HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9150400Fort Collins
Date: 01/15/2015
Vendor: 496440
XEROX CORPORATION
c/o LEWAN & ASSOCIATES INC
100 S CLINTON AVE XRX2-40A
ROCHESTER NY14644
PURCHASE ORDER
PO Number Page
9150400 1of2
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: 01/15/2015 Buyer: ED BONNETTE
Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF
GOODS AND/OR SERVICES, AS NEEDED DURING THE
CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED
ARE ESTIMATES AND NOT A PROMISE TO PURCHASE
ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES.
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Lease/print charges
1 LOT LS
2,000.00
for Xerox Work Centre WC5330PT Copier/Printer System, Serial #: AEP920355
Location: City Of Fort Collins - Building Services & Zoning Departments (Building Inspection)
@ 281 N. College Ave., Fort Collins, CO 80524
Lease Term: Sixty (60) months.
Base Monthly Lease Charge: $155.31
Includes: 5,000 B&W prints per month.
All B&W overage prints @ $0.0081 each
Pricing fixed for term of lease.
Per State of Colorado Xerox Price Agreement #: 98526YW11M/WSCA,
Lewan & Associates quote dated 12108/11.
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 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute We City of Fan Collins is exempt torn same and local taxes. Our Excmptire Number is
11. NONWAIVER.
9g-01502. Federal Excise Tax Exemption Comfort, of Registry 84-6000587 is re istered with fe Collector of
Failure of the Purchaser to imisl upon strict pert antt of the terms and condition hereof, failure at delay in
Internal Revcoue, Denver, Colorado (Ref Colorado Revised Statutes 1923, Chapter 39-26, 114 (a),
exercise any rights at remedies provided herein or by law, failure m promptly notify the Seller in the event of a
broad, the acceptance ofor payment for goods hereunder ar approval arm, design, shall rot release the Seller of
Goods Rejected. GOODS REJECTED doe W failure W .,in speciftwlioru, either when shipped or due to defects of
any of the was irs or obligations of this purchase order and shall rot be deemed a waiver of any right of the
damage in trmtsit, Trey be Mended W you for credit and are not to be replaced except upon acipt of wrinen
powlima r W insist upon strict performance heaafor any of its rights croveral as W my such goods, regardless
instructions tram the City officer Callire.
of when shipped, received or accepted, ss to any prior or subsequent default hereunder, ram shall any puryoned
and modification or rescission of this purchase order by the Parasitism operate ses a waiver army of the trends
Insperian. GOODS are subject m the City of Fon Collins inspection on mensal.
hertof.
Final Acceptance. Receipt of the merchandise, Services or equipment in response to this order can .1, in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
=boozed payment on the pan of the City of Fan Collins. However, it is W be understand that FINAL
Seller ad the Purchaser rmogniw that in actual ec is practice, overcEarges resulting from motors,
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact home by the Purchaser. Flanagan, four good cause and as annotation for executing this
purchase order, fie Sella hereby assigns to the Purchaser any and all claims it may now have or hercanec
Freight Tends. Shipments must b, F.O.B., City of Fan Collins, 700 Wood St., Fan Collins, CO 80522, unless
acquired under frderal or state antitrust laws for such overcharges reining to be particular goods or services
otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. More manufacturers have distributing points in various pans of the country, shipment is
Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected from the nearest distribution point to destination, and excess Freight will he deducted from Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its Inability or unwillingness to comply, the Purchaser
ship r nts are made from greater distance.
may ca o, the work to be performed by the mast expeditious an. available to it, and the Seller shall pay all
costs asaomand with such work.
Permits. Seller shall procure at sellers sole cart all necessary permits, compares end Iittwes required by all
applicable laws, regulation, ordinances and rules of the sure, municipality, territory or political subdivision where
fire work is performed, or required by any other duty constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold rise City of Fan Collins haemlesc from and against all liability and loss
mended by them by Poison of an asserted or aublusl d violation of any such laws, regulmians, ordinances, rules
add requirements.
