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HomeMy WebLinkAbout104031 MOTOROLA SOLUTIONS INC - PURCHASE ORDER - 9111661City of art Collins Date: 03/22/2011 Vendor: 104031 MOTOROLA SOLUTIONS INC 1307 E ALGONQUIN RD SCHAUMBERG Illinois 60196 PURCHASE ORDER PO Number Page 9111661 lofz This number must appear on all invoices, packing sli s and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS Colorado 80524 Delivery Date: 03/22/2011 Buyer: JAMES HUME N ote: Line Description Quantity UOM Unit Price Extended Ordered Price 800 MHz radio equip 1 LOT LS 5.784.09 3 ea. South Battalion vehicle Per 000000140391, Attn: Todd Lawrence for Poudre Fire Authority WSCA (CO) C3. O✓1�:92� 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: 784.09 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcm1s and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tam exemptions. By smtutc the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 98-W502. Federal Excise Tax Exemption Certi Gcoe of registry 84-6000587 is registered with the Collector of Intemil Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit. may be rcmmcd to you for credit and arc not to be replaced except upon receipt of written instructions fmm the City of Fen Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hcrcof, failure or delay to exercise any rights or remcdus provided herein or by law, failure to promptly notify the Seller in the event ofix breach, the acceptance ofor payment for good hcrcnndcr or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the purchaser to insist upno strict perfomance hucofor any ofits rights or mnwdies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purpnned and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the toms hcrcof. 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 Too Collins, However. it is to be understood that FINAL SCllcr and the Purchaser recognize that in actual economic practice, overcharges resulting front antitmst ACCEPTANCE is dependent upon completion of all applicable required inspection prnecdom'. violations are in fact borne by the Purchaser. Thcrctofom, for goad cause and as consideration for executing This purchase order, the Seller hereby assigns to the Purchaser any and all dalm, it ally now hove of herenftor Freight Tcros. Shipments most be F.O.B.. City of Fort Collins. 700 Wood St., Full Collins, CO R0522, unless acquired under federal or state antitmst laws for such osxrchargcs 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 parchawd or acquired by the purchaser pursuant to this purchase order. hill must accompany invoice. Additional charges for packing will not be accepted, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date io be agreed upon by the expected front the nearest distribution point to destination, and excess (might will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchnscr shipments arc made from greater distance. may cause the work to be perforated by the most expeditious means available to it, and the Scllcr shall pay all costs amociamd with such sank, Pcrmik. Seller shall procure at scllcrs sole cost all necessary permits. cenificates and licenses required by all applicable laws, mizitlations, ordinances and miles of the state, municipality. ictritnry or political subdivision where the work is perfomtcd, fit required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller farther agrees to hold the City of Fell Collins harmless fmm and against all liability and Inss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. rates and requirements. Authorization. All parties to this caramel agree that the representatives arc, in fact, bens fide and possess full and complete autharity 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 tans and conditions annexed hereto or incorporated herein by reference, Any additional or different terms and conditions proposed by seller are objected in and hereby rejected. 2. DELIVERY. PLEASE ADVISE: PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance now be effecmd within the time stated on the purchase order and the documents attached hereto. No acts of the Parchnscrs including, without limitation, acceptance ofpartial late deliveries, shall operate as a ssaivcr of this provision. In the event of any delay, the Purchaser shall have. in addition to other legal and equitable rcowdics, the option ofplaeing this order elsewhere and holding the Seller liable for damages Hmsevcr, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of rigligenec, such acts of God, acts of civil or military authorities, governmental priorities, fines, strikes. flood, epidemics, wars or riots pmvidcd that notice of the conditions causing such delay is given to the Purchnscr within five (5) days of the time when the Seller first received knowledge ihemor.. 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 ofthc delay. 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 be 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 fmm any Toss, damage or expense which the Purchaser on. ,after or incur on account of the Sellers breach ofwarrnty. The Seller shall rcpiacc. repair or make good, withern cost to the purchaser, any defers or faults arising within one (1) year or within such lunger period of time as may be prescribed by law or by the terms orally applicable aamnty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver orally claim under this wamnty. 