HomeMy WebLinkAbout172842 XEROX CORPORATION - PURCHASE ORDER - 9122231Fort Collins
Date: 04/18/2012
PURCHASE ORDER
Vendor: 172842
XEROX CORPORATION
PO BOX 7405
PASADENA California 91109-7405
PO Number Page
9122231 tof4
This number must appear
on all invoices, packing
slips and labels.
Ship To: FORT COLLINS SENIOR CENTER
CITY OF FORT COLLINS
1200 RAINTREE DRIVE
FORT COLLINS Colorado 80526
Delivery Date: 04/18/2012 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Xerox WC7556P Copier Lease
Payments for 12 Months
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
1 LOT LS
2,777.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
City. of PURCHASE
9122231 2 of a
CThis number must appear
F6rt Collins1 on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
For one (1) Xerox WorkCentre WC77556P Mulifunction Copier/Printer System, Serial #: TBD.
Location: City of Fort Collins Senior Center @ 1200 Raintree Dr., Fort Collins, CO 80526.
Lease Term: Sixty (60) months.
Base Monthly Lease Charge: $231.41 (Price fixed for term of lease).
Includes: -0- B&W and -0- color prints per month.
All Prints: $0.0055 for B&W
$0.0650 for Color
Consumable Supplies included in print rate.
Includes Trade -In of (1) Xerox WC7655P, Serial# VDR541840
Pricing per Cherry Creek School District Contract # 072470900
and PDS Proposal.
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 available for the
payments required under this Lease by reason of non -appropriation or non -availability of funds as set forth
above.
2 Estimated Print Charges
for above Xerox Copier
1 LOT LS
For above Xerox WorkCentre WC7556P Mulifunction Copier/Printer System.
All Prints: $0.0055 each for B&W
$0.0650 each for Color
Consumable Supplies included in print rate.
To be invoiced quarterly. Prices fixed for term of lease.
Pricing per Cherry Creek School District Contract # 072470900
and PDS Proposal.
Please fax purchase order to the attention of Tim Monq at 970.204.6937
Cam, c3. oi�-es�
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
Total
Invoice Address:
3,360.00
$6,137.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
City Of 9122231 s of a
' `t Collins This number must appear
on all invoices, packing
slips and labels.
2. Oi'1.�s2�e_
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 Terms and Conditions
Page 4 of 4
I. COMMERCIALDETAILS.
Tax exemptions. 0y Statute the City of Fort Collins is exempt fmm state mid local taxes. Our Exemption No fiber is 11. NONWAIVER.
mi-0H502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser In insist upon strict Performance of the terms and conditions twoor. fit urc or delay to
Owned Revenue, Denver. Colorado (Rd: Colorado Revised Statues 1973. Chapter 39-26. 114 (a). exercise in, rights or remedies provided herein or by Inv, failure to Promptly notify the Seller in the event of a
breach the acceptance efor payment for goods 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 warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be rcmmed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict Performance hercofor any of its rights or remedies as to anv such goods, regardless
instructions from the City of Fart Collins. of when shipped, rcmivcd or accepted, as to any prior or subscgmud default hereunder, nor shall any purported
and modificrlion or rescission of this Purchase order by the Purchaser operatc as a waiver of any of the terms
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 in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. However. it is to be understood dirt FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting front antitrust
ACCEPTANCE is dependent upon completion afall applicable required inspection porcedurcs, violations are in fact borne by the Purchaser. T'Iwreactorc, for good cause and as considention for meaning [his
purchase Order, fire Scllcr hcrcbv 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 80522, unless acquired under federal or state antitrust laws far such overcharges relating to the particular goods Or services
otherwise specified on this order. If pcmuimum is given to prepay freight and charge separately, the original freight purchased or acquired by the Puchaser pursuant In this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct aoncanf ruing or defative good, by a date to be agreed upon by [he
expected factor the nearest distribution point to destination, and excess freight will be deducted from Invoice is hell Purchaser and the Seller, and the Scllcr thereafter indicates its inability or unwillingness to comply. the Purchaser
shipments are made Form greater distance. may cause the work to be performed by the mosl expeditious means available to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure a[ sellers sole cast all necessary permits, eenificates and licenses required by all
applicable laws, regulations, ordinances and mles of the 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 hamlex fmm and against all liability and less
incurred by them by reason of an asserted or established violation of any such Incas, regulations, ordinances, rates
and retiomments.
Amhoriza ion. All panics to this concoct agree that the representatives are. in fact. bona fide and p wsca full and
complete authority to bind slid parties.
[.IMITATION OF TERMS. This Purchase Order expressly limits acceptance to the [ems and conditions stated
herein set forth unit any supplementary or additional terms and conditions annexed hash, or incorporated herein by
reference Any additional or different terms and conditions po porsed by seller arc objected [o and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if yen cannot make complete shipment to arrive on your
promised delivery date as noted. Time is airline essence. Delivery and Performance must be effected within the time
stated on the purchase nrdcr and the documents attached harem, No acts of the Purchasers including, without
limitation. acceptance of partial late deliveries, shall operant: as a waiver of this provision. In the event of any delay,
the Purchaser shall have, m addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Scllcr shall not be liable for damages os a result of delays
due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault Of negligence.
such acts of God, acts ofeivil or military' authorities, governmental priorities, fines, 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 Ron received knowledge thereat. In the event array such delay, the date of dclivcry shall be
extended for the period equal to the time actually lost by reason afthe delay.
