HomeMy WebLinkAbout104031 MOTOROLA SOLUTIONS INC - PURCHASE ORDER - 9144474Fort of
Date: 08/05/2014
Vendor: 104031
MOTOROLA SOLUTIONS INC
1307 E ALGONQUIN RD
SCHAUMBERG IL 60196
PURCHASE ORDER
PO Number Page
9144474 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 08/05/2014 Buver: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i Quote # Q00000284181 1 LOT LS 35,002.00
Total
Pay terms net 30 days
Invoice Address:
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
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 EmaTpurchasing@fcgov.com PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemplars. B e smtum the Ciry report Collins is exempt firm sate and local taxes. Our Exemption Number is
I I. NON WAFVER.
98-tX502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the Puchaser ro insist upon start performance of the terns and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smite, 1973, Chanel 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 of flit design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet spedfcm m , either when shipped or due to deltas of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver or any fight of the
damage in mayor may be resumed an yap for credit and art not to ha replaced except upon receipt of written
Purchaser to insist upon start performance hereof or any of its rights or remedies as to any such goods, regardless
instructions Room the City of Fort Collins.
of when shipped received or accepted as to any prior or subsequent default hereunder. am shall any purported
and modification or rescission of this purchase order by the Puahasn affair, as is waiver of any of the terms
lospenict GOODS are subject o the City of Fort Callim inpection on mnvaL
hereof.
Fiml Acceptance. Receipt of the merchandise, services or equipment in response so this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Pon Collins. However, it is to be understood than FINAL
Seller and the Purchaser recognize that in actual economic practice, oveaM1amges resulting fmm antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact home by the Purchaser. Theretofore, f good cause and as consideration for executing his
purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Tenn,. Shipments limit be F.O.B., City of Too Collins, 700 Wood Sr, Tom Collins, CO 80522, unless
acquired under federal or state antilmst laws for such overcharges relating to the particular goads or services
mherwise specified on this order. If permission is given to Prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursranuo this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13.PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment resume. Wheremanufamurers have entry,rearm
ye in carries party of the
n
defctivegoodsbyandale m beaimed on by the
PmchasorySells the Seiler to honer
w
point to destimtian, and amass freight will M deducted farm Invoice wM1m
mestic., and ductal
expected form Ne neareat duter
ro complye the Pumhaser
Pumhascr and the Seller, and rhe Sellery indicates its e Purchaser
Purchaser its inability m anble
shipments are made from greater dismnec.
disco
1. it,
may cause me work m be performed by the most expeditious seam available ro it, and the Seller dull pay all
the .1 expeditions;
costs associated with such work.
Fermis. Seller shall procure at sellers sole cost all necessary permits, compares and licenses required by all
applicable laws, regulations, ordinances and rules ofrhe one murchadV, territory ar political subdivision where
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 Fun Call ins harmless from and against all liability and Ins
incurred by them by reason of an assumed or wtablishnl violation of any such laws, regulations, ordinances, mles
and requirements.
Authorization. All panics to this contract agree fiat the representatives are, in fact. boa fide and possess full and
complete andr my to bird said panics.
LIMITATION OF TERMS. This Purchase Order expressly ho irs acmptance to the man and condiuons statd
herein set fomN and any supplementary or addiriowl Firms aM mnddiom arrested hereto or incotpomed herein by
reference. Any additional or different tams and conditions proposed by seller are objected to and hereby jeered.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment in arive on your
promised delivery date as noted. Time is of the essence. Dol Ivory and perCowence most be effected within the time
sand on the purchase order and the documents attached hereto. No acs of the Purchasers including, without
limitation acceptace mpartial Ise deliveries, shall operas m a waiver ofthis provision. In the event crony delay,
the Purchaser shall have, in addition to other legal and equitable rtmdies, she option of placing this order elsewhere
and bolding to Seller liable for damaga. However, the Seller shall not W liable for damages as a result of delays
due to causes not reasonably foramable which are beyond its reasonable mows and without its fault of negligence,
such acs of God, acts ofcivil or military sumorilies, governmental promotes fires, strikes. Food, epidemics, wars or
hots Provided Nat notice of the conditions causing such delay is given to rise Purchaser within fiver (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the pound equal to the lime actually last by reason of the delay.
3. WARRANTY.
The Seller wamdnts that all goods, articles, materials and work covered by this order will cantor with applicable
drawings, specifications, samples and/or other descriptions given, will be ❑t for the purposes intended, and
Performed with the highest degree of care aM competcnm in accordance with accepted saadnrd for work of a
similar metre. The Seller agrees an Sold the pureM1azer Warless from any lass, damage m expect which the
ruminator may sutler or incur on account of the Sellar breach of warmriry. The Sella shall replace, repair or make
good, without cost to the purchaser. any defects or faults unsung within one (I) year or within such longer penal of
time az may be proxci bed by law or by the tams of my applicable warranty provided by the Seller after the date of
acceptance of the goods furnished hereunder (acceptance not m be unreasonably delayed), milling farm imperfect
or defective work done or nolainls fumisM1ed by the Seller. Acceptance or use of goods by the Purchaser shall not
rnstitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to al I damages proximmedy caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include lass of pmfis or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser fray make chan8a m legal terns by xdnen change order. .