Amhmi shoe. All parties n this romrmt agree West be rePresenasives are, in tram, Now fide and possess Bill and
complete amhoriry to bind mid panic.
LIMITATION OF TERMS. This punham Order expressly limits receprmce W We Tema and conditions sated
herein M forth and any supplementary m additional to. and conditions mmesd hereto or incorporated herein by
reference. Any additional or different terms and codiumts proposed by sellor are objected to and hereby rejected-
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannon make complete shipment to arrive oa your,
promised delivery date as noted. Time is of the coacher. Delivery and performance most be effected within the time
sued on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision, In the went of any delay,
the Purchaser shall have, in addition to other legal and tyuitable readies, the ardor of placing this order elsewhere
and hold,., he Seller liable for damages. However, be Seller shall not be liable for d merges as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such isms of God, at. ofcivil or military authorities, 'vemmen d priorities, fires, strikes, Rood, epidemics, wars m
riots provided that notice of the conditions causing such delay is given W the Purchaser within five (5) days of the
time when the Sella first received knowledge thereof. In be even, of my such delay, the date of delivery shall be
attended for be period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, temples andfor other descriptions given, will be fit fro the puryasa intended, and
pert ed with the highest degree of rare and comp Bence in accordance with accepted standards for work of a
senior or rerun. The Sella egrtw to hold the pahuer harmless from my loss, damage in expense which We
PaM1uer duty suffer or incur on account of tln Sellers breach of warranty. The Sella shall repine, repair or make
good, without toss W the pahauq my defers or faults arising within one (1) year or within such longer pedd of
time a may be prescibd by law or by be seeds of my applicable wmats, provided by the Sella after the date of
acceptance of We goad famished hereunder (acceptance not to Is, wa smnably delayed), resulting from imperfect
or defective work done or materials frnishad by the Seller. Acceptance or as, of good by 0n Purchaser shall not
constitute a waiver army claim coda this warranty. Except as otherwise provided in this prerrhuse order, the Sellers
limiliry hercumler shall extend to all damages proximately mused by the breach of any of the foregoing wananria
or guarantees, but such liability shall in no went include loss of prufts or Ins of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchases may make changes to legal terms by wriven change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the arms, other than legal terms, including additions to or deletions (ram
the quumition originally ordered in the specifications or drawings, by verbal or written change crater. 11any such
change alters the amount due or the time ofperfrmance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
T he Purchaser may at any time by written change order, terminate this agreement us to any or all portiere of the
goods then not shipped, subject to any wadable adjustment between the panics as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
Portion of fire gooda author work, for incidental or co r almatial damages, and that ed such adjustment be made in
favor of the Seller with.,or to my goods which are the Sellers to ndard stock. No such mentioned ahall Mime
be Purchaser or the Sella army oftheir obligations as an my goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustmenl must be assured within thin, (30) days from the date the change in induction is
ordered.
8. COMPLIANCE WITH LAW.
The Seller waerdnts that all good sold hereuvda shall have been produced, sold, delivered and famished th strict
compliance with all applicable laws sml aguletwo to which the goods are subject. The Seller shall execute and
deliver such documents an may be required n eflda or evidence romplmrcc. All laws and regulations required to be
enepomted in agreements of this character are hereby incmpomd herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffead by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither any shall assign, m nsf r, ar crony this order, or any monies due or to become due hereunder without the
prior winen consent critic other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to fie Pardoner for all equipment, materials, and items famished
in Performance of this agreement, free and clear of my and all firm, restrictions, reservations, security interest
cromememem and claims of others.
The Seller shall reliance fie Purchaser and its contractors of any ties from all liability and claims of any return
resuting in. the performance of such work.
This reliance shall apply even in the event of fault of negligence of the party rebound and shall extend to fie
direrlors, officers and employees of such party.
The Sellers examoctual obligations, including summary, shall not be deed m be rduced, in my way, because
such work is pouf ed or cowed to be performed by the Purchaser.