3, WARRANTY.
The Scllcr wamnt that all grad. articles, materials and work covered by this order will court. with applicable
drawings, specifications, samples and/or other descriptions given, will be fail for the purposes intended, and
performed with the highest degree of cam, and competence in accordance with accepted standards for vv ark of a
similar nature. The Seller agrees to hold the purchaser harmless free, any toss, damage car expense which the
Purchaser mov suffer or incur on account of the Sellers breach of warranty. The Scllcr shall replace, repair Or mnkc
good, without cost to tilde Purchaser, any defects Or faults arising within one ( II year or within such longer period of
time as may be prescribed by Inw or by the terms array applicable warranty provided by the Scllcr after the date of
acceptance of the good furnished hercunda (acceptance not to he unreasonably delayed), resulting front imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver cony claim under this warranty. Except as otherwise pmvidcd in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing vvommies
or guarantees. but such liability shall in no event include loss ofpmfits or loss of rise. 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 written change order.
5. CHANGES IN COMMERCIAL TERMS,
The Purchaser may make any changes to the tents, other than legal terms, including additions to or deletions from
the quantities originally Ordered in the specifications or drum ings, by verbal or written change order. If any such
change affects the amount due or the time ofpafomtance hereunder, an equitable adjustment shall be made.
6. TMIINATIONS.
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 not be liable for any claims for anticipated profits on the uncompleted
portion critic goods and/or work, for incidental or consequential damages, and [hit no such adiustment be mnde in
favor afire Seller with respect to any good which arc the Sellers standard stock. Nu such terminalion shall relieve
the Purchaser or the Seller array 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.
R. 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 lams and regulations to which the goods 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 arc hereby incorporated herein by this reference. The Seller agrees to
indcmnify and hold the Purchaser hamlcss from all cost, and damages suffered by the Purchaser as a result of the
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 critic other parry.
10. TITLE.
The Seller waltz full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished
in perfommncc of this agreement. free and clear of any and all liens, restrictions, serrations, security interest
encumbrances and claims Of others.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the perfommncc 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 cmplovccs 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 perforated by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design. device, material or process eovewd by letter. patent trademark
or copyright, the Seller shall indcmnify and save harmless the Purchaser from any mud all claims for infringement
by reason of the use of such patented design, device, material or pmeess 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 pan Immof or the intended use of the goods. is in such suit held to constitute infrinecmcal 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 mid equipment or pans, replace the same with substantially cant] but
noninfringing 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 tiny 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 or the interpretation ofthc agmement and the rights ofall panics hereunder shall be
construed under and gavemed 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(%), on the premises o(mhers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry an said work at Seller's own risk until the same is fully completed and accepted, and .shall,
in case of any occident destruction or injury to the work and/or materials before Scllcrs Rna1 completion and
acceptance, complete the work at Seller's no expense and to the satisfaction of the Auchasor. When materials
and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive, unload,
,into and handle .me at the site and become responsible therefor as though such materials and/or equipment
were bring furnished by the Scllcr under the order.
18. INSURANCE.
The Scllcr shall, at hi, mvn expumc. provide for the payment of workers compensation, including occupational
disease benefit,. to its employees employed on or in connection with the work covered by this purchase order.
and/or to their depcndems in accordance with the lams 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, insinuate with bodily injury and death limits of at ]cast S300.006 for any one person. g500,000 for am,
One accident and Property damage limit per accident of S400,00f1. The Seller shall likewise require his
contractors. if any, to provide for such compensation and insurance. Before any of the Seller% or his eommoom
employees shall do any work upon the Premises OF others. the Seller shall furnish the Purchaser with a certificate
that such compensation and insurance have boom provided. Such certificates shall specify the date when such
ontpcnsntion and insurance have been pmvidcd. Stich cenificams shall specify the date when swh compensation
and insurance expires. The Seller agrees that such coorwasalina and insurance shall be maintained until after the
entire wark is ennuplemd 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 ofany kind
or nature whmsocvcr to persons or pmperty caused by or resulting fmm The execution ofthe work provided for in
this purchase enter or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and cntployccs fmm 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 nine
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 snit or other
pmcmxlings shall be brought against the Purchuseq or its officers, agents or cntployccs at any time on account or
by reason array act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their nlfccn, agents or cmplovccs as aforesaid. the Scllcr hereby agrees to assume the defense thereof and to
defend the same it the Sellers own expense. to Pay any and all cost%, charges, attorneys furs and mhcr expenses.
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their of cem
agents or employees in such suits or other pmcmlings, and in case judgment or mhcr lien he placed upon ar
obtained against The property of the Purchaser. unsaid parties in or as a result of such suits or other proceeding,,.
the Seller will at Once cause the same to be dissolved and discharged by giving bond or chemise. The Seller and
his centimeters ,hall lake all safety precautions, furnish and install nil gnards necessary for The prevention of
.accidents. comply with all laws and regulations with regard to safety including. but without limitation, The
Occupational Safety and Ifiedth Act Of 1970 and all rules and regulations issued pacsurat Thereto.
Revised 03/2010