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HomeMy WebLinkAbout104031 MOTOROLA SOLUTIONS INC - PURCHASE ORDER - 9120848City of /00 F0 r_t Collins Date: 02109/2012 Vendor: 104031 MOTOROLA SOLUTIONS INC 1307 E ALGONQUIN RD SCHAUMBERG Illinois 60196 PURCHASE ORDER PO Number Page 9120848 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: Line Description / Quantity UOM Unit Price Extended Ordered Price New Engine 7 Radio Equipment 000000174798 C3. O✓la.�s-Q � City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 Total Invoice Address: 4,005.82 $4,005.82 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terins and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tess exemptions. By statute the City effort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04562. Federal Excise Tax Exemption Cenifiealc of Registry 84-6000587 is registered with the Collector of Fuilu¢ of the Purchaser to insist neon strict performance of the term and conditions hemp[ failure or delay to Internal Revenue. Denver. Colorado (Rcf. Colorado Revised Sta ilex 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 ofor payment for goods hereunder or approval ofthe design. shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mcd specifications, either when shipped or due to defects of any of the wamnties or obligations of this Purchase order and shall not be deemed n 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 hcrcofor any of its rights or remedies as to anv such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any parpramd and modification or rescic man of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subicct 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 CLAIMS. authorized payment oa the pan of the City of Tort Collins. Howcvcr. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overchmgcs revolting from antitrust 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 esmuling 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., City of Fan Collins, 7FX) Wood St.. Fort Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or scrvmees otherwise specified on this order. If peitiscion is given to prepay freight and charge separately, the origiml freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for puking will not be accepted. Shipment Distance. %%here manufacturers have distributing points in various pans of the country, ,shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rates of the state, municipality, territory or political subdivision whem the 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 Fen Collins hermlm, from and against all liability and Ions incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, odes and requirements. Authorization. All panics in this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind mid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein cat forth and any supplemenatry or additional rants and conditions annexed hcrcto or incorpnnted herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hachy rejcctcxl. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your premised delivery date as rated. Time is ofthe essence. Delivery and performance most be effected within the time stated on the purchase order and the dammems aneehcd hcacm. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this prevision. In the event of nny delay, the Purchaser shall have, in addition to mhcr 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 boynnd its reasonable control and without its fault of negligence. such acts rGod, acts ofcivil or military antharitics, governmental priorities, firs, suikes, food, epidemics, w;rrs or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the ,into 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 of the delay. 3. WARRANTY. The Seller warrants 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 care and compdcnce in accordance with accepted standards for work of u 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 ofthe Seller breach of wamnty. 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 Iry or by the farms crony applicable wamnty provided by the Scllcr rncr the date of acceptance ofthe goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumishcd by the Seller. Acceptance or use of goods by the Purcha.scr shall not constitute a waiver array claim under this wamnty. Except as otherwise provided in this Purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing wwrmnlics or guarantees, but such liability shall in no event include loss of pmfits or loss arose. 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 Tacos. including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or raten change order. If any such change affects the amount due or the time ofperformari hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, m mmeatc this agreement as to any or all portions of the goods then ram shipped, subject to any equitable adjustment bdwecn the panics as to any work or materials then in progress provided that the Pamhascr shall not be liable for any claims for anticipated profit on the uncompleted portion ofthe gads andior 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 Purchaser or the Seller of any of their obligations as to any gnats delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be ammod within thirty (3n) days from the date the change or temanation is ordered. R. COMPLIANCE WITH LAW. The Seller wamnts 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 goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All Imes and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hairless from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Ncitha parry shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior written consent of the other Party. 10. TITLE. The Sellcrwam or, full, clear and unrestricted title to the Purchaser retail equipment, materials, and items fumishcd in performance of this agreement, free and clear of any and all liens. restrictions. resenations, security interest encumbrances and claims of oficrs, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be named open by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser may cause the work 10 be performed by the most expeditious means available to it, and the Scllcr shall pay all casts ,usociated with such work. The Seller shall release the Purchasc, and its cono-adom of any tier from all liability and claims of any nature resulting from the performance of such work. This relcaw shall apply men in the event of fault of negligence of the party released and shall extend In the directors, nfriccis and cmployces ofsuch party. The Seller's contracn al obligations, including warranty, shall not he deemed to be reduced, in any way, beeause such work is performed or caused to be performed by the Purchaser. 14. PATENTS. W imirever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser front any and all claims for infringement by reason of the use of such patented design, device, material or process in eonnccliou 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 pan thereof or the intended use of the gongs, is in such suit held to constitute infringement and the use of slid 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 pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15ANSOLVENCY. 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 property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcrmx used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be consumed under and governed by the laws ofthc State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Represcmative(s), on the premises ofothers. 17. 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, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Scller's men expense and to the satisfaction of the Purchaser. When ralmals rod equipment arc 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/err equipment were being fiuniehed by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workcrc compensation, including occupational disease benefits, to its employees employed on or in connection with the stork covered by this purchase order. and/or to 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 insrance with bodily injury and death limits of at least S304IX10 for any one person. S501rtMp for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his eonmadors, if any, to provide far such compensation and insucarmo. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificae that such compensation and insurance have been provided. Such certificates shall specify the date when such enmpcnsation and insurance have been pmvidcd. Such ecrtificmes 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 assames the entire responsibility and liability for any and all damage, loss or injury of any kind ar nature whosoever to persons or property caused by or resuhing from the execution ofthe work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Punhxwr and any or all of the Purchasers officers, agents and cmployces from and against any and all claims, losses, damages, charges or expenses. whdhcr direct or indirect, and whether to persons or property to which the Purchaser may be put or object by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his eonnaelots, or any of the Sellers or contractors nR®cm, agents or employees In ease any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees many time on account or by .on c f any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their effects, 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 offccm, agents or employees in such snits or other proceedings, and in cast judgment or other lien be plead open or obtained against the proper of the Purchaser, or said parties in or as a result ofsuch suits or other proccodings, the Seller will at once cause the same to be dissolved and discharged by giving bond or oth ire isc. The Seller and his contractors shall take all safety procautinns. fumish and install all guards noeemary for the prevention of accidents, comply with all Imes and regulations with regard to safety, including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 03/2010