HomeMy WebLinkAbout113589 XEROX CORPORATION - PURCHASE ORDER - 9142906Fort Collins
Date: 05/21/2014
Vendor: 113589
XEROX CORPORATION
PO BOX 660502
DALLAS TX 75266-0501
PURCHASE ORDER
PO Number Page
9142906 1 of 3
This number must appear
on all invoices, packing
sli s and labels.
Ship To: CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST- 1ST FLOOR
FORT COLLINS CO 80521
Delivery Date: 05/21/2014 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t Xerox W7845PT Copier 1 LOT LS 2,022.12
Lease Payments-CPIO Dept.
for Xerox Work Centre W7845PT Copier/Printer System. Serial #: TBD
Quantity: One (1)
Location: City Of Fort Collins - Communications and Public Involvement (CPIO) Department
@ 215 N. Mason Street-3rd Floor, Fort Collins, CO 80524
Lease Term: Sixty (60) months.
Total Base Monthly Lease Charge: $168.51
Includes: 10,000 B&W and 250 Color prints per month.
All B&W Prints over 10,000 @ $0.0087 each.
All Color Prints over 250 @ $0.0602 each.
Covers: Consumable Supplies, Service, Parts and Labor.
Pricing fixed for lease term.
Per State of Colorado Xerox Price Agreement #: 98526YYY11 M/WSCA,
Xerox Lease Agreement dated 05/13/14, and Lewan & Associates Proposal dated 05/09/14.
No trade-in.
State of Colorado Central Services user fee of $.001 per print wil be billed separately.
PO Line 1 for twelve (12) months of Base Lease Charges.
Non -appropriation of Funds
Lessee reasonably believes that it will have a need for the Equipment for the duration of the
Lease and that funds will be available and appropriated to make all payments under this Lease,
however, the availability of funds in future fiscal years is dependent upon appropriation of funds
by Lessee's City Council, which appropriation is entirely discretionary.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PO
PURCHASE ORDER 914290er Page
City, of9142906 2of3
F6r} CollinsChis number must appear
1y`�—J`-' ` , 1 on all invoices, packing
sli s and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
Lessee will seek funding each year as part of its Budget process. If funds to continue the
leasing of the Equipment for the portion of the Lease term falling in the next year are not legally
available for such purpose, Lessee may terminate this Lease at the end of the current year without
penalty.
Lessee will notify Lessor at least thirty (30) days prior to the end of the year if funds are not
available for the payments required under this Lease by reason of non -appropriation or
non -availability of funds as set forth above.
z Estimated Print Charges
for above Xerox Copier
1 LOT LS
for above Xerox Work Centre W7845PT Copier/Printer System. Serial #: TBD
Location: City Of Fort Collins - Communications and Public Involvement (CPIO) Department
@ 215 N. Mason Street-3rd Floor, Fort Collins, CO 80524
Base Monthly Lease Charge per PO Line 1 includes:
10,000 B&W and 250 Color prints per month.
All B&W Prints over 10,000 @ $0.0087 each.
All Color Prints over 250 @ $0.0602 each.
Covers: Consumable Supplies, Service, Parts and Labor.
Pricing fixed for lease term.
Per State of Colorado Xerox Price Agreement #: 98526YYY11M/WSCA,
Xerox Lease Agreement dated 05/13/14, and Lewan & Associates Proposal dated 05/09/14.
State of Colorado Central Services user fee of $.001 per print wil be billed separately.
PO Line 2 amount for twelve (12) months estimated total Print Overage charges.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com
Total
Invoice Address:
12
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
jKlmgmem"
Page 3 of 3
I. COMMERCIAL DETAILS.
Tax excmpliew By statute the City of Fort Collins is exempt from stare and local taxes. Our Exemption Number is I L NON WAIVER.
98-04502. Fdeal Ewiu Tax E,,mplion Certificate of Registry 94-60U0587 is registered with the Collector of Failure of the Purchaser to iris, upon said performance of the arms and conditions herel failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sdmres 1923, Chapter 39-26. 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
beach, the acceptance of or payment for goods beaus cr or approval offl a design, shall not release the Seller of
Goods Rejective. GOODS REJECTED due to faille on and speadfrcations. either when shipped a doe to defects of any of the w'homwiies or obligations of this pm<low, oNer did iftesll no, be demand a waiver of any eight of the
damage in wnsil may be mrumed to you for credit and are not to M replaced except upon receipt of written purchaser to insist upon sad peif... hermf or any i f its rights o, remedies as to any such goods, regardless
instructions from the City afford Collins. of when shipped received m accepted, as to any prim or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase all by the Purchased operate air a waiver of any of the lams
Inspection. GOODS arc subject to the City of Fort Collins inspection on drival. hereof.
