HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9142925Fort Collins
Date: 05/22/2014
Vendor: 496440
XEROX CORPORATION
c/o LEWAN & ASSOCIATES INC
100 S CLINTON AVE XRX2-40A
ROCHESTER NY 14644
PURCHASE ORDER
PO Number Page
9142925 1of3
This number must appear
on all invoices, packing
sli s and labels.
Ship To: COMMUNITY DEV & NEIGHBORH
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 05/22/2014 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Xerox WC7775P Copier
Lease Payments -Planning Svcs.
1 LOT LS
for Xerox Work Centre W7775P Copier/Printer System. Serial #: TBD
Quantity: One (1)
Location: City Of Fort Collins - Planning Services Department @ 281 N. College Ave.,
Fort Collins, CO 80524
Lease Term: Sixty (60) months.
Total Base Monthly Lease Charge: $282.68
Includes: 35,000 B&W and -0- Color prints per month.
All B&W Prints over 20,000 @ $0.0067 each.
All Color Prints @ $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 5/13/14, and Lewan & Associates Proposal dated 5/01/14
Includes trade-in of one (1) Sharp MX620ON Copier, Serial # 6500116X.
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.
3,392.16
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 $0522-0580
PO
PURCHASE ORDER 914292 Number Page
C117/ of PURCHASE
9142925 2 of 3
Flirt Collins This number must appear
,�—J`_' ` on all invoices, packing
slips 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-availabilitv of funds as set forth above.
2 Estimated Print Overage Costs
for above Xerox Copier
1 LOT LS
for above Xerox Work Centre WC7775P Copier/Printer System, Serial #: TBD
Location: City Of Fort Collins - Community Development & Neighborhood Services (CDNS)
@ 281 N. College Ave., Fort Collins, CO 80524
Base Monthly Lease Charge per PO Line 1 includes:
35.000 B&W and -0- Color prints per month.
All B&W Prints over 35,000 @ $0.0067 each.
All Color Prints @ $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,
and Xerox Lease Agreement dated 5/13114.
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
3,600.00
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terni and Conditions
Page 3 of 3
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from stale and Iaul loxes. Our Exem,pron Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 54-6000587 is registered with the Collector of
Internal Revenue, Ilrnva. Coleman (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a}
Goods R Jested. GOODS REJECTED due to failure m urea specifications, either when shipped or due fo defects of
damage in ,mush may be retumN t0 you far credit and art not to be replaced except upon receipt of wnnen
insnuaions from the City of Fort Collins.
Inspection. GOODS are subject,. the City of Fort Collins inspection on spread
Final Acceptance Receipt of the nerchandue, services or equipment in response a this .,it,, can
seam, in
migrational payment on the Pan of the City of Fort Collins. However, it is to be understood thatFINAL
ACCEPTANCE is dependent upon completion ofall applicable regional inspection procedures.
Freight Terms. Shipments must be F.OJL. City of Fort Collins, 7W WOW St, Fort Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill must avi antpusy invoice. Additional charges fir Packing will not be accepted.
Shipment Distance Where ararufamers have di,nibmirg our, in vioners pans of the country, shipment is
expected from the nearest distribution point to darination, and excess freight will be dedoaN Wm Invoice when
shipments art made from greeter distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and liwnses required by all
applicable laws, regulations, ordinances and tales of the stare, municipality, temtory or political sudlivision where
the is ork is perforated, or required by any other duly circulated public authority having jurisdiction over the work
of vendor. Seller further agrees Id hold the City of Fort Collins hamdas from and against all liability and has
incurred by them by renson of an asserted or established violation of any such laws, regulations, ordinances, tales
and m,oremems.
Awfortration. All Wnim to this contract agree Out the representatives are, in fact, Imna fide and possess full and
complete authority to bind said panic.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
basin set Form and any supplementary or additional tams and conditions annexed heeto or nominated herein by
rcfcrcnce. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on yam
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
stated oa the purchase maker and the documents moehN hereto. No acts of the Purchasers including, withoat
limitation, avernmer, of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchase shall have, in addition to other legal and equitably comedies, the option of placing his order Nvawbere
and holding the Seller liable for damages. However, the Seller shall nor be liable fit, damages as a result ofdclays
due to causes nil mamnably foreseeable which are beyond its retractable control and without its fault of negligence,
such acts of God, acts cf civil or military authorities, gmemmemal priorities, Ores, strikes, flood, epidemics, wars or
non provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge therm[ In the event of any such delay, the date of delivery shall be
estendN fir the am] equal to car time actually lost by m»n i f the delay.
3. WARRANTY.
The Sella warrants that all goods, shicla, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or tither descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
'similar carom. The Seller agrees or hold the purchasa httmtl as from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
goad, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of
time as maybe presented by law or by the terms army applicable warrdnry provided by the Seller after the date of
acceptance of the goods f ishN Meander (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
msdmte a waiver of any claim under this w.rumy. Except a otherwise provided in this purchase code, the Sellers
ability heremWar shall extend to all damage, proximately caused by the breach of any of the Jocelyn g wurmntla
or guammees, but such liability shall in no event include low of profits or loss ofrose, NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCI Al. TERMS.
The Purchaser nny make any changes to the terms, other than legal terns, including adhoiens to or deletions from
the gweriilies originally ordered in the specifications or drawings. by verbal or written change order. If any such
change afferent the amount due or the it.,, of performance hereunder, im eT.i.blc iul reamer, shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any scribble adjustment between the parties as to any work or materials then is
pruSre s provided mbar the P... cri shall no, be liable for any slat , for mo,ipawd profits a the inpleted
portion of the goods output work, for incidental or consequential damages, and that no such adjustment be namde in
favor of the Seller with respect m any goals which arc the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be, armed within thirty (30) days from the elm the change or termination is
ordered
S. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fmished in strict
compliance with all applicable laws and regulations as which the goods ae subject. The Sella shall execute and
deliver each documents as may be required to effect or evidence compliance. All laws and regulations required to he
incorporated in agreements of this character are hereby inco"baced herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hatless from all costs and damages suffered by the Purchaser as a .It of the
Sellers failure to comply wide such law.
