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HomeMy WebLinkAbout104031 MOTOROLA SOLUTIONS INC - PURCHASE ORDER - 9144475PO Number Page City.of PURCHASE ORDER 9144475 1of3 FoCollins This number must appear on all invoices, packing sli sand labels. Date: 08/05/2014 Vendor: 104031 MOTOROLA SOLUTIONS INC 1307 E ALGONQUIN RD SCHAUMBERG IL 60196 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 08/05/2014 Buyer: PAT JOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Quote # QUO000284203 1 LOT LS 4,589.50 2 Quote # QUO000286324 1 LOT LS 1,997.63 3 . Quote # QUO000286324 1 LOT LS 332.94 4 Quote # QUO000286324 1 LOT LS 332.93 Llv;.�'F1� 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER 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@fogov.00m PO Number Page 9144475 2 of 3 This number must appear on all invoices, packing sli s and labels. Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and meal taxes. Our Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with be Collector of Failure of the Purchaser to insist upon strict performance of the terms and condition hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 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 of or payment for goods hereunder or approval fthe design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wananties or obligations of this purchase order and shall not be deemed a waiver of any right of the bridge in brown. may be returned W you for credit and are not to be replaced except upon receipt of maiden purchaser to insist upon strict performance hereafter any of its rights or remedies as W any such goads, tegafdlas instructions from the City of Ford Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pupwaed oral modification or rescission of this purkes, aide, by the rowhmer operate m a waiver of any of the reams Inspection. GOODS are subject to the City of Too Collins inspection on mrrvat, 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 on the pan of the City of For Collins. However, it is to be understood that FINAL Seller and the Purchsser recognize that in whand economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fuel home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns bo the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments rarer be IrO.B., City of Fan Collins, 700 Wood St., Fort Collins, CO 80522. unless acquired under federal or stoic antitrust laws for such overcharges relating in the particular goods or services otherwise specified on this order. Ifpetmission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchmerpursamn to this purchase order. bill most wmmpany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Whom manufacturers have distributing points in various pans of the runway, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreM upon by be expected from the nearest distribution peirt to deainatiow, end excess freight will be dedurted farm Imnice when Purchaser and the Sella, unit thaw Seller Nerea0er indicates its inability or unsv ilingracss to comply, the Purchaser shipments are made from greater distinct. may cause, the work as be performed by the mast expeditious means available bo it, and the Seller shall pay all costs associated with such work. Permit. Seller shall procure at sellers sole cast all necessary roman, certificates and licenses required by all applicable laws, regulations, ordinances and rare%of the state, municipality, territory or political subdivision where (be work is perfownM, or rationed by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Four Collins harmlem from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authtaystion. All panics to this commit agree that the representatives me, in fact babas tide and success full and complete auburies to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the it. and mndidwas scared herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and ronditions imposed by seller are objected to and hereby rejected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot nuke complete shipment to active on year promised delivery date as noted. lime is of the esaeace. Delivery and performance must he effected within the time stated on the purchase rather and be documents attached hereto. No acts of the Pualo as including, without limitation, acceptance affected late delivmes, shall opemte as a waiver of this provision. In the event of any delay. the Purchaser sbit have, in addition to he, legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Harvest, the Sell,, shall not be liable for Damages as a result of delays due W causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such aces of Gad, aces ofcivil or military authorities, governmental prionfcs, fires, strikes, flood, epidemics, wars or riots provided but nmice of Ne conditions cousin, such delay is given m the Purchaser within five (5) days of the time when the Seller first received knowledge therm[ In the event of any such delay, the date of delivery shall be extended for the Period equal W the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrens tut all goods, articles, materials and work covered by this miler will conform with applicable dmwimge, i,giff rmiom, samples and/or .,her descriptions give, will befit for the puryom, amended, and performed with be highest degree of care and competence in accordance work accepted standards for work of a similar mount. The Seller agrees to hold the purchmer harmless from any loss, damage or expense which be Purchaser may suffer or incur oa account of the Sellers breach of warranty. The Seller shall replace, repair or make ,nod, wifcal cast to the purchase, any d6oves or faults arising within one (1) your or within such longer period of time as may be prescribed by law or by the terms of any applicable wommry provided by the Seller after the dote of cceptanec of the goods famished hereunder Determine not to be unemmnably delayed), resnlhng from and Fee .feel or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver crony claim under this warranty. Except in otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmomently canted by the breach of any of the foregoing wananties ar guarantees, but such liability shall in as event include loss ofp.fi,s 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 comes by written change order. 