HomeMy WebLinkAbout1 XEROX CORPORATION - PURCHASE ORDER - 9120487PURCHASE ORDER PO Number Page
City of 9120487 j 1 of 3
' `t Collins
This number must appear
on all invoices, packing
slips and labels.
Date: 01/25/2012
Vendor: 172842
XEROX CORPORATION
PO BOX 7405
PASADENA California 91109-7405
Ship To: STREETS DEPARTMENT
CITY OF FORT COLLINS
625 NINTH STREET
FORT COLLINS Colorado 80524
Delivery Date: 01/25/2012 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Xerox Copier Lease Payments
for 12 Months
1 LOT LS
Includes: One (1) Xerox Work Centre 7435P Copier/Printer System,
Serial# GBP243925.
One (1) Xerox Work Centre 7232P Copier/Printer System,
Serial# GBP243925.
Location: Streets Department @ 625 Ninth St., Fort Collins, CO 80524
Lease Term: Sixty (60) months.
Base Monthly Lease Charge: $267.90 for WC7435P
$124.04 for WC7232P
Includes: -0- B&W and -0- color prints per month.
PRICING FIXED FOR LEASE TERM.
Line 1 dollar amount for 12 combined monthly payments of $391.94.
2 Estimated Print Charges
for 12 Months
1 LOT LS
For Above Xerox Copiers
Includes: One (1) Xerox Work Centre 7435P Copier/Printer System,
Serial# GBP243925
One (1) Xerox Work Centre 7232P Copier/Printer System,
Serial# GBP243925
Location: Streets Department @ 625 Ninth St., Fort Collins, CO 80524
CUSTOMER NUMBER 708410949
Print Charges:
For WC7435P: $0.0084 for al I black & white (B&W) $0.089 for al I color.
For WC7232P: $0.0084 for al I black & white (B&W) $0.079 for al I color.
Covers all service & supplies (except paper and staples).
To be billed ouarterly.
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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
5,000.00
5,000.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
C117/ OfCollins
��� 9120487 z of s
`t ( v olI I n C This number must appear
` ` J on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
Line 2 for 12 months estimated charges.
C3. OYlp:sL4 /�
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
Total $10,000.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tem3s and Conditions
Page 3 of 3
I. COMMERCIAL DETAILS. -
Tux exemptions. By statues the City of Fon Collins is exempt tram suite unit local taxes. Our Exemption Number is 11. NONWAIVER.
98-04302. Federal Excise Tux Exemption Ccnitieau, of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the temts and conditions he«uf, failure m delay to
Internal Revenue, Deliver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remcdics provided hyrum 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 dcsign, shall not release the Seller of
Gods 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 returned to you for credit and arc not to be replaced except upon receipt of written purchaser to iusim upon strict performance hereof or any of its rights or remedies as to any such goods, regardless
instruction from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpond
oral nioditication or rescission of this purchase order by the Purchaser operate as a waiver of any of the tern
Inspection. GOODS are subject to the City of Fun Collins inspcetioa on arrival. hemof.
Final Acceptance Receipt of the acwhardiw, services or equipment in respmue to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
uahurizud payment on the pan of the City of Fon Collins. However, it is to be understood that FINAL Seller and the Purchusvr recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact bona by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchusc order, the Seller hereby assigns to the Pumhuscr uny and all claims it may now have or hereafter
Freight 'I units. Shipments must be 17.0.IT, City of Fon Collins, 700 Wood St_ Pon Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relining to the panicular goods or services
otherwise specified on this order. If permission is given to prepay tight and charge separately, the original freight purelmsed or acquired by the Purchaser pursuant to this purchase older.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLtGA'ITONS.
Shipment Distance. Where menu Paunmax have distributing points in various pans of the country, shipment is If the Pumhuscr directs the Seller to correct nonconforming or defective goods by a date lobe agred upon by the
expected front the nearest distribution point to destination, and exec» freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereatier indicates its inability or uuo'illinguess lu comply, the Purchaser
shipments a« made from greater distance. may cane the work to be pedomned by the most expeditious nmeas available to it, and roe Seller shall pay all
costs associated with such work.
Pemmils. Seller shall procure a echo, sole act all necessary permits, certificates and licenses required by all
applicable lays. regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the work is paiommd, or rcquind by any other duly coustituted public authority having jurisdiction over the work
of vamdon Seller tunher agrees to hold the City of Fon Collin hamdess from and against all liability and loss
incurred by them by reason of an uvened or established violation of any such laws, regulation, ordinance,, rules
and requirements.
Andimizatiun. All panics to this contract agree that the reprexnatives arc, in fact, bull. tide and possess full and
conmplcte authority m bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tans and conditions sated
herein set I'onh and any supplementary or additional amm, and conditions annexed hereto or incorporated herein by
reference. Any additional ordifferent terms and conditions proposed by seller am objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT inunediwely 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
stated on the purchase, order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of panial late deliveries, shall operate as a waiver of this provisiun. In the event orally delay,
the Pushover shall have, in addition to other legal and equitable remcdics, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However. the Scllcr shall nut be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control mid without its fault of negligence,
such acts ofGd, acts ofcivil or militaryauthorities, governmental priorities, tiro, strikes, flood, epidemics, wan or
riots provided that notice of ,he condition caning such delay is given to the Purchaser within five (5) days ofthe
time when the Seller fin, nceivd knowledge thereof: In the event of any such delay, the date of delivery shall be
extended for the period yual to the time actually lost by reason of the delay.
