HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9150398Fort Collins
Date: 01115/2015
Vendor: 496440
XEROX CORPORATION
c/o LEWAN & ASSOCIATES INC
100 S CLINTON AVE XRX240A
ROCHESTER NY 14644
PURCHASE ORDER
PO Number Page
9150398 1 of 3
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
Iri];��Ke]S�I�YKiY.Itb�;l
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
t Lease payment
1 LOT LS
for Xerox Work Centre WC7125PT Copier/Printer System,
Serial #: XED393116E
Location: City Of Fort Collins - Neighborhood Services @
281 N. College Ave., Fart Collins, CO 80524
Lease Term: Forty -Eight (48) months.
Base Monthly Lease Charge: $155.02
Includes: 2,000 B&W and -0- Color prints per month.
Per State of Colorado Xerox Price Agreement #: 98526YYY11 M/WSCA,
and Lewan & Associates quote dated 03/20/12.
Market Codes: WC7125PT, INGDFN, FAXILN
2 Print charges
for above Xerox Work Centre WC7125PT Copier/Printer System,
Serial #: XED393116E
Location: City Of Fort Collins - Neighborhood Services @
281 N. College Ave., Fort Collins, CO 80524
Base Monthly Lease Charge per PO Line 1 includes:
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
6,100.00
5,500.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO (Number Page
C117/ of PURCHASE
9150398 2 of 3
Flirt Collins
This number must appear
/_^,'`�—J`' ` 1 1 on all invoices, packing
�sllps and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
2.000 B&W and -0- Color prints per month.
All B&W Overage Prints @ $0.0063 each.
All Color Prints @ $0.0683 each.
Per State of Colorado Xerox Price Agreement #: 98526YYY11M/WSCA,
and Lewan & Associates quote dated 03/20112.
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 Terris and Conditions
Page 3 of 3
1. COMMERCIAL DETAILS.
Tax exemptions. By mane the City of Fiat Collins is exempt from state and twat taxes. Our Exemption Number is
I I. NON WAIVER.
98404502. Federal Excise Tax Exemption Cenlfote of Registry 84 6000587 is registered with the Carter, of
Failure of the Purchase to ian¢t upon strict performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Hoover, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in be event of a
broach, the wceptans, of or payment far good hcrtundes or approval of the design, shell col release the Seller of
Goods Rejected. GOODS REJECTED due to failure re meet stratifications, either when shipped or due to defects of
any of the wurocths or obligations of this muffirse order and shall not be domed a waiver of any right of be
damage in tsaosit maybe reurcee is you far mNit and are not 10 be replaced except upon receipt of wmtm
purchaser to insist upon strict Performance hereof or any of its rights or remedies as J any such goods, regardless
instructions form the City ofFon Collins-
of when shipped, received or accepted, as many prior or subsequent default hereunder, nor shall any purported
oral modi Oration or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms
Impaction. GOODS are subject J the City of Fon Collins inspection on art val.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order canresult in
12. ASSIGNMENTOF ANTITRUSTCLAIMS.
authorized Payment on the part of the City of Fort Collins. However, it is to be understood thatFINAL
Seller and the Purchaser recognize that in ado[ economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upun completion of ill applimble oi,mrol inspection procedures
violations are in fact home by the Purchases. Theretofore, for pod course and m considemdon for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight To.,. Shipments must be F.O.B., City of To" Collins, 700 Wood Sir Pon Collins, CO 80522, unless
acquired under federal or state antitrust laws for each overcharge relating to the particular ..it, or services
othewise specified on this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pmaran, to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing looms in various pans of the country, shipment is
I flhe Purchaser directs the Seller to correct nonconforming or defective goods by a date in be, agreed upon by the
expected from the nearest dearmution point J destruction, and excess freight will he deducted fmm invoice when
Purchaser and the Selle, and fie Seller thereafter indicates its inability or unwillingness as comply, the Purchaser
shipments art made from grater distance.
may cause the work to be performed by the mast expeditious means available J it, and me Seller shall Pay all
costs associated with such work.
Permits. Seller shall promise at sellers sole cost all necessary permits, certificates road licenses required by all
applicable laws, Jgulatiara, ofi iwnccs and rules of the stare, municipality, January, or political sudo ision where
the work is performed, or required by any other duty combined public authority laving jurisdiction over be work
of vendor. Seller further agrees J hold toe City of Fiat Collins M1.mmless from and mi irsr all liability and loss
wumd by them by reason of an asserted or established violation ofany such Iaws, regulations, ofdifances, rules
and requirements.
