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HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9150403Fort Collins Date: 01/15/2015 Vendor: 496440 XEROX CORPORATION c/o LEWAN & ASSOCIATES INC 100 S CLINTON AVE XRX2-40A ROCHESTER NY 14644 PURCHASE ORDER PO Number Page 9150403 101`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 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 I Lease payments 1 LOT LS for Xerox Work Centre W7775P Copier/Printer System. Serial #: TBD Quantity: One (1) Location: City Of Fort Collins - Planning Services Department @ 281 N. College Ave., Fort Collins, CO 80524 Lease Term: Sixty (60) months. Total Base Monthly Lease Charge: $282.68 Includes: 35,000 B&W and -0- Color prints per month. All B&W Prints over 20,000 @ $0.0067 each. All Color Prints @ $0.0602 each. Covers: Consumable Supplies, Service, Parts and Labor. Pricing fixed for lease term. Per State of Colorado Xerox Price Agreement #: 98526YYY11M/WSCA, Xerox Lease Agreement dated 5/13/14, and Lewan & Associates Proposal dated 5/01/14. Includes trade-in of one (1) Sharp MX620ON Copier, Serial # 6500116X. State of Colorado Central Services user fee of $.001 per print wil 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 3,400.00 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 9150403 2013 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price z Print charges 1 LOT LS for above Xerox Work Centre WC7775P Copier/Printer System, Serial #: TBD Location: City Of Fort Collins - Community Development & Neighborhood Services (CDNS) @ 281 N. College Ave., Fort Collins, CO 80524 Base Monthly Lease Charge per PO Line 1 includes: 35.000 B&W and -0- Color prints per month. All B&W Prints over 35,000 @ $0.0067 each. All Color Prints @ $0.0602 each. Covers: Consumable Supplies, Service, Parts and Labor. Pricing fixed for lease term. Per State of Colorado Xerox Price Agreement #: 98526YYY11M/WSCA, and Xerox Lease Agreement dated 5/13/14. 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 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fart Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collator of Imemal Revenue, Denver, Colorado (R,f. Colorado Revised Sta ti es 1973, Chapte09-26, 114 (a). Goads Rebated. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in tmnil, may be resumed ar You for audit and are not to he replaced except upon receipt of written instruction fmm the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in authorpayment On payon the pan of the City of Fort Collins. However, it is m be understood thalFINAL ACCEPTANCE is dependent upon completion of all applicable "uucd uapatlon procedures. Freight Terms. Shipments must be FOR.. City of For Collins, 700 Woad St., Too Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most two...any invoice Additional charges for packing will not be accomod, Shipment Distance. WIvere manufacturers have distributing paints in various puns of the country, shipment is expecnd fmm the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when shipments urn male from greater distance. Permits. Sella shall procure at sellers sole cost all na., permits, corftcate and licenea requited by all applicable laws, regulations, majimnees end tales of the state, municipality, tertmy or political subdivision where the work is perfnrmd, or nocturnal by any other duly constituted public authority having jurisdiction over the work of vendor. Seller Santa, agrees t0 hold the Ciry of Fort Collins brai farm and against all liability and loss incurred ssen by them by reason of an occurred or established violation Of any such laws, regulation, ordinances, tales and rryutrements. Authonsedion. All Parties to this contract agree that the representatives are, in fact, how tide and possess full and complete authority to bind said pares. LIMITATION OF TERMS. This Purchase Order expressly limits acamm. to the rcrm and conditions stated herein set forth and any supplementary or additional tens and conditions annexed here,. or incorporated herein by reference. Any add ommal or dlRenent terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your pmmised delivery dosto as noted. Time is of the esence. Delivery and perfomantt most ha effected within the time stated on the purchase or and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of patina 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 remedies, the option c f placing this order elsewhere and holding the Sela liable for damages. However, the Seller shall not be liable for damages m a result of delays due to causes not reasonably foreseeable which are bryond its our .... ble control end without its fault of negligence, such acts of God, Is of civil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or riots provided that police of the condition coming such delay is given to the Purchaser within Live (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, foe date of delivery shall be extended for the period qml at the time actually her by reason off,delay 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andor other descriptions given, will be fit for the puryoxs intended, and performed with the highest degree of care and compliance in accordance with accepted standard for work of a miler mtme. The Sella agrees to hold the purchaser hanless fmm any loss, damage a ea,. which the Purchase may suRa or incur on account of the Sellers breach of wamenty_ The Shcer stall replan, repair or make good, wttlmut cost to the Purchaser, any defects or faults sitting within one (1) year or within such longer period of time as may be prescribed by law or by the terns of any applicable warranty provided by the Seller after the dote of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm impM t or defective work done or materials famished by the Seller. Acceptance or me of goods by the Purchaser shall not constitute a waiver of nay claim order this warranty. Except os 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 mwm Nx,, but such liability shall in no event imlude loss of profits or lost 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 women change major. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make a, change to the terms. Wher than legal terms, including additions to or deletions from the quamious Originally offered in the specification or drawings, by verbal or written change order. If any such change stocks the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS, The Purchaser may at any time by writim change order, terminate fis agreement as an any or all portions of foe goods then not shipped, subject to any equitable adjustment bmwaa the parties as to tray work or materials then in progress provided that the Producer shall not be liable for nay claim for anticipated profits on the uncompleted portion of the good andor work, for tnddental or consequential damages, and that no such adjustment be made in favor of foe Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve 6e Purchaser or the Seller ofany of their obligations as [o any goad delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mat b, asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict ompliance with all applicable laws and regulations to which de good are subject. The Sella shall exam, and deliver such documents n may Ix, tuitional to erred or evidence compliance. All laws and n golation rryvired io be ncoryortted in agreements of fis character art hereby incorporated herew by this reference. The Seller ague m inda parry and hold the Purchases hanless fmm an tams and damages suffered by the Purchaser m a result of the Sellers failure a comply with such law. 9. ASSIGNMENT. Neither party shall resign, transfer, or convey this alder, or any monies due or to become due hereunder without the prior written cement ofde other party. 