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HomeMy WebLinkAbout104031 MOTOROLA SOLUTIONS INC - PURCHASE ORDER - 9150696 (2)City of F�or_t Collins Date: 01/29/2015 Vendor: 104031 MOTOROLA SOLUTIONS INC 1307 E ALGONQUIN RD SCHAUMBERG IL 60196 PURCHASE ORDER PO Number Page 9150696 1012 This number must appear on all invoices, packing sli s and labels. Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 01/29/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price Radio Support Agreement 1 LOT LS 64,241.28 ContractS00001020650 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 Total Pay terms net 30 days Invoice Address: 1.28 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Fan Collins is exempt from were and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenifiewc of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Charter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to filure u meet specifications, either when shipped or due to defects of damage in transit, may be rammed 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 swiJew to the Ciry of Pan Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or reciprocal in response to this order can recall in authorized payment on the pan of the City of Fon Collins. However, it is to be understood that FINAL ACCEPTANCE n depandent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most he F.O.B., City of Fan Collin,, 9W Woad St., Fan Collins, CO 80522, unless otherwise specified on this oiler. If permission is given to prepay freight and charge separately, the odgired freight bill must accompany invoice. Additional charges for parking will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the county, shipment is expected from the norm distribution point m deprivation, and excess freight will be, deducted from Invoice when shipments are made from greater discount. Permits. Sella shall procure at sellers sale cyst all necessary permits, certificates and licenses required by all applicable laws, regulations, oNhunm and mles of the sure, municipality, mmury or political subdivision where the work is paramed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees w hold be City of Fan Collin, hmmlass from and against all liability and lass incmral by ben, by wrown of an asserted w established violation of any such laws, regulations, ordinances, files and ox, ire scram Authaozation. All parties to this compact agree Nat the representatives are, in fact, bass fide and possess full and complete ambient, to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temp and coMitiones muted herein set forth and any supplementary or additional is=and condition, annexed bacto or incorporated herein by reference. Any additional or different tams and conditions proposed by seller are abjecmd to and hereby jgrd, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot snake complete shipment to arrive on your promised delivery date as rated. Time is of the ass.. Delivery and perfomume most be agated within the time sated on be purchase order and hie documents anowl eel hereto. No acts of the Purchasers including, without limitation, tramptanm ofpanial late delivmcs, shall opens, as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other Icgal and equitable candies, be option of placing this order elsewhere and held,, the Sella liable for damage. However, be Sella shall not be liable for damages as a much of delays due to causes not reospect foreseeable which aft beyond in reawmble control and without its fault of negligence, such aces official, acts oTried or military amhoridn, gwe amenat pnomics, firs, strikes, flood, epidemics, wars m crops provided But ounce of hie conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sala firs, received knowledge thereof. In the event of any such delay, be date of drinm' shut] be extended for be period expert to be time actually but by reason ofbe delay. 3. WARRANTY. The Seller warrants bar all good, articles, materials and work covered by this order will ronfoem with applicable drawings, specifications, samples and/or other dncnpuon, given, will he fit for be purposes imerded, am pea'ormed with be highest degree of care and competence in accordance wib accepted worki g, for work of a similar mature The Seller agree to gold be purchaser hznnless from any loss, damage or expense which den Purchaser may sofa or incn, on account order, Sellers breach of warrmry. The Sella shall replies, repair or make good, within, cart to be Interpreter, my defects or faults wising within one (I) year or within such longer period of time as maybe prtsainal by law or by hie terms of any applicable warranty provided by the Sella after the date of acceptance of be good fiunished heeurder (acceptance not To be unreasonably delayed), marking from imperfect or defective work dove or matmaB fiunishW by the Seller. Acceptance or use of goads by be Purchaser shall nor comphim a waiver ornery claim maker this warranty. Except po ohcameme provided in this purchase order, the Sellers liability hereunder shill exlerd to all damages proximately ..it by be breach of any of bar foregoing warranties or guarantors, 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 perms by wa ften change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tames, tuber than legal man. including eddnime to a deletion, from the qua gum originally ordered in be specification, or drawings, by verbal or written change orkr. If any such change affects be amount due w be time of performance gerturdtt, an preamble adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by within change miler, morrome Nis agreement as to any or ell Portion, of the goods then not shipped, subject to any equitable adjustment between the parties as to any wok or materials then in progress provided bat the Pumhaur shall not be liable for any claims for anticipated profits oa be uncompleted Proven crNe goods and/or work, for incidental or consequential damages, and bar ra such adjustment Ix made in favor of the Seller with respect to any good which ate the Sellers sarndard stock. No such lamination shall relieve be Purchaser w be Seller of my cfbeir obligation as to any goods delivered hara der. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjussment mast he asserted within thirty (30) days from be dam the change or lamination is ordered. S. COMPLIANCE WITH LAW. The Sella warrants but all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance wif all applicable laws and regulations to which the good art subject. The Seller shall execute and deliver such documents m may be retained to effect or evidenu compliance. All laws and regulations required to be incorporated in agreements of this charerew are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damage suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transifen or convey this order, or any monies due or to become due hereunder without be poor wrihm consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all ryuipmenn, materials, and items famished in afronvervaric of this agreement, free and clear of any and all liens, restrictions, reservations, security ialemst enemals m en and claims predicts. II.NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercisany rights or remedies provided herein or by law, failure to promptly notify the Seller in the even, of a be ach,tthe acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligation, of this purchase order and shall non be deemed a waiver of troy right of be purchaser to insist upon inner performance Impairer any of its rights or remedies as to any such good, mgadpess of when shipped, received or accepted, as to any prior or subsequent default haemder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser meognizr that in actual economic practice, trachoma resulting from antitrust violations arc in fact home by the Purchaser. Thereof ce, rforgood cause and as consideration for exceeding this purchase order, the Seller hereby position to the Purchaser any and all claims it may now have or hmreafter acquired under Faced or state anotmst laws for such overcharges relating to the particular good or services pureluud or acquired by the Purchaser pursuarot to this purchaser order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser brain the Seller to coma nonconforming or defective good by a dare a be agreed upon by be Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious meam available to it, and the Seller shall pay all casts associated with such work. The Seller shall release hie Purchaser and its contractors of any tiff from all liability and claims of any stare resulting from the Paramount of such work. This release shall apply even in the evens of fouls of negligence of the parry relepoed and shall extend to the directors,.Met. and employees afsuch pray. The Sellers commaual obligations, including vownway, shall not be dragged to ber redrmed, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device, mmenal or process covered by tenets pwew, trademark or mpynghk the Sella shall indemnify and save harmless be Purchaser from any and all claims for infringement by mager of be use of such placed design, device, natedal or promss in connection with be exatma, and shall indemnify the Purchaser for any now, expense or damage which it may be obliged to pay by reason of such inGngrmcnt at any time during the prescattion or after the completion of the work. In case said equipment, at any pan thereof or be intended use of the goods, is in such suit held to constitute infringement am1 be use of said equipment or Not is minitrack be Sella dull, at its own expense and m its option, either procure for be Purchaser the night to continue using said equipment or pans, replace be same with substantially algal but noninfringing cquipmenl, or modify it so it become mnin(ringing. 15. INSOLVENCY. If the Seller shall Income insolvent or barkmp, make an assignment for be benefit of creditors, appoint a emeaver or w,.me for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser widmat liability. 16. GOVERNING LAW. The, definitions oftemn card or the interpretation of the agreement and be rights of all parties hereunder shall be con,tmed under end gavemed by be laws ofbe Sum of Colorado, USA. The following Additional Condition, apply only in cases where be Sella is to perform wok haemda, including the service afSelleryReprescrearce(s), on da premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said wok at Sellers own risk until be avne is fully completed and accepted, ard shall, in eau of any accident, destruction or injury a be work wa for materials bef Sellers End completion and ncceptnme, wmples, the work or Sellers own expense and has the satisfaction of be Purchaser. When mmenals ard aryipnrcnt are famished by others for imallation or erection by hie Seller, the Sella shall receive, uNoad, store and hvdle same at the site and become responsible baefor as though such maeriala and/or amusing were being funri56ed by be Seller order be order. 19. INSURANCE. The Sella shall, at his own expense, provide for Ote Payment of workers comp cconson, including occupational disease bemfin, to in employees employed on m in connection with fe work covered by this purchase out ardor to their dependents in accordance with the laws of be sate in which be wok is to be done. The Sella shall also carry comprchen,ive general liability including. but not limited ter, .,.I and automobile public liability insurance with bodily injury and death limits of at to., S300,000 for any arse person, S5011000 for any one accident nod property damage limit per accident of S40Q000. The Seller shall likewise ramie, his contractors, if any, to provide for such comp rvalion and insurance. Before any of be Sellers or his contractors employees shall do any wok upon be premisn of others, the Seller shall famish the Purchaser with a certificate but such compensation and insurance have been pmvid 1. Such cewficmes shall specify fle date when such compensation and insurance have been provided. Such emnificale, shall specify N, date when such compensation and insurance expires. The Seller agrees that such compensation and however shall be maintained until after be mine wok is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire rn,probainy and liability for any and all dmnagq loss w injury of any kind or nature whatsoever to persons or property coused by or resulting from the execution wife 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 expenses, whether direct or indirect, and whether to papers or property to which be Purchaser may be put or subject by pawn of any act, cation, neglert, omission or default on be pan of be Seller, any of his contru tors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, 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 contractors or my of in or their officers, agents or employees as aforesaid, be Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all costs, charges, attorneys fees and other experan, any and all judgments that may be incurred by or obtained against be Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgmenl or other lien be placed upon or obtained against the Impurity of the Purchaser, or said partner in or in a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller end his contractors shall take all safety precaution,, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all min and regulations issued pursuant thereto. Revised Map 14