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes m the tenor, other than legal to., including zdditans, m or deletions firm
the quantities originally ordered in die specifications or drawings. by verbal or wrincir change order. If any such
change affects the amount due or the time of Ic rforince hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
no Purchaser may at my time by w.inen change order, teramone mix agreement m to any or all random of,hc
good then not shipped, subject to arty equitable adjustment between the parties as to any work or materials then in
progress provided that the Professor shall not be liable for any claims for anticipated profit on me uncomplered
random of the goers unfair work, for incidental or cawyuentul damages, and that no such adjustment to made in
favor of the Sella with respect to any good which art the Sellers standard stock. No such nomination shill relieve
the Purehasa or the Seller of any it obligations re to my goods delivered heranda.
7. CLAIMS FOR ADJUSTMENT.
Any claim rot adjustment must be asserted within thirty (30) days from the date the change or coronation is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced sold delivered and famished in strict
compliance with dl applicable laws and regulations No which the goods are subject The Seller shall execute and
deliver such documnms as may be requird to effect or evidence..,Jr.. All laws and regulation required m be
ncorpommd in agreements of this character an, hereby incorpomted hereto by this ref nce. The Seller agrees to
indemnify and hold the Purchaser harlew From all cars and damages suffered by the Purchaser as a result of the
Sellers failure to amply with such law.
9. ASSIGNMENT.
Neither pndy, shall resign, tmmfr, or convey this order, or any monies due or to become due hereunder without the
prior written moment of the other party.
10.TITLE
-
The Seller warrens full, fear and unmuic[ed 60, b the Purchaser for all equptmnl, mxterirls, and items bombed
or perfotmanre of cis egreater, free ad clew of any and all liens, restrictions, rnmatiom, secufiry interest
encumbrances and claims of others.
The Seller shall release the Purchaser and is contractors of any tier from all liability and claims of any name
resulting firm the Isafmrance arsuch work.
This release shall apply even in the occur of fault of negligmre of the party, released and shall extend to the
directors, officers and employees ofsuch parry.
The Sellers contractual obligations, including warmly, shall not ar deemed to be reduced, in any way, because
such we& is performed or rased Ire be perford by the Purchaser.
14. PATENTS.
Whenever the Sella is required to use any design, device, mmefial or process coverwi by li ten pmenL uademork
or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and al I claims for infim mom
by reason of the use oI such patented design, device, material or process in connection with the contract, and
shall indemnify be Purchaser for any cost, expense ar damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or other the completion of the work. In case said equipment or
any pan thereof or the intended use of the goods, us in such suit held to constitute infringement and the use of
said 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, Tlure the same with substantially eqid bur
nonirritating equipment, or modify it so it becomes noninGnging.
IS. INSOLVENCY.
If the Sella sbid[ became insolvent or bankrupt, make an resu meal for me benefit of auditors. appoint a
receiver or tustee for any of the Sellers proper or Wom,N this offer may forthwith be canceled by the
Purchaser without ]iability.
16, GOVERNING LAW.
The definitions oftener used or the interpretation ofrhe agreement and me rights of all parties hereunder shall be
combined under and governed by the laws of the Sate ofCalumdo, USA.
The following Additional Conditions apply only in cases where the Seller is W perform work hereunder,
including the services of Seller Representative(,), on the premiss of ushers.
19. SELLERS RESPONSIBILITY.
The Seller sbid[ carry oa said work at SdIa', own risk .,it the same is Fully completed and occurred, aad shall,
ase of any accident, destruction or injury to the work and/or materials before Sellers final completion and
cepance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload,
anue and handle same at the site and become responsible therefor as though such materials andor equipment
were being Imoished by the Seller under the order. .
18. INSURANCE.
The Seller shall, at his own expense, preside for me payment of workers mmpematim. including occupdimul
do. benefis, m is employees employed on or in connection with the work covcad by Nis purchase order,
and/or to their dependents in accordance with the law, of the sate in which me work is to be, done. The Seller
shall also carry comprehensive general liability including, but not limited to, con[mcmd and nmomobile public
limit it, insurance with bodily injury and death limits of at least 5300,000 for any one person, 5500,000 for any
one omident and propery damage limit per accident of 5400,000. The Seller shall likewise require his
if any, to provide for such compensation and in Before any of the Sellers or his contractors
employees shall do any work upon the premises of other. thee. Seller shall famish the Purchaser with a certificate
that such compensation and insurance have bean provided Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificuta shall specify she date when such compensation
ail imumnce expires. led Seller agrees rem such mor,comion and insurance shall be maintained —fit a0m the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liabilityfor any and all damage, loss or injury army kind
or nature whatsoever to persons or property caused by or resulting from the execution ofthe work Provided for in
this purchase order .,in connection herewif. The Seller will indemnify and hold horses the Purchaser and my
or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
Fix, 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 anwemrs afters, agents or employees. In one my suit or other
proceeding sladl be, brought against the ProvM1azer, or its oReers, agents or employers at any time on account or
by reason of any not, action, neglect, omission or default of the Seller of any of his contranom or any of its or
their of irms, agents or employees as aforesaid, the Seller hereby agues m assume Ne defense mermf and to
defend Ne same at the Sellers awn expenx, m pay any and all ems, charges, attorneys fees and other expcmes,
any and all judgments that may be incurred by or obtained against me Purchaser or any of is 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 progeny of the Purchase, or said parries in or as a result of such suits or other proceeding,
the Seller will al race cause the some to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors slell take ail safety Portraiture, famish and install all gaud necessary for the prevention of
accidents, comply with all laws and regulations with regard to safely including, but without limitation, the
Occupational Safety and Health Act of 1970 aad all ides and regulation issued pursuant therm.
Revised 07R014