HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9150376PURCHASE ORDER PO Number Page
C117/ Of^ 9150376 1 or z
' `t r V ollins This number must appear
1 on all invoices, packing
sli s and labels.
Date: 0111512015
Vendor: 496440
Ship To:
CITY MANAGER
XEROX CORPORATION
CITY OF FORT COLLINS
c/o LEWAN & ASSOCIATES INC
300 LAPORTE AVE
100 S CLINTON AVE XRX240A
CITY HALL WEST - 1ST FLOOR
ROCHESTER NY 14644
FORT COLLINS CO 80521
Delivery Date: 01/15/2015
Buyer:
ED BONNETTE
Note:
Line Description
Quantity
UOM Unit Price
Extended
Ordered
Price
Xerox Lease & Print Charges
1 LOT
LS
3,683.00
WC7545P Copier/Printer
for Xerox Work Centre WC7545P Copier/Printer System.
Serial #: XKP551758
Location: City Of Fort Collins - Social Sustainability @ 321 Maple Street,
Fort Collins, CO 80521
Base Monthly Lease Charge per PO Line 1 includes:
10,000 B&W and 250 Color prints per month.
All B&W Prints over 10,000 @ $0.0087 each.
All Color Prints over 250 @ $0.0602 each.
Covers: Consumable Supplies, Service, Parts and Labor.
Per State of Colorado Xerox Price Agreement #: 98526YYY11M/WSCA,
and Lewan & Associates quote dated 09/19/12.
State of Colorado Central Services user fee of $.001 per print will be billed separately.
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
I. COMMERCIAL DETAILS.
Tax exemptions. By suture the Ciry of Fan Collins is exempt tram state and local taxes. Our Exemption Number is
11. NONWAIVER-
98-04502. Federal Excise Tax Exemption Cenifimte of Registry M-6000582 is registered with the Collector of
Failure of the Purchaser m insist upon strict performance of the tens and conditions hereof, failure or delay to
had mal Revenue, Deaver, Colorado (Ref Colorado Revised Strata 1973, Chapter 39-26. 114 (a).
exercise any rights or readies pmsided herein or by law, failure to promptly notify be Seller or the event of
broach, the weemanee of., payment for good hereunder or approval ofthe design, shall rat measse the Seller of
Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the warranties or Obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in union, may In, reamd to you fir credit amd eR not to b< replaced except upon receipt of written
purchaser m imsdst upon strict performance hereof., my.fus rights or exa edies as to any such goods, regandl.
instructions from be City of Fn Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purponcd
oral modification or rescission of this purchase order by the Purchase operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services r equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of FanCrliim. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from andemst
nfor rgood
ACCEPTANCE is dependent up on completion.frill nppI irmle required inspection procedures,
violations are in fact home by the Pumhasen Theretofore, 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 Teats. Shipments most be EO.D., City of Fan Collins. 700 Wood St, Fort Collins, CO 80522, unless
acquired under federal or state amiwst laws for such overcharges relating to the particular goods or services
oferwise specified on this order. If permission is given to prepay freight end charge separately, be anginal freight
purchased or acquired by the Foochow pursuant o this purchase order.
bil I must accompany invoice. Additional changes for packing will not be occupied.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where rrunufamurers have distributing points in varrioni pans of the country, shipment is
I fine Purchaser directs be Seller to correct nonconfoning in defective good by is date to be agreed upon by the
expected from be context distribution point to destination, and excess begin will be deducted from Invoice wban
Purchaser and be Sella, and be Seller thereafter indicates its inability or unwillingness to comply, be Purchaser
shipments are made tram greener distance.
may cause be work to be performed by the most expeditious news, available to i, and be Seller shall pay all
coca ass«cited with such work.
