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HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9145665Fort Collins Date: 09/30/2014 Vendor: 496440 XEROX CORPORATION c/o LEWAN & ASSOCIATES INC 100 S CLINTON AVE XRX2-40A ROCHESTER NY 14644 PURCHASE ORDER PO Number Page 9145665 1of4 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 09/30/2014 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price Xerox W7835PT Copier Lease 1 LOT LS 1,096.02 2014 Payments-Faciilities Admi Lease year 2 of 5 for Xerox Work Centre W7835PT Copier/Printer System, Serial #: TBD Quantity: One (1) Location: City Of Fort Collins -Operation Services @ 300 LaPorte Ave, Bldg. B, 2nd Floor, Fort Collins, CO 80521 Lease Term: Sixty (60) months. Base Monthly Lease Charge: $182.67 Pricing fixed for term of Lease. Includes: 5,000 B&W and 250 Color prints per month. Per State of Colorado Xerox Price Agreement #: 98526YYY11 MANSCA, Lewan & Associates quote dated 05/22/13. Includes trade-in of two (2) City -owned copiers: Sharp MX3501, Serial# 65057732, and Sharp AR407, Serial# 06502508. Line 1 dollar amount for department portion for total cost for twelve It 2) payments. 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 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 City of F`rt Collins PURCHASE ORDER PO Number Page 9145665 2 of 4 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price upon appropriation of funds by Lessee's City Council, which appropriation is entirely discretionary. 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 2 Xerox W7835PT Copier Lease 2014 Payments -Fleet Admi Lease year 2 of 5. 1 LOT LS for Xerox Work Centre W7835PT Copier/Printer System, Serial #: TBD Quantity: One (1) Location: City Of Fort Collins -Operation Services @ 300 LaPorte Ave, Bldg. B, 2nd Floor, Fort Collins, CO 80521 Lease Term: Sixty (60) months. Base Monthly Lease Charge: $182.67 Pricing fixed for term of Lease. Includes: 5,000 B&W and 250 Color prints per month. Per State of Colorado Xerox Price Agreement #: 98526YYY11MANSCA, Lewan & Associates quote dated 05/22/13. Includes trade-in of two (2) City -owned copiers: Sharp MX3501, Serial# 65057732, and Sharp AR407, Serial# 06502508. Line 1 dollar amount for department portion for total cost for twelve (12) payments. 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. 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 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 1,096.02 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9145665 3 of 4 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price non -appropriation or non -availability of funds as set forth above. 3 Estimated print charges Facilities Admin portion 1 LOT LS for above Xerox Work Centre W7835PT Copier/Printer System, Serial #: TBD Location: City Of Fort Collins -Operation Services @ 300 LaPorte Ave, Fort Collins, CO 80521 Base Monthly Lease Charge per PO Lines 1 & 2 includes: 5,000 B&W and 250 Color Prints per month. All additional Prints @ $0.0087 per B&W and $0.0683 per Color. Price Includes: , All Consumable Supplies (except paper), Parts and Service. Pricing Fixed for Lease Term. Per State of Colorado Xerox Price Agreement #: 98526YYY11M/WSCA, Lewan & Associates auote dated 05/22/13. 4 Estimated print charges Fleet Admin Portion 1 LOT LS for above Xerox Work Centre W7835PT Copier/Printer System, Serial #: TBD Location: City Of Fort Collins -Operation Services @ 300 LaPorte Ave, Fort Collins, CO 80521 Base Monthly Lease Charge per PO Lines 1 & 2 includes: 5,000 B&W and 250 Color Prints per month. All additional Prints @ $0.0087 per B&W and $0.0683 per Color. Price Includes: , All Consumable Supplies (except paper), Parts and Service. Pricing Fixed for Lease Term. Per State of Colorado Xerox Price Agreement #: 98526YYY11 M/WSCA, Lewan & Associates quote dated 05/22/13. 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.mm 71.32 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 4 of 4 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cedificare of Registry, 84-6000587 is registered with the Collector. of Failure of the Ransil to insist upon m et performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Shoutcs 1973, Chapter 39-26,114 (a), exercise any rights or remedies provided herein or by law, failure W promptly notify the Seller in the event of a breach, the acceptance .for payment for goads hereunder or approval ofine design, shall not release the Seller of Goads Rejected GOODS REJECTED time to helium to meet specifiasrions, either when shipped or doe to defects of any of the warranties or obligations oI his purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not in be replaced except upon receipt of anden purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions dam the City of Fort Collins. of when shipped, received or accepted, as tUs any prior or subsequent default hemunder, nor shall any purPoded am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of For Collins inspection on Urban. hereof Final Acceptance. Receipt of he merchandise, services or equipment in roye to this order can r esult in 12, ASSIGNM ENT OF ANTITRUST CLAIMS. authud onpaymem on the parr of the City of FortCollins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in arm.) C-surnme practice, overcharges resulting forum antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser.Theretofore, for Pod.. and m consideration for extending this purchase order, the Seller hereby assigns to the Purcluser any and all claims it may now have or hereafter Freight Terms Shipments must be P.O.B., City of Fort Collins, 700 Wood St., Port Collins, CO 80522, unless acquired under federal or ,are antitrust laws for such overcharges relating to the particular goods or services otherwise apecfied on this order.If permission is given to prepay freight and charge separately, the original freight purchased oracquired by me Purchaser pursuant to this purchase order. bill must acromoanv invoice. Additional election for aaeking will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point 1. destinotioq and execs. freight will be deducted from Invoice when shipments are made from greater distance Perris. Seller shall pr.eure at sellers cote coal all recesslry permits, eciifioam, and licenses myuired by all applicable laws, regulators, ordinances and mas of the state mudempality, territory or political subdivision where the work is performed, or required by any bill,, duly constipated public authority having jurisdiction over the work of vendor. Seller Podhel agrees to hold the City of Fiat Collins harmless from and against all liability and loss inclumd by them by reason of an asserted or established violation of any such laws, regulations, ordinances, tales and requirements. Authentication. All Ponies is this eonrnm agree that the representatives me, in fact, From fide and posses full and complete authority 1. bind said parties. LIMITATION OF TERM& This Purchase Order expressly limits acceptance to the terms and conditions stated l eein set forth and any a mplementary or vdditional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller am objected to and hereby repeated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you .,.of make complete shlpmem in arrive on yen, promised delivery date m noted. Time is of the essence. Delivery and performance must be effecmd will the time stated on the purchase order and the Paten is attached hereto. No acts of the Purchasers including, without limitnto." acceptance of partial it, deliveries, shall eperate as a waiver ofthis provision. In the trim, of any delay, the Purchaser shall have, in addition to other legal uad equitable remedies, the option of placing In,, aid,, elsewhere and holding The Seller liable for damages- However, the Seller shall not be liable for damages as a result of delay, due to reuses not reasonably foreseeable which are beyond its miserable control and without its fault of negligence, such acts of God, new ofcivil or military authorities, governmental priorities, fire,, strikes Boor, epidemics, slow or mots provided that notice of the conditions causing such delay is given W the Purchaser within fare (5) days of the time when the Seller Best eoeived knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reamm of the delay. 