HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9151147City of
F,.6rt Collins
Date: 02/23/2015
Vendor: 496440
XEROX CORPORATION
c/o LEWAN & ASSOCIATES INC
100 S CLINTON AVE XRX2-40A
ROCHESTER NY 14644
PURCHASE ORDER
PO Number Page
9151147 1 of
This number must appear
on all invoices, packing
slips and labels.
Ship To: RECREATION DIVISION
CITY OF FORT COLLINS
215 N MASON
FORT COLLINS CO 80521
Delivery Date: 02/23/2015 Buyer: ED BONNETTE
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Lease & print charges 2015 1 LOT LS 4,550.00
CPES Dept portion
for Xerox Work Centre WC7545P Copier/Printer System, Serial #: XKP536319
Period: January 16, 2015 thru January 31, 2016
Location: City Of Fort Collins - CPES Administration Offices @
215 N. Mason St., Fort Collins, CO 80524
Lease Term: Forty -Eight (48) months
Base Monthly Lease Charge: $223.98
Includes: 10,000 B&W and 250 Color prints per month.
All Overage Prints @ $0.0087 per B&W and $0.0602 per Color.
Per State of Colorado Xerox Price Agreement #: 98526YYY11 M/WSCA,
Lewan & Associates quote dated 01/09/12, and WSCA PO Attachment dated 02/10/12.
•R1t1.
Line 1 dollar amount for department portion (70%) of twelve (12) months Lease Base Charge payments
($2 687.76) and twelve (12) months of estimated Print Costs ($3712.24).
s Lease & print charges 2015 1 LOT LS
CPES Dept portion
for above Xerox Work Centre WC7545P Copier/Printer System,
Serial #: XKP536319
975.00
Line 2 dollar amount for department portion (15%) of twelve (12) months Lease Base Charge payments
($2,687.76) and twelve (12) months of estimated Print Costs ($3712.24).
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 PO Number Page
City of 9151147 103
`t COI lies This number must appear
` on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
For Period: January 16, 2015 thru January 31, 2016
3 Lease & print charges 2015 1 LOT LS 975.00
CPES Dept portion
for above Xerox Work Centre WC7545P Copier/Printer System,
Serial #: XKP536319
For Period: January 16, 2015 thru January 31, 2016
Line 2 dollar amount for department portion (15%) of twelve (12) months Lease Base Charge payments
($2,687.76) and twelve (12) months of estimated Print Costs ($3712.24).
Replaces 2014 PO# 9140409.
Total $6,500.00
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
Page 3 of 3
I. COMMERCIAL DETAILS.
Tax exemptions. By state the City of Fort 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 Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in must, may be retumed to you for credit and are not to be replaced except upon receipt of wrim m
instructions from the City ofFort Collins.
Inspection. GOODS are subject to the City of Fort Collim inspection on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
authorized payment on the part of the City of Fen Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from the mart distribution point to destination, and excess freight will be deducted from Invoice what
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rules of the sate, municipality, territory or political subdivision where
the work is performed, or required by any other duly consfimted public authority having jurisdiction over the work
of vendor. Sella further agrees to hold the City of Fan Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles
and requirements.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set fact and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different tennis and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
sated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event ofany delay,
the Purchaser shall have, in addition m other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a mult of delays
due to causes not reasonably foreseeable which we beyond its reasonable control and without its fault of negligence,
such was of God, acts ofeivil 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 any such delay, the date of delivery shall be
extended for the 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, samples and/or 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 Sella agrees in hold the purchaser harmless 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 purchaser, any defects or faulta arising within one (1) year or within such longer period of
time as may be proscribed by law a by the terms of any applicable warranty provided by the Sella after the date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), mulling from imperfect
or defective work done or materials famished by the Sella. Acceptance or use of goods by the Purchase shall not
constitute a waiver of any claim under this warranty. Except as 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 wamnnea
or guarantees, 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 terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at my fire by written change order, terminate this agreement as to any m all portions of the
goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in
progress provided that the Purchma shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in
favor of the Sella with respect to any goods which are the Sellers standard stock. No such termination shall relieve
the Pmchasa or the Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or rumination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrens that all goods sold hereunder shall have been produced, sold delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are 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 mult of the
Sellers failure to comply with such Inca.
9. ASSIGNMENT.
Neither petty shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchase for all equipment, materials, and items furnished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
11. NONWAIVER.
Failure of the Purchaser no insist upon strict performance of the rurms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a
breach, the acceptance of w payment for goods hereunder or approval of the design, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the rums
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharge mulling from antitrust
violations we in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claim it may now have or hereafter
acquired under federal a state antitrust laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant m this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay all
roars associmed with such work.
The Seller shall release the Purchaser and its contractors of any for from all liability and claims of any aware
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend m the
directors, officers and employees of such party.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Sella shall indemnify and save hamlets the Purchases from any 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 the Purchases for any cost, expense or damage which it may be obliged to pay by mson 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 conwitum infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and w its option, either procure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
noninfringing equipment, or modify it so it become noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sella property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of tamer used or the interpretation of the agreement and the rights of all parties hereunder shall be
construed under and governed by the laws of the 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 Represenative(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers own risk unfil the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury to the work andtor materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others fun installation or erection by the Sella, the Sella shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being famished by the Sella under the order.
18. INSURANCE,
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupmional
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the sate in which the work is to be done. The Sella
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,000 fun 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 insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a ccnificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind
a nature whatsoever to persons a property caused by or multing from the execution of the work provided fun in
this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or cantradors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or is officers, agents or employees at any time an account or
by reason of any act, action, neglect, omission or default of the Sella of any of his contractors or any of its a
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the some at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchases 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 the property of the Purchaser, or said parties in or m a mult 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 Seller and
his contractors shall take all safety precautions, furnish and i otall 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 rules and regulations issued pursuant thereto.
Revised 07/2014