HomeMy WebLinkAbout172842 XEROX CORPORATION - PURCHASE ORDER - 9120485PURCHASE ORDER PO Number Page
City Of 9120485 t of 3
`t Col
tI„s This number must appear
` , 1 on all invoices, packing
slips and labels.
Date: 01/25/2012
Vendor: 172842
XEROX CORPORATION
PO BOX 7405
PASADENA California 91109-7405
Ship To: WATER TREATMENT PLANT #2
CITY OF FORT COLLINS
4316 W LAPORTE AVE
FORT COLLINS Colorado 80521
Delivery Date: 01/25/2012 Buyer: DAVID CAREY
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
I XEROX COPIER LEASE PAYMENTS
for 12 Months
1 LOT LS
for Xerox Work Centre 7435P Copier/Printer System,
Serial#: PBB-010561
CUSTOMER NUMBER 708410949
QUANTITY: ONE (1)
LOCATION: WATER TREATMENT FACILITY @ 4316 W. LAPORTE AVENUE, FORT COLLINS, CO 80521
LEASE TERM: THIRTY-SIX (36) MONTHS
BASE MONTHLY LEASE CHARGE: $301.33
INCLUSES:-O- B&W AND -0- COLOR PRINTS PER MONTH
LINE 1 DOLLAR AMOUNT FOR 12 PAYMENTS
Pricing per Colorado State University Agreement # 072193100
for State or Local Government and PDS quote dated 02/03/10.
3,615.96
2 ESTIMATED PRINT CHARGES 1 LOT LS 1,600.00
for 12 Months
FOR ABOVE XEROX COPIER
XEROX WORK CENTRE 7435P COPIER/PRINTER SYSTEM,
SERIAL M PBB-010561
U
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid 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
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
C117/ Of///��� 9120485 2 of 3
Flirt Collins This number must appear
// ,,.y`�_J�"' ` on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
PRINT CHARGES: $0.0078 EACH FOR ALL B&W AND $0.0690 EACH FOR ALL COLOR PRINTS PER
MONTH.
PRICING FIXED FOR LEASE TERM.
INCLUDES CONSUMABLE SUPPLIES.
U
Cm� c3 . 0'rL6-9Q a-e-
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid I over $5000 unless signed by James B. O'Neill ll, 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 $5,215.96
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
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hCrenf failure or delay to
Internal Revenue, Denver, Colorado (Rd: 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 for puymcm for good hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJEC1"ED due to failure to meet specifications, either when shipped or due to dcfccts 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 returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict perfomtaoce lereofor any of its rights or remedies as to any such good, regardless
instructions from the City of Fort Collins. of when shipped, received or accepted, as Io 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 ofany of the onto,
Inspection. GOODS are 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 it 12. ASSIGNMENT OF ANTITRUST CLAIMS.
�rva t
authorized payment on (lie pan of the City of Fort Collins However, it is m be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion ofull applicable required inspccfiom procedures. violations arc in fact home by the Purchaser. Theretofore, for good cams, and as consideration fur executing this
purchase order, the Seller hereby assigns to the Purchascr any and all claims it nmy now hove or hereafter
Freight Tents. Stopnants must be F.O.B., City of Fort Collins, 700 Wood St., Fain Collins, CO 80522, 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 manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates is inability or unwillingness to comply, the Purchascr
shipment, arc made from g,,at,, distancemay cause the work to be perforated by the most expeditious meats available to it, and the Seller shall pay all
toss associated with such work.
Pemnits. Seller shall procure of sellers solo cow all necessary permits, cenificates and licenses required by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority Irving jurisdiction over the work
of vendor Scllcr further agrees to hold the City of Tom Collins harmless from and against all liability and loss
incurred by than by reason of an asserted or established violation of any such laws, regulations, ordinances, rules
and requirements.
