HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9150257of
Fort Collins
Date: 01/13/2015
Vendor: 496440
XEROX CORPORATION
c/o LEWAN & ASSOCIATES INC
100 S CLINTON AVE XRX2-40A
ROCHESTER NY 14644
PURCHASE ORDER
PO Number Page
9150257 1of3
This number must appear
on all invoices, packing
sli s and labels.
Ship To: FACILITIES DIVISION
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 01/13/2015 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Xerox W7835PT Copier Lease
2015-Facilities Admin
Lease year 3 of 5
1 LOT LS
to cover the cost of payments for
Xerox WorkCentre W7835PT Copier/Printer System,
Serial #:
Location: City of Fort Collins Operation Services @
300 LaPorte Ave., Building 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.
Line 1 dollar amount for department portion for total cost for twelve (12) payments.
For period: January 1, 2014 through December 31, 2014
1,096.02
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@fogov.com
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
9150257 2of3
This number must appear
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 it 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 1 LOT LS 1,096.02
2015-Fleet Admtn
3 Estimated print charges 1 LOT LS 1,000.00
Facilities Admin portion
for above Xerox WorkCentre W7835PT Copier/Printer System,
Serial #:
Location: City of Fort Collins Operation Services @
300 LaPorte Ave., Building B, 2nd floor, Fort Collins, CO 80521
Base montly lease charge per PO Lines 1 & 2 includes:
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 cuote dated 05/22/13.
a Estimated print charges 1 LOT LS 1,000.00
Fleet Admin portion
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
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
11, NONWAIVER.
98 04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure ofthe Purchaser to insist upon strict performance ofthe terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref, Colorado Revised Shores 1973, Chapter 39-26, 114 (a),
camene any rights of comedies provided limit. m by [aw, failure to pro nw],.,ify be Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet spacifiew., either when. shipped or due to defects of
any of the wamnties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be retumed to you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless
instructions from the City of Fort Collins.
of when shipped, received or accepted, as to y prior or subsequent default heeander, nor shall any purported
mat modification or rescission of this purchase order by due Purchaser operate as a waiver of any of the terms
Inspection. GOODS m, subject to the City of Fort Collins inspection on amvol.
hereof.
Final Aeeepma.. Receipt of the merchandise, services or yu,nicat in response to this order con result is
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. However, it is to be Continued that FINAL
Seller and the Purchaser recognize that in actual eo.ic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations ure in fact home bythe Purchase, Theremfore for good 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 Terms. Shipments most be F.O.B., City of For Collins, 900 Wood St., Fort Collins, CO 80522, unless
acquired under fnkand or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If permission is given to prepay Geight and Charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase cede,
bill must accompany invoice. Additional charges far packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is
Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be a greed upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made from greater distance.
may cause the work to he performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure at sellers sale cost all necessary, permits, certificates and he.. required by all
applicable laws, regulations, ordinances and rules ofthe state, municipalay, territory or political subdivision where
the work is performed, or mquimd by any .,her do], ,,mounted public authority havingymode[ion over the work
of vendor. Seller ter vgreee to hold the City of Fort Collins hamdess from and against all liability, and loss
mmured by them by reeve. of an asserted or established violation of nay such laws, rag twos s, wdinmces, rules
and requirements.
Authorization. All parries to this contract agree that the representatives are, in fact, bona fide and possess PoII and
omplete authoru to bind said parties
LIMITATION OF TERMS. This Purchase Order expressly limits acceptunce to the terms and Conditions stared
herein set forth and any supplementary or additional corms and conditions annexed hereto or incespoated herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make Complete shipment to since on your
promised delivery data re noted Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached harem. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate re a waiver of this provision. In the went of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option Uplifting this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not he 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 sets of Gad, acts ofeivil or military authorities, govemm wmJ priorities, fires, strikes, Rood, epidemics, wars or
riots provided that notice of the conditions Ons , such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge theranE In the went of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of me delay