Final Acceptance. Receipt of the memhandse, slices or equipment in response as this oNer can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized WMen, on the pan of the City of From Collins. Boosted, it is m be laderstood that FINAL Seller end the Purchaser recognize that in actual d overcharges
is practice, overchaes mocking form animus,
ACCEPTANCE is dependent upon completion of all applicable required impaction procedures. violations are in fact home by the Purchafo er. Theraomfor egood cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Perms. Shipments must be F.O.B., City of Fart Collins, 700 Wetad St, Fort, Collins, CO 80522, unless acquired under federal or score antitrust laws for such overcharges notating to the particular goods or -dod,s
otherwls, specified on this oNer. 1f permission o given to prepay freight and charge separately, the original freight purched or acquired by the Purchaser pursuant his this purchase maker.
bill must accompany invoice. Additional charges for puking will not be accepted.
13 PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various pans of the nrmnry, shipment is Ifthe Purchaserdiacts the Selluto correct nourachamningor defective gaodsby a date to beagreed upon bythe
expected hour the neureat distribution point to destination, and excess freight will be dallied from invoice when Purchased and the Seller, and the Seller dermfter indicates its intibiloye, unwillingness to comply, the Purchased
shipments are made from greater distance, may cause Ihe work m be performed by the most expeelitiom means available to it, and the Seller shall pay all
vests associated will such work.
Permits. Seller 'bull pmmre at sellers sole cost all necessary permits, cenificaes and licenses required by ill
applicable law, regulations, anlimams and mles ofthe state, municipality, territory or political subdivision where
the work is perfumed, or required by any other duly constituted public authority having jurisdiction over the work
ofvendor. Seller further agrees to hold the City of Fart Collins harmless from and against all liability and loss
i-mied by them by reawn of an asserted or established violation of any such laws, regulations, ordinances, mles
and monor men¢.
Authorization. All panics In this contract agree that the represenmtives are, in Net, Meta fide and possess full and
mmplde authority m bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions smtd
herein sec Farah and any wpplemmdry or additional aeons and conditions annexed hereto or incorporated herein by
reference. Any additional or different terns and conditions proposed by seller art objected to and hereby rejteted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery date as noted. Time u ofthe essence. Delivery and perfotmaure must bo effected within the into
stated on the purchase order and the documents attached hereto. No acts of the Purchasers imdnding, without
limitation, accepldwt of partial late deliverid, shall opera, is, a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of phcing this order elsewhere
and holding the Seller liable for damages. Drearier, the Sella shall not be liable for damages ns a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its foal of negligence,
such acts of Ghd, is afciwil an milhary authorities, govemova 1primiloa,fires, strikes, flout, epidemics, wa,aa
riots provided that notice of the conditions causing such delay u given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the dam ofdelivery shall be
extended far the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Sella womatts that sell goods, ameles, materials and work covered by this aNer will confbm with applicable
drawings, specifications, samples ardor other descndions given, will be fit for the particles intended, and
perforated with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. 'fee Seller agrees to hold the pure arsa handless from any loss, damage or expert¢ which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
goM, without cast to the purchases, any dra. or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the tarts of any applicable wamnty Fail by the Seller alter the dam of
acceptance of the gouda famished hereunder (acceptance not be unreasonably delayd), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or user of goods by the Purchase, shall at
mnsrime a waiver of any claim under this warranty. Except w otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the f regole, cam arnia
or gromatees, but such liability shall in no event include low ofpmfim or loss of we. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS,
The Purcher may make changes Irk legal terns by wiiae s change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purcher may make any changes m den terms, other than legal terns, indnding edditi.w to or deletion from
the quantities originally ordered in the specificaMu or dmwiogs, by verbal or written change maker. If any such
sludge affects the amour due a the time of performance hereunder, an egaimble adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wriaen change order, terminate this agreement w in any or all Families; of the
goods then at shipped subject to any equitable adjustment between the parties as to any work or materials then in
Prdy¢ss provided than the Piumhowr shall not be liable for my claims for anticipated pmfta on the uncompleted
potion of the goods anNer work, for incidental or consequential damages, and that no such adjustment he made in
favor of the Seller with aspact to any goods which are the Sellers .stand stock. No such amiedion shall relieve
the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder.
