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HomeMy WebLinkAbout113589 XEROX CORPORATION - PURCHASE ORDER - 3215370Fort Collins PURCHASE ORDER PO Number Page 3215370 1of3 This number must appear on all invoices, packing sli i and labels. Date: 01/23/2015 Vendor: 113589 Ship To: STREETS DEPARTMENT XEROX CORPORATION CITY OF FORT COLLINS PO BOX 660502 625 NINTH STREET DALLAS TX 75266-0501 FORT COLLINS CO 80524 Delivery Date: 01/23/2015 Buyer: 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 ctuanuty. UOM, Unit Price- Extended Ordered Prirtm 1 2015 ANNUAL PO STREETS XEROX W7835PT LEASE&PRINT CHG 1 LOT LS XEROX W7835PT (QTY 2) 48 MONTH LEASE @ $130.82/MONTH FOR STREETS DEPT, UNITS ARE RATED EPEAT SILVER. LEASE STARTS 1/29/15, ENDS 1/29119. B&W $0.0056, COLOR $0.0456. CONSUMABLE SUPPLIES INCLUDED FOR ALL PRINTS: PRICING FIXED FOR TERM. 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 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@fogov.com 4,200.00 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 3215370 2o13 his number must appear on all invoices, packing ell sand labels. Line Description Quantity UOM Unit Price Extended Ordered Price or non -availability of funds as set forth above. P14 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 Total 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 L COMMERCIAL DETAILS. Tax 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 Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notity the Seller in toe event of a breach, the acceptance of or payment for goods hereunder or approval ofthe 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 a 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 be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its tights or remedies as in any such goods, regardless instructions from the City of Fort Collins. of what shipped, received or accepted, an, to any prior or subsequent default hereunder, nor shall any Plagued 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 Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of ull applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration far executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Teems. Shipments most be FO.B., City of Fort Collins, 900 Wood St., Fart Collins, CO 80522, unless acquired under federal or sure antitrust laws for such overcharges relating to the Particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge sepammly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have dindbming points in do. puts of the country, shipment is Ifthe Purchaser directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by the expected from the naresr distribution Point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purtheser shipments are made from grater distance. may cause the work to he performed by the most expeditious means available to it, and the Seller shall pay all costs nsseciand with such work. Permit. Seller shall procure at sellers sole cost all necessary permits, certifatei and licenses acquired by all applicable laws, regulations, ordinances end tales of the state, municipality, anchor, or political subdivision where Ne 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 Part Collins harmless from and against all liability and loss incurred by them by reason of an aasened or established violation of any such laws, regulations, ordinances, rules and requirements. Aulhodmtion. All parries to this contract agree that the ap rrentutives me, in fact, harm fide and possess full and complete authority to bland said parties. LIMITATION OF TERMS. This Purchase Onler expressly limits acceptance to the terms and conditions cared herein set forty and any supplementary or additional terms and conditions annexed hereto or incorporated herein by referener. Any additional or dill nttems and conditions pmpoeed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you marmot it, complete shipment as wave on your promised delivery ate as noted. Time is of the essence. Delivery and performance must be tlldmed within the time stared on the purchase, order and the documents attached hereto. No was of the Purchasers including, without limitation, acceptance afpardal late deliveries, shall operate as a waiver ofthis provision. In the event army 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 damage., as a result of delays due to muses cot reasonably foreseeable which are beyond its reasormble mutual and without its fault of negligence, such acts of God, acts ofavil or military authorities, govemmmml pdarities, fires, sakes, Bond, epidemics, wars or piss provided that notice of the conditions causing such delay is given to the Purchaser within five (5) drys ache time when the Seller fro received knowledge theeof. In the event of any such delay, the dam of delivery shall be extended fro the period equal to fe time actually lost by remain ofew delay. 3. WARRANTY. The Seller warrants flat all goods, articles, materials and work covered by this under will monfonn with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of we and competence in accordance with accepted standards for work of a similar vature. The Seller agrees to hold the purchaser bmmless from any loss, damage or expense which the Purchaser may sufferer incur on account of the Sellers breach of warranty. The Seller shall replace, mparr m make good, without cost to the puahaseq any defect, or faults arising within one (I) year or within such longer peiod of time as may be prescribed by law or by the team army applicable warmnry provided by the Seller after the ate of acceptance of the goods forwshed hereunder faccepmnre not m be unreasonably delayed), resulting from impartial or defective .,it do. or materiaB ffirsbW by the Seller. Acceptance or use of goods by the Purchaser shall not continue a waiver army claim under this wamnry. Except as oherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximmmly eased by the breach of any of the foregoing wurrantim or guarantees, but such liability shall in no event include loss of pmfts or buss 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 mom by wri en change ruder. