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HomeMy WebLinkAbout104031 MOTOROLA SOLUTIONS INC - PURCHASE ORDER - 9120849City of F6rt Collins Date: 02/09/2012 Vendor: 104031 MOTOROLA SOLUTIONS INC 1307 E ALGONQUIN RD SCHAUMBERG Illinois 60196 PURCHASE ORDER PO Number Page 9120849 102 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 1/ Buyer: JAMES HUME Note Line Description Quantity UOM Unit Price Extended Ordered Price Radio equip- ISO, BR 12,TN 12 Q00000174347 �- U 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 1 LOT LS 11,476.28 Total $11 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 Fon Collins is exempt from internal local rases. On, Exemption Number is 11. NONWAIVFR. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-f000587 is registered with the Collector of Failure of the Purchaser to insist upon strict perfommancc 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 notify the Seller in the went of a breach, the acceptance ofor 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 duc to defects of any of the warranties or obligations of 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 arc not to be replaced except upon receipt of .written purchaser to insist upon,Trio Performance hercefor any ofits rights or remedies as many such goods. regardless instructions from the City c Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pure ur ed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subiect 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. ASSIGNMENT OF ANTITRUST CLAI NIS. authorized payment on 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 aiititnst ACCEPTANCE is dependent upon completion ofall applicable onpricd inspection procedures, violations arc 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 hereafter Freight Terms. Shipments must be F.O.B., Ciro of Fort Collins, 700 Wood St.. Fort Collins, CO 90522. unless acquired tinder federal or state antitrust lass, for such overcharges relining 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 m acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manu Gchtrers have distributing points in various pans of the cunalry, shipment is If the Purchaser directs the Seller m correct nonconforming or defective goods by a date lobe agreed upon by the expected from the nearest distribution point to destination, and cmcss freight will be deducted form Inoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made farm greater distance. may cause the work to be perforated by the most expeditions Ricans available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall Vincent, at Sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and reles of the state, municipality, territory or political suhdi% ima where the wad: is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller (archer agrees to hold the City of Fort Collins harmless form and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Antherivation. All panics to 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 Order expressly limits acceptance to the tents and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or di Bncnt rents and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on year promised delivery date as noted. Time is ofthc essence, Delivery and per£omnancc most 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 late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing 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 arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes. Bond, epidemics. wars or riots 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 dale of delivery Shall be extended for the period equal to the time actually lost by rcason of the delay. 3. WARRANTY. The Seller warrants that all goods, amides, materials and work covered by this order will confront with applicable drawings, specifications, smples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care 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 Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (U year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the dale of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting front inmperect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this war anty. 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 waamnties or guarantees, but such liability shall in no event include loss of profits or loss 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. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions from the quantities originally ordered in the specifications err shavings. by .erbil or written change order. If any such change affects the amount due or the time of perfonaance hereunder, an equitable adjustment shall he made. fi. TERMINATIONS. The Purchaser may at any time by written change order. tcmminatc this agreement as to any or all portions of the goods then or .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 profits on the uncompleted portion of the goods andier work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be ascrtcd 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 goods 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 aInecmcnts of this character are hereby incerpemted 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 Sellers failure, to comply with such law. 9. ASSIGNMENT. Neither party shall assign, Transfer, or convey this order, many ninnies due or to become due hereunder without the prior wniftcn consent of the other parry. 10. TITLE. The Seller warrants 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, reservations, security interest cncumbrance, and Claims of others. The Seller shall release the Purchaser ,ad its contractors of any lie, from all liability and claims of any nature resulting from the perfomanec ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall cxtead to the directors, oFlicers and employccs of such party. The Seller', conlmchnl obligations, including warranty, shall not be deemed to he reduced, in any way, because Such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Scllcr shall indemnify and save hamiless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indcmnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or nfier the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods. is in such suit held to constitute infringement and the use of ,Laid 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 pans, replace the same with substantially equal but noninfringing equipment, or rnodify, it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditn s, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser withont liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights ofall panics hereunder shall be construed under and governed by the lams of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Representative(s), on the prcmisev ofothers. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry ern Said work at Sellers own risk until the same is fully completed and accepted, and 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 Seller's own expense and to the satisfaction of the Pnrchascr. When materials and equipment arc furnished by others for installation or ermtion by the Seller, the Seller Shall receive, nalead, store and handle same at the site and become responsible therefor as though such materials and/or cgnipmcat were being furnished by the Seller ender the order. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers coanpensation. including occupational disease benefits, to its cntplayccs employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the Inws of the state in which the work is to be done. The Seller shall also carry eomprchensive tcnemI liability including, but not limited to, contrtetall and automobile public liability insurance with InMily injury and death limits of at (cast $300.000 for any one person. $506.000 for any one accident and property, 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 employers shall do any ,ads upon the premises ofothers, the Seller shall famish the Puchauer with a ccnificmc. that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ccnificmc, shall specify the date when such compensation and insurance expires. The Seller agrees 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 responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indcmnify and hold harmless the Purchaser and any r all of nc, Purchasers officers, agents and employee, from and against any and all claims. losses damages. charges or expenses, whether direct or indirect, and whether to persons or property, to which the Purchaser may be put or subject by reason of any act action, neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act. action, neglect, omission or default of the Seller of nay of his contractor, or any of its or their ol6ecrs, stems or cntplayccs 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 mmmcys 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 ofsuch suits or other proceedings. the Seller will at once cause the same to be dissolved and diccharted by tieing bond orothem isc. The Seller and his contractors shall take all safety precautions. famish and install all guards necessary for the prevention of accidents, comply with all lases and regulations with regard to safety, including, bill without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pueamat thereto. Revised 0312010