Permits. Seller shall procure at sellers sole cost ell necessary permits, carmita and licenses required by all
applicable laws, regulation, wi finances and ales ofthe spite, municipality, terriary o, political suWivoion where
be work is Performed, or rryidml by any whet duly constituted public authority havingjunsdiction mar the work
of vendor. Seller further agrees to hold be City of Fan Collins harmlas tram and against all liability and loss
incurred by them by reason of ea asserted or atabliahed violation of any such laws, regulations, ondlmances, ales
and rcquircments.
Authorization. All parries to this contract agree that the representatives ore, in fact, bona fide and possess full and
complete authority to bind said panic.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated 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 arrive on your
premixed delivery date a noted. Time is of the essence. Delivery, it perfonarue must be, eHnual within be time
stated on fc purchase order and be documents attached herem. No acts of fie Purchasers including, without
limitation, acceptance wpwial late delivenes, shall operate as a waiver of this provision. In be event afraid, delay.
be Purchaser shall have, in adthtion to other legal and equitable remedies, be option of placing this under elsewhere
and holding be Sella liable for damages. However, fie Seller shall not be liable for damages as a result of delays
due to causes not immunity foreseeable which are beyond its reasonable central and without its fault of negligence
such acts ofGW, acts ofeivil or military authorities, governments] prionties,fires, striates, Bad, epidemics, wars or
notes provided but notice of be conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller find received knowledge thereof In the event of any such delay, the date of delivery shall be
extended for be period equal be be time warally lost by reason ofthe delay.
3.WARRANTY.
The Sella warrants that all good, articles, materials and work covered by this order will canton with applicable
drawings, specifications, samples wiper other descriptions given, will be fit for be purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any no, damage or expense which the
Purchaser may suffer or incur on account of to Sellers breach of warranty. The Seller shall replace, repair or make
god, without cast o be purchaser, any defects or faults wising within one (I) year or within such longer period of
time ns may be prac,ibed by law or by to terms ofwy applicable warranty provided by be Seller after be date of
acceptance of the goods fumishd hereunder (acceptance ram to Be unreasonably delayed), tesuhm, farm imperfect
or defective work done or materials fwdshe l by be Seller. Acceptance or but of goods by be Purchaser shall not
constitute a waiver of my claim wrier this wanmy. Except on mherwize psxvided In this purchase make, be Sellers
liability hereuder shall anad to all damages proximacly mused by the breach of any of be foregoing xwrown.
or gnamnt«s, but such liability shall in an event include loss ofparfits 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 terms by canton change order
5. CHANGES IN COMMERCIAL TERMS.
The P.,chasa may make any changes m the tens, other than legal tams, including additions to or deletions from
the qua tin. originally ordered in the specifications or drawings, by verbal or written change order, if any such
change uffbas the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Pmchaxer may at any time by written change .ndrn termlnme this agreement as to any or all portions of the
goods then not shipped, subject many equitable w1jus ment between the panics as to my work or materials then in
progress provided that the Pwchaver shall not be liable for any claims for anticipated profits on the uncompleted
portion ofthe goods robot wad, for madmtal or consequential damages, and that no such adjustment be mite in
to,., of fie Seller wit respect to any goods which me the Sellers standard stock. No such automation shall relieve
the Purchwcr or be Seller ofwy offeir obligations as to any good delivered Encomia.
9. CLAIMS FOR ADJUSTMENT.
Any claim for adjtmmml most be asserted within fin, (30) dap from the date fie change on warriwfion is
ordered.
8. COMPLIANCE WIT IT LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and f ishd in stria
compliance wit all applicable laws and regulations to which be goods we mbjea. The Seller shall execute and
deliver such documents as maybe required to effect or evidence compliance. All laws and regulations acquired to be
incorporated in agreements of this character we hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result Of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any mania due or to become due hereunder without he
,be wrinm corsmt ofte otherpaty.
10. TITLE.
The Seller wants full, clear and tmrestrienal title to the Purchaza for all aryipmrn, materials, and it. fished
in performance of this agreement fiee and clear of any and all liens, restrictions, reservations, memory interest
encumbrances aod claims of ofers.
