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HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9150398 (2)PO PURCHASE ORDER 915039er Page C117/ of PURCHASE 9150398 1 of 3 ' `t Collins Ins This number must appear ` v ` on all invoices, packing sli s and labels. Date: 0112112015 Vendor: 496440 Ship To: COMMUNITY DEV & NEIGHBORH XEROX CORPORATION CITY OF FORT COLLINS c/o LEWAN & ASSOCIATES INC 281 N COLLEGE AVE 100 S CLINTON AVE XRX2-40A FORT COLLINS CO 80521 ROCHESTER NY 14644 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 Lease payment 1 LOT LS 6,100.00 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 130 PURCHASE ORDER 915039er Page City of PURCHASE 9150398 2 of 3 ' `t C his number must appear ` Collins1 ,�7 n all invoices, packing and labels. Line Description Quantity UOM Unit Price Extended Ordered Price for Xerox Work Centre W7775P Copier/Printer System. Serial #: TBD Quantity: One (1) Location: City Of Fort Collins - Community Development & Neighborhood Services (CDNS) @ 281 N. College Ave., Fort Collins, CO 80524 Lease Term: Sixty (60) months. Total Base Monthly Lease Charge: $509.02 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 02/12/14, and Lewan & Associates Proposal dated 01/22/14. Includes trade-in of one (1) Xerox WC7545P Copier, Serial # XKP065108. State of Colorado Central Services user fee of $.001 per print wil be billed separately. PO Line 1 for twelve (12) months of Base Lease Charges. 2 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 02/12114. PO Line 2 amount for twelve (12) months estimated total Print Overage charges 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:pumhasing@fogov.00m 5,500.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By smeme the City of Fan Collins is exempt from mile and local mxes. Our Exemption Norther is 11. NONWANER. 98-04502. Federal Excise Tox Exemption Cemificene Of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the toleov and conditions hereof, failure or delay ro Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stainless 1973. Chapter 39-26, 114 (a). ammise any rights Or remeies provded herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rej.md. GOODS REJECTED due an failure to meet sped fications, 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 my right of the damage in amid, may be Mumed to you for credit and are not to be replaced except upon receipt of written purchaser to arms' upon strict performance horeofor 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 any prior or subsaqumt default h.eunders nor shall any purported argil modification or rescission of this purchase order by the Purchan operate m a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on aniwl, hereof. Final Accepance. Receipt of the merchandise, smicas or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment an the pan of the City of Fort Collins. However, it is to No understood that FINAL Seller and the Purchaser recognize that in actual economic pmetice, ovemburger resulting from hmtem it ACCEPTANCE is dependent upon completion of all applicable required impaction procedures. violvd.. are in fact home by the Purchases. Theremfore�forr W1 cause and m consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hneafler Fro,du Toms. Shipments must be F.O.B., City of Fan Collins, 700 Wood Sr, Fart Collins, CO 80522. It. acquired source federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specific on this order. If permission is given to prepay freight and charge acpammly, the original freight purchased or seemed by the Purchaser pursuant to this purchase under. - bill must accompany invoice. Additioal charges for packing will act be accepted 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Diaance. Where reanufarnms have distributing pain¢ in various pans of the country, shipment is Ifthe purchaser directs the Seller m wrrtcr nonconforming or ddmdvc goods by a date to be agreed upon by the expected from the nmeest distribution point to document, am excess freight will be deducted from Invoice what Fmchaser and the Seller, and the Seller throuaner indicates its inability or unwillingness to comply, the Purchaser supreme; art made from greater distance. may amuse the work as be performed by the most expeditious meant available to it, and the Seller shall pay all casts acsociatd wind snob work. Permits. Seller shall procure at sellers sole cost all naeaury permits, coniferous and Iim . taluired by all applicable Izxs, regulations, ordinances and roles of fie state, municipality, temmry in political subdivision where the work is performed, Or required by any other duly mmtituted public nut badly havingjurbe iction over the work of vendor. Seller lumber agrees or hold the City of Fort Collins harmless from aud against all liability and loss incurred by them by reason of an asserted or ombliched violation ofany such laws, totalitarians, ordinances, roles and rdluivr mts. Authentication. All parries to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said probes. LIMITATION OF TERMS. This Purchase Order expmssly limits acceptance to the terms end conditions stated herein set forth and any supplementary, or additional tams, and conditions annexed hereto or incorporated herein by reference. Any additional or different terns 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 promised delivery date as noted. Time is of the estate. Delivery and padormance must be effected within the time stated on the purchase order and the documents attached hereto. No ans of the Purchasers including, without limitation, acceptance ofpamial 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 of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its rvnwnable control and without its fault of negligence, such acts of Gad, acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of my such delay, she date of delivery shall be extended for the period equal to the time actually lost by reason Of the delay. 3. WARRANTY. The Seller warronts that all grads, omicles, materials and work covered] by this order will confirm with applicable drawings, specifications, samples and., other descriptions given, will be fit for the 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 hutmis from any loss, damage or expense which the Purchaser may suffer Or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaseq any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the data of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting firm implication or defective work done or materials fomishd by the Seller. Acceptance or use Of goods by the Purchaser shall or constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend 10 of I damages pmximutely tamed by he breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profi. 