HomeMy WebLinkAbout172842 XEROX CORPORATION - PURCHASE ORDER - 3212264 (3)City of
F,.6rt Collins
PURCHASE ORDER
Date: 05/21/2012
Vendor: 172842
XEROX CORPORATION
PO BOX 7405
PASADENA California 91109-7405
PO Number Page
3212264 10f3
This number must appear
on all invoices, packing
slips and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
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 Extended
Ordered Price
2 Addendum to PO# 3212264
Add Xerox WC7545P Copier
1 LOT LS
1,999.80
For one (1) Xerox WorkCentre WC7545P Mulifunction Copier/Printer System, Serial #: TBD.
Location: City of Fort Collins Utilities -Water Meter Shop @ 700 Wood Street, Fort Collins, CO 80521.
Lease Term: Sixty (60) months.
Base Monthly Lease Charge: $166.65 (Price fixed for term of lease).
Includes: -0- B&W and 500 color prints per month.
All Prints: $0.0055 for B&W
$0.0650 for Color (over 500)
Consumable Supplies included in print rate.
Includes Trade -In of (1) Sharp MX3501N, Serial #
Pricing per Cherry Creek School District Contract # 072470900
and PDS Proposal.
Addendum authorized per Requisition # 41993.
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,
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill 11, 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
City Of3212264 2 of 3
t CollinsCThis number must appear
" on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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.
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:
City of Fort Collins
$1,999.80
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Ternls and Conditions
Page 3 of 3
1. COMMERCIAL DETAILS.
Tux 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 Tan Exemption Ccnhftcate of Registry 84-6000587 is rmgistcrcJ with the Collector of Failure of the Purchaser to insist upon strict perlonuancc of the terms and conditions hereof, failure or delay rn
internal Revenue, Denver, Colored. (Ref. C.lomdo Revised Slaloms 1973, Chapter 39-26, 114 (a). exercise any rights or nnncdics provided herein or by law, failure to promptly testify the Seller in the event of to
breach, the acceptance ofor payment fur goods hereunder or approval of the design, shall not release the Seller o1'
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to deticts of any at'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 file replaced except upon rcecipt of written purchaser to insist upon strict pedonnunec hcrcofor any of its rights or renedies as to any such goods, regardless
instructions from the City of Fun Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpomd
0.1 modificaion or rescission or this purchase order by the Purchaser opcmte as a waiver of any of the tents
Inspection. GOODS are subject to the City of Fon Collins inspection on arrival. hereof.
Final Acceptance. Receipt of the nerehandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
uuthodzd payment on the pan of the City of Too Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as Consideration for executing this
purchase order, fhe Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Teats. Shipments must be F.O.R., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under f t%lcral or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. It permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Pun:huxr pursuant to this purchase order.
bill mat accompany invoice. Additional charges for picking will not be occupied.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted franc Invoice when
shipments are made from greater distance.
Permits. Seller shall procure ul sellers sole cost all necessary permit certificates and licenses required by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the stud is performed, or r,uimd by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hod the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of on asserted or established violation of any such Iowa, regulations, ordinances, rules
and requirement,.
Authorization. All panics to this contract agree that the representatives are in fact, boom title and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS This Purchase Lahr expressly limits acceptance to the terns and conditions sated
heroin set forth and any supplementary or additional terns and conditions annexed hereon or incurpurand herein by
reference. Any additional or dill mat terms and conditions proposed by seller an objected to and hereby rejected.
'_. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as nood. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the daummicts anached lhercto. No acts of the Purchasers including, without
limitation, acceptance ofpanial late deliveries, shall operate as a waiver Millis provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable rcnmcdics, 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 dduys
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such act of God, lies of civil or military authorities, governmental priorities, fires, 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 of any such delay, the date of ddively shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller wand s that all goods, unifies, materials and work covered by this order will conform with applicable
drawings, specifications, samples anchor other descriptions given, will be Et for the purposes intended, and
perforated with the highest degree of cure and competence in accordance with accepted standards Ivor work of a
similar nature The Seller agrees to hold the purchuscr harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. 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 teas ofany applicable warranty provided by the Seller alter the date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from impeded
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver ofany claim under this warranty. 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 warranties
or guarantees, but such liability shall in no count include loss of pmtia or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FTI NESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terns by written chine order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions front
the quantities originally ordered in the specifications or drawings, by verbal or wrincn change order. If any such
clvtnge affects the amount due or the time ofperformmce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
'Ihe Purchascr may at any time by written change order, houinae this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in
progress pmvidcd therm the Purchascr shall nor be liable for any cirrus for sanctioned profits oat the uncompleted
portion of fhc goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect 1. any goods which arc the Sellers standard stock. No ouch cenninaio n ,hull relieve
the Purchaser or the Seller ofany oftheir obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mast be asserted within thiny (30) days from the date the change or certification is
cohered.
