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HomeMy WebLinkAbout113589 XEROX CORPORATION - PURCHASE ORDER - 9150391Fort Collins Date: 01/15/2015 Vendor: 113589 XEROX CORPORATION PO BOX 660502 DALLAS TX 75266-0501 PURCHASE ORDER PO Number Page 9150391 1of3 This number must appear on all invoices, packing sli i and labels. Ship To: COMMUNITY DEV & NEIGHBORH CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 01/15/2015 Buver: ED BONNETTE 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 1 Lease payment 1 LOT LS 5,800.00 for Xerox P4595CP Copier/Printer System, Serial #: FBG961008 Location: City of Fort Collins -Neighborhood & Building Services Department (Atrium), @ 281 N. College Ave., Fort Collins, CO 80524 Lease Term: Sixty (60) months. Base Monthly Lease Charge: $485.36 Includes: -0- B&W prints per month. Pricing fixed for term of lease. Per Xerox Lease Agreement dated 06/17/09 and Professional Document Solutions (PDS) Proposal. 2 Print charges 1 LOT LS for above Xerox P4595CP Copier/Printer System, Serial #: FBG961008 Location: City of Fort Collins -Neighborhood & Building Services (Atrium), @ 281 N. College Ave., Fort Collins, CO 80524 Cost per Print: $0.006 for all black & white (B&W) To be billed quarterly. Estimated monthly useaae: 23.000 Drints City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 3,200.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9150391 2of3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Includes all service & supplies (except paper and staples). Per Xerox Lease Agreement dated 06/17/09 and Professional Document Solutions (PDS) Proposal. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 Pay terms net 30 days 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. COMMERCIALDFTAR1 . Tax excmptiom. By whit the City of Fog Collins is exempt fmm state and local coma. Our Exemption Number ¢ 11, NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000581 u regisseml with the Collector of Failure of the Purchaser to insist upon sleet pert of the target and coup ifima hrranf, f ftem or delay to Integral Revenue, Deaver, Colorado (Ref. Colorado Revised Sources, 1973, Chapter 39-26, 1141.). exercise any rights or mmdies pmxidd herein or by law, Outage to promptly notify We Seller in the event of a breach, the srceptagca ofor payment for goods hereunder or appmtal of the design, shall MI retain, the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defcts of any of the warmongers or obligations of this purchase order it shall not be deemed a waiver of any right of the damage in amid, may be gemmed to you for credit and are not to be replaced except upon recript of wrine r purchaser to insist upon start psafomague hereofor any of its rights or remdie, as to any such goods, regardless imm coons from the City affair Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, am shall any purpwged oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of port Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12.ASSIGNMENIOF ANTITRUST CLAIMS. authodaed payment on the pug of the City of Fog Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual a mit practice, overcharges resulting bring antitrust rofor ACCEPTANCE is dependent upon completion c rill applicable rquirm inspection procedures. Thmfo good cause and as consideration for executing this violations are in fact home by the Purchaser. erere purchase order, the Seller hereby assigns to the Purchaser any sad all claims it may now have or hereafter Freight Terms. Shipments mast be F.O.B., City of Fort Collins, 700 Wood Sc, Fag Calling, CO 80522, unless acquired under fWrral or shire imaging laws for such overcharges relating to the particular goods or services otherwise specified on this older. If pmnicaion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bit most accwmpanv image. Additional chances for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment, is expected fmm the nwrest distribution point to destination, and excess freight will be, deducted frvm Invoice when shipments am made fmm greater character. Permits. Seller shall procure at sellers sole cost all necessary permits, conafrcatm and licenses required by all applicable laws, regula0em, ordinances and roles of the state, municipality, mrralory or political subdivision where the work is perforated, or required by any other duly consrimted public authority having jurisdiction over the work of vendor. Seller higher agrees to hold the City of Fan Collins Foci from and againm all liability and loss incurred by them by reason of an asserted or establishal violation of any such laws, regulations, ordinances, rates and requirements. Authorization. All parties m this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Drdcr expressly limits acceptance to the mans and conditions small herein set fngh and any supplementary or additional team and conditions arurcxd begin or incorporated herein by reference. Any additional or different tears and conditions preposW by artier me, objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediamly Wynn cannot male complete shipment m amve on your promised delivery data as pored Time is of the essence. Delivery mJ peR near inner be diriled wlfon the arm stated on the purchase order and the documents matched hereto. No acts of the Purchasers including, without hm adios, acceptance afraid.] late deliveries, shall operate as a waive, of mix provision, In the event Many delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this oNer elsewhere and holding the Seller liable for damages However, the Seller shall not be liable for damages as a result ofd,[.ys due to coasts not reasonably foreseeable which vat beyond its reasonable control and without its fault of negligence, such six of God, acts of ivil or mi limry, authorities, govemmwml prionties, fires, sakes, flood, epidemics, wars m Rots provided that notice of the coodumal causing such delay is given to the Purchaser within five (5) days of the time when the Seller Best 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 Imt by grown ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this oiler will conform with applicable drawings, specifications, samples and/or other description given, will be fit for the purymes intended, and performed with the highest degree of care and cwnpemnre in accordance wire accepted standards for work of a somata, cow¢. The Seller agrees to hold me purchaser homeless from any loss, damage or a.,. which me Purchmcr may suffer or motion acrount of the Sellers breach of wamnry. The Seller shall replace, repair or make god, without cost to the purchaser, any defects or faults arising within one (1) yair or within such longer peril of time as may be prescribed by law or by the gams of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not be unreasonably delayd), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or me of goods by the Purchaser shall not constitute a waiver of my 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 va arraws or guarantees, but such liability shall in no event include loss ofprofits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Northeast may make changes to legal terms by comma change odea. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to me tams, other than legal mats, including additions to or delctinm fmm the quamitics originally ordered in me specificatiom or drawings, by v,mal or wages change ardor. If any such change affeca the amount due or the time ofperf ante hereunder, an equitable adjustment shall b<made. 6. TERMINATIONS. The Purchaser may at any time by wdnen change order, maminate this agreement as to any or all potions of the goods then not shopped, subject to any equitable adjustment between the parties as to any work or muaeaala then an progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ol'the goods and/or work, for incidental or consequential damages, and that no such adjustment ba made in favor of the Seller with respect o any goods which are the Sellers standard snick. No such secularism shall relieve the Prmhumr or the Seller ofany of their obligations as to any goody delivered hereunder. I. CLAIMS FOR ADJUSTMENT. Any claim for agreement most be asserted within thirty (30) data tom are date the change or amahmtion is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hertwder shall have been produced, sold, delivered and fumishd in strict compliance wire all applicable laws and reading. to which the goods — subj-L The Seller shall execute and deliver such documents res maybe required to effect or evidence compliance. All laws and regumtiom required to be incorporahed in agreements of this chaste, art hereby incorporated herein by this reference. The Seller agree to indemnify and hold the Purchmer harmless from all casts .nit damages sufferd by the Purchaser as a result of the Sellers failure m comply wire such law. 9. ASSIGNMENT. Neither paay shall assign, aamfeq in convey This order, or any monies due or to become due hereunder without the prior wa ten consent of the oNer Party. 1). TITLE. The Seller warrants full, clear and accentuated title to the Purchaser for all equipment, mucrialb, and items fumished in mli mane of this agreemm. free and clear or any paid MI loam, restrictions, reservations, security interest encumbrances and claims of orders. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to rearm nonconforming or defective goods by a date to be agred upon by the Pmcbaser and the Seller, and One Seller therrofler indicates its stability or unwillingness an comply, the Purchaser may cause the work to be performed by me most expeditious means available to it, and the Seller shall pay all rods associated with such work. The Seller shall release the Purchaser and its commemrs of any tier from all liabiliry and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence ol'the pay released and shall extend to the directors, officers and employees crouch parry. