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HomeMy WebLinkAbout104031 MOTOROLA SOLUTIONS INC - PURCHASE ORDER - 9136839City of /11�F`o_rt Collins Date: 08/05/2014 Vendor: 104031 MOTOROLA SOLUTIONS INC 1307 E ALGONQUIN RD SCHAUMBERG IL 60196 PURCHASE ORDER PO Number Page 9136839 loft This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 08/04/2014 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 5 Change Order 1 per requisition 47814 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 EA 25,362.00 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 2 of 2 L COMMERCIAL DETAILS. Tax acmptions. By statute floe City effort Collins is exempt tom sate mad local taxes. Our Exemption Number e, 98-04502. Fedtsal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collator of Internal Revenue. Denver. Colorado (Ref Colorado Revised Summers 1973, Chapter 39-26. 114 (a) Goofs Rejected. GOODS MECfED due to failure to meet specifieations, either when shipped or due in defects of damage in transit, may be h udred in you for credit and are not to the replaced except upon receipt of women instructions from the City of Fort Collins. Inspection. GOODS arc subject in the City of ran Collins inspection on animal. Final Accepan.a Receipt of the merchandise, services r equipment in response to this order can result in wulhonmd payment on 0se pan of the City of Fort Collins. however, it is to be understood rban FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Teams. Shipments must be FOB., City of ran Collins, 700 Wood St, Fan Collins, CO 80522, unless otherwise spttific l me fhi, older. If permission is given to prepay freight and charge separately, the original freight bill must messam me invoice. Additional chances for mckine will not be accented. Shipment Distance. Where mamfecmbers gave distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will 1w deducted tram Invoice when shipments am made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, sedificams ad licenses required by all applicable haws, regulatios, ordinances and toles of the she, municipality, femtory or pnlmand subdivision where the work is performed, or required by any other duly mentioned public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by rmwn of an named or esmblishcd violation of my such laws, regulations, ordinances, toles and r allum nsi s. Authorization. All panics to this contract agree that the representatives are, in fact. bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance 1. the terra and wnddions scold herein set fonts and any supplenmomry or additional terms and conditions annexed hereto or incorporated occur by reference. Any ndditioml or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted Time is of the essence. Delivery end pttficamo a must be effected within the time stated on the purchase order and the documents afhchd herein. No acts of the Purchasrs including, without limitation, acceptance offended late deliveries, shall operate in a waiver of this prevision. In the event crony delay, the Toothsome shall have, in addition to other legal and equitable readies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays due to causes not reasonably foreseeable which an Wed its reasonable combat and without its fault of negligence, such ens of God, acts ofcivil or military authorities, posemmemhl prionties, Ores, strikes, Rood, epidemics, wars or now provided that notice of me conditions causing such delay is given to the Purchaser within five (5) days of the how when the Seller first received knowledge thereat. In the fraud of my such delay, the dde of delivery shall be extended for the pmd nyml to floe time actually lost by reason aftha delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with apffachlc drawings, specifications, samples cal other descriptions given. will b< fit for the purposes intended, and perforated with the highest degree of care and ca altence in accordance wi$ accepted sendrd for work of in 'milar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may sutler or incur on account ofthe Sellers breach of war0nly. The Seller shall replace, repair or make good, without cast to the purchase, any defects or furls arising within one (1) year or within such hanger period of time as may be prescribed by law or by the terms story real icable remarry provided by the Seller after the data of cceptnnee of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not canstimte a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to ail damages proximately caused by the breach of any of the footnoie; warranties or gmrante s, but such liability shall in m event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. q. CHANGES IN LEGAL TERMS. The P,:mhaser may make charges to legal terms by wrimm change units. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the mrns, mhtt than legal tears, including editions m or deletions form the mainlifices onginlly ordered in N< sweif...ions m drawings, by verbal m written change order. If my such change affects the amount due or the time afperf once hereunder, an equitable ejostment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided Thar the Purchaser shall not be liable for any claims for amicipmed profits an the uncompleted portion of the god muter work, for incidental or consequential damages, and that no such adjustment be made in fire., of the Sell hen with reap ct, many good which am the Sellers strained afork. No such wnmination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change of termination is ordered. I. COMPLIANCE WITH LAW The Seller warefin that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods art subject The Seller shall execute and deliver such davments as may be c meal to effect or evidence compliance. All laws and regulations required to be rcoryawmal in agreements of this character are hereby incorporated herein by this expert The Seller agrees to indemnify and hold file Purchaser, harmless from all ants good damage suffered by the Purelower in a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, emrsfer, or convey this order, or my monies due or to became due hemat without the prior written cement of the other party. 