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 to. by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the to., other than legal to., including additions ro or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change aliens the amount due or the time of performance hereunder, an equitable adjustment shill be made. 6. TERMINATIONS. The purchaser may at any time by written change order, laminate this agreement as to any or all portions of the goods then net shipped, subject to any equitable adjustment berwcen the panics m to any work or materials than in progress provided that the Puuhuer shall not be liable for any claims for anticipated profits on due mecormind pormas ofthe goods and/or work, for iuciJenml or consequential damages, and that no such adjustment be made in favor of the Seller with respect o any goods which are the Sellers standard stock. No such mrmimtion shall relieve fie Purchaser or the Seller army ofthed obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be evened within thirty (30) days from the den the change or mrmination is ordered. 8. COMPLIANCE WITH LAW. The Sella wermnts that all goods sold hereunder shag have been produced, sold, detivare hall f ishd in suits compliance with all applicable laws and regulation to which the good are subject The Seller shall execute rid deliver such documents as may be acquired to effect or evidence compliance. All lava am regulations required m be cmrpoe sted in agreements of this daracter ere hereby unimpassioned herein by this reference. The Seller agrees as indemnify aud hold the Purchaser harem. from all cos. ad damages suRetd by the Purchaser as a a.ula of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall Resign, number, or convey this order, or my monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and commuted title to the Purchaser for all equipment, materials, and items f ISM1ed n performance of this agreement, free and clew of any and all linos, restrictions, reservations, security interval rnwmbranc. and claims of othats. The Seller shall release the Puechaser and its contmctom of my our f all liability and claims of any nature resulting f the performance ofsuch words. This release shill apply even in flue event of fault of negligence of the party released and shall extend to the directors,oRcers and am k sac of such pmty. The Sellers conaeactual obligations, including wasranry, shall not be dame to be reduced, in any way, because inch work u performed or -used to be pnformd by the Purchaser. 14, PATENTS. Whenever the Seller is required in use any design, district, material or process covered by latter, patent, nademmk or copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for inGmgcmcnt 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 clef expense or damage which it may he 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 the goods, is in such suit held to comptum infringement and the use of said equipment or part is mjoind, the Seller shall, at its awn expense and at its option, either procure for the Puchaser the right to continue using said equipment in pans, replace the same with substantially equal but noninfnaging equipment, or modify it so it becomes noninfn'nging. 15.INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without Lability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe egrcement and the rights of all parties hereunder shall be construed order and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repreuntative(s), on the premises of others. 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 use of any accident, desuucfion or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When tnateriah and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, score ae handle same a1 the site and become easpomible therefor as Ihougb such materials and/or equipment were beingburnished by the Seller under the older. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, m its employees employed on or in connection with the work caved by this purchase order, modor to Neir dependents in accordance with fe laws of the sink in which the work is to be done. The Sell. shall also tarty comprehensive general liability including, but not limited On, contrunual and automobile public liability immune with bodily injury aud death limits of m least S300.000 for any one prove. Su)()," for any onse incident and property damage limit Par accident of 5400,000. The Seller shall likewise require his contusions, if any, to provide fro such compensation and insurance. Before any of the Sellers or has cmntmdors employees shall do any work upon the premises of others, the Seiler shall f ish the Penchattt with a certificate that such compensation and imumnce have been provided. Such unificatea shall specify the date when such ompemation and insurance have been provided. Such cenifirates shall specify the date whensuch compmsadian and insurance expires. The Seller agrees But such compensation and insurance shall he mainmined until after the ensue work is compled and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Self hereby assumes the attire responsibility crud liability for my and all damage, loss or injury fany kind Or venue whensoever. groom or properly -rod by in .[,a, from the execution ofthe work provided fro in this purchase Order or in connection herewith. The Seiler will indemnify and hold hatml.s the Puncheror and my r all of the Purchasers officers, agents and employees from and against my and all claims, lasses, damages, charges or expenses, whether direct or indirect, and weather to Persons or property to which the Purchm may h put or subject by lesson of my act action, neglect, omission or default on the put of the Seiler, my of his contmdors, in my of the Sellers or contrmmrs mill agents in emPloyar. In eau my nor Or other proceedings shall be brought against the Putchato, or its officers, agents at employees at my time on second or by reason of my act, action, indeed, omission or default of the Seller of my of his contractors or any of its or theb officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all cos., charges, attorneys fees and other expenses, very and ill jud rands that may he incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such mita or other proceedings, and in care judgment or other line be placed upon or obtained against the propmy, of the Purchaser, or said parries in or as a result of such suits or other proceedings, the Sellerwill at once cause the same to be dissolved and dischatgd 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 roles and regulations issue pursumd thereto. Revised 07/2014