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or causal to be pttfomW by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark r copyright, the Seller shall indemnify and save harmless are Purchaser from my and all claims for infringement by reown of the use of such patented design, device, material or process in comection with the rontmct and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by mason of such management at any time during the prosecution or after the complains of the work. In cam said equipment, or any pan thereof or the intended me of the goodl is in such suit held to constitute impingement and me use of said equipment or pat is enjoined, the Seller shall, et has own expense and at its option, rimer procure for the Purchaser the right to continue it, said equipment or pans, Replace the same with substantially equal but mminfringing equipment, or modify it so it becomes mainpinging. IS. INSOLVENCY. If the Seller shall become insolvent or bankmpl, make an assignment for the benem of odium, appoint a receiver or comma for any of she Sellers property or bro mess, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of mum used or the antttpmems. of the agreement ad the rights ofail ponies hereunder shall be comtmd maker and governed by the laws of the StzRe of Colomdo, USA. The following Additional Conditions apply only in cases whom the Seller is b perform xsmrli Remainder. mcluding the services of SellersRsymaenmtive(s), cn the premises of.tthers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own ask until are same is fully completed and accepted, and shall. in e of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, cemplem the work al Sellers own expense vnd to the satisfaction of the Purchaser. When matedMs and equipment are fumished by others for instillation or erection by the Sell,,. the Seller shall receive, unload, store and handle some at the site and became responsible therefor as though such materials and/or equipment were being fumished by the Seller under the order. 18. INSURANCE. The Seller shall, as his nun expcnx, provide far the payment of workers compensation, including eccupmimal disease benefits, to its employees employed ov or in connection with she work covered by Out purchase order, and/o, to Near depsadenm in accordance wire Ne laws of the score in which the work is m W time. The Seller shall also army comprehensive general liability indudin& but not limited to, mmmcnul and automobile public liability imwance with bodily injury, al dorm limits of at least 5300,O00 for my one pacing, 5500,000 for any accident and property damage limper it accident of 54Ta t e Seller shall likewise require his ommemrs, if.ny, to provide for such compensation and immnce. Before any of Ne Sellers or his contemner employees shall des any work upon me incomes of others, the Seller shall famish the Purchases with a cronficme that such compensation and insurance have been pmvided. Such cenifcates shall specify are date when such compensation and insurance have been provided. Such aedificoms shall specify the data when such compensation and insurance expires. The Seller agrees that such a m armMum and insurance shall be maintained until after the cargo work is complete and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby mmmn the entire responsibility and liability for any and all damage, loss or injury ofany kind or cmture whatsoever to parsons or property, camel by or resulting tram the execution ofine work provided for in Nis purchase order or in connection herewith. The Seller will indemnify and hold harmless are purchaser and any in all of me Purchasers a0icers, agents aad employees firm and agatmt any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to permit or property to which the Purchaser may Ix, par of subject by reason of any act, action, neglect, omission or default on the part ofine Seller, any of his rourramors, ar any of the Sellers or ..a officers. agents or employces In woe any stria or oher praverarm s shall be bmu dr, against the Purchaser, or its oMem, agents or employees at any time on account or by reason or my act, action, neglect, omission or default of the Seller of my of his contractors or any of as or meta wirers, agents or employees as aforesaid, Ne Seller hereby vgrees to assume the defame flcrcof end to defend the same at the Sellers own expense, m pay any and all ems, charges, mAmeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oReers, agents or employees in such suits or other proceedings, and in case judgment or other lam be placed upon or obtained against the property of the Purchaser, or said ponies in or as a result ofsuch suits or other pmceedings, the Seller will al once cause the scone I. be dissolved vad dischergd by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fumlsh and install all guards necessary for the prevention of acNdena, comply with all taws and regulations with regard to safety including, but without limitation, the Occupaooml Sally and Health Act of I970 and all roles mad regulations issued pursuant memo. Revised 01/2014