HomeMy WebLinkAbout104031 MOTOROLA SOLUTIONS INC - PURCHASE ORDER - 9143374Fort Collins
Date: 06/17/2014
Vendor: 104031
MOTOROLA SOLUTIONS INC
1307 E ALGONQUIN RD
SCHAUMBERG IL 60196
PURCHASE ORDER
PO Number Page
9143374 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: 06/16/2014 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t Service Agmt 7-14/9-14
Invoice 78268204 dated 7/1/14
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.com
1 LOT LS
Total
Invoice Address:
15,473.67
67
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 Tom Collins is exempt from were and local lanes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Station 1913, Chapter 39-26. 114 (u).
Goods Rejected, GOODS REJECTED due to failure of meet specifications, either when shipped or due in defects of
damage in Import, may he returned to you for credit and are not to be replaced except upon receipt of written
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, scrvicss or equipment in response to this older can result in
authorized payment an the pan of the City or Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependmt upon compleim are]) applicable required inspection procedures.
Freight Teams. Shipments most be F.O.B., City of Fort Collins, YW Wood Sr, Fort Collins. CO 80522, unless
otherwise specified on this order. If perrnission is given to prepay freight and charge s@atcly. the original freight
bill must accompany invoice. Additional charges for parking will not be Accepted.
Shipment Distance. \Mere manufxturers have dktributing points in various pans of the country, shipment is
expected from the nearest distribution point to destitution, and excess freight will be deduced tram Invoice when
shipments are nude from greater absence.
Patudts. Seller shall procure at sellers sole cost ail necessary permits, criifipalrs and licenses required by all
applicable laws, regulerimss, ordinance arts roles trim, sate, municipality, territory, or political subdivision where
the work is performed, err required by my other duly considered public authority havingjurisdinion over the work
of vendor. Seller fuller agrees to bold the City of run Collins harmless from and against all liability and loss
ineurted by them by reason of an armed to aublolved violation of any such laws, regulations, ordinances, mles
land "cirem on.
Authonration. All parties to this contract agree that the representatives am, in fact, bow fide and possess full and
complete authority to bind said perah
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions wand
herein set fall and any supplementary or whiniowl ferns aal candidwis annexed hereto or inswEanted herein by
reference. A, addammiL m diffires, if . all conditions proposed by miles art objective] m and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT i dwdJmmly ifyou cannot make complete shipment to form an your
promised delivery date as noted. Time is of ffe comae. Delivery and performance most be effected within the fine
stated an the purchaec other and the documents anachW hereto. No rots of the Purchasers including, without
limitation, acceptance of partial late delivernes, shall operate as a waiver of this provvion. In the event of any delay,
the Precancel shall have, in addition to other legal and media remedies, the option of plain, ffii order elsewhere
and holding the Seller liable for damages. However, the Seller shall not In, liable for damages as a result of delays
due to wows not reasotubly fore aremble which are beyond its reasonable control and without in fault of negligence.
such acts o'God, aze afenil or military authorities, govemmenel Pri ihes, fires, strikes, food, epidemics, wars or
no. provided the notice of Ne mradhioas rousing such delay u given to the Purchmtt within fire (5) days of the
time when the Seller fast neeived knowledge lhermf. In the event of my such delay, the date of delivery shall be
extruded for the proud equal m the time actually lost by reason ofthe delay.
S. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this lumber will conform with applicable
drawings, specifications, samples andor offer descriptions given, will be rat for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
-mil. crime. The Seller agrees . hold the purchaser harmless floor any lass, damage w expense.which the
Purchaser may supper or incur on account offs, Sellers breach of commonly. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer pedal of
time as may be prescribed by law or by the mini of any applicable warranty provided by the Seller after the date of
acceptance of the goods f ished hereunder mereuence not to be unreasonably delayed), resulting from imperfect
or defective work done or materials Pomished by the Seller. Acceptance or use of goods by the Purchaser shall not
onstite a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shell extend to all damages proximately caused by the breach of any of the foregoing %.rank,
or guarantor, 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 tome. by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, ocher than legal terms, including millions fro or deletions from
the quantities originally call in the specifications or coolant, by vembal o written ebmtge order. If any such
change affects the amount due or the time of performance hereunder, as equitable adjustment shall be made.
6. TERMINATIONS.
The Puahuer may or any time by woman change order. terminate this agreement as In oily or all prmions of rise
good then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in
progress provided that the Purchaser shall nut be liable or any claims far anticipated profits a the uncompleted
woman of the goads and/or work, for incident or consequential damages, and that no such tjurmenl be made in
favor of the Seller with respect to any goads which are the Sellers standard stock. No such terminalien shall relieve
the Purchaser or the Seller orally of their obligation a as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be armed within thirty (30) days from the data the change or mmenewim is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants Hart 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 are subject. The Seller shall execute and
deliver such documents as may be required of effect or evidence compliance. All laws and regulations required m be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages soffcad by the Purchaser as a result of the
Sellers failure e. comply with such law.
9. ASSIGNMENT.
Neither pray shall sssign, transfer, or convey ffis order, or any monied due or to become due hereunder without the
prior wdnrn consent office other party.