Authonzrttion. All parties to this contract agree that the representatives are, in fact, bona tide and possess full and
complete authority to bind Said patties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
heroin or forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by
reference. Any additional or ditTcrent 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 active on your
promised delivery date as noted. Time is ofthe essence. Delivery end performance must be effected within the rims
stated on the purchase order and the fee ... ns touched hereto. No acts of the Purchasers including, without
limiation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay,
the Purchaser shall have, in addition to other Icgal and equitable remedies, the option ofplacing this order ebewherc
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to muses or rcasoaob]y foreseeable which are beyond its reasonable control and without its fault ofnegligence,
such acts of God, ace ofcivil or military authorities, governmental priorities, Gres, 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 ofany such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason ofthc delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, sanmplcs 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 standard's for work of 4
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage, or expense which the
Purcbaser may suffer or incur on account of the Seller breach ofwarmnry. The Seller shall replace, repair or make
good, without cost to the purchaser, any dcRcls or faults arising within one (1) year or within such longer period of
time as may be prescribed by Iry or by the terns of any applicable warranty pwvidul by the Seller after the date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imper cot
Or defective work done or materials furnished by the Seller. Acceptance or use of good by the Purchascr shall tot
constitute a waiver ofany claim under this watrunry. Except as otherwise provided in this purchase order, the Setters
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss ofprofits or loss of use. NO IMPLIED WARRANT"Y
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.
S. CHANGES IN COMMERCIAL TERMS.
The Purchascr may rake any changes to the toms, 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.fperf.nmance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
'I tic Purchaser may at any time by 0ritten change order, tcmtinaw Phis agreement as to any or all portions ofthe
good then not shipped, subject to any equitable adjustment between the parties as to any wink or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
ponied ofthe good and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor ofthe Seller with respect to any good which are the Sellers Otia d stock. No such ermin.1m, shall rclicvc
the Purchaser m the Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the date the change or fortification is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the good are abject. 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 agreenents of this chamctcr 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 ofthe
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party Shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent ofthe other party.
I O. TITLE.
'I he Sc[lcr warrants full, clear and unrestricted tide to the Purchaser for all equipment, materials and items furnished
in performance of this agreement, free and clear of any and all lions, restrictions, reservations, security interest
encumbrances and claims of others.
The Seller shall release the Purchascr and its contractors of any tier from all liability and claims of any nature
resulting from the performance ofsuch work.
This release shot] apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees ofsuch parry.
The Seller's contractual obligations, including wanunty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchawr.
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 bunnies, the Purchaser from any and all claims for inf-ingenmcut
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 ,dch
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 ofthe good, is in such suit held to constittc 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
noninfiringing equipment, or modify it so it becomes n.ninfringing.
15ANSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assigament for the benefit of ereditus, 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 afterms used or [ht, inerpretation of the agreement and the rights of all panics hereunder shall be
construed under and governed by the laws of the State of Colordo, USA.
The following Additional Conditions apply only in cases where the Seller is to Foram, work hereunder,
including the services of Sellers Rcprescntativc(s), on the premises ofmhers.
17. SELLERS RESPONSIBILITY.
'I lie Seller shall carry ram said work at Seller'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 of the Purchaser. When materials
and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload,
same and handle same of the sit, and become responsible therefor as though such materials and/or equipment
were being furnished by tls Seller under the order.
18. INSURANCE.
The Scllcr 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 Imes of the slaw in which the work is to be done. The Seller
shall also carry comprc]u,nsne general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at (cast 5300,000 for any one person, 5500,000 for any
one accident and property damage limit per accident of $400,000. '1"he 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.ther, the Seller shall famish the Purchascr 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 work is Completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seiler hereby assumes the court, responsibility and liability for any and all damage, loss or injury ofany kind
or nature whatsoever to persons or property, caused by or resulting front the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller 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 infidel, 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 offeen, agents or cmployces. In case any suit or other
proceedings shall be brought against the Purchaser, or is oflicen, 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 thereof and to
defend the Sunni, at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments that may be incurmd by or obtained against the Purchaser or any of its or their .[Lees,
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 or other proceedings,
the Seller will at once muse the same to be dissolved and discharged by giving bond or otherwise. The Sol ter and
his contractor xhall take all Sit precautions, famish and install all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard I. safety including, but wifamt limiation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 03/2010