HomeMy WebLinkAbout496440 XEROX CORPORATION - PURCHASE ORDER - 9151264City of
Fort Collins
Date: 03/02/2015
Vendor: 496440
XEROX CORPORATION
c/o LEWAN & ASSOCIATES INC
100 S CLINTON AVE XRX2-40A
ROCHESTER NY 14644
PURCHASE ORDER
PO Number Page
9151264 'I of 3
This number must appear
on all invoices, packing
sli s and labels.
Ship To: CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST- 1ST FLOOR
FORT COLLINS CO 80521
Delivery Date: 02/27/2015 Buyer: ED BONNETTE
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 ES Lease/Copy Agreement
Replaces PO 9141692
1 LOT LS
for Xerox Work Centre WC7545P Copier/Printer System, Serial #: XKP556946.
Location: City Of Fort Collins - Environmental Services @
215 N. Mason St., Fort Collins, CO 80524
Lease Term: Sixty (60) months.
Total Base Monthly Lease Charge: $172.09
Includes: 10,000 B&W and 250 Color prints per month.
Per State of Colorado Xerox Price Agreement #: 98526YYY11 M/WSCA,
and Lewan & Associates quote dated 11/21/12.
xxxx+
Line 1 dollar amount equals twelve (12) months of lease payments.
For Period: March 1, 2015 thru February 28, 2016.
State of Colorado Central Services user fee of $.001 per print will be billed separately.
for above Xerox Work Centre WC7545P Copier/Printer System, Serial #: XKP556946
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 #: 98526YYY11 M/WSCA,
and Lewan & Associates quote dated 11/21112.
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
3,042.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
City of
art Collins
PURCHASE ORDER
PO Number Page
9151264 2of3
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
State of Colorado Central Services user fee of $.001 per print wil be billed separately.
PO Line 1 also for twelve (12) months of estimated print cost.
For period: March 1, 2015 thru February 28, 2016.
PO# 9141692.
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
Total
$3,042.00
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. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60DO587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tams and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Rat 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 the event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of
Goods 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 transit, may be retuned to you for credit and are not to be replaced except upon receipt of wrift= Purchaser to insist upon strict performance hereof or any of its rights a remedies as to any such goods, regardless
instructions from the City of Fort Collins. of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any purported
orel modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tams
Impectiou. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof.
Final Aaxpumce. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from anfitntst
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are 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 claims it may now have or hereafter
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood SL, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order.
bill most accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacWrers have distributing Points in various parts of the comity, shipment is If the Purchaser directs the Seller W coned nonconfomaing or defective goods by a date to be agreed upon by the
expected from the names[ distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made from greater distance. my cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where
the work is performed, or required by my other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort 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, miss
and requirements.
Authorization. All parties to this contmct 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 terns and canditions stated
herein set forth and any supplementary or additional terms 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 if you cannot make complete shipment to arrive on your
promised delivery date m noted. Time is of the essence. Delivery and performance most be effected within the lime
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial 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 are beyond its reasonable control and without its fault of negligence,
such acts of Gad, acts of civil or military authorifies, governmental priorities, fires, strikes, flood, epidemics, wars or
now 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 Out all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, saiples 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 Seller agmes to hold the purchaser harmless from any loss, damage or expense which the
Purchasermay sufferer incur on account of the Sellers breach of wamanty. The Sella shall replace, repairor snake
good, without cost to the purchaser, 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 toms of any applicable warranty provided by the Sella after the date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defeefive work done or materals famished by the Sella. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim coda 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 my of the foregoing warranties
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 my make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes to the terms, other than legal tennis, 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 time by written change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject to my equitable adjustment between the parties as to my work or materials then in
progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to my goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Sella of my of their obligations as to my goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is
ordered-
S. COMPLIANCE WITH LAW.
The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and
deliver such d"umenb 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 result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the
prior written cansmt of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser 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.
The Seller shall release the Purchaser and its contractors of any fier from all liability and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the patty released and shall extend to the
directors, oRcers and employees of such party.
The Setter'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 Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contact, and
shall 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 part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
noninftinging equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment far the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms 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 Sella is to perform work hereunder,
including the services of Sellers Represemtive(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers own risk will the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury to the work and/" materials before Sellers final completion cad
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or erection by the Sella, the Seller shall receive, unload,
store and handle some at the site and become responsible therefor as though such materials and/or equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational
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 state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, continental and automobile public
liability announce with bodily injury and death limits of at least $300,000 for my one person, $500,000 for my
one accident and property damage limit par accident of $400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors
employees shall do my work upon the premises of others, the Sella shall furnish the Purchaser with a certificate
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 Sella 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 Sella hereby assumes the entire responsibility and liability for my and all damage, loss or injury of any kind
or nature whatsoever to persons or property caused by" resulting from the execution of the work provided for 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, Imses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be pm or subject by reason of my act, action, neglect, omission or default on the part of the Seller, my of his
contractors, or my of the Sellers or contractors officers, agents in employees. In case my suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or
by reason of any act, action, neglect, omission or default of the Sella of my of his contractors or my of its or
their officers, agents or employees as aforesaid. the Sella hereby agree to assume the defense thereof and to
defend the same at the Sellers own expense, to pay my and all costs, charges, moneys fees and other expenses,
my and all judgments Out may be incurred by or obtained against the Purchaser or my 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 as a result of such suits "other proceedings,
the Sella will at once on the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall tare 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 rules and regulations issued pursuant thereto.
Revised 07/2014