9. ASSIGNMENT.
Neither party shall ws,ir. transfer, ar convey this order, or any monies due or ta become doe hereunder without the
prior when woven ofthe othapary.
10. TITLE.
The Seller warrants fall, clear and uruestriaed lid,,. me Purchaser far all equipment materials, sent items furnished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of amers.
I L NON WAI VER.
Failure of the Purchaser to insist upon strict perfommnce of the terms and conditions hereof, failure or delay to
exercisany rights,or remedies provided herein or by law, failure inpromptly notify the Seller in the event of a
breach, e the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of
any of the .'almond m obligations of this purchase order and shall wl be deemed a waiver of any right of the
purchase, to insist upon area performance hereof or any of its rights or remNies ns to any such goats, regardless
of when shipped, received or accepted, as ,o any prior or subsequent default hereunder, nor shall any purported
am] court fication or rescission of this purchase order by the Purchaser operate as a waiver of any of the tents
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the purchaser recognia that in actual tt is practice, overcharges resulting from antitrust
violations ane in fact home by the Purchaser. Themofore, tforr good cause and as consideration for executing this
purchase order, the Seller hereby assigns b the Purchaser any and all claims it may now have or hereafter
sen aild order federal or sure anritnast laws for such overcharges relating in the paricular goods to services
Purchased or acquired by the Purchaser pursuant,. this purchase order.
13- PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller m cored nonconfomdng an defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work an be Performed by the mast expeditious means available to it, and the Sella shall pay all
costs associated with such work.
The Seller shall release the PurcM1nsef and its contractors of any four tram all liability and claims of any nature
esulfing from the pamparnme, of such work.
This release shall apply even in the event of fault of negligence of the patty released and shall extend to the
directors, officers and employees of such party.
The Sellers contraction obligations, including wanany, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to .,a any design, device, material or process covered by letter, patent, trademark
in copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims fir infringement
by mason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnity the Purchaser for any cost, expense or damage which it may be obliged to pay by mostor of such
management at any time during the fabrication or once the completion of the work. In case said equipment or
any par thereof or the intended use of the goods, u in such suit held to constitute infringement and the ae of
said gmpmrnt or Pan is enjoined, the Seller shall, at its own expense and at its optic., either p.am for the
Purchaser the right to continue using said yuipment or pans, replace the same whit mbsuntially equal boo
no miringingequipment, or modify it so it becomes noninfhgiii,
15. INSOLVENCY.
If date Seller shall became insolvent in baN:mpl, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of tents un d or the interpretation of ibe agreement and the rights of al I parties hereunder shall be
compared under and greened by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in where the Seller is to perform work herandeq
including the services of Sellers Repowentan,,TUL as hecases
premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work an SeIINs own elsk unfit the same is fliy mmplaed and accepted, and shall,
in e of any accident, destruction or injury to the work amber materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are finished by ethers for instillation of erection by the Sella. Sella shall receive, unload,
stare and handle same at the site and become responsible therefor as though such materials amVm equipment
were being famished by the Seller under the order.
18, INSURANCE.
The Seller shall, at his own expense, provide for the payment ofworkers compensation, including occupational
disease benefits, to its employer employed on or in connection with the work covered by this purchase order,
araD r to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also puny comprehensive general liability including, but not limited to, contmcmal and cutomahle public
liability insurance with bodily injury and death limits of at lend 5300,000 for any one person, $500,000 for any
me accident and property damage limit per accident of 5400,000. The Seller shall likewise ratio, his
contrutars, if any, to provide lot such compensation and imurence. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchase with a certificate
,hat such compensation and imumnce have been provided. Such ra fficma shall s, eify the dare when such
compensation and insurance have been provided. Such certificates shall specify the dare 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 responsibility and liability for any and all damage, loss or injury of any kind
nutum vs'hanoever as paame, or properly caused by or..]f it, from me cxeemion of the wad Provided for a
this purchase order or in connection berexim. The Seller will indemnify and hold harmless the Purchaser and any
r all of me Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or per,eny to which the Purchaser may
be put or subject by manna of any act, action, neglect, omission or default on the pan of the Seller, any of his
comments, or any of the Sellers or contractors officers, agents or employees. In case any said or other
proceeding shall be souugM against the Foremen, or its officers, agents or employees at any time on account or
by reason of any act action, neglect omission or default of the Seller of any of his cpntmaors or any of its or
their omcas, agents or employees as aforesaid, the Seller hereby agrees to assurance the defense thereef and to
defend thr same at the Sellars own expense, to pay any said all casts, charges, attorneys f and other expenses.
any and all judgments ram maybe incurred by or obtained e,a. me Purchaser or any of its ar their officers,
agents or employees in such suits or other pmueedings, and in case judgment or other lien be placed upon or
obtained against the property, of the Purchaser, or said parties in or as a result of such suits or other proceeding,
the Seller will at more cause the same In be dissolved and discharged by giving bond m otherwise. The Seller and
his contractors shall take all safety precautions, famish and iaaell all guards necessary, for The prevention of
accidents, comply with all laws and regulators with regard to safety including, but without limitation, the
Occupatimul Safety and Health Act of 1970 and all tales and regulations issued pursuant thereto.
Revised 03n010