3. WARRANTY. The Seller wormers that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fi, for the purposes intended, and performed with the highest degree of care and competence in accordance with eveladl standards for work of a -similar nature. The Seller agrees to hold the purchaser hamreas from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of woranty. The Seller shall replace, repair or make good without cost Io the purchase, say defeats or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terns of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done ar materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim voile, this war arty. Except as mucrvnse provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing waramies or guarantees, but such liability shelf in no event include loss of profits or lass of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. A CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purch ormay make any changes to the terms, other than legal terms, including additions to or dricumns own the quantities originally ordered in the specifications or drawings, by verbal or written change order If any such change affects the amount due or the time ofpcefommanee hereunder, an equitable adjustment shall be muds 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 equitable adjustment between the parties . a any work or ..,coal, then in progress provided that the Purchaser shall act be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect many goods which are me Sellers standard stock. No such termnation shall relieve the Purchaser or the Seller army of their obligations as to any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted will thirty (30) days from the date the change at termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as may be required as effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffed by the Purchaser as a result of the Sellers failure to comply with such low. 9. ASSIGNMENT. Neither pan, shell assign, horsier, or convey this order, or any monies due or to become due hereunder without the prior wriden consent oftbe other parry. 10. TITLE, The Seller warrants Poll, clear and unrestricted title. the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pu¢haser directs the Seller to correct... conforming or 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, me Purchaser may cause the work to be performed by the most expeditious rem¢ available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purclemer and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such parry. no Seller's contractual obligations, including warranty, shall not be deemed or be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever he Seller is required to use any design, device, rumored or process coved by letter, paten, trademark ifir Copyn,ht the Seller shall indemnify cud save harmless the Purchaser from any and all dorms for infringement by reason of the use of such patented design, device, material or process in connection with the contract and shall indemnify the Purchaser for any east, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of me work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute inGngement and the use of said equipment or par is enjoined, the Seller shall, at its own expense and at its .,flan, either procure for the Purchaser the right to Continue Using said equipment or parts, replace the same with substantially equal but nonlnfringing equipment, or modify it so it becomes nonlnfn'nging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assigomem for the benefit of cochow, appoint . meriver ar trute se for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions afteram used.1 he mterommuon of the agreement sad the rights of all parties hereunder shall be construed undo and 6ewemed by the laws fthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the semices.f Sellers Represenmtiou sh en tbepremises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in x of any auiden, demmcti.n or injury to the work and/or materials heron Sellers final completion and wepta ve, conglare the work at Seller's own expense and m the sco,ficeflon of the Pumhreser. When materials and equipment are 0h.ished by others for installation or marien by the Seller, the Seller shall rimier, unload, store and handle aame at the site and become responsible therefore as though such materials and/or ca uiP erect were being fmislhed by the Seller order the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, m its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited by contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any one widen and pmpmy dome,, limit per accident of S400,000. no Seller shall likewise raluire his comrade, if any, to provide for such compensation and insua Before any of the Sellers or his contractors employees shall do any work upon the premises of others, theSeller shall famish the Purchaser with a certificate that such compensation and insurance have been provided Such cedificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller ag emy that such compensation and insurance shall be maintained until after the entire week 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 ofany kind or notice whatsoever to persons or property, caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewltb. The Seller will indemnify and hold harmless fee Purchase and any r all of the Purchasers officers, agents and employees hem 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, negled, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees a, any time on account or by reason of any at, fire, Coldest, omission er defend, of the Seller of any of his contractors or any of its or their officer, agents or employees as aforesaid the Seller hereby acres to resume the defense thereof and to defend the same at the Sellers own expense, to pay any and all casts clrarges, encomia fees and other expenses, any and al l judgments mat may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchase, or said Comics in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard m safety including, but without limilatioq the Occupational Safety and Health Act of 1970 and of I rules and regulations issued pursuant therein. Revised 0712014