14. PATENTS.
Whenever We Sella is required to use my daign, device, mmaial or process covered by Iona, patent, nadenark
r copyright, We Seller shall indemnify and save hamtlas the Purchaser from my and all claims for infringement
by reason of the use of such patented design, device, material or process in correction wild We contract, ad
shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such
infringement at my time during the prosaution or after We completion of the work. In case said equipment, or
my pm thereof or be imeald use of fie goods, is in such suit held to consfimte infringement and the we of
said rluipmrnt or part is enjoined, the Sella shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or parts, replace be same with substantially equal but
noninfringing equipment, or modify it so it becomes incriminating.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for my of the Sellers progeny or business, this order nosy forthwith be canceled by the
Purehisa without liability.
16, GOVERNING LAW.
The definitions of terms used or the imagination of the egmemcm and the rights of all parties hereunder shall M
awarded under and governed by the laws ofthe Sue ofColomdo, USA.
The fallowing Additional Conditions apply only in cases where fie Sella is to Perform work herruder,
including the service ofScll. Rtpreaenative(s), oa the premises numbers.
1T. SELLERS RESPONSIBILITY.
The Seller shall carry m said work err Sellers own risk w61 be same is fully mmplered and ncryled, and shall.
in rase of my accident, destruction ar injury to the wark ardfor materials before Sellers fret coMerion and
acceptance, complete We work at Sellers own expense and to the aadsfadon of tEe Purchaser. When matmals
and tyuipmmt are fiunished by others for installation m erection by the Seller, dte Seller shall receive, unload,
store and handle same at the site sal become responsible therefor as though such ma arils rods., equipment
were being famished by We Sella under the anda.
18. INSURANCE
The Sella shall, ar his awn expense, provide for the payment of workers compensation, including sa mp sional
disease benefits, to its employees employed on or in connection with fie work covered by this purchase order,
and/or to their dependents in accordance with the laws of the state as which the work is to be done. The Seller
shall also carry comprehensive general liability including but not limited to, contractual and automobile public
liability inswance with bodily injury and death limit, of at least E100,000 for any one perwm. 85ng000 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insumnce. Before any of the Sellers or his contractors
employees shall do any work upon the premiss of others, the Seller shall fomish fie Purchaser with a calibrate
West such compensation and insurance have been provided. Such certificates shall specify the date when such
ompenshorm and insurance have Fen provided. Such cenibcata shall specify the date when such compensation
and insurance expires. The Seller nicer that such compensation and insurance shall be, maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby exauma the entire rapomibiliry and liability for any and all damages Ins or injury of any kind
r were whassocva W persons or property wusd by or resulting from We execution afire work Provided for in
this porchwe order or in mmectio r herewith. The Seller will iMemnify and hold harmless the Purchaea coal my
or all of the Purchasers officers, agents and employees farm and .gams, my and all claims, lasses, damages,
charge or expenses, whether direct or baited, mad whether to perswcs m property, to which the Purchaser may
Far Put or subject by contest of my rat, action, neglect, omission or default on the part of fie Seller, my of his
imitation, or my of fe Sellers or conmandrs officers, agents or employees, In case my suit or other
pmcedinp shall be brought against fie Purchase, or its officers, agents or employes at my time on account or
by rearms of my art, action, neglect, omission or default of the Sella of my of his contractors or any of its or
their officers, agents or employees as aforesaid, the Sella hereby agrees m assume the defeRSe thereof mat W
defend the tame at the Sellers own expense, to pay any and all rose, changes, suffer s fees and other expenses,
my and all Target. that may be incurred by or obtained Wins, fie Purchases or any of its or their oMet.,
agems in employees in such suits or other procedis , and in case judgment or other lien ba placed upon or
obtained against fie property of the Purchaser, or said parties in or as a dealt of such suits or other proceedings,
fie Seller will at once cause the same to be dissolved and discharged by giving bond or oferwiu. The Seller and
his contractors shall take all safety precautions, famish and install all guards naasary for the prevention of
accidents, comply with all laws and regulators with expand to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto.
Revised 07n014