The Seller shall redeem be Purchaser and its contractors of any her from all liability and claims of any woure
making fixon be performance ofsuch work.
This release shall apply even in the event of fault of negligence of to party released and shall extend to the
directors, officers and employees ofsuch parry.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
suet work is performed or caused a be pal wed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, wdemark
or copyright, be Seller shall indemnify and save hanless the Purchaser from any suit all claims for infringement
by reason of fe use of such patented design, device, material or process in connection with the contract, and
shall indemnify be Purchaser for any cos, expense or damage which it may be obliged to pay by reason of such
infringement at any time during be prosecution or after be completion of be work. In rase said equipment, or
any pan thereof or the intended rase of the got is in such suit held to consulate infringement and to roue of
said equipaent or part is enjoined, be Seller sholl, at its own expense and at its option, either procure for the
Purchaser the right to continue using said wryipment Or pans, replace the same with substantially equal but
wninfringing equipment, or modify it so it bec.nus co hinging
15. INSOLVENCY.
If the Sella shall become insolvent or bankrupt. make an assigmrem fro the benefit of credimrs, appoint a
receiver
or trustee for any of be Sellers property or business, this oNer may forthwith be canceled by the
Poindexter without liability.
16. GOVERNING LAW.
The definitions ofecons used or the interpretation of the agreement and the rights of all panics hereunder shall be
combined under and governed by the laws ofthe Stale wColomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work heranda,
including the services of Sellers Represenmtive(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall any ow said work at Sellers own risk until the sane is filly completed and accepted, and shall,
in ewe of any incident destruction or injury to be work swVw marmots before Sellers foal completion and
wcepunee, complete be work a Sellers awn expense and as the satisfaction of be Purchaser. When mammals
and equipment are famished by others for installation or wartan by be Seller, the Sella shall receive, unload,
store and handle come am she site and become responsible therefor a tough such materials arbor equipment
were being fishd by the Sella under be under.
18. INSURANCE.
The Seller shall, at his own expense, Provide for the payment of workers compensation, including ocwptio al
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their depedents in accordance with the laws of be state in which be work is to be done. The Seller
shall also carry comprehensive gmmml liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least 5300000 for any one person, $500,000 for may
one accident and property damage limit per accident of S400,000. qfe Seller shall likewise require his
contractor, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the prcmiso of others, the Seller shall fish the Purchaser with a cenifimte
that such compensation and insurance have been provided Such cenificates shall specify the data when such
compensation and instance have been provided. Such cmificares shall specify the date when such compensation
and insomance expires. The Sella agrees that such compensation and insurance shall be maintained until after the
engirt work is completed and prig deL
19. PROTECTION AGA NST ACCIDENTS AND DAMAGES.
The Seller hereby assumes to entire responsibility and liability for any and all damage, lnss or injury of any kind
or future whatsoever to persons of properly mused by or resulting tram be exmtion orde, work Provided for in
this purchase order or in connection hemwith. The Seller will indemnify ad hold hanless be Purchaser and any
r rill of fe Purchasers officers, agents and employe, from and against any ad all claims, loses, damages,
charges or expenses, whether direct or indirect, and whether m prisons or property to which be Purchaser Trey
be put in subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his
communion, or any of the Sellers or computers officers, agents or employees. In case any suit or other
proceedings shall be brought owner the Purchaser, or its officers, agents or employees at any time on account or
by mason of any art, action, neglect, omission or default of be Seller of any of his contractors or any of its or
their officers, agents or employees as aforemid, the Seiler hereby agrees to assume be defense thereof and to
defend the same at the Sellers own expense, to pay any and all casts, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Primmer 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 be property of to Purchase, or said parties 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 Sella and
his contractors shall take all safety precautions, famish and install all guard necessary for be prevention of
accidents, comply with all laws cad regulations with regard a safety including, but without limitation, be
Containing Safety and Fields Act of 1970 and all rates and regulations issued pursuant memo.
Revised O7n014