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HomeMy WebLinkAbout104031 MOTOROLA SOLUTIONS INC - PURCHASE ORDER - 9111526City of �,.Fo_rt Collins Date: 03/14/2011 Vendor: 104031 MOTOROLA SOLUTIONS INC 1307 E ALGONQUIN RD SCHAUMBERG Illinois 60196 PURCHASE ORDER PO Number Page 9111526 1012 This number must appear on all invoices, packing slips and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS Colorado 80524 Delivery Date: 03/14/2011 Buver: JAMES HUME Note Line Description Quantity UOM Unit Price Extended Ordered Price 2nd Qtr. NCRCN Svc. Agreement 1 LOT LS 9,657.81 Inv 78164025 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 M657.81 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 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt (ministate and local taxes.Oar Exemption Number is 1 L NONWAIVER. 99-04501 Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist Open strict peTemance of the terms and conditions heeof. failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), exercise any rights or remedies presided herein or by lame, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of tic deiign, shall not release the Scllcr 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 erdcr and shall not be dmiiicd a waiver of any right Of the damage in transit, may be resumed to you for credit and arc not to be replaced except anon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as In any such goods, regardless instructions from the City of Fort Collins. of when .shipped. received or accepted. as In any prior or subsequent default hereunder, nor shall any porpered and modification or rescission of this purchase order by the Purchaser operate as a Waiver of any of the tots 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. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment oa 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 zmtitmst 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, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Teats. Shipments must be F.O.H.. City of Fen Collins, 7W Wood St., Tom Collins. CO 90522, unless acquired under federal or state animist laws for such averchages relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pnrsnnnt to this purchase order. bill must accompany invoice. Additional ehorges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected fmm the nearca distribution point to destination. and excess freight will be deducted front Invoice when shipments arc made fmm greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and rules ofmhe 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. Seiler further agrees to hold the City of Four Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, talcs and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated hcrcin set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different toms and conditions pmpesed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the tint sated on the purchase order and the documents attached hereto. No acts of the Purchasers including, Without limitation, acceptance of panial late deliveries, shall operate as a waiver of this provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order clscwhrm and holding the Seller liable for damages. However, the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably foresecablc which arc beyond its reasonable control and without its fault ofncgligence. such are; of God, act, ofeivil or military authorities, governmental priorities. fins, strikes, flood, epidemics, wars or first, 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 ohhe decry. 3. WARRANTY. The Seller warns that all goods. articles, materials and work covered by this order will conform With applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended and performed with the highest degree of cam and competence in accordance with accepted standards for Work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of wamnty. The Seiler 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 terms ofany applicable warranty pmvidcd by the Scllcr a0cr the (laic of acceptance of the goods furnished hereunder (eeecnance not to be unreasonably delayed), resulting from imperfect or defective work done ar materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise pmvidcd in this purchase order, the Sellers liahility he amder shall extend to all damages pax imately caused by the branch of any of the ficmgai ng wamntics or guarantees. but such liability shall in no event include loss of pm fits or loss of use. NO IMPLIED WA BRA N'rY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pamla sera may make changes to legal terms by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from ,be quantities originally ordemd in the specification, or drawing,,, by verbal or written change order. If any such change affects the amount due or the time ofperformance 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 panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmtbs on life 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 goods which arc the Sellers standard stock. No such termination shall relieve the Purchase, or the Seller of any of Ihcir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (3n) days form the date the change or termination is nrdcocd. 9. COMPLIANCE WITH LAW. The Seller oamna 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 ngrecs to indemnify and hold 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 parry shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prim written consent of the other party. I0.TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, rescrvationa. semmiry interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELI.ERS OBLIGATIONS. If the Purchaser directs the Scllcr Ira correct noncanfom ing or defectivc goods by ad at c to he agreed upon by the Parchnser and the Scllcr, and the Seiler Ihemafter indicates its inability or otnvillinguess to comply. the purchaser may cause the work to he performed by the most expeditions means available to it and the Seller shall pay all costs assecimed with such work. The Seller shall release the Purchaser and its contractors ninny licr from all liability and claims ofany oxine resulting men the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the difeciers, officers and anployecs ofsach party. The SCRCr's contractual obligations, including unity. shall net be deemed to be reduced, in any way. because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Scllcr is requited In use any design, device, material or process covered by letter, patent tadenmerk or copyright, the Seller shall indemnify and save hamlet the Purchaser fmm any and all claims for infringement by reason Of the use Of such patented design, device, material or prowess in connection with the contract, and shall indemnify the Purchaser for any cost, cxpense or damage which it maybe obliged to pay by reason of such infringcmctu at any time daring the prosecution or after the completion of the work, In case said cquipnmcnl. Or any pan 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 Seller shall, at its own expense and at its option, either prrcure far the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nonin Ringing cquipmcm, or mn(lify it so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an as. ignmem for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property Or business, this order may forthwith be canceled by the Purchaser syithont liahility. 16. GOVERNING LAW. The definitions otters used or the interpretation ofthe agreement and the rights Ofall parties hcrcnndcr shall be consumed under and governed by the laws of the State of Colomdo. USA. The following Additional Conditions apply only in eases where the Seiler is to perform work hereunder, including the services o(Scllers Repm"Tartive(s), on the premises ofothers. 17. SELLERS R ESPONSIH I LI I'Y. The Seiler shall carry On said work at Seller', non risk until the same is fully completed and accepted, and shall, in ease of any accident destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller, Own expense and to the c lisaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seiler, the Seller shall receive, unload. store and handle same at the site and become responsible therefor ns though such materials and/or cquipnmenl were being famished by the Seiler under the order. IS. INSURANCE. The Scllcr shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to Ihcir dependents in accordance with the laws of the state in which the Work is to be done. The Seiler shall also carry comprehensive general liability including, but not limited In. contractual and automobile public liability insurance with bodily injury and death limits of at least S300.000 for any one person. S500,000 for any one accident and property dmnmge limit per accident of S400,000, The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance, Before any of the Sellers or his contractors employers shall do any .rank upon the premises of others, the Seiler shall furnish the Purchaser with a eenifcate that such compensation and insurance have been provided. Such certificates shall .specify the date when such compensation and insurance hive been provided, Such certificates shall specify the dmcwhcn such compensation and insurance expires. The Seller agrees that such compensation rend insurance shall be mainaired until aver the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby as. macs life entire respeare bility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting form the execution of lbe work provided for in this purchase order Or in connection herewith, The Seiler will indemnify and hold harmless the Purchaser and any or all of the Pumhawm officers, agents and employees fmm and against any and all claims, losses. damages, charges or expenses, whether direct or indirect, and Whether to persons or prnperty to Which the Purchaser may be put or subject by reason of any act, action, neglect, omission of default on the pan of the Seller, any of his contractors, or any of the Sellers or eomrac mS officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its oRccn, agents or employees at any time on accnnml 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 offinem, agents of employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own cxpense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such sails or other proceedings, and in case judgment or other lien be placed upr f or obtained against the property, of the Purchaser, Or said panics in or as a result of such suits on other proceedings, the Seller will at Once cause the same to be dissolved and discharged by giving bond or mhcnvi,se. The Scllcr and his contractors shall take all safety precautions, furnish and install all guards accessary for the prevention of accidents, comply with all laws and regulations With regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 0312010