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HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9150256Fort Collins Date: 01/13/2015 PURCHASE ORDER PO Number Page 9150256 1of3 This number must appear on all invoices, packing sli s and labels. Vendor: 496440 Ship To: FACILITIES DIVISION XEROX CORPORATION CITY OF FORT COLLINS c/o LEWAN & ASSOCIATES INC 300 Laporte Avenue 100 S CLINTON AVE XRX2-40A Building B ROCHESTER NY 14644 FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2015 Purchase Order 1 LOT LS 1,260.00 Xerox WC125PT Copier Lease to cover the cost of payments for Xerox WorkCentre WC7125PT Copier/Printer System, Serial #: XDC389453 Location: City of Fort Collins Real Estate Department at 300 LaPorte Ave., Building B, 2nd Floor, Fort Collins, CO 80524 Lease Term: Sixty (60) months. Base Monthly Lease Charge: $135.05 Includes: -0- B & W and -0- Color prints per month. Line 1 dollar amount for 12 payments. For period: January 1, 2015 through December 31 2015 2 2015 Purchase Order Estimated Cost per Print for above Xerox WorkCentre WC7125PT Copier/Printer System, Serial #: XDC389453 Location: City of Fort Collins Real Estate Department at 300 LaPorte Ave., Building B, 2nd floor, Fort Collins, CO 80524 Lease Term: Sixty (60) months. Base Monthly Lease Charge: $135.05 Includes: -0- B & W and -0- Color prints per month. 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 LOT LS 1,500.00 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 9150256 2of3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price All prints @ $0.0083 per B & W and $0.0562 per color Per State of Colorado Xerox Price Agreement #:98526YYY11 M/WSCA, Lewan & Associates quote dated 12/13/11, and PO Attachment dated 12120111. Line amount for 12 months estimated total print charges. For period: January 1, 2015 through December 31, 2015 ;nri rail 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 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By smum the City of Fart Collins is exempt from stateaM local roses. Our Exemption Numberis 11. NONWAIVER. 9804502. Federal Excise Tax Exemption Catificate of Registry, 84-6000587 is ergisteed with the Collanor of Failure of the Purchased In, insist upon sand performance of the Berme and conditions hereof, Gilmm or delay, to Internal Revenue, Darveq Colorado (Ref Colorado Revised Stamta 1993, Chapter 39-26, 114 (a), exercise any rights or remedies provided harem or by law, lateral. promptly ratify the Seller in the net of a breach, the acceptance of or payment fro goods hereunder m approval of the design, shall not or. the Sell. of Goods Reported. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of flue w rrandin or obligations of this purchase area and shall not be deemed a waiver of any fight of the damage in aamit tray be aetumed to yen for credit and are rat do he replaced <xcepd upon receipt of wnnm Purchaser m insist upon strict performance hereof or my of ins rights to remedies n to any such goods, regardless instructions domain, City of Fort Collins. of when shipper, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported and modifirmion or rescission of this pumMse coda by the Purchaser operate as is waiver of any of the moms Impaction. GOODS arc subject to the City of Fort Collins inspection on amval. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller end the Purchner recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violmiom ere in fact bume by the Purchaser. Therdofore, for and cause and as ramification ation for executing Nis purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, Jolt Waal St, Fon Collins, CO 80522, unless acquired under Roland or sate antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. Ifftamission is given to prepay freight and charge separately, the original ficadu purchased or acquired by the Purchaser pursuant o thispuchase order, bit must acconmanv invoice. Additional charges for racking will not be credited. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to darination, and excess freight will be deductrd from Invoice when shipments me made war greater distance. Permits. Sella shall procure at adlem sole cost all necessary Permits, certificates and hermw occasional by all applicable laws, regulations, ordinances and ales ofthe state, municipality, ternary or political subdivision where the work is perfoanal, or required by any other duly consumed public authority hecingrvnsdiction over the work of vcrdor. Sella further agates ro hold the City of Fort Collins harmless from and against all liabiliy and loss ncuered by them by remora of an asserted or established violation of any such lazes, regulations, ardimandta, rvla and requiremcnk. Autho cation. All penim to this contract agree that the repreunntives rear, in fact bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Pumhax Order expressly limits acceptmce io the mars and condition stated herein set forth and any supplementary or additional terms and condition material hereto or Incorporated heroin by reference. Any additional or different tams and conditions proposed by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASMG AGENT immediately if you cannot make complde shipment to anioe on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time slated an the purchase order and he documents attached herein. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable rcro din, the option of placing this order elsewhere and holding she Seller liable ff damages. However, be Seller shall not be liable for damages as, a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such ark afGod, acts ofcivil or military authorities, govemarct al priorities, fires, strikes, Rood, epidemics, wars or Ties provided but 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 thereof. In the event of any such delay, the date of delivery shall he extended for the period equal to the rime usually Just by reason ofthe delay. 3. WARRANTY. The Seller wanank that all good, articles, materials and work covered by this order will conform with applicable drawings, sgaifimtions, samples and/or other dcscripdon given, will he fit for the purposes intended, and performed with the highest degree of care deed compemmx in accondanec with accepted standard for work of a similar mama. The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser racy sung or incur on aceowt of the Sellers breach of warranty. The Sella shall rrplxce, repoir ar rake good, wi0a o and 1e she pnmhsser, any defects or faults arising within are (1) year or within such longer penal of dime as may be preacdbed by law or by she terra of any applicable warranty provided by the Sella after she date of wardrobes, of the good Published herewder (acceptance not o be unreasonably delayed), resulting from impart t or detective work done or materials famished by the Seller. Acceptance or use of good by she Purchaser shall not institute a waiver of any claim ands Ws warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warrearms or guarantees, but such liability shall in no event include loss of profits ar loss of use. 