S. COMPLIANCE WITH LAW.
The Scllcr saanans that all guar sold hereunder shall have been produced• sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and
deliver such documents as may be required to eticf orevidence compliance. All laws and regulations required to be
incorporated in agreements of this character arc hereby incorporated herein by this reference. 'file Scllcr ugrus to
indemnify and hold the Purchascr harnilcss from all crisis and damages suffered by the Purchaser as it 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 wrincn consent of the other pany.
10. TITLE.
The Seller warmms full, dear and unrestricted title To the Purchaser for all equipment, materials, and items furnished
in performance of this agreement, free and clear of any and all lions, restrictions, rewnations, security inerest
encumbrances and chains of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser dimcts the Seiler to coned nonconforming or defective goods by a date to be agreed upon by the
Purchascr and the Seller, and the Seller thereafter indicates is inability or unwillingness to comply, the Purchaser
may cause the work to be pcAomud by the inner expeditious memo available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall relcasc the Purchaser and its contractors of any net front all liability and claims of any nature
resulting tram the performance ofsuch 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 employees ofsuch pity.
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.
Whcncver the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Scllcr shall indnnnif) and save harmless the Purchaser from any and all claims for infringement
by reason ul'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 cartage which it may be obliged to pay by reason ofsuch
infringement at any time during the prosecution or alicr the completion of the stork. In case said equipment, or
any pun thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or pun is enjoined, the Seller shall, at its own expense and at its option, either practice for the
Purchaser Ile right to continue using said equipment or pans, replace the same with substantially equal bur
inamnliinging equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY,
If the Seiler shall becoure insolvent or batkmpl, make as assignment for Ibc bvient of credit.., appoint a
receiver or trustee for any of the Sellers property or busing», this order may forthwith be canceled by the
Purchaser without liability.
if. GOVERNING LAW.
The definitions after.,, used or the interyreation at the agreement and the rights ofull parties hereunder shall be
consumed under and governed by the laws of fhc State of Coloado, USA.
The following Additional Conditions apply only in cl,. whore the Seiler is to perfoon work hereunder,
including the services of Sellers Repusentafive(s), on the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall curry on said work at Sellces own risk until the sane is fully completed and accepted, and shall,
in case of any accidcal, destruction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Sellds own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle &Line at the situ and become responsible therefor as though such materials and/or equipnwnt
were being furnished by the Seller under flie order.
IS. INSURANCE.
The Scllcr shall, at his on expense, provide fur the payment of worker conmpolitician, including occupational
disease benefits, to its entployces 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 be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least S300,000 fur any one person, S500,000 for any
one accident and property dmnuge limit per accident of $400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insumme. Before any of the Scllcr or his contractors
cmpl.yccs shall du any work upon the pw.,iws c f others, the Seller shall furnish the Purchaser with a Cenificate
that such congnasmion and insurance have been provided Such certificates shall specify the date when such
compensation and insurance have been provided. Such ceniticates shall specify the date when such compenwliun
and committal, c.xpi r,.'I'he Seller agrees that such conopensuawn and insurance shall be mainwincd until alter fhe
entire work is completed and accepted.
19. PRO 'I'EC'Ilf/N AGAINST ACCI DEN I AND DAMAGES.
The Set let hereby assumes the entire respunslbi fly and liability for any and all dmnuge, loss or injury of any kind
or nature whasoc,er to persons or property caused by ur resulting front flue execution of the work plot Well In, in
this purchase order or in connection herewith. 'I he Seller will indcmni fy and hold hannlcss the Purchaser and any
or all of the Purchasers officers, agent, and vnmpleyees from and against any and all claims, losses, dunnage,,
charges or expenses, whether direct or indirect, and whdhcr to persons or pmpeny to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the pan of fhc Seller, any of his
contactors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
procedings shall be brought against the Purchascr, or its ollicen, 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 ollicen, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the sane m the Sellers mvn expense, to pay any and all Boss, charges, attomcys fie and other expenses,
any and all judgnants that may be incurred by or obtained rgainm the Pumhuscr or any of its or their office,,,
agents or entployces in such suits or other proceedings, and in case judgment tic calm, lien be placed upon or
.blamed against the property ofthe Pumlutsc, or said parties in or a, a result of such suits or other procedings,
the Scllcr will at mace cause the same to be dissolved and discharged by giving bond or uthcnvise•. The Scllcr and
his contractors shall take all safety precautions, furnish and install all guards accessary for the prevention of
accidents, comply with all Imes and regulations with regard to safety including, but without limitation, be
Occupational Sally and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 032010