10. TITLE. The Seller warrants full, clean and unrestricted title to the Purchaser for all equipment, materials, and items fumishd in performance of this agreement, free and clear of any and all liens, restrictions, resmatiors, security interest encumbrances and claim of others. 11. NONWAIVER. Failure of the purchaser to insist upon strict performance of the rtmu and conditions hereof, failure or delay to breacete any rights or remedies provided herein or by law, failure to p reardly fmofy the Seller asthe event ofa h, the acceptance of or payment for goods bamuMer at allow al ofthe design. shall not relesse the Serer of my of the warranties or obligations of this purchase order and shall tut be domed a waiver of any right of the putcha¢r to insist upon inner famformmre htseofor my of in rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate in a waiver of any of the kmn turner. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in mural a overcharges is Practice, resum armo lla, from r violations are in fact home by the purchaser. Theretol'ore,for Read cause and as comideration for executing this purchase order, the Seller hereby assigns to the Practical, any and all claims it may now have or hereefer .'required under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifire Purchaer directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability of unwillingness to comply, me purchaser may cause the work to be performed by the most expeditions teems available to it, and the Seller shall pay all cosh asmciaated with such work. The Seller shall release the Purchase, and its cam mdrrs of on, tier from all liability ad claims of any mare resulting from the performance of such wod. This ekme shall apply even in the even, of fault of negligence of the parry rdeas d and shall extend to the directors, i ffcers and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed of caused w be performed by the Purchaser. lib PATENT S. Whenever the Seller is required to use any design, device, material or process covered by letter, patenr, trademark or copyright. life Seller shall indemnify and save harmless the Purchawr from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement an any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goals, is in such suit bell[ to constitute infringement and the use of said equipment or pan is catchiest, the Seller shall, at its own expense and at its option, either procure for the Purchaser the fight to continue using said equipment or pans, replace the same with substantially equal but noninGnging equipment, or modify it an it becomes noninfdnging. 15. INSOLVENCY. If the Sella shall become insratem, or bmkrvpt, make an assignment for the benefit of variants, mount a receives or trustee for any of the Sellers pmpeny, or business, this order may foMevill b, eanceld by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemen used or me interpretation ofthe ogrcement cud the rights of all parties lamerrda shall be conswed under and gmerm d by the lawn ofthe State of Colorado, USA. The following Additional Conditions apply only in where the Seller is to perform work hereunder, including the services o'Srllers Represerefirs n), on hecases premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall tarty, on said work at Sellers own risk until the more is fully complete and accepted, and shall, in u of any accident, destruction or injury to the work avllar materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the smisfction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Sella shall receive, unload, sere and handle same at due site and become responsible therefor as though such mammas maker equipment were being famished by the Seller order the m lso. 18. INSURANCE. The Seller shall, at his own expense, provide for the paymem of workers compensation, including occupational disease benefits, in its employees employed on or in connection with the work covered by this purchase order, ..&or m their dependrnrs in acmrdence with the laws of the stow in which the work is or be done. The Seller shall also carry comprehensive general liability including, but not limited has commercial and automobile public liability insurance with bodily injury and death lamas of at least 5300,000 for any one pa -tor, SSW,oW for my one accident and property damage limit per accident of S400,000. The Seller shall likewise require his orreamon. if any, to provide for such cmnpenIDfion and insurance. Before any ofthe Sellers or his contractors employees shall do my work upon the premises idealisms, the Seller shall famish me Furtherer with a cer ifcme that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be mainaind until after the entire week is complete end aceeprd. 19. PRO 'I'ELTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire rop resibility 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 purchase order or in connection herewith. The Seller will indemnify and hold harmless she Purchsser and any r all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whither to persons or property on which the Purchaser may be put or subject by reason of any act, actin, neglect, omission or defuh on the Fon of the Sella, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or eager ptaccesimp shall be brought against the Pmehasa, or in oRecrs, agents or employees at my rime on account or by reason of my act. action. neglat, omissin or default of the Seller of my of his contactors or my of its or their officers, ages or employees as aforesaid. the Seller hereby agrees w assume the defense dwreof and in defend the same at the Sellers own expense, to Pay any and .n cares, charges, affomeys fees and other expnaes, any ad all judgments that may be incurred by or obtairfd against One Purehasts or any of is or their effects, agars or employees in such vain or other proceedings, and in was judgment or color lm be placed upon an obtainol against aloe fame dy ofthe Purchaser, or said ponies in or as a result of such suits or oNer proceedings, the Sella will an once cause the same to be dixoded and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety prom more, burnish and instil all guatd necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without lidtadmi, the Occupational Safety and Health Ad of 1970 and all toles end regulations issued pmsumn thereto. Revised 09Q014