3. WARRANTY.
l'he Seller warrants that all goods, annulus, materials and work cowerod by this order will conform with applicable
drawings, specification, samples and/or other descriptio. given, will be tit for the purposes intended, and
performd with the highest degree of era. nu aad competence in accordance with accepted standards for work of a
similar ,.lure The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of....ty. The Scllcr shall replace, repair or nmke
good, without cost to the pumhascq any defects or faults arising within one (I) year or within such longer period of
time as may be prescribed by law or by the terns of uny applicable warrnty pmvidcd by the Seller after the date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from impeded
or detective work done or materials furnished by the Sulfa. Acceptunce or use of goods by the Purchaser shall not
constitute a waiver ofany claim under this warranty. Except as chemise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proxinatcly caused by the breach ofany ofthe foregoing warranties
or guaamecs. bu, such liability shall in no event include loss of proti,s or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
Thu Purchaxr may nuke changes to legal icons by written change order.
5. CHANGES IN COMMERCIAL TERMS,
Thu Purchaser may make any changes to the turn., other than legal emu, including bddilimos to m deletions horn
the quantities originally ordered in the specification or drawings, by verbal or written change order. If any such
change others the amount due or the time ofpcdormamce hereunder, all equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wrinen change older, amtinmc this xg«emem u, to any or all portion of the
goods then not shipped, subject to any equitable adjustment buwcen the punks us to any work or materials then in
progress provided Char the Purchase, shall our be liable fur any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such udjusin,cnt be made in
favor of the Seller with re,pec, rut any goods which arc the Sellers sundard stock. No such termination shall m1icve
the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim fin adjustment must be asserted within thirty (30) days from the date file change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wamints that all goods sold hereunder shall hive been produced, said. delivered and famished in strict
compliance with all applicable laws and reSmlations to which the goods arc subject The Seller shall execute and
deliver such ducwnous as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this chamcter are hereby incoporated herein by this relcrence. The Seller ag va s to
indemnify and hold the Puchaser harmless from all costs and damages sutured by the Puchaser is a result of the
Scllcrs failure 10 comply with such law.
9. ASSIGNMENF.
Neither pany shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior wrinen consent ofthe other parry.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser total[ equipmou, materials, and items furnished
in perfomance of this agreement, free and clear of any and all lien, restrictions, reservations, security interest
eneunmbanecs and claims ofolls m.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting front the perfoaamca of such work.
This release shall apply even in the event of fault of negligence of the pany released and shall cmund to the
directors, officers and cmployccs of such pany.
The Seller's contractual obligations, including warranty, shall nor be dcemd to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PAT ENT S.
Whenever the Seller is required to ass any design, device, material or process covered by letter, patent, trademark
of copyright, Ibc Seller shall indemnity and save harmless the Purchaser from any and all claims for infringement
by reason of file use of such pmeated design, device, material or process in connection with the contract, and
,],ull indemnify the Purchaser for any cost, expense or damage which if may be obliged to pay by reason ofsuch
infringenwnt at any time during The prosecution or alter the completion of the work. In case said equipment, or
say pan thcmof m the intended use of file goods, is in such suit held to constitute infringenant and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for die
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninfringing cquipnlenl, or nidify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignmen, Tort the bcnefif 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 offer is used or the interpretation ofthe agreement unit the rights ofull parties hereunder shall be
construed under and governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including the s•rvices of Sellers Rcprescntativc(s), on rile Premises of ,,hen.
17. SELLERS RESPONSIBILITY.
The Scllcr shall carry on 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 Scllcr', final completion and
acceptance, complete the wok at Sellch own u,q,,o a and to the snisflakm of do, Purchaser. When materials
and equipment are furnished by others for installation or erection by the Scllcr. the Sella shall receive, unload,
store and Inandlu same at the site and become respomible therefor as dnough such materials and/or equipment
were being famished by the Seller under the order.
Id. INSURANCE.
The Seller shall, at his own expense, provide for the payment of uorkcm compensation, including occupational
disease benefits, to its employees employed on or in connection with the work coverd by this purchase order,
and/or to their dependents in accordance with the laws ofthe state in which the work is to be done. The Seller
shall also tarty conmprc ualove general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least S300,000 for any one person, $500.000 for any
one accident and properly damage limit per accident of S400,000. The Scllcr ,hall likewise require his
eounuetors, if any, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors
employees shall do any work upon the premises ofothers, the Scller shall furnish the PumhasR with a cenificme
that such compensation and insurance have been provided. Such ecnificma shall specify the date when such
compensation aad inwmncc have been provided. Such cenificates shall specify the date when such compensation
and insurance expires. The Scllcr agras that such Coapcnwtiun and insurance shall be maintained until after the
entire work is Completed and accepted.
19. PRO'1'EC'I'ION AGAINST ACCIDENTS AND DAMAGES.
The Scllcr heroby assunna the eai« responsibility and liability for any and all dmoagq loss ter injury ofany kind
or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase oderor in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of file Purchasers officers, .gent aad cmployccs from and again,, any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to perms or propcny to which the Puruhaser may
be put or subject by reason of any act, clion, neglect umission or default on file pan ofthe Seller, any of his
contactors, or any of the Sellers or contractors officer, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason ofany act, uclion, neglect, omission or default of the Seller of any of his contractors or any of its or
their ollicels, agents or cmployccs 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 toss,, charges, mumeys lees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaxr or any of its or their olliccn,
agents or employees in such suits or other proccdings, and in sax judgment or other lien bd placed upon or
obtained against the property of the Purchase,, or said panics in or as a .oil ufsuch suits or other procttdiugs,
the Sella will at once cause the same rut be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all gourds necessary for the prevention of
accident,, comply with all laws and regulations with regard to safely including, but without limitation, the
Occupational Sulay and Hcallh Act of 1970 and all ml" and regulations issued pursuant thereto.
Revised 0311010