Authorization. All parties or this contract agree that the representatives are, in fact, bona fide and possess bill and
complete majority to bind said parries.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tome and condition stated
herein sec forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions propmed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to amve on your
promised delivery date xs noted. Time is of the essence. Delivery and performance must be ofedcd within the time
stated on the purchase order and the dermas is attached hereto. No acts of the Purchasers including, without
limitation, acceptance oTanial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchusa shall have, in addition J other legal and equitable remedies, the option of placing this order elsewhere
and loading the Sella liable for damages. However, the Serer shall not be liable for damage as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such cos of God, acts of civil or military authorities, govermnmid priorities, fires, stfikes, Rood, epidemics, wars or
hots provided that notice of the conditions musing such delay is given to the Purchaser within five (5) days of the
time who to Seller first received knowledge NeaoC In die event of any such delay, be date of delivery shall be
extended for the period equal or be time actually but by mason oftte delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applioblo
dmwings, specifications, samples and/or other desedptime, given, will be fit for the purposes intended, and
perro med with the highest degree of care and competence in accordance with accepted standards for work of a
milar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account offer Sellers breach of warranty. no Seller shall replace, repairer make
good, without cost J the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as maybe proscribed by law or by the terms of any applicable womanly provided by the Seller after the data of
acceptance of the goad famished hereunder (emplane not is be unreasonably delayed), resulting from imperfect
or defective work done or materials furbished by the Seller. Acceptance or use of good by the Purchaser shall not
institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase older, be Sellers
liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing waranties
or paramtts, but such liability shall in no event include loss of profits or 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 reams by wnnan change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes o the toms, other than legal terms, including additions m or delmom from
the quantities originally ordered in the specifications or drawings, by verbal a women change order. If any such
change alfeds be amount due or the time ofpermmtance 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 many equitable adjustment between the panics as J any work or nationals Ihen in
progress provided that the Purcbaser shall not ba liable for any claims for anticipated profits on the uncompleted
portion of the good auditor work, for incidental or consequential damagea, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stock. No such ex mimuce shall relieve
the Purchaser .,,he Seller ofany oftheb obligations as to any gaud delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assened within thirty (30) days form the date the change or lamination is
ordered.
8. COMPLIANCE WITH LAW,
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and finished in strict
compliance with all spplicuble laws and regulation, to which the goad art subject. The Seller shall execute and
deliver such documents as may be mluirm to effect or evideno compliance. All laws and regulations required to be
incorporated in spossuerns of this charamer are hereby mompammd herein by Nis ref era. The Seller agrees to
indemnify and hold the Purchaser harmless fmm all costs mad damage suffered by be Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party, shall assign, transfer, or convey this «der, or any monies due or o become due hereunder Without he
prior wrinen consent of the other party.
10. TITLE.
The Seller waainls full, clear and unrestricted title J the Purchaser for al I equipment materials, and it. famished
n performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims crochets.
The Sella shall release the Purchaser and its contractors of my for from all linbility and claims of my nom e
resulting from the Performance orsuch wank.
This ¢lease shall apply even in the event of fault of negligence of the pan, released and shall extend J the
directors, arbors; and employees ofswh may.
The Sellers contractual obligations, including warrenty, shall not be dermed to be reduced, in any way, because
such work is performed or caused to be perforated by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by later, patent, trademark
or cnp,opt, the Seller shall indemnify and save harmless the Penclimar from any and all claims for infringement
by roman of the use of such patented design, device, material or process in connection with the contract, and
,hull 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 prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of be good, is in such suit held J combine infngement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and al its option, either procure for the
Purchaser the right to on roue using said equipment or pans, replace the same with substantially equal but
nonlnfnngingequipment, or modify it an it becomes wninfrmIjb .
15, INSOLVENCY.
If the Seller shall become insolvent w bankrupt, make an assignment for the bmcftt of creditors, appoint a
or trtmce for any of the Sellers property or business, this order may fanowilh be ormled by the
Purvhascr without liability.
16. GOVERNING LAW.
The definiliom off. used or the interpretation office agreement end the rights ofail parties hereunder, shall be
crostrued major and governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in c. where the Seller is to gagman work hereunder,
including the services of Sellers Rememanowcfs), on the premises ofmhers.
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 case of any accident, destruction or injury to the work andor materials before Sellers final completion and
acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or medium by the Seller, the Seller shall receive, unload,
store and handle same at the site and became responsible therefor as though such materials mdror equipment
were being fumubW by be Seller tender be order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compeammon, including occupational
Lismse benefits, to its employees employed can or in connection with the work covered by this purchase order,
anNor Ina their depeacents in accordance with the laws of be, state in which the work is in be done. The Seller
shall also may comprehemive generil liability including, but not limited to, contractual and automobile public
liability imttmncc with bodily injury and death limits of in least 5300,000 for any one permrt 5500,O00 for any
one .,idea, and property damage limit per accident of S400,000. The Seller shall likewise require his
comeacmrs, irony. to provide for such compensation and issuance Before nay of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchma with a cerofiote
that such compensation no insurance have been provided. Such certificates shall specify be date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurmnx expire. The Seller agrees fiat such compensation and insurance shall be, maintained until naer the
entire work is completed and accepted.
19. PROT ECl'ION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury crony kind
or noture whatsoever to persons or property caused by or resulting from the execution ofrhe work provided for in
this purchase order or in connection berewilh. The Seller will indemnify and hold harmless the Purchaser and any
cr all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
harges or expenses, whether direct or indirect, and whether to famous or property to which the Purchaser may
be par it, subject by reason of any act, action, neglect omission or default on de Part of the Seller, any of his
contractors, or any of the Sellers or conditions officers, agents or employees. In case any suit or other
psoceedings shall be brought against the Purchaser, or its officers, agents ar employees at any time an account or
by reason of any act cation, neglect, omission or default of the Seller of any of his contractors or any of its in
their affairs, egens or employees as aforesaid, the Seller hereby agrees ka assume the defame thereof and to
defend fs saute at be Sell. own expense, to pay any and all cods, charges, anomey, fox and be, expeases,
any and all judgments that may be incurtxi by or obtained a,ninat be Purchaser or any of its or thou officers,
agents or employees in such suits or other proceeditgs, and in case judgment or order lam be placed upon or
obtained against the property offe Purchaser, or said parties in or as a result ofsuch suits or other proceedings,
the Seller will to once cause the same m be dissolved and diuharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautieos, f ish and install all guards necessary for be prevention of
accident, comply with all laws and regulations with regard to safety including, but without limitation, the
Ocmputional Safety and Heald Act of I970 and all roles and regulations issued puraont thereto.
Revised 01/2014