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 COMMERCIAL TERMS. The Purchmer may make any changes to the terms, usher than legm terns, including additions to or deletion Gom the quantities originally offered in the speci0catiom or drawings, by Outbid or written change order. If any such change a@co the amount due or the time ofperf rmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchmer may at arty time by written change order, temanme this agreement m o any or all portion of the goods then not shipped, subject 1m any equitable adjustment between she panics n to any work or naturals then in progress provided not the Purchaser shall not be liable for any claims for anticipated profit m, be uncompinW portion of the good wagon work, for mainland a mnequentul damages, and that an such adjustment he made in favor of the Seller with edged to any goods which are the Sellers standard stock. No such mrmin lion shall relieve the Forehead or the Seller ofany of their obligations as to any goad delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he rsidual within thin (30) days war the date the change or termination is oub et 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall Moe been produced, sold, delivered and famished in stud compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execum and deliver such documens as may be raluired to effect or evidence compliance. All laws and regulations required to be cam aged in agree ems of this cMnder are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser founder, Isom all costs and damages suffered by the Purchaser As a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither perry shall resign, Innfe, or convey this order, or any monies due or to become due han uada without the prior writer consent ofthe other party. 10. TITLE. The Seller warms full, clear and wrmo-iced ti0e to Ore Purchaser for all aguipmeat, materials, and items famished in performance of this agreement free and clear of any and all diem, restrictions, reservations, security trotted encumbrance and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser three. the Sella to correct nonconforming or detective goods by is dam o be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness a comply, the Purchased may cause the work to he performed by the most expeditious means available to it, and the Seller shall pay all costa associated with such work. The Seller shall release she Purchaser and its conmavo , of any der from all liability and claims of any nature rmuldiog from the performance ofsarh work. This mlease shall apply e'en in the mart of fault of negligence of the pony relessed end shall extend m the directors, onicers and employees ofsuch party. The Sellers commensal obligations, including warranty, shall rat he deemed m be redound, in any way, because such work is performed or caved to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required o use any design, device, material or process covered by later, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, materal or process in connection with the contract, and shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by reason of such infringement at any time during the pondrtion or after the completion of the work. In cave said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the right as comiom using said equipment or pats, replace the same with substantially equal but naninfnging equipment, or modify it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall became insolvent or baolempts 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 witham liability. 16. GOVERNING LAW. The definitions of terms used an the interpretation ofthe agreement and the righter of all panim hereunder shall be rnmtrucd under and governed by the lazes ofthe Same of Colorado, USA. The following Additional Conditions apply only in cone, whose the Seller is m perform work hereunder, including the sinicm afSellers Representative(s), on the premises aromas. 17. SELLERS RESPONSIBILITY. The Sella shall tarty on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to she satisfaction of the Purchased. When materials and equipmenl am famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as, though such materials turban equipment were being famished by the Seller under the mdea 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase ands, and/or to their dependents in accordance with the laws ofthe sum in which the work is f be done. The Sella shall also carry comprehensive general liability including, but not limited to, contactual and aatomobile public liability insurance with bodily injury and death limits of at least $30 id" for any one Person, E50 ,000 for any e accident and property damage limit per accident of 5400,000. The Sella shall likewise require his contactors, if any, to Provide fo such compensation and mar ance. Before any of the Sellers or his contactors employees shall do any work upon the premises of others, the Seller shall f ish the Purchmer with a certificate that such compensation and insurance have been provided. Such ttnificates shall specify the date who such a<gm ea6on end imumacc have been provided. Such certificates shall specify she date when such compenmtio r nd insurance expires. The Seller agrees that such con arousion and insurance shall be maintained and after the chore work is mmpden d and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the entire respomibiliy and liability for any and all damage, loss or injury of any kind or rt whamocra to persons or property caused by or resulting from the execration of the work provided for in this purchase under or in connection herewith. The Seller will Indemnity and hold harmless the Purchaser and any r all of the 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 property to which the Purchaser may be put or subject by reason of any act, action, negler, omission or default on the pat of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case arty suit or other proceedings stand be brought against the Punched, 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 contractors or any of its or their officers, agents or employees an, aforessid, be Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employers in such auto or after proceedings, =it is case judgment or other lien be placed upon or obtained against the property of the Panderer, or aid parties in in as a result of such was or other proceedings, the Seller will at matt dame the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety predictions, famish and inall all guard nmesary for the prevention of accidents, comply with all laws and regulation with raged to artery including, but without llmlation, the Occupational Safety arM Health Ad of 1970 and all roles and regulations issued pursuant thertm. Revised O1rz014