T CLAIMS FOR AIa3 US'MENT.
Any claim for adjustment most bar asserted within lhirry (30) days from the Jute the charge ,, termination is
ordered.
S. COMPLIANCE Will I I LAW.
The Seller wamnu that all goods sold hereunder shall have been produced, sold, delivered and famished in steer
omplience with all applicable laws and regulations to which the goals are subject. The Seller shall execute send
deliver such documents m maybe required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character art hereby inch ported herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmers from all costs and damages su@col by the Purchucr d a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall nssI,. uatufer, or convey this hold, or any mauies due or as became due hereunder without the
PH., whiten consent of the other Pray.
10. TITLE.
The Seller sea.. full, clear and umesoic¢d title to the Purchaser for all equipment, materials, and in. famished
n Performance of this agreement, free and clear of any and all lido, seshidions, swivatians, security interest
encumhnces and claims of orders.
'[he Seller shall release the Purchaser and its canmalora of any tier Gam all liability and claims of any nature
resulting from be Pdfowrmm of wch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, oRcers and employees fsuch party.
The Sellers contmemal obligations, including warranty, shall nor M deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whl. the Seller is mluird to use any design, device, material or process coverts by lent, From, mdemad
or copyright, the Seller shall indemnify and save harmless the Purchaser from any real all claims for management
by dawn of the use of such patented design, device, material m process in connection with the crramd, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obb,al on pay by ream. ofsuch
infringement at any time during the prosecution m after the completion of the work. In caw said equipment, or
any pan thereof or de intended use of the goods, is in such suit held to constitute inGngement am the we of
said equipment or pet is enjoined, the Seiler shall, at its awn expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal bur
noninGnging equipment, or modify it so it becomes no un(ringing.
15. INSOLVENCY.
If the Seller shall become insolvent or band:mpt make an assignment for the benefit of eteditors, appoint a
modiver or trustee for any of the Sellers property or business, this order may ffthoolb be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of tones used or the interpretation ofthe ti ernout and the rights of all parties havarder shall be
construed under and governed by the laws of the Side of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the eervicu of Sellers Reprommaiddi), oa the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry oa said work at Selena awn risk until the ume is fully completed and accepted, and shall
in u of any accident, destruction or injury to the work andror materials before Sellers fwl completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When matmals
and equipment are burnished by others Ir installation or erection by the Seller, the Seller shall receive, unload,
store aM handle same at the site and become resporeible therefor ns though such materials andlor equipment
were being famished by the Seller under the order.
IS. INSURANCE.
The Seller shall, m his awn expense, provide for the payment of workers compowance, including hccup tioned
diveau benefits, to its employees employed on or in connection with the work covered by this purchase oNer,
andan to their dependents in accordance with the lax'' of the state in which the work is to In, done. The Sella
shall was carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury unit death limits of a, least 5300,001) for any one w wn. 5500,000 for any
ccidem and property damage limit per ucidem of Se00,000. The Seller shall likewise require his
malmmma, if any, in provide for such compensation and insurance. Before any of the Sellers or his coutmdars
employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a ceMfrcam
that such compensation and insurance have been provided. Such certificates shall specify the dam when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire respnnobil ity and liability for any and all damage, loss or injury of any kind
namm cano-ow, 1. perim. c, property craved by or resulting goal the execution ofthe work provided for in
this purchase order or in connection herewith. The Seiler will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employces from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, tickled, omission or default on the par of the Sells, any of his
con of or any of the Sellers or contractors officers, agents or employees. In case any suit or other
promedinge shall b, brought against the Purchase, or its officers, agents or employees at any time on account or
by rovers of any act, action, neglect omission or default of the Sella of any of his commetors a any ofits me
their oRcers, agents or employees ns aforesaid, the Seller hereby agrees to nssume the defense thereof and to
defend red same at the Sellers own expense, to pay any and all costs, charges, aaomrys fees and other expenses,
any and all judgments dial may be incurred by w obmined against the Purchaer or any of its or their officers,
agents or employees in such suits or other proceedings, had in case judgment or other lien M placed upon or
assumed against the imperry ofthe Purchase, m said panics in or as, a result of wch suits or other proceedings,
the Seller will at once cause the same an be dissolved and dischztgd by giving bond or otherwise. The Solid and
his mntmctors shall take all safety precautions, famish and instill all goads necessary, for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Ad of 1970 did all mles and regulations issued pwaant Hereto.
Revised 03n010