HomeMy WebLinkAbout104031 MOTOROLA SOLUTIONS INC - PURCHASE ORDER - 9141562of
FOCity, Collins
Date: 03/14/2014
Vendor: 104031
MOTOROLA SOLUTIONS INC
1307 E ALGONQUIN RD
SCHAUMBERG IL 60196
PURCHASE ORDER
PO Number Page
9141562 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: TRAINING FACILITY
POUDRE FIRE AUTHORITY
3400 WEST VINE
FORT COLLINS CO 80521
Delivery Date: 03/14/2014 Buyer: DOUG CLAPP
Note: ref. WSCAcontract -#72536YYY15M/WSCA
" Please ship to:
Wireless Advance Communications
3901 W. Service Road
Evans, CO 80620
contact: William Fleming - ph#970-218-7853
Line Description Quantity UOM Unit Price Extended
Ordered Price
I Radios BC Vehicles
QUO000267671
" Please ship to:
Wireless Advance Communications
3901 W. Service Road
Evans, CO 80620
contact: William Fleming - ph#970-218-7853
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.00m
7,264.20
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
1. COMMERCLU.DETAILS.
Tax exemptions. By soma me City of Fon Collins n exempt form sate arb load axes. Our Exemption Number is
98-01502. Federal Excise Tax Exemption Certificate of Registry 84.6000587 is registered with the Collector of
[memo[ Revenue, Denver, Colorado (Ref. Colorado Revised Sit 1973, Chapter 39-26, 114 fa).
Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
nominations from the City of Fun Collins.
Inspection. GOODS are subject to the City of Fun Collins inspection on andeal.
Final Acceptance. Receipt of the merchandise, aeev Or Nutriment in response to this order can result in
authorimd payment on the pan of the City of Foe Collins. Howsver, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable terminal inspection procedures.
Freight Team. Shipments most be, F.OB, City of Fort Collins, 700 Wood St, Pon Collins, CO 80522, unlesi
otherwise specified on uses Order. If permission is given to prepay freight and change separately, are original freight
bill most acwmpany invoice. Additional charge for packing will not he accepted.
Shipment Distance. Where manufacturers have distributing points in various pans Of the country, shipment is
expected from the neamet distribution Went to destination, and excess freight will he deducted from Invoice when
shipments are made form greater distance.
Permits. Sala shall proavo at wilen sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and mles of the sate, municipality, mrsitory, or political subdivision where
the work is performed, Or required by any other duly cautioned public authority having jurisdiction over the work
of vender. Seller number agrees to hold the City of Fort Collins harmless four and a,arm, all liability and loss
nemrnl by them by reason of an sea ad or established violation of any such Dow. regulations, oNinamen, rules
and repflourain.
Awt 6mtion. All parties to this contract agree that mine representatives are, in fact, bore fide and persons full and
omplete authority to bind said panics.
LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the tern and conditions stared
herein set forth and any supplementary or additional terms and conshow n annexed hereto or incorporated herein by
reference. Any additional or different temp and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGEN Iimmediately ifyou carmen make coneplem shipment to amve on your
promised delivery date as noted. Time is of me essewe. Delivery and perthmmnce must be effected within the time
stated on the purchase order and the documents atacLd hereto. No acts of the Purchasers including, without
limimteon, acceptance of pamisl late deleveies, shall operate as a waiver of this provision. In the avian ofany delay,
the Purchaser shall have, in addition to other legal and w uirble remedies the option of placing this order elsewhere
and holding the Seller liable for damage. How... the Seller seal not be liable for damages in is result of delays
due to causes not reasonably fornewita a which are beyond in reasonable mewl and without in fault of negligence,
such acts of God, can ofcvll or military amhorhies. governmental priorities fires. strikes. Rood, epidemics, wars o
fiats provided that nonce oflhe emotions causing such delay is given to the Purchaser within eve (5) days of the
time when the Seller first moved knowledge NereoE In the event of any such delay, the date of delivery shall M
extended for the prod egwl m the rime actually lost by ream. ofthe 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 desripticas given, will be ❑t for the purposes imumad, and
pefimed with the highest degree of care and competence in accordance with accepted standards for work of a
similar imma, the Seller agree to hold the Purchaser homeless fmm any loss, damage Or expense which the
Purchaser may suR or incur on account of the Sellers w breach of wanty. The Seller shall replace, repair of make
good, without cast to the purcoaan any defects Or faults raising within one (I) year or within such longer period of
time w may be prescribed by law or by the terms of my appliable warranty Freckled by the Seller after me date of
acceptance of the good f fished hereunder (acceptance not to be, unreasonably delayed), resulting farm imperfaf
or defective work done or materials mounted by the Seller. Acceptance or use of goods by the Purchaser shall not
omtitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, me Sellers
liability hereunder shall extend to all damages proximately tamed by flre breach of any of me foregoing wmuffines
or guarantees, but such liability shall in ao event include loss ofprofin Of 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 It legal terms by written change oNer.
