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HomeMy WebLinkAbout172842 XEROX CORPORATION - PURCHASE ORDER - 3212264 (2)PURCHASE ORDER PO Number Page City Of 3212264 1 of z ' `t Collins OI l i ns This number must appear ` on all invoices, packing slips and labels. Date: 01 /23/2012 Vendor: 172842 Ship To: WATER UTILITIES XEROX CORPORATION CITY OF FORT COLLINS PO BOX 7405 700 WOOD ST PASADENA California 91109-7405 FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: OPAL DICK 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 Ordered Extended Price Blanket P.O. for 2012 Copier 1 LOT LS 60,000.00 lease payment for Xerox Location - Utilities Exces printing charges of $.00650/copy with an allowance of 20,000 Serial #NWL - 010722 - $275.47 contract end Serial #MTE - 030097 - $601.08 contract end date Dec. 2011 Serial #MTE - 030101 - $601.08 contract end date Dec. 2011 Serial #FKA - 616035 - $315.08 +usage contract end date Oct. 2012 Amended Total $60,000.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By staNle the City of Too Collins is exempt from state and local taxes. Our Exemption Number is 11, NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 54-6000587 is registered with the Collector of Failure of the Purchoser to insist open strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or rcmcdics provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for foods 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 w'am, mics or obligations of this purchase order and shall not be closeted a waiver of any right of the damage in transit. may be rctumed to you for credit and arc not to be replaced except upon receipt of writes purchaser to insist upon strict performance hercofor 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 priar or subsequent default hereunder, not shall any Purported riml modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the Isms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the Pan of the City of Fort Collins. However. it is to be understood that FINAL. Seller and the Purchaser recognize that in rental economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection Procedures. violations arc in fact borne 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 most be F.O.R. City of Fan Collins, WK) Wood St.. Fort Collins, CO 90522. unless acquired under federal or state antitrust Imes 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 must accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufzeturcrs have distributing points in various pans of the country. shipment is If the Purchaser directs the Seller to correct nonconforming or defective good by a date to he agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted firm, Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillinocss to comply, the Purchaser shipments are made from greater distance. may cause the work to be Performed by the most expeditious means available to it, and the Seller shall pay all costs aasocimed with such work. Permits. Seller shall Parente at sellers sole cost all accessary Permits. certificates and license, required by all applicable laws, regulations, ordinances and rules of the state, municipality, tcnitory, or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction user 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. odes and requirements. Authonzation. All panics to this contract agree that the representatives are. in fact, bona fide and pnsscss 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 forth and any supplementary or additional terms and conditions annexed list or incorporated herein by reference Any additional or different terms and conditions proposed by scllerme objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment in arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance mat be effected within the time stated an the purchase order and the documents mhchcd hcrcle. No acts of the Purchasers including. without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this prevision. In the event of any delay, the Pnehaser shall have, in addition to other legal and equitable rcmcdics, the option rfplacmg this order elsewhere and holding the Seller liable for damages. Howvvcr. the Seller shall not be liable for damages its a result of delays due to causes not reasonably foresccable which arc beyond its reasonable commit and without its fault of negligence. such acts of Gad, acts ofcivil or military authorities, gm'emmenml priorities, fires, strikes, Rood, 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 infamy such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this enter 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 Seller agrees, to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Scllcrs breach of wamnty. The Seller shall mploce, 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 as may be prescribed by Inv or by the terms ofany applicable wormnty, provided by the Seller after the date of acceptance ofthe goods furnished hereunder (acceptance net to be unreasonably delayed), recalling from imperfect or defective work done m materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofnny claim under this worm. nty. 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 worm, miss 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. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terns by writcn change order. 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the hems, other than legal terms, including additions to or deletions proof the quantities originally ordered in the specifications or drawings, by verbal or written change outer. If any such change affects the amount due or the time ofoerf rmance hereunder. an equitable adjustment shall he made. fi. TERMINATIONS. The Purchaser may at any time by written change order. terminate this agreement as to any or all portions of the good then not shipped, subject trany equitable adjustment believes the panics its to any work or materials then in pmgress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the gonads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any grad which are the Scllcrs standard stock. No such ternti nation shall relieve the Purchaser or the Seller of any of their obligations as to any good 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 Seller warrants that all grinds 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 he incorporated in agreements of this character are M1 e¢by incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamiless fmm all costs and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any tactics dux or to become due hereunder without the poor written consent ofthe other parry. 10. TITLE. The Seller wzmnc full, clear and armstrlcted 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 her from all liability and claims of any nature ¢salting from the performance ofsuch work. This release shall apply c,en in the event of fault of negligence of the parry released and shall extend to the directors. officers and employees ofsuch pant. The Seller's contractual obligations, including wam, nty, 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 Icier, patent, bodcmark 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 contract, 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 ease said equipment or any pan 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 pans, replace the same with substantially equal but noninfiinging equipment, or modify it so it becomes 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 Sellers property or business, this order cony forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation ofthe agreement and the rights of all panics hereunder shall be constnned under 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 Scllcrs Representalive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Scllcr shall entry on said work at Sellcr's own risk until the same is fully completed and accepted, and shall, in case of any accident destruction or injury to the work and/or materials before Seller's final completion and .acceptance, complete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When mmedale and equipment are furnished by others for installation or erection by the Seller. the Seller slall receive, unload, store and handle same at the site and become respuaible tbenfor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his roam 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 slate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual anti rummribilc public liability insnranee with bodily injury and death limits of at least $300.000 for any one person. S500,000 for any one accident and progeny 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 ofthe Scllcrs or his contractors employees shall do any work upon the premises ofothers, the Scllcr shall famish the Purchoscrwith a eertifienm that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance haw been pmvidcd. 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 m injury infamy kind or nature whakoeycr to persons or Property caused by or resulting from the execution ofthe avark provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any or all of the Purchasers offices, 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 contractors officers, agents or employees. In case any suit or Other proceedings shall be brought against the Purchaser, or its offrem. agents or 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 the¢uf and to defend the same 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 Purchaser or any of its or their oRcers, agents or cntployees 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 panics in or as a result ofsuch suits or other proceedings, the Scllcr will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller awl 'his eontracrom 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 talcs and regulations issued pursuantt therein. Revised 0112010