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HomeMy WebLinkAbout172842 XEROX CORPORATION - PURCHASE ORDER - 9120684 (2)PURCHASE ORDER PO Number Page City Of///��� 9120684 1 of z t Collins This number must appear on all invoices, packing slips and labels. Date: 03/13/2012 Vendor: 172842 Ship To: POLICE DEPARTMENT XEROX CORPORATION POLICE SERVICES PO BOX 7405 2221 TIMBERLINE ROAD PASADENA California 91109-7405 FORT COLLINS Colorado 80525 Delivery Date: 02/01/2012 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 Ordered Extended Price 4 Addendum to PO# 9120684 1 LOT EA 1,685.10 Copier Lease Payments for 2012 for Xerox Model WC5638 Copier, Serial# WRT-034456 located in Dispatch area at Police Services facility. Includes Base Lease payments plus estimated Print Charges. Replaces 2011 Blanket PO# 9110354. Line 4 replaces Line 3, which was closed on 03/12/12, with amount of open balance of $1,685.10. 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 $1,685.10 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt Term state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000597 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 men 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 M written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival 11. NONWAIVER. Pnilate of the Purchaser to insist upon strict perfornmce of the terms and conditions hereof, mi lure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event urn breach, the acceptance ofor payment for goods hereunder or approval ofthc design, shall not release the Seller of any critic warn am or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hercofor any of it rights or remedies as many such goods. regardless of -when shipped. received or accepted, as to any prior or subsequent default hcrcunder, nor shall any purported real modification or rescission of this purchase order by the Purchaser opemte as a waiver of any of the terms hemef. Final Acceptance. Receipt of the mcmhandise. 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 actual economic practice overcharges resulting from antimst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations ate 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 nmv have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St, Fort Collins, CO 90522. unless acquired under federal or state animist laws for such overcharges relating to the particular good or services otherwise specified oa this order. If permission is given to prepay freight and charge scommely, 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 manuficrum s have distributing pain¢ in various pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the "peeled been the mmrest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs m,orimcd wilh such week. Permits. Seller shall pmeure at sellers sole cost all ncaemmy permits, certificates and licenses required by all applicable Ines, regulations, ordinances and rules critic state, municipality, territory 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 fmm 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 panics to this contract agree that the representatives arc. 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 terms and conditions stated herein set forth and any supplementary or additional toms 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 ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance ofpartial laic deliveries, shall operate as a waiver ofthis 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 damages as a result of delays due to causes not reasonably fnmsceable which am beyond its reasonable control and without its fault ofnegligrace. such act, of Grid, acts ofeivil or military authorities, gnverrowmal priorities, fires, strikes, Bond, epidemics, won 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 delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable dmwings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmlcm from any log,, damage or expense which the Purchaser may suffer or incur oa account of the Scllcrs breach of wammty. 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 as may be prescribed by law or by the toms 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 fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchasershall not constitute a waiver ofany claim older this warranty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach crony of the foregoing wamntics or guamntces, but such liability shall in no event include loss nfpmfits or Tors 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 tans by wrincn 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 gwntiticz originally ordcmd in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of perfnmancc hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall or 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 of the Seller with respect to any good which arc the Scllcrs standard stock. No such termination shall relimc the Purchaser at 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 fmm the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller 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 good arc subject. 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 agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hemlem form all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order. or any monies due or to bccomc due hereunder without the poor written consent tribe other party. 10. TITLE. The Sellem amnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothen. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature rc.,ulling from the performance mCsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the direction, officersand employees ofsuch party. The Seller's contractual obligations, including wamary, shall not be deemed to be reduced, in any way, because such unrk 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 contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch 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 Seiler shall. at its own expense and at its option, either Feature for the Purchvur the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it bccomi noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the hencht of creditors. appoint a receiver or tmstec for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems lived at the interpretation ofthe agreement and the rights trail panics hereunder shall be crtnstruN under and governed by the Imes ofthe State of Colorado. USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder, including the services of Selien Representative(s), on the premises ofothen. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers 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 Selves own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller, the Sellershall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IR. INSURANCE. The Seller shall. at hi, non expense, provide for the payment of -workers, cnnrpen. ation, 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 he done The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public linbilily insurance with bodily injury and death limits of m ]cast S300,000 for any one pconn. S500,000 for any one accident and property 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 Sellers or his contractors employees shall do any .work upon the premises ofethers. the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date where such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compcnsation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby as. umcs the entire responsibility and liability for any and all damage, loss or injury of env kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmlcc the Purchaser and any r all of the Purchasers officers, agent and employee's 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 net, action. neglect. omission or default on the pan critic Seller. any of his contractors, or any of the Scllcr or contractors officers, agents or employees. In case any suit or other pmccedings shall be brought against the Purchaser, or its oRmen, 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 as. eras. the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all crisis, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained Tiniest the Purchaser or any of its or their officers, agents or employees in ouch suits or other proceedings and in case judgment or other lien he placed upon or obtained against the prepcny of the Purchaser, or said panics in or as a result of such suits or other pmccedings. the Seller will at once cause the same to be dissolved and diwhzrged by giving bond or otherwise. The Seller and his commeors shall lake all safety precautions. furnish and install all guards necessary for the prevention of accidents, comply with all larva and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all talcs and regulations issued pursuant therem. Revised 0312010