10. TIRE. The Sella warrants Bill, clear and umestrited title to the Purchaser for all equipment, materials, and items fwnuhcd in perfonontt of this agreement, free and clear of any and all liens, restriction, reservations, samnty interest encumbrances and claims of oilers. 11. NONWAIVER. Failure of the Purchaser to insist upon sofa performance of the to. and conditions hereof, failure or delay to exercise any rights or remedies provided herein Or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment Sal gads hereorder or approval of foe design, shall not release the Sella of any of the wartxntics or Obligations of this purchase order and shall not Is, demand a waiver of any right of the purchaser to insist upon stria Performance hereof or any of its rights or remedies an, to any such good, regardless of when shipped, received or accepted, as many prim or subsequent default hereunder, nor shall any purposed oral modification or rescission of this purchase order by the Purchaser operate m a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller eat the Purchaser ucaguiu that in actual commanic practice, overcharges molting from If. violations are in fact home by the Purchaser. Theretofore, for good wax and m examidaition for executing this purchase order, the Seller hereby assign m the Purchmer any and it claims it may now have ar hereafter acquired under federal or stare antitrust laws for such overcharges roaming to the particular good or services purchased or acquired by the Purchaser pursuant to this puchax order. 13, PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defaalve good by a data to be agreed upon by the Purehnsa and the Seller, and the Seller thereafter indicates its iwbibly or unwillingness to comply, the Purchaser may cause the work to W performed by the in expeditious meant available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier front all liability and claims of any mture resulting firm the performance of such work. This release shall apply even in the event of fault of negl iWnae of the party released and shall extend to the directors, officers and employees manna party. The Seller's command obligations, including womanly, shall not be deemed to be reduced, in any way, because such work is per( ed Or caused m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by [error, patent, trademark or copyright, the Seller shall indemnify and save hanless the Purchaser from my 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 de 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 walk. In case said equipment or any pan thereof to the intended use of the goods, is in such suit held,. mnumre inG.gemem and foe use of said equipment or pan is enjoined, the Seller shall, at its own expanse and al its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the more with substantially equal but mode Hnging equipment, err modify it to it becomes na difnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpl, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may foMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The ci faitions of fens used or the interpretation of the agreement and the fights ofall parties hereunder shall be wnetmal underand governed by the laws affe Stare ofColorado,USA. The following Additional Conditions apply only in cases when the Sella is to perform work herounda, including the savica Of Sellers Roprex poiso(s), on de promises ofodors. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sides awn risk until the same is fully completed and accepted, and shall, in case of any accident, destmction or injury to the work midair materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equtpmem are fumisted by others for imdllaicn or auction by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor m though such materials anchor equipment were being furnished by the Seller under foe order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment c f avor ma compemation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase offer, and/or m their dependents in accordance with the laws of tls ,,to in which the work is to be done. The Seller shall also carry compchensive general liability including, but not limited to, contractual and automobile public hall try insurance with bodily injury and death limits of at lest S300,000 for any one person, S500,000 for any are accident and property damage limit per accident of S400,000. The Seller ahead likewise requiu M1ls contractors, if any, to provide for such compensation that insurance. Before any of the Sellers or his contractors employers shall do any wark upon the premises ofo beers, foe Sella stall famish foe Purchaser with a certificate fat such cmaisommion and Iasumnoc have been provided. Such ratifwta shall specify the date when such compensation and insurance have ban provided. Such cenifin es shall specify fe date when such compensation and insurance expires. The Seller agrees That such compennmion and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes foe ratio, ommumibiliry and liability for any and all damage, lass or injury army kind or nature whatsoever to porous or Property ofical by or resulting from the exachan ofthe wok previdal for in this purchase order or in connection herewi6. The Seller will indemnify and hold harmless the Functional and any or all of he Purchasers afters, .gents end employers fmm and against any and ell claims, Ins n. damage, charges or expenses, whether direct or indirect, and whether to Persons or property to which the Prochmer may be put or subject by reason of any act, action, neglect, omtasian or default on the part of the Sella, 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 Purchase, or its ofticars, agents or employers at any time on account or by reason of any act, anion, nedet, omission or di faull of the Sella of any of his contractors or any of its al thou milh t. agents or employees as max- l. the Sell. hereby agrees to .unto the defense therof and to defend the same at the Sellers own expense, m pay any and all costs, charges, attorneys fees aed o6er expenses, any and all judgments that may be inurmd by m obtained against she Purchaser at 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 the property of the Purchmer, or said parties in or as a result clinch suits or other procealings, the 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, furnish and install all guard necessary for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Healf Act of 1970 and ail tales and regulations issued pursuant Berm. Revised 012014