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HomeMy WebLinkAbout125038 H & H DATA SERVICES INC - PURCHASE ORDER - 9123944City of /000"'F6rt Collins PURCHASE ORDER PO Number Page 9123944 1of2 This number must appear on all invoices, packing slips and labels. Date: 07/11/2012 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: 07/11/2012 Buyer: ED BONNETTE Note: PER 7007 CABLING INSTALLATION CONTRACT WITH H&H DATA. PER INVOICE #12503 DATED 6/5/2012 & SIGNED WO #12503. Line Description Quantity Ordered UOM Unit Price Extended Price PROPOSAL#120215 PHASE I 1 LOT LS 19,915.94 MWARF PROJECT COST Total $19,915.94 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions IPage 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fun Collins is exempt from state and local taxes. Our Exemption Number is 11. NONR'AIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Deter, 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 ofor paymem fur goods hereunder or approval of the 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 warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepu 1, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of thi purchase order by the Purchaser operate as it waiver of any of the recurs Inspection. GOODS are subject to the City of Fort Collins inspection an menal. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CI. AIMS. authorized payment on the pan of the Cityof Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize l that in actual economic practice, overcharges resulting from anlitmst ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home 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 hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchase pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 1 13. PURCHASERS PERFORMANCE OF SELLERS OIILIGAI'IONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is tribe 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 thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditions means available to it, and the Seller 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 laws, regulations, ordinances and rates of the suite, municipality, territory or political subdivision where The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature the work is perfumed, or required by any other duly committed public authority having jurisdiction over the work resulting front the performance of such work. of vendor. Seller further agrees to hold the City of Fort Collins harmless 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 This release shall apply even in the event of fault of negligence of the party released and shall extend to the and requirements. directors, officers and employees ofm h party. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because complete authority to bind said panics. such work is performed or caused to b performed by the Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated i herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by 14. PATENTS. reference. Any additional or different tents and conditions proposed by Seller are objected to and hereby rejected. Whenever the Seller is required to use my design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement 2. DELIVERY. by reason of the use of such patented design, device, material or process in connection with the contract, and PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such promised delivery date as noted, lime is of the essence. Delivery and performance must be effected within the lime infringement at any time during the prosecution or after the completion of the work. In case said equipment, or stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event orally delay, said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere Purchaser the right to continue using l said equipment or pans, replace the saute with substantially equal but and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays noninfringing equipment, or modify it it becomes noninfringing. due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivd or military authorities, governmental priorities, fires, strikes, food, epidemics, wars or 15. INSOLVENCY. riots provided that notice of the conditions causing such delay is given m the Purchaser within five (5) days of the If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery Shall be receiver or trustee for any of the Sellers properly or business, this order may forthwith be canceled by the extended for the period equal to the time actually last by reason ofthe delay. Purchaser without liability. 3. WARRANTY. 16. GOVERNING LAW. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable The definitions ofterms m or tM1e interpretation of the agreement and the rights of all parties hereunder shall be drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, unit consumed under and governed by the laws of the State of Colorado, USA. performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, Purchaser may suffer or incur on account of the Sellers breach of warranty'. The Seller shall replace, repair or make including the services of Sellers Repersl ntatiue(s), on the premises of others. good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of 17. SELLERS RESPONSIBILITY. time m may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect in case of any accident, destruction or l inj wry to the urork and/or materials before Seller's final completion and or defective work done or materials furnished by the Seller. Acceptance or we of goods by the Purchaser shall not acceptance, complete the work m Sellers own expense and to the satisfaction of the Purchaser. When materials constitute a waiver of any claim under this warranty. Except m otherwise provided in this purchase order, the Sellers and equipment are furnished by others,for Installation or erection by the Seller, the Seller shall receive, unload, liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties store and handle same m the site sad become responsible therefor as though such materials and/or equipment or guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRe\NT'Y were being famished by the Seller under the order. OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational The Purchaser may make changes to legal terns by written change order. disease benefits, to its employees employed on or in connection with the work covered by this purchase order, 5. CHANGES IN COMMERCIAL TERMS. and/or to their dependents in accordance with the laws of the stale in which the work is to be done. The Seller The Purchaser may make any changes to the terns, other than legal terms, including additions to or deletions from shall also carry comprehensive general liability including, but not limited to, contractual and automobile public the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. one accident and property damage limit per accident of S400,000. lime Seller shall likewise require his contractors, if tiny, to provide for such compensation and insurance. Before any of the Sellers or his contractors 6. TERMINATIONS. employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate The Purchaser may al any time by written change order, terminate this agreement as to any or all portions of the that such compensation and insurance have been provided. Such etnificmes shall specify the date when such goods then not shipped subject to any equitable adjustment between the parties w to any work or materials then in compensation and insurance have been provided. Such certificates shall specify the date when such compensation progress provided that the Purchaser shall or be liable for any claims for anticipated profits on the uncompleted and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in entire work is completed and accepted. favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve ` 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. the Purchaser or the Seller crony of fl ar obligations as to any goods delivered hereunder. The Seller hereby assumes the entire responsibility and liability for any and all damage, toss or injury of any kind 7. CLAIMS FOR ADJUSTMENT. or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in Any claim fur adjustment most be asserted within thirty (30) days from the date the change or termination is this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any from losses, damages, ordered. or all of the Purchasers officers, agents and employees and against any and all claims, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may 8. COMPLIANCE WITH LAW. be put or subject by reason of any act,action, neglect, omission or default on the pan of the Seller, any of his The Seller warrants that all goals sold hereunder shall have been produced, sold delivered and famished in strict contractors, or any of the Sellers or 'contractors officers, agents or employees. In case any suit or other compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to their