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HomeMy WebLinkAbout125 H & H DATA SERVICES INC - PURCHASE ORDER - 9120882PURCHASE ORDER PO Number Page City of 9120882 j 1 of 2 Flirt This number must appear CollinsJ ,�—,J`-' ` on all invoices, packing slips and labels. Date: 02/10/2012 Vendor: 125038 Ship To: MIS H & H DATA SERVICES INC CITY OF FORT COLLINS 1310 WEBSTER AVE 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80524-4 Delivery Date: 02/10/2012 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price H&H PROPOSAL#1112003-1 1 LOT LS 6,440.89 CH14 FIBER Cam, c3. oil s� U City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcnns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax memptions. fly saale the City of Tom Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-(HS02. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist open strict performance of the terms and conditions hereof, failure or delay to Interim! Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (af exemisc any rights or remedies pmvidcd herein or by law, failure to promptly notify the Scllcr in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of any of The wamnlics or obligations of this purchase order and shall not be deemed a waiver array right of the damage in transit. may be reamed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance bacofor any of its right, or remedies as to any such goods, regardless instmctioas from the City of Fort Collins of whm shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any putpnned oral modification or rescission of this purchase order by the Purchaser operate as a mvaiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof, Final Acceptance. Receipt of the merchandise, scrviecs or equipment in response to this order can result in 12. ASS IG NA TENT OF A NTITR UST CLA I MS. authorized payment on the pan of the City of Fort Collins. Howxver, it is to be understood that FINAL Seller and the Purehriser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all appl ieabic required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or herca0er Freight Tents. Shipments must be F.O.B., City of Fnn Collins. 700 Wood St_ Fort Collins. CO 90522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified on this otdcc If permission is given to prepay freight and charge sepanusly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufacturers have distributing points in various pans of The country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller,and the Seller dwiea0cr indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Scllcr shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable Imes, regulations, ordinances and rules of the state, municipality, territory or 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 Fort Collins hamless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws. regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics, LIMITATION OF TERMS, This Purchase Dole, expressly limits acceptance to the tans and conditions stated herein set forth and any supplcmemary or additional terms and conditions annexed hereto or incraTeramil herein by reference. Any additional or different tens and conditions proposed by scllerere objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this provision. In the event crony delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order clscwherc and holding the Seller liable for damages. Browser. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its rcnonablc control and without its fault ofnegligcncc, such acts of Grad, acts ofeivil or military amhoritics, governmental priorities, rims, strikes. Bond, epidemics, wines or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of time when the Seller first received knowledge thereof. In the event of ary such delay, the date of delivery .shall be extended for the period equal to the time actually lost by reason tribe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order Mill conform with applicable drawings, specifications, samples and/or other description given, will be fit for the purposes intended, and performed with the highest degree of cam and confidence in accordance with accepted standards for wort: of a similar nature The Seller agrees to hold the purchaser hamless form any loss, damage or expense which the Purchaser may suffer or incur an account of the Sellers breach of wamnty. The Seller shall replace, repair or make good. without cat to the purchaser, any dcfcds or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the terms crony applicable wantonly provided by the Seller aficr the date of acceptance of the goods famished hereunder (acccptanm not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as chemise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamntics cr guarantees, but such liability shall in no event include loss ofpmfits or loss crime. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal terms. including additions to or deletions from the quantities originally ordered is the specifcatinns ear drawings, by verbal or crown change under. If any such change affects the amount due or the time ofpe.fomance hereander, an equitable adjustment shall be made. 6. TERMINATIONS, The Purchaser may at any time by written change order, teminate this agreement as to any or all portions of the goods then no shipped, subject to any equltable adjustment between the panics as to any work or materials then in prunes, pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect In any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser, or the Seller ofany t their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asscncd within thirty (30) days from the date the change or teminiion is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumishcd in strict compliance with all applicable laws and regulations to which the goods am subject. The Seller shall execute and deliver such documents as may be required to cffcet orevidcnec compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaur hanot from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such Irv. 9. ASSIGNMENT. Neither party shall assign, mnfcq or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. BL TITLE. The Seller warms full, clear and unrestricted title to the Purchaser for all equipment, materials. and items furnished in performance of this agreement, free and clear of any and all lien, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the Dent of fault of negligence of the parry released and shall extend to the directors, of rem and employees ofsuch party. The Seller's contractual obligations, including wam my, shall not be deemed to be reduced, in any way, because such work is perfomcd or caused to be performed by the Putehaaer. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent. trademark or copyright, the Scller shall indenni(y and save harmless the Purchaser 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 tiny cost. expense or damage which it may be obliged to pay by reason of such infringcmcnt at any time during the pmsccution ear amen the completion strike work. In case said equipment, or any part thcrenf or the intended use cribs goods, is in such suit held to constitute infringement and the use of said equipment or part is enlnined. 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 nnninfringing equipment, or modify it so it Hammes nonin(ringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankort, make an assignment for the benefit of creditors, appoint a receiver or tntstcc for any of the Scllcrs property or business. This order may forthwith be canceled by The Purchaser without liability. 16. GOVERNING LAW. The definitions often s used or the interpretation ofthe agreement and the rights ofall panics hemonder shall be conned under and governed by the Incas ofthc State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Rcpmscntativc(s), on the p¢miscs of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scller's own risk until the same is fully completed and accepted, and shall, in case of any accident. destruction or injury to the work and/or materials before Scllcr's final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials and equipment arc fumishcd by ethers for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and become responsible thercfar as though such materials and/or equipment were being furnished by the Scller under the order. 19, INSURANCE. The Scllcr shall, at his own expense, pmvide for the payment of workers compensation, including occup tinnal disease bcnefils. 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 the state in which the Work is to be done. The Seller shall also carry comprehensive general liability including but not limited to, eontractnnl and automobile pnblie liability romance .with bodily injury and death emits of m least SS06.000 for any one person, 5500,00e for arty one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if tiny. to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ofelhcrs. the Seller shall furnish the Purchaser with a certifieale That much compensation and insurance have been provided. Such ecnificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date'rhea such compensation and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until ;Herr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller henchy assumes the entire responsibility and liability for any and all damage. loss or injury of any kind or nature whatsoever to persons ear property caused by or resulting from the execution ofthe work pmvidcd for in this purchase otdcror in connection herewith. The Seller will indemnify and hold hamless the Purchaser and any or all of the Purchusers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses. whether direct or indirect. and wheher In persons or property to which the Purchaser may he put or subject by reason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his contractors. or any of The Scllcrs or contractors olfcers, agents or employees. In case any suit or other pmcccdings shall be brought against the Purchaser. or its officers, agents or employees at any time on account or by reason of tiny act, action, neglect, omission or default of the Seller of any of his con".cmr: or any of its or their officers, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof mad to defend the same at the Scllcrs own expense, to pay any and all costs, charges, attorneys fen and other expenses. any and all judgments that may be incomd by or obtained against the Purchaser or onv of its or their officers. agents or employees in such suits or other proceedings, and in cost judgment or other licit be placed upon or obtained against the pmrxny ofthe Purchaser. or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by it bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Oceumlional Snfry and Hcalth Act of 1970 and all rules and regulations issued pursuant therctn. Revised 0312010