I(r TITLE,
The Seller warm m, full, clear and unrestricted title w file Purehal for all equipment, rnmenals, and items famished
to parribrocance of this agreamml, free and clear of my and all lien,, manctiaru, reservations, instantly interest
encumbrances and claims ofrMrs,
11. NON WAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
exercise any rights or marshes provided hervin or by law, failure to promptly oolify the Seller in the event of a
branch, the aremeace of or payment for Goods hereunder or approval of the design, shall oat release the Seller of
any of the warranties or obligations of this pruchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shalt any purposed
onl modification or rtuission of this purchase order by the Norman operate as a waiver of any of file temu
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, o emh.m ge, resulting froantilmst
a violtare ions in fact home by the Purchase, Theremforefaagood cause and as consideration far executing this
pureR u aide, the Seller hereby assigrss m the purchaser any and all claims it may now have m hereafter
acquired under federal or smte -If., fauns for such overcharges reining to the particular goods m smices
purchased or acquired by the Purchaser pursuant to this purebese order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchamr directs the Seller to comet nonconforming or defective goods by a daze m be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates in inability w unwillingness to comply, the Purchaser
may caws, the work to he performed by f is most expeditious means available to it, road the Seller shall pay all
costs associated with such work.
The Seller shall release the Pumluaer all its mnhamars of any her firm all liability and claims of any nature
mmhing from the performance of such work.
This release shall apply area in the event of fault of negligence of the party, released and shall extend fro the
directors, office and employees ofsuch parry.
The Sellers mntractoal obligation, including warranty, shall not be deemed to be reduced, in my way, because
such work is performed or wmtud to he perforated by the Purchaser.
14. PATENTS.
NTcnner thc Seller is required to use any design, device, material w process coveted by Ruder, patent, trademark
or copyright, the Seller shall indemnify all save harmless the Purchaser from my and all claims for infringement
by . of the n,e of such patented design, device, mmeoal or process in roomection with fhe emmx, and
shall indemnify the forerunner for my east, expense or damage which it may be obliged to pay by reason of such
inGngement at any time during $e pumerutio r or after the completion of the wad. In esse said equipmmr, or
my pan thereof or the intended use of the good, is in such sad held m aonsbture minngement and the me of
said equipment or now is enjoined, the Seller shelf at its own expense and at its option, either procure for the
Purchaser the night to continue using said equipment or pans, replace the same with substantially ryual but
noninfnaging equipment, or modify it sat it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for file benefit of credowl, appoint a
receiver or trustee for my of the Sellers property or business, this order may foMwith be canceled by the
Purchaser wither liability.
16. GOVERNING LAW.
The definitions Of it. used or the iatemrentim afthe agreement art, the rights of all partin heremnder shin be,
omitted under and governed by the laws of file State of Colorado, USA.
The following Additional Conditions apply only in cases where file Seller is to perform work hereunder,
including the smices of Sellers Representative(s), on the premises ofoWers.
IZ SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is Polly completed and meeptd, and shall,
in cave of any said,., destmetion ar injury to the work real materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation of erection by the Seller, fire Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being numerical by the Seller under the order.
18. INSURANCE.
T he Seller shall, at his own 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 color,
and/or to their dependents in accordance with the laws of the scam in which the work is to be done. The Seller
shall alw carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and derb limn, ore least SJW,WO for any one person, 55 mmin for any
one occident and property damage limit per accident of S400,000. The Seller shall likewise require his
if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Pumhasan with a ariffioate
that such compensation and insurance have been provided. Such cenifacrea shall specify the date when such
compensation andinsurance have been provided. Such certificates shall specify the date when such compensation
nA insurance expires. The Seller agree that such compensation and insurance shall ber maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby asnmes the entire responsibility and liability for any and all damage, loss or injury of any kind
or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this problem order or in connection herewith. The Scher will indemnify and hold hamtless the Prather., and any
r all of the Purchasers onicers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or pmpeny, m which the Pumh rser may
be put or subject by reason of any act, action, neglect, omission m default on the pan of the Seller, any of his
coulmetom. or any of the Sellers or contractors officers, agents or employees. In race any suit or offer
proceedings shall be brought againsnhe Purchaser, or its Officers, agents or employees at any time on account or
by reason of any act action, neglect, omission or defmlt of the Seller of any of his commercials or my of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees m assume doe defense thereof and of
defend the same at the Sellers own expense, to pay any and all costs, charges, wormrys fees and offer expenses,
any and all judgments Hut may be incurred by or obtained against Hoe Putchsser or any of its or their officers.
agents or employees in such suits or offer proceedings, and in case judgment or other Iran b , placed upon or
obtained against file pmpeny mithe Purchaser, or said parties in or ma a result of such suits or other proceedings,
the Seller will at once cause the same of be dissolved and discharged by giving band or otherwise. The Seller and
his emtrmlors shall take all salary precmtiona, finish and install all guard necessary for %e prevention of
accidents, comply with all farm and regulations, with regard m sawy including, but without limitation, Her
Occupmioml Safety and Health Act of 1970 and all roles and mgulatiom issued pursuant thereto.
Revised 03R010