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HomeMy WebLinkAbout104031 MOTOROLA SOLUTIONS INC - PURCHASE ORDER - 9146239PO PURCHASE ORDER 914623er Page C117/ of PURCHASE 9146239 ' of z Flirt Collins s This number must appear /�,,:-\V`I V 1 1�7 on all invoices, packing sli s and labels. Date: 10/24/2014 Vendor: 104031 Ship To: POUDRE FIRE AUTHORITY - AD MOTOROLA SOLUTIONS INC 102 REMINGTON 1307 E ALGONQUIN RD FORT COLLINS CO 80524 SCHAUMBERG IL 60196 Delivery Date: 10/24/2014 Buyer: DOUG CLAPP Note: ref. WSCA contract #72536YYY15M/WSCA please ship to the following " Wireless Advanced Communications 3901 West Service Road, Evans, CO 80620 Line Description WU411U`y UOM Unit Price cmenueu Ordered Price Radio Engine 2 1 LOT LS 5,775.25 quote # QUO000295799 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 Ennail:purchasing@fcgov.com Total $5.775.25 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 1. COMMERCIAL YMAILS. Tax exemption. By smtum the City of For Callus is exempt tram same and local taxes. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry M-6000587 is registered with the Collector of Failure of the Purchaser to scout upon stain performance of fie terms and conditions hereof, failure or delay to Imemal Revenue, Denver, Colorado (Ref. Colorado Revised Sawtes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the went of a breach, the acceptance of or payment for goads hereunder or approval ofthe design, shall not release the Seller or Goods Rejected. GOODS RD ECTF,D due to failure to most specifications, either when shipped art due m demai of any of the warranlics or obligation of this purchase order and shall not be deemed is waiver of say right ofthe damage in transit, may be returned to you for credit and are not to he replaced except upon receipt of written purchemr to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless insbuctions tram the City of Fort Celli.. of when shipped, Tmeived or accepted, as to any prior or subsequent default hemunder, not shall my puryorted said combination or rescission of this purchase order by the priciest operate as a waiver of my of fie anon Impaction GOODS are snbjal to the City of For Cdlim inspection on arrival. hereof. Final Acceptance. Ramps of the memhatdise, mi,joe, or equipment in rspamc to this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized prycoen, as the pan of the City of Fort Collins. However, it is b be understood that FINAL Seller and the Purchaser reeom m that in actual m osa is practice, sharlies resulting firm antimust economic ACCEPTANCE is dependent upon completion of all applicable requireoo d inspection predures. violation arc in fact home by the Purchaser. Theretofore, good caux and no conideafon for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terns. Shipments mast be FOB, City of For Collins, 700 Wood St, TO, Collins, CO 80522, unless acquired under frdeml or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this Offer. If pam wim is given to prepay freight and charge separately, the original freight purchased an acquired by the Purchaser pursuant to this purchase order. 601 must accomaonv invoice. Additional charea for packim will not be accented. Shipment Distance. Wbere mscumnurers have distributing points in various pars of the country, shipment is expected from the moral distribution point to dedication, and excess freight will h deducted from Invoice when shipments are ma de, greater dni nce. Permits. Seller shall procure at sellers who cast all neramary permits, cerificma and licasn required by all applicable laws, mgulatiom, ommunca and Toles Of the stare, municipality, mmmry or political subdivision where the work is Performed, Or acquired by any offer duly mnlituted public authority bavinkipansdiction over the work of vender. Seller further agrees to hold the City of Fort Collins harmless fmm and againt all liability and loss incurred by them by rmwn of an asserted or established violation of any such laws, regulations, indication, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in feel, bons fit, and Inassaw full and complete authority to bind said paries. LIMITATION OF TERMS. This Purchase Omer expressly limits acceptance to the rams and conditions stated herein set fork and any supplementary, or addltloml mans and conditions innanal bar. or inompomfd herein by reference. Any additional or different erms and conditions proposed by seller are objected to and hereby rejafed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedlmely if you cannot make complete shipment 1. mrive Or your premised delivery dam as noted. Time is of the essence. Delivery and performance must h effected within the time acted on the purchase order and the docameas attached hereto. No no of me Purehaers including. without limitation, acceptance of partial late deliveries, shout operate as a waiver of this provision In the event of any delay, the Purchase, hall have, is add, lionm other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not No liable for damages as o result of delays due to causes not measurably foreseeable which are beyond its remmmble control and without its fault of negligence, such acts of God, ate¢ of civil or military authonfes, govemmanml priorities. Fares, shakes, food, epidemics, wars or no¢ provided that notice of the conditions causing such delay is given to the purchaser within live (5) days of hie time when the Seller first received kwwledge demcf. In me event of any such delay, the date of delivery shall be extended for the period equal to the time smelly lost by reawn of the delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work covered by this Omer will conform with applicable drawings, spmificafons, mmples maker other descriptions given, will h fit for the purywes intended, and performed with hie highest degree of care and competence in accordance with accepted standards for work of a 'miler nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of wommy. The Sella shall replace, repair or make good, without cost as the purchase. any defects or faults arising within one (1) year or within such longer period Of time as may b, prescdbN by law or by the man of my applicable waranry provided by the Seller afar the date Of acceptance of the goods furnished heauMer (acceptance not to h unreasonably delayed), resulting fmm imperfect Or defective work doom or mateda6 famished by the Seller. Acceptance or use of goods by the Purchaser shall at con date a waiver ofmy claim under this warranty. Except as otherwise provided in this purchase offer, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my ofthe foregoing wammics or guarantees, but such liability shall in no went 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 be legal firms by wdnen change Omer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make tray changes rr he mama, other than legal terms, including additions to or deletions from the quantities originally ordered in the speei fications or drawings, by verbal or samen change order If my such change aftects the amount due or the time ofped'oammce