5. CI LANCES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the from. other that Ja d tern, moshng additions to or deletions from
the quantities originally ordered in the ipaifications or drawings, by vrbal or written change order. If any such
change af'ecn the ammmt due m the time Ofamfomance hereunder, an equitable adyntment shall be made.
6. TERMINATIONS.
llu Purchaser may at any time by written change cater, amriume this agreement in to any or all potions of the
goad then rot shipped, subject an any equitable adjustment berveen the Was as to any work or mmmals then in
progoes provided that me Purchaser shall cal be liable for any claims for anticipated pmfin on the uncompleted
portion ofthe good artNor work, for incidental or consequential damages, and dot tat such achievement be made in
(mar of the Seller with respect to any goods which am the Sellers ulandard stock. No such termination shall release
the Purchoser or mine Sella of any ofthaer obligations as to any goods delivered hereunder.
7, CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be soared within thirty (30) days from the data the change ar automation is
Ordered.
8. COMPLIANCE WITH LAW.
The Seller wafter that all goods said hereunder shall have been produced, sold, delivered and furnished in suits
compliance wilt all applicable laws and regulations an which the goods are subject, The Seller shall execute and
deliver such docummn as may, be requetcif to eHemor esidmce compliance. All laws and regulations rquied to be
incorporated in agreements of this chmaztn are hereby incorporated herein by this mfemoce. The Sella agree to
indemnify and hold me remhasm monalass Room all cash and damages suRend by the Pmchaser as a cane of me
Sellers failare 10 comply with each law.
9. ASSIGNMENT.
Neither puny shall assign, toaster, or convey this order, or any monies due or to become due hereunder without he
prior ,,an consent of me Other party.
10. TITLE.
Toe Seller warrants full, clear and unrestricted title to me Purchaser for all cquipman, materials, and items famished
in performance of his agreement, forte and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims ofomers.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict Pedbrmance of the terms and conditions hereof, failure o delay to
exercise any rights or munches provided herein or by law, failure to promptly and fy the Seller in the event of
breach, the acceptance of or payment for goods hereunder or approval ofthe deign. shall matt release the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any night of the
purchaser to insist upon strict performance lacomfor any of in rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prier or subsequent default hereunder nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the temrs
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Pachma recognize that in actual economic p series, overcharges resulting from months
violations are in that home by the Puchaer. Theretofore, for good tame 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
acquired under federal or sate antitrust laws for such overcharges relating to the p ricular goads or services
purchased or acquiral by the Purchsse pursuant to Nis purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchases direcn me Seller to curect nonconforming or defective goads by a date to be agreed upon by me
Purchaser and the Seller, and the Seller thereafter indeares its inability or unwillingness to comply, fine Purcheer
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its contmetors of any tier from all liability and claims of any nature
resulting from the performance of such work.
This release shall apply even in toe ream of fault of negligence of the party released and shall extend to the
directors, officers and employees of such parry.
The Sellms conwctral obligations, including warranty, shall not be reamed to be, reduced, in any way, hansom,
such work is performed or caused to the performed by the Purchaser.
14. PATIENTS.
Whenever the Schur is material to use any deign, device, material or process covered by loner, patent, aademark
or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and al I claims for infringement
by reason of the use of such patented design, device, material or process in connection with the nonce, and
shall indemnify the Puchoser for any cost, expense or damage which it may be obliged to pay by mason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan therm( Or the intended use of me goods, is in such suit held to constiate infringement and the use of
said equipment or pan is enjoined, the Seller shall, at in own expense and at its option, either procure for the
Purchaser the fight to continue fining said equipment or parts, replace the same with substantially egwl but
nanimddnging equipment, or modify it so it becomes north fi nging.
I S. INSOLVENCY.
If do, Seller shall become insolvent our baN;mpt, make an assignment fro the benefit of creditors, appoint is
meteor Or trustee for any of the Sellers property or business, this Order may forthwith be canceled by me
Pmrlecia without liability.
16, GOVERNING LAW.
The definitions of coma used we the interpretation of the agreement and the fights of all parties hereunder shall be
consumed under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform wOft, hereunder,
including the services of Sellers Represenative(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall eery on said work at Sellers own risk until the same is fully mmplaed and accepted, and seal,
in use of any accident, destruction or injury to the work amber materials before Shcros final completion and
acttpbna, complete me work or Sellers own expense ad to the satisfaction of the Purchaser. When mammals
sad equipment are fnewhed by when for installation or aremiou by the Sella, the Sella shall receive, udoa l
store and handle same or the site and become mespamnLle therefor as though such materials and/or equipment
were being famished by the Sella under the oNer.
18. INSURANCE.
The Seller shall, at his awn expense provide fur the payment of walwas compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase water,
and/or to their depeadenn in accordance with the laws order sate 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 insurance with bodily injury and death limits of at least Slogo00 far any one Person, S500,000 for any
one accident and property damage limit per accident of S4 OJXK). The Sella shall likewise mluire his
mmractors, if any, to provide for such compensation and itnmmeace. Before any of the Sellers m his contactors
employees shall do any work upon the premises or Others, the Seller shell Finnish me Purchaser with a caufhcae
that such compensation add insurance have been recorded. Such ceedfiates shall specify the date when such
compensation and insurance have been provided. Such onifiestas shall specify the date when such compensation
and insurance expires. The Seller agar that such compensation and insurance shall ho nwwwkd1 .,it uffer the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTT S AND DAMAGES.
The Sella hereby woumes the entire responsibility and liability for any and all damage, loss or injury of any kind
nature whatsoever to Persons or property caused by or wolfing fmm the execution of the work provided for in
this purchase order or in connection herewith The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against any and all claims losses, damages,
charges or expenses, whether direct or indirect, and whether to parsers or property to which fine Purchaser may
M put or subject by reason of any act, action, neglect, omission or default an the pan of me Seller, any of his
contrhamrs, or any of the Sellers or contractors officers, agmn or employees. In use any suit or other
precedings shall be brought against the Purchaser, or in officers, agents or employees at any time on account or
by reason of any act action, nighan, omission or default of me Sella of any of h6 Corrosion or any of in or
their offcen, agents or employees as aforesaid, the Seller hereby agrees 10 assume me den hereof and to
defend the same at the Sellers own expense, to any any and all costs, charges, attomeys fees add other expenses,
any and all judgments that may be incurred by or obtained against me Purchase or any of in or meu officers,
agents or employees in such suits or other pmcainings, and in case judgment or other lien be placed upon or
obtained against the pmperey of the Purchaser, or said parries in or as a result of such suits or other proceedings,
the Seller will at once cause the same to ho dissolved and discharged by giving hood or otherwise. The Sella and
his contactors shall take all safety precautions, famish and immll all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without bowman, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto.
Revised 03CO10