5. Cl LANCES IN COMM17RCIAL TERMS. The Purchaser may make any changes to be terms, other than legal terms, including additions to Or deletions from the quantities originally ordered in the specifications or drawings, by vnbal or written change order. If any such change affeces the amount due or the time of performance hereunder, on equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by writen change order, terminate this agreement m to any or all portions of the goods then not shipped, subject in any equitable adjustment between the ponies as to any work or materials then in progress provided trial the Pumhas r shall not bu liable for any claims for anticipated pmtits on be uncompleted potion of the goods arbor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers stanched stuck. No such termination shall relieve the Pumbec er or the Seller crony of their obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from be dam the change or termination is content 8. COMPLIANCE WITH LAW. The Seller marrow am all goods sold hereunder shall have been produced, sold, delivered and mounted in strict compliance with all applicable laws and regulmiom W which the goods are subject The Seller shall execute and deliver such documents res may be required to effect or evidence compliance. All laws and regulations required ra be incorporated in agreements of this character a a hereby incorporated herein by this tolerance, The Seller agrees to indemnify and hold ,he Purchaser homeless from all rows and damages suffered by the Purchaer se a resuh or the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither porty shall assign, branches. or convey this major, or my monies due or to become due hereunder without the prior waken consen, ofthe other Party. 10. TITLE. The Seller We., f II, clear and unresparted tide to the Purchaser for all equipment, materials, and items famished n performance of this agreement free and clear of any and all liens, conditions, reservations, security interest encumbrances and claims of mines. Pic Seller shall release the Purchaser and its contractors of any her from all liability and claims of any nature retailing from the porfommnce ofsuch weak. This release shall apply even in the event of fault of negligence of be party released and shall extend m the directors, olEcer, end employees of such patty. The Sellers con amend obligations, including w.ty, shall .1 be decided to be reduced, in any way, because such work is perfomred or ..it to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark at copynght, the Seller shall indemnify and sate handless the Purchaser from any and all claims for infringement by reamn of the two of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaer for any cost, expense or damage which it may be obliged to pay by reason of such inGngement at any time during me prosecution or after the completion of the work. In case said equipment, or any pan member or the intended use of be goods, is in such suit held W enmtitule infringement and be use of said equipment or pan is enjoined, be Seller shall, at its nun expense and a, it argon, either procure for be Pumhzser the right to continue ming said equipment or pans, replace the mine with substantially equal but noninfn-nging equipment or modify it an it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bahmpt, make an assignment far the benefit of creditors, appoint v or trustee for any or the Sellers property or business, this order may fmhwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofteetm used or the acterpreamon ofthe agreement and be rights of all panics hneander shall be ca ovaued under and governed by the laws ofrhe Sum of Colorado, USA. The following Additional Conditions apply only in cases where be Seller is to perform work hereunder, including the services of Sellers Representativubb on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident destruction or injury to the work and/on materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to Ne satisfaction of the Purchaser. When materials and equipment are famished by others far ..Italian or erection by the Seller, the Seller shall receive, unload, store and handle same an the site and became responsible Nerefm as though such nnownale ardor equipment were being famished by the Sella order the order. 18, INSURANCE. The Seller skill, 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 are, and/or to their dependents w ac madmie with the laws of the stare in which the work is I. be done. Pic Seller shall also may comprehensive general liability including, but not limited le, contractual and automobile public liability insurance with and ly injury and death limits of at least 5300,000 for any one Person, 5500,000 for any ccident and proppty damage limit per accident of 5400,000. The Seller shall likewise ,,air, his contractors, if any, to provide for such compemaion and insurance. Before any of be Sellers or his contractors employees sbill do any work upon the premises ofothers, the Seller shall goodish the Poahaser with a certificate Oat such compensation and insurance have been provided Such renifptn shall specify the date when such compensation and woumnce hoe been provided. Such comficata sbull specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be arma ainM until after the entire work is completed and i-sTand 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes not entire cammusibi lily and liability for any and all damage, loss in injury of any kind at vwre whatsoever to persons or property caused by or resulting from the execution of the work provided for in this patches, order or in connection becoming. The Seller will indemnify and hold harmless be Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losst damages, charges or expenses, whither direct or indicts, add whether m persons or property to which be Parchmer may bit par or subject by ro mn of soy act, action, neglect, omission or default on be pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employers. In case any suit or other proceedings shall be brought against the Purchase, or its officers, agents or employees at any time on account or by reason of any act, action, neglect omission or default of the Seller of any of his computers or any of its or ionic oRcers, ,in. or employees as aforesaid, lia Seller hereby agrees to assume the defense thereof sad to defend the same at the Sellers own expense, to pay any and all cost, charges, atmmeys fees and Other expenses, any and all judgment that may be incurred by or obtained against be Purchaser or any of its of 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 property ofbe Purehasn, or said parties in or as is result of such suits or who, proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his mntramors shall take all saf[ry precautions, famish and instill all guned naessary Inc Ne prevention of accidents, comply with all laws and regulations with regard W safely including, but without limitation, the Occupational Safety and Hplth An of 1970 and all rules and regulators issued pmmatint thereto. Revised 09I2014