hersumla. an equitable adjustment shall h made. 6. TERMINATIONS. The Purchaser may at any time by wines change Omer, terminate this agreement as to my m all potions of fie goods then not shipped, subject to any equitable sdjmtmmt betwcen the parties as to any work or materials then in progras provided that the Purchaser shall not h liable for my claims for anticipated profits oa the umompleted portion of the goods and/or work. for incidental or cmrscquential damages and Nat no such adjustment be made in favor ofthe Seller wit respect to anygoods which we the Sellers standard stock. No such minimalist shall relieve the Purchaser or the Seller of any oftheir obligations m to any gout delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) day,, from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller womnts fat all goods sold formula shall hate hen produced, sold, delivered and fumishcd in strict compliance wish all applicable laws and «gulation to which me goods are subject. The Sella shall exam a and deliver such documents as may the requlrr l to effect or evidence compliance. All laws and regulations required to be incorporated as agreements of this character are thereby incorporated herein by this reference. The Sella agrees to indemnify and held the Purchaser hamlesa from all costs and damages mRan] by the Purchaser as a result of the Sellers failure to comply with such Into 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the poor wnna roman ofthe Omer parry. 10. TITLE. The Sella warrants full, clmr and ornamented title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, f and clear of any and all lien , manctima reservations, marry interest encumbrances and claims ofo time. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a dam to No agreed upon by the Purchaser and the Seller, and hie Seller thereafter indicates its inability in unwillingness to comply, the Purchaser may cause the work to h performed by the most expeditious means mailable to i. am me Seller shall pay all costs associated with such work. The Sella shall release the Purchaser and its contrmuors of my her tram all liability and claims of my Tatum minding from the perfaommce of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, oficas and employees fsuch any. The Sellers conformal obligation, including warranty, shall not be dernmd to be reduced, in any way, because such work is Performed or caused to be performed by the Purchases. 14_PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lefter, patent, aadentmk or copyright, the Sella shall us erawfy and save hmmlres the Purchaser from my and all claims for infn'ngemem by reason of me use of such patented design, device, material or posters in connection with the matrac. and shall indemnify the Purchaser for any cast, expense Or damage which it may be obliged m pay by remain ofsuch infringement at any time during the pmseation or after the completion of the work. In rase said equipment, or any Pan 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 enjained, 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, replace the same with substantially equal but irminliinging equipment, or modify it so it becomes noninfdnging. 15. INSOLVENCY. If me Seller shall become insolvent or baN:mpt. make an assignment for the benefit of creditors, appoint a insceiver or trustee for any ofthe Sellers Property or business, this order may forthwith h stressed by the Purchase, without liability. 16. GOVERNING LAW. The defrsaimss affairs used or the interpretation of fie agreement and the rights of all parties hereunder shall to ontrued under and governed by me laws ofthe Stale of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perfatm work hereunder, including the services of Sellers Repremntative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. Th Seller shall cons, on said work at Seller's own risk until the same is Billy completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or marmots before Sellers final completion and acceptance, complete the work or Sellers own expense and to the satisfaction ofthe Purchaser. When rmfnaB and equipment era famished by others for installation or emNon by the Sella, like Seller shall receive, unload, stem and handle ante ar the she and become rapondle charger as though such mafnals andtor cqutpment were being, ished by the Seller under the Omer. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease henefts, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of me site in which the work is to be done. The Seller shall also carry, mummer -or general liability including, but rot limited to, saxaacmal and aummobile public liability insurance wim bodily injury, and drab limits of at least $300,000 for any one person, 5500,000 for any one accident and proper, damage limit For accident of SelOd". The Seller shall likewise require his crommons. if any, to provide fan such compensation and insurance. Before any of the Sellers of his contractors employees shall do any wodr upon the premise of others, the Seller shall f iah the Purchaser with a cenifrcae Nat such compensation and inurance have been provided. Such certifimta shall specify the dam when inch compensation and insurance have bean provided. Such cerifiata shall specify hie date when such compensation and announce expires. The Seller agrees that such comp motion and insurance shall h maintained until after the entire work is completed and accepted. 19. PROT EC'I'[ON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibil try and linbiliry for any and all damage, loss art injury of any kind Or mom whatsoever 1. persona 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 the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or exp uses, whether direct Or mifirem. and whether ro person or property to which no Purchaser may be put or subject by crown of any art, action, neglect, omission in deGuh on the par of the Seller, any of his corrosion. or my of the Sellers or contractors officers, agents or employees. In am any mil or other proceedings shall h brought againt the Purchaser, or its Officers, agents Or employees ar any time on account or by reason of any act action, neglect, omission or default of me Sella of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to sssume she defense fermf and to defend me same at the Sellers own expense, to pay any and all casts, charges, altomeys fees and offer expenses, any and all judgments that may be incurred by or obtained agaimut the Purchaser or any of its or their oft ers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of me Purchaser, or said parties in or as a result of such suits or Omer proceedings, me Seller will at once came the same to be diuolved and discharged by giving bond or oferwise. The Sella and has canno tors shall take all safety prreautimec furnish and fixed all guards marmary for she prevention of accidents, comply wit all laws and regulations with regard to safety including, but without limitation, the Campatioml Safety and Health Act of 1970 and it rules mall regulaiaas issued pursuant memo. Revised 07n014