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other Nan legal terms, including additiam to or ddctions from the quantities originally ordered in the specifications or drawings, by verbal or without change order. If any such change affects the amount due or the time of,ab mince hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may st any time by widen change order terminate this irmar ant as to any or all portions of the goods then not shipped, subject to any equitable adjustment berwcat the parties as to any work or materials then in pmgcss provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Portion of fie goods =War work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect m any goods which are the Sellers stanard stock. No such memimnion shall relieve the Purchaser or the Seller of any afihcir obligationsa ro any local delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he assured within thins (30) days from the date the change or lamination is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been pondered, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as maybe required in effect or evidence compliance. All laws and regulation required m be incorporated in agreements of this character are hereby incorporated herein by Nis refrrence. The Seller arm. an indemnify and bold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither panty shall assign, mature, or convey this order, or any monies due or to become due hereunder without the prior wrten consent ofthe other party. 10. TITLE. The Seller warrants bill, dew and unrestricted title to the Purchoar for all equipment, materials, and items furnished n performance of this agreement, free and clear of any and all lien, restrictions, reservations, security interest encumbrances and claims ofolhat. The Seller shall release the Purchaser and its continuous of any car from all liability and claims of any nature asulting from the performance of such work. This release shall apply even in the event of fault of negligence of the patty released artd shall extend to the directors, officers and employees ofmch party. The Sellers commen al obligations, including waranry, shall not the deemed to be reduced, in any way, because such work f Performed or caused to be performed by the Purchaser. 14. PATENS. Whenever the Sella is requirtd to use any design, device, material or process covered by It patent, trademark r copyright, the Sella shall indemnify and save harmless the Puahasm from any and all claims for inGngement by reams of the use of such Internal design, device, material or process in connection with din wmrad and shall indemnify the Purchaser for any had, expanse or damage which it may be obliged to pay by arson ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the nationalist are of the gosh, is in such sus held to constitute infringement and the use of mid 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 said equipment or parts, ¢place the same with substantially equal but noninftinging equipment, or modify it sec it becomes noninRinging. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the beach of creditors, appoint a receiver or trustee for any of the Sellers property or business,Ors sin, is order may forthwith be canceled by the Pua esser wWoon liability. 16. GOVERNING LAW. The definitions oftcros used or the interpretation ofthe agreement and the rights of all panic hereunder shall be construed Indict and governed by the laws ofNe Stale ofColomdo, USA. The following Additional Conditions apply only in casser where the Seller is to perform work hereunder, including the services of Sellers liepreaenutive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until are same is fatly completed and accepted, and shall, in asp of any accident, destination or injury to the work andor maeriaf before Seller Boo] completion and mceptaprcc, complete the work at Sellers own expense and to tbe satisfaction of the Purchaser. When natere is and equipment we fumuhed by others for installation or mention by the Sella, the Sella shall receive, unload, store and handle tame at the site and become rapomible therefor as though such materials and/or cquipmmt were king famished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense provide for the payment of workers compensation, including occupmio al disons, knefits, to its employees employed on or in instruction with the work covered by this purchase order, and/or w their dependents in accordance with the laws of the stain in which the work is to be done. The Sella shall also carry comprehensive general liability inclmhall. but not limited to, contactual and automobile public liability imurance with bodily injury and death limits of at ]cast S30 J,00o for any one person, 5500,00o for any one accident and pmpeny damage limit pa accident of 5400,000. The Seller shall likewise require his containers, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall furnish the Purchaser with a cartificam that such compensation and immune have been provided. Such certificates shall specify the date when such compensation and insurance have ken provided. Such certificates shall specify the date when such compensation and insumarrate expires. The Seller agrees that such compensation aM insurance shall be, maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the entire responsibility unit liability for any and all damage, loss or injury army kind or mature whafoacr to persons or propmy 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 hatless the Fun:haer and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to parsons or property to which the Purchases may be put or subject by mason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In care any suit or other proceedings shall he brought against the Purchaser, or its officers, agents or employees at any time oa account or by reason of any act, action, neglect omission or default of the Sella of any of his contractors or my of its or their official, agents or employees ns ideational, the Sella hereby agues to assume the defense thereof and to defend the mine at the Sellers awn expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgmrnts that may be incurred by or obtained against fie Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or offer lien be placed upon or obtained against the property of the Purchaser, or said parties in or w a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards neeamry for fie prevention of accidents, comply with all laws and regulations with regard m safety including, but without limitation, the Occupational Safety ead Health Act of 1910 and all rules and regulations timed pursuant therein. Raised O7,2014