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 warranties or guarantees, but such liability shall in no event include loss of profits or Toes 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 terms by written change order. S. CHAN ES IN COMMERCIAL TERMS. The Purchnscr may make any changes to the terms, other than legal Tcros, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by %anal or writuca change order. If any such change affects the amount due or the time ofper(ormance hercundu, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchnscr may at any time by written change order. terminate this agreement as to a y or all portions of the good, then net shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress pmvidcd that the Purchaser shall not be liable for any claims for anticipved profits on the 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 good which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller orally of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he acsened within thirty (30) day, fmm the date The change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wamnis that all good sold hereunder shall have been prod ccd. sold. delivered and furnished 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 incorpnmted herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Pumhascr as a result of the SCIICM flihim to comply with such law. 9. ASSIGNMENT. Neither parry shall assign. matter, or convey this order, or any monies due or to become due hereunder oithout the prior written consent of the other parry. 10. TITLE. The Seller wamnis full, clear 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 liens, restrictions, rcscrvations, 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 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 directors, offccm and employees ofsuch party. The Seller', contractual obligations, including warranty. shall not be deemed to be reducal. in any way. because such work is performed or caused to be perfomtcd by the Purchaser. W. PATENTS. Whenever the Seller is required to fiscally design, device material or proses., covered by letter, patent. trademark or copyright, the Scllcr shall indemnify and save hnmless the Purchnscr Foam any and all claims for iaftingcmcnt by reason of the use of such patented design, device, material or pmeecs in connection with the contract. and shall indemnify the Purchaser for any cost. expense ordamage which it may be obliged to pay by reason of such infringement at any time during the pmscculion or after the completion of the work. In case said equipnhaht, or any part Ihercof or the intended use of the goods, is in such suit held In constitute infringement and the use of said equipment or pan is enioitmd, the Seller shall, at its own expense and at its option. tither procure for the Purchaser the right to continue using said equipment or parts, replace the same .with substantially equal bill noninfringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt make an assignment for the benefit of eredilon. appoint a receiver or trustee for any of the Sellers pmperty or business, this order may forthwith be wneeled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oficr n, used or the interpretation of the agreement and the rights of MI panics hereunder shall be constmed under and governed by the Irv., of the State of Colorado. USA. The following Additional Conditions apply only in cases whuc the Seller is to perform work hereunder, including the services of Scllcr; Repm,cnato,T, , on the premiss ofothem. IT SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, dwraction or injury to the work and/or materials before Scllcrs finzl completion and acceptance, complete the work at Scllcr', men expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including oceupntionnl disease henefits, to its employees employed on or in connection with the work cuvcrcd 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 autamnhile public liability inwnanee wink hndily injury and death limits rf at (cast S300,000 for any one person. S500,000 Fur any one accident and pmpeny damage 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 employees shall do oily work filler the premises of others. the Seller shall Finnish the Purchaser with a omfiemc that such compensation and insurance have been pmvidcd. Such cenificaes shall specify the date when such compensation and insurance have been pmvidcd. Such cenificates shall specify the date when such compensation and insurance expires. The Scllcr ogrccs that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsihiliry and liability for any and all damage. loss or injury of any kind or nature whatsoever to persons or property caused by or resulting Form the execution ofthe work pmvidcd for in this purchase order or in connection herewith, The Sellct will indemnify, and hold hamilcm the Purchaser and any or all of the Parcla sers officers, agco is and employees Foam and against any and all claims, losses, damages. charges or expenses. ,whether direct or indirect, and whether to persons or propcuy to which the Purchnscr may be put or subject by reason of any net, action, acglcct, omission or default on the pun of the Scllcr, any of his contractors. or any of the Sellers or contractors officers. agents or employees. In ease any suit or niter proceedings shall be brought against the Purchnscr. or its officers, agents or employees m any time on account or by reason of any act, action, neglccl, omission or default of the Seller of any of his contractors or any of its or their officers. agents or employees as aforesnid, the Seller hereby agrees to assume the defense therenf and to defend the same at the Scllcrs ow expense. to pay any and all costs, charges, attorneys fees and other expenses, any and nil judgments that may he incurred by or ubmincd against the Purchaser or any of its or Ihcir officers, agents or cnhploycc,, in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmperty of the Purchnscr, or said parties in ores a result of such suits or other proceedings, the Seller will at once cause the same in be dissolved and discharged by giving bond or ollmmisc.I he Scllcr and his contractors ,hall take all safety precautions, famish and install all guards norcmary for the prevention of accidents, comply with all lase, and regulations with regard to safety including, but without Iimitatien. the Occupational Safety and Ilcnllh Act of 1970 and all rates and regulations issued pursuant themm. Revised 032010