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HomeMy WebLinkAbout104031 MOTOROLA SOLUTIONS INC - PURCHASE ORDER - 9120850City of /11�„ art Collins Date: 02/09/2012 Vendor: 104031 MOTOROLA SOLUTIONS INC 1307 E ALGONQUIN RD SCHAUMBERG Illinois 60196 PURCHASE ORDER PO Number Page 9120850 1of2 This number must appear on all invoices, packing slips and labels. Ship To: TRAINING FACILITY POUDRE FIRE AUTHORITY 3400 WEST VINE FORT COLLINS Colorado 80521 Delivery Date: 02/09/2012 Buyer: JAMES HUME Note: r/ Line Description Quantity UOM Unit Price Extended Ordered_ Price Incident Safety Officer radio 1,LOT LS 3,490.23 QUO000174362 ✓J UCcx� 2. 0n=:�-2� 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 Total 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. 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. 99 0,1502. Federal Excise Tax Exemption Certificate of Registry 84-60MS97 is registered with the Collcetor of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. faiure or delay in 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 notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failum to meet specifications, either when shipped or due to defects of any of the wamours or obligations of this purchase order and shall not be deemed a Oakcr of any right of the damage in transit may be returned to you for credit and are not to he replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods res odIcss instructions front the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall arm purported Oral modification or rescission of this purchase onler by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on artival, hereof. Final Acceptance. Receipt of the merchandise. services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITR UST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller mud the Purchaser uc mflzc that in retual economic practice, overcharges resulting from fuldrusn ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact borne 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 bercafter Freight Terms Shipments must be F.O.B., City of Fort Collins 700 Wood St.. Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relining to the particular goods or services otherwise specified on this once, If pemhission is given to prepay freight and charge separately, the Original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where nanufachimrs have distributing points in various parts of the country, shipment is expected form the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary Permits, certificates and licenses requited by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is perforated. or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrecc to hold the City of Fort 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 Odes and mcnimments, Anflamization. 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 terns and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different teats and conditions proposed by seller arc objected to and hmc1w 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 he effected within the time stated on the purchase order and the documents attached hereto. NO acts of the Purchasers including, without limitation, acceptance of partial laic deliveries, shall cpceme as a waiver ofthis provision. In the eveat of any delay, the Purchaser shall have, in addition to other legal and equitable remedies the option nfplacing this order elsewhere and holding the Seller liable for damages. However. 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 negligence, such acts of GOd, acts ofeivil or military anthontics, governmental pnaritics, fires. strikes, flood epidemics, wfm or riots provided that notice ofthe 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 ofthc delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and send, covered by this order will conform with applicable dm wings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degme of care and competence in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless form any loss, damage or expense which the Purchaser may suffer or incur on account ofthe 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 terms ofany applicable warrow provided by the Seller al er the date of acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furni dyed 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 Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wannntics or guamntecs. but such IiabiliE, shall in no event include loss of profits Or Ins, Of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal more, by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal teats, including additions to or deletions tram the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperficomm ce 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 prigm provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Sclicr with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any good dclivcrcd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the grads are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such Irv. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monics due or to become due hereunder without the To women consent ofthe other party. 10. TITLE. The Seller warrant fill, clear and unrestricted title to the Purchaser for all equipment, material, and items furnished in performance of this agreement. free and clear of any and all liens, restrictions, rescmitions, security interest encumbrances and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Scllcr to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious mean, available to it, and the Seller shall pav all costs associated with such work. 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 parry released and shall extend to the dimetors, officers and employees of such party. The Seller's contractual obligations, including %%arm my, shall not be deemed to be reduced, in any way, because such work is perforated or caned to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any deign, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and sme harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, am. ice. matcrul or process in connection with the contract. and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thcrcof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part 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, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hankmpt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers propery or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemis used or the interpretation ofthe agreement and the dghts ofall panics hereunder shall be cnnatmcd ender and govemed by the laws ofthe State ofCclomdc, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the sen'ices ofSellcrs Represenmtive(s), on the Promises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed ,ad accepted, ,ad shall. in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellct's own expense and to the satisfaction ofthe Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle .came at the site and become resmon.sible therefor as though such materials and/or egaipnwnt were being furnished by the Scllcr under the order. 19. INSURANCE. The Seller shalh at his men 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 rode, and/or In their dependents in accordance with the Imes 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 in...runo, with hoshly injury and death limits of at (cast S300,000 for anv one person, S500.000 fnr any one accident and property damage limit per accident of S400,000. The Seiler shall likewise require his contractors, ifany, to provide for such eompsmstion and insurance. Before any of the Sellers or his contractors employees shall do any .work upon the premises of others, the Seller shall furnish the Purchnscr with a cenificam that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Stich certificates shall specify the date when such compensation and insurance cspires. The Seller agrees that such compensation and insurance shall be maintained until aRcr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or audit, whatsoever to persons or property caused by or resulting front the execution of the work provided for in this purchase order or in connection herewith. The Seller will indenmi fy and bold harmless the Purchaser and any or all of the Purchasers omcem. agents and employees from and against am, and all claims. loses. damages. charges or expenses, whether direct or indirect and whether to persons or property In which the Purchaser may be pot or subject by reason of any act, action, neglect, omission or default on the part of the Sclicr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. in case any suit or other pmceedings shall be brought against the Purchase,, or its officers, agents or employees at any time on account or by truism of any act, action, neglect omission or default of the Seiler ofany of his contractors or any of its or their Officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, 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 suits Or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result ofsueh suits or other proceedings the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sclicr and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accident, comply with all Innis and regulations with regard to safety including, but without limitation, the Occupational S,1h tyand Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 01/2010