3. WARRANTY.
The Seller warrants that all goods, unclear materials and work Covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will IN fir for the puTowas intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar Moore. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be pow ribea by law or by me terms of any applicable warranty provided by me Seller after the date of
acceptance of the goods f fished hereunder (acceptance act to be unreasonably delayed), resulting Man®r imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
institute a waiver of any claim under this 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 warranties
or gueminces, but such liability shall N no event include loss of profits or lass 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 fern, by writes change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from
the quantifies originally ordered in flit specifications or drawings, by verbal or written change aide. If any such
change affects the amount due or the time of performance hereunder, an equitable adjustment 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 o any equitable adjustment between the parties as to any work or materials than in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, far incidental or consequential damages and Nm no such adjustment be made in
favor ofthe Seller with respect to any goods which are the Sellers standard sock No each mrmination shall relieve
the Purchaser or the Seller efany oftheir obligations as to any goods delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any Claim for adjustment most be seemed within thirty (30) days from the date 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 famished in strict
compliance with all applicable laws and regulators, to which the goods are subject The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulatiore 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 fium all costs and damages suffered by the Purchaser re a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereurder without the
prior written consent of Me other parry.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fumishM
in performance of this agreement Bee and clear of any and all liens, reso-ictions, reservations, security interest
encumbrances and claims afothers.
The Seller shall release the Purchaser and its contactors of any tier from all liability and claims of any nature
resulting Austria, performance of such work.
This release shall apply even in the event of mull of negligence of the party mlmod and shall extend to the
direcmrs, officers and employees ofemh pad,
The Seller's Contractual obligations, including warranty, shall not be deemed to be fathered, in any way, because
such work is performed or caused to be performed by the Pureh vic.
14. PATIENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
r 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, material or process in Connection with the Contract, and
shall indemnify the Purchaser for any new, 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 the work. In ease 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 ,an is enjoined, the Seller shall, at its own expense and in its option, either procure for the
Purchaser the right ancontinue using said equipment or parts, replace the same with substantially equal but
noninfnnging equipment, or modify it so it becomes nordnfnnging.
15. INSOLVENCY.
If the Seller shall become insolvent or herdsman, 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 ofteri, used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
construed under and governed by the laws ofNe State ofColoradq USA.
The following Additional Conditions apply only in cases where due Seller is to perform work hereunder,
Including the services of Sellers Reprcwnm ive(s), on the premises ofothem.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in e of any accident, destracflon or injury to the work our materials before Sellers final completion and
acceptance, complete the work at Seller's own expense and m the satisfaction of else Purchaser. When materials
and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, uuload,
store and handle same at the site and become responsible therefor as though such materials maker equipment
were being monistical by Me Seller under Me order.
18, INSURANCE.
The Seller shall, at his awn expense, provide for the payment ofworkers compensation, including occupational
disease benefits, to 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 stare in which the work is to be done. The Seller
shall also carry comprehensive general liability including, bur rut limited to, contmetual and automobile public
liability insurance with bodily injury and death limits of at least S300,000 for any one person, S50,000 for any
one accident and property damage limit per accident of S400,00R The Seller shall likewise require his
contractors, if any, to provide for such compensation and im arrow, Before any of the Sellers or his contactors
employees shall do any work upon the premises of others, the Seller shall mmiah the Purchaser with a certificate
that such compensation and insurance have been provided. Such cordficmes shall specify the date 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
entirework is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability fen any and all damage, loss or injury ofany kind
or nature whatsoever to pscis,on, or property mused by or resulting Gom the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hutmless the Purchaser and any
cr all of Me PurchaseoRcers, agents and employees fmand against y and all claims, losses, damages,
rRisenan
harges 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 net, action, neglect omission or default on the pad 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 at any time on account ar
by mr eun of any act action, fell omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees se aforesaid, the Seller hereby agrees w assume the defense thereof and to
defend the same at the Sellers own expense, to Pay any and all costs, charges, aaomeys 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,
Clients or employees in such suits or other proceedings, and in ease 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 offer proceedings,
Me 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, famish and install all guards 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 Act of 1970 and all rules and regulator, issued pursuant thereto.
Revised 07C014