HomeMy WebLinkAbout172842 XEROX CORPORATION - PURCHASE ORDER - 9956513Date: 10/28/2009
City of
�`rt Collins
Page Number: 1
Purchase Order Number: 9956513
Delivery Date: 10/28/2009 Buyer: CAREY, DAVID
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
1 1 LOT
Lease Payments
Xerox Copiers
Includes: One (1) Xerox Work Centre 7435P Printer System
Location: Streets Department @ 625 Ninth St., Fort Collins, CO 80524
Lease Term: Sixty (60) months.
Base Monthly Lease Charge: $267.90 for WC7435P
Includes: -0- B&W and -0- color prints per month.
Line 1 dollar amount for 12 combined monthly payments of $391.94.
Trade -In Units:
One (1) Xerox DC3535 printer, Serial # LVG252859,
One (1) H-P LaserJet 4500dn printer, Serial # JPCD23500,
One (1) Xerox DocuColor 12CP copier/printer, Serial # FU2042969,
One (1) H-P DesignJet 750c printer, Serial # ESB7810101.
Pricing per Colorado State University Agreement # 072246600
for State or Local Government and PDS quote dated 10/26/09.
Invoice Address:
4,703.28
Date: 10/28/2009
Purchase Order Number: 9956513
Page Number: 2
Delivery Date: 10/28/2009 Buyer: CAREY, DAVID
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note
Line Qty/Units Description Extended Price
Non -appropriation of Funds
Lessee reasonably believes that it will have a need for the Equipment for the duration of the
Lease and that funds will be available and appropriated to make all payments under this Lease,
however, the availability of funds in future fiscal years is dependent upon appropriation of funds
by Lessee's City Council, which appropriation is entirely discretionary.
Lessee will seek funding each year as part of its Budget process. If funds to continue the
leasing of the Equipment for the portion of the Lease term falling in the next year are not legally
available for such purpose, Lessee may terminate this Lease at the end of the current year without
penalty.
Lessee will notify Lessor at least thirty (30) days prior to the end of the year if funds are not a
for the payments required under this Lease by reason of non -appropriation or non -availability of fu
as set forth above.
2 1 LOT
Estimated Print Charges
for above Xerox Copiers
Cost per Copy: $0.0084 for all black & white (B&W)
Includes all service & supplies (except paper and staples).
To be billed quarterly.
Line 2 dollar amount for 12 months combined estimated print charges.
Invoice Address:
4,140.00
Date: 10/28/2009
�t of
Page Number: 3
Purchase Order Number: 9956513
Delivery Date: 10/28/2009 Buyer: CAREY, DAVID
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note
Line Qty/Units Description Extended Price
Pricing per CSU agreement # 072246600 and PDS quote dated 10/26/09.
City of Fort CgKinY Director of Purchasing and Risk Management
This order is rtQthalid over $5000 unless signed by James B. O'Neill II, CPPO
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 $8,843.28
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
I. COMMERCIAL DETAILS.
Tax exemptions. By statute 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 84-6000597 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 transit, may be returned to you for credit and are not to be replaced except upon receipt of written
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on an'iva
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 Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must 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
must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various parts of the county, shipnment is expected
ftom the nearest distribution point to destination, and excess freight will be deducted from Invoice when 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 state, municipality, tell itory or political subdivision where the work is
performed, or required by any 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. rules 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 temLs 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 if you cannot make complete shipment to an'ive on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purdasers including, without
limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this provision. In the event ofany 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 dantages as a result of delays due to
causes not reasonably foreseeable which are beyond its reasonable control and without its fruit of negligence, such acts
of God, acts of civil or military authorities, governmental priorities, fires, strikes, food, 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 deliveryshall 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 per
with the highest degree of care and competence in accordance with accepted standards I'or work of n similar nature.
The Seller agrees to hold the purchaser harmless fi-mn any loss, damage or expense which the Purchaser may suffer or
incur on account of the Sellers breach of wan'anty. The Seller shall replace, repair or make good, without cost to the
purchaser, any defects or faults arising within One( 1) year or within such longer period of time m may beprescnbed by
law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods
furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or
materials furnished by the Seller. Acceptance or use of goods by the Purchaser 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 for 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 may make changes to legal tents 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 nude.
6. TERMINATIONS.
The Purchaser may at anytime by written change order- terminate this agreement as to any or all portions oftbe goods
then not shipped, subject to any equitable adjustment between the parties as to any work or nMterials then in progress
provided that the Purchaser 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 be made in favor ofthe Seller
with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser m 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 termination is ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants 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.'rhe 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 result of the
Sellers failure to comply with such law.
If and only to the extent this [Agreement] constitutes a "sole source government contract" within the meaning of
Article XXVII I of the Colorado Constitution ("Article XXVII I"), then the provisions of Section 15 of Article XXVI I I
are hereby incorporated into this [Agreement]. In such a case, if the [Contractor] or any other person who is a
"contract holder" as defined in Section 2(4.5) of Article XXVIII intentionally violates Section 15 m Section 17(2) of
Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source government contract, or
public employment with the state of Colorado or any of its political subdivisions, for three years.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, orally monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller ware ants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in
per fimtsrnce of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
1 I. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms 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 for goods hereunder or npproval 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 prim or subsequent default hereunder. not shall any purported oral modification or
rescission of this purchase order by the Purchaser operate as a waiver of any of the terns hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antinust violations are
in fact bome 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 acquired under federal or state
antitrust laws fur such overcharges relating to the particular goods or services purchased or acquired by the Purchaser
pursuant to 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 Seller 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 Seller shall pay all costs
associated with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting
from the perf ninune of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to 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 Seller shall indemnify and save harmless the Purchaser from any and all claims for infiingement by reason
of the use of such patented design, device, material or process in connection with the conumct, and shall indemnify the
Purchaser fix 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 thereofor 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 pans, replace the same with substantially equal but non -infringing equipment, or modify it so it becomes
non -infringing.
15. INSOLVENCY.
I f the Seller shall become insolvent m bankrupt,make an nssignment for the benefit of creditors: appoint a receiver or
11n5tee for :in), 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 m 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 Representative(s). on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall cant' on said work at Seller's own risk until the same is fully completed and accepted, and shall, incase
of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance,
complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are
furnished by others for installation or erection by the Seller, the Seller shall receive unload, store and handle same at
the site and become responsible therefor as though such materials an_d/mequipment were being fiutrished bythe Seller
under the order.
I8. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease
benefits, to its employees employed on m 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, contractual and automobile public liability insurance with
bodily injury and death limits of at least $300,000 for any one person. $500.000 for any one accident and property
damage limit per accident of $400.000. 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 Seller shall famish 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 Seller agrees that such
compensation and insurance shall be maintained until after the entire wok 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 or
nature whatsoever to persons or property caused by or resulting from the execution of the work provided for_in this
purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any oral] 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 maybeput or subject
by reason of any act. action, neglect, omission or default on the pan ofthe Seller. 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
Purchaser, or its officers, agents m employees at any time on account or by reason of any act, action, neglect, omission
or default of the Seller of any of his contractors or any of its or their 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 any and
all costs, charges, attomeys fees and other expenses, any and alljudgments that maybe incurred by or obtained against
the Pnr'CIMSCr 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 as a result
ofsuch 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 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 04/2009