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HomeMy WebLinkAbout104031 MOTOROLA SOLUTIONS INC - PURCHASE ORDER - 9141697Fort Collins Date: 03/24/2014 Vendor: 104031 MOTOROLA SOLUTIONS INC 1307 E ALGONQUIN RD SCHAUMBERG IL 60196 PURCHASE ORDER PO Number Page 9141697 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 03/24/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Service Agmt April -June 78259506 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.mm 1 LOT LS 15,473.67 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 It state and local taxes. Our Exemption Number is 98-0a502. Federal Excise Tax Exemption Cenifcate of Registry 84-6IX0587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due or failure m meet specifidi imss, either when shipped or due to defects of damage in transit may M cemhned or you for credit and are not to to replaced except upon receipt of written instructions from the City effort Collins. Intersection. GOODS are subject to the City of Fon Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, sorracce or equipment in response m this order or. hdint is authorised payment on the parr of the City of Fan Collins. However, it is to be understood trial FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.Of, , City of Fan Collins, TOo Wood St., Fon Collins, CO 80522, unless otherwise specified on Nis order. If permission is given m prepay fight and charge separately, the original freight bill muss accompany invoice. Additional charyes for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from be nearest distribution point to destination, and exeeas freight will be deducted from Invoice when shipments are made form greater distance. Permits. Sella shall procure at sellers sale cost all necessary permits, certificates and licenses criminal by all applicable laws, regulators, ordinances and color of me state, municipality, territory or political subdivision where the work u performed, at might by any other duly constituted public authority having jurisdiction over the work of h.do,. Seller further agrtes m hold the City of Fan Collins harmless from and against all liability and loss incurred by them by rt can of an residual or established violation of any such laws, regularions, anlinancn, rules and osmarippents. Authorization. All panics to this contract agree that the representatives are, in fact, bona ride and possess ball and complete authority to bind said prudes. LIMITATION OF TERMS. This Purchase Order expressly limits accep are, m the to. and conditions sited herein on forth and any supplcmemary or additional terms and conditions annexed harem or incorporated herein by reference. Any additional or different terms and conditions proposed by Seller are objected to and hereby jected. 2. DELIVERY. PLEASE ADVISE. PURCHASING AGENTimmediately Ryan cantor make complete shipment to amve era your promised delivery date as poled. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents arached harem. No as of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to tuber legal and inflatable remedies, the option affirming this order elsewhere and holding the Seller liable for damages. Harvest, the Seller shall and be Gable I damages ns a rain, of delays due to causes rout reasorebly Romantic which an, beyond its reaorable among and without its fault of negligence, such acts of God, acts orchid or military authorities, govem.entel priorities. Gres, stf ed, flood, epidemics, oars or two provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time whin the Seller rirst received knowledge thereof In the event of any such delay, she desto 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 bo fit for the purposes iaeadM, and performed with the highest degree of are and competence in acmNance with accepted ssandrd for work of a imilor nature. The Sella agrees in hold the pumhaser hapless fmm any loss, damage m expense which the Purchaser try sulfa or irmur on account ofthe Sellers breach of wuranty. no Seller shall replace, repair or make good, without door to the pan: ere r, any defects or that. raising within one (1) your or within such longer period of time as may be prescribed by law of by the terms of my applicable warranty provided by the Sella net the date of acceptance of the goods famished hereunder Reardence not to be unreasonably delayed), retching from mperfeo or defective work dune or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall nor constitute a waiver of any claim under this warranty. Except ses otherwise provided in this purchase oNer, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guamnted, but such liability shall in no event include loss of,.fio 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 tenor by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purthuer may male any flanges to the terms, other dean legal terms, including additions to or deletions from the quantities originally ordered in she mociticalions or drawings, by verbal or women change order. If any such change agree. the amount dae rr the lime i rperformame hereunder, an equitable W,..,nt shah be made. 6. TERMINATIONS. The purchaser may at any time by written change adee curare, this agreement ex m any or all portions of the goads then not shipped, Subject to any equitable tMorment between the Wnies as to any wool, or materials some in progress provided that the Parch our shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consluential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Seller standard stock. No such termination shall retiwo the Endorser or the Seller artery of their obligations as to any goad delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must h assumed within Miry (30) days fmm the done the change or uncommon is proper. I. COMPLIANCE WITH LAW. The Seiler warrants that all goads sold hereunder shall have been produced, sold, delivered and famished in mid compliance with all applicable laws and regulations to which the goods 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 be incorporated in agreements of this chamder are hereby Incorporated herein by this reference. The Seller amen to indemdfy and hold the Purchaser harmless from ell casts and damages inflated by the Purchaser. is result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall resign, transfer, or convey this outer, or any monies due or to become due hereunder without the prior women consent ofthe other party. 10. TITLE. no Sella weans full, clear and umestrided title to the Pichuer for all equipment, materials, and items finished in performance of this agreement free and clear of any read all liens, restrictions, regmations, security interns encumbrances and claims ofothes. I I. NON WAIVER. Failure of the Purchaser to insist upon smet performance of the isms and conditions hereof, failure or delay to exercisany rights or renudies provided here. or by law, failure to Formally notify the Seller in the event of a breach,tthe acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the temp ids or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance restorer any of its rights or remedies is to any such good, regardless of when shipped, received or accepted, as many prior or subsequent default heremder, nor shall any puryorted oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the toms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognise that in proof economic practice, overcharges resorting from antitrust violation¢ are in fact home by the Purchase, Thercmfore,nfor rgood cause no as consideration for executing this purchaSe order, the Seller hereby assigns to the Purchuer any and all claims it may now have or hereafter acquired under federal or sole antitrust laws for such overcharges relining to the particular good or Services purchased or acquired by the Purchaser pursuant m this purchase mold. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwil lingness to comply, the Purchaser any cause the work no be Performed by the most expeditious means available to it and the Seller shall pay all are. associated with such work. The Seiler shall release the Purchaer and its commoner of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply on in the an of fault of negligence of the party released and shill extend to the directors. Milkers and employees afsu It parry. The Sellers courpitual obligations, including warranty, shall not be deemed ,, be reduced, in any way, berms such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is occurred to use any design, device, material or process covered by letter, patent, trndcmark or copyright the Seller shall indemnify and save Supplies the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the convect, and shall indemnify the Purchaser for any cost expense or damage which it may be obliged in 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 thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaer the right to conlinue using said almpmrnl or parts, replace the Some with substantially equal bur noninfringing didipmenl, or modify it so it becomes no dinfringing. B. INSOLVENCY. If the Sella shall become inwlvent or bairA pt make an assignment for the benefit of mcdoom. appoint a receiver or hro tne, for any of the Sellers property or business, this coma der y forthwith be canceled by the Purchases without liability. 16. GOVERNING LAW. The definitions oftenns used or the interpretation ofthe agreement and the fights of ell parties hereunder shall be computed under and governed by the laws ofthe State ofColomm, USA. The following Additional Combat. apply only in cases where the Sella is or perform work hereunder, including the services oISellm Rhopresenative(s), on the premises ofothefa 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in car of any accident, destruction of injury to the work and/or materials before Seller's firal completion and ceptance, complete the work a Sellers owm expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Sella, the Sella shall receive, unload, same and handle some at she site reed become responsible therefor as though such matcriah and/or equipment were being fiunishW by she Seller under the order. 18. INSURANCE. The Seller shall, at his own expese, Provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with me work covered 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, contmcmal and automobile public liability insurance with badly injury and death limits of at least S3W,Wo for any one person. SSW." for any one accident and property damage limit per accident of S403,000. The Seller shall likewise require his oaaders, if my, . provide for such mmpeasation anal insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of.tho, the Sella shall famish the Purchaser with a ceriflwte that such ampemad.s. and insurance have been provided. Such conditions shall spaify the date when such compensation and insurance have ban provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until and the entire work is completed and android. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for arty and all damage, loss or injury of any kind or ensure whatsoever to pawns or property caused by or resulting from the exception ofthe work provided for in this purchase worker or in connection herewith. The Seller will indemnify ed Said hvmless the Purchase and any or all of the Purchasers officers, agents and employees fmm and against my and all claims, lows, damages, charges or expenses, whether direct or indirect and whether to persons or progeny to which the PumM1aser may ba put or subject by reason of any act, action, neglect, omission or default an the pan of the Sella, any of his commands, or any of the Sellers at contractors officers, agents or employees. In case my soil or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reran of any ac4 action, neglect, omission or default of the Seller of any 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 defnad the some a the Sellers own expense, m Pay any and all rusts, electga, mmmeys fees mid other exposes, any and all judi m aki Jot may per incurred by or obavimd against the Purchaser or any of its or thew officers, agents or employees in such suds or other proceedings, and in case judgment or other lien be placed upon of obtained against the property of the Purchases, or said P+nies th or as a result of such suits or other proceedings, the Seller will at ono cause the same to be dissolved and discharged by giving bond m otherwise. The Seller and his contractors shall rake all safety precautions, famish and install all grad necessary for the prevention of accidents, comply with all laws and regulators with regard or safety including, but without limitation, the Occupational Safety and Health Ad of 1970 and all roles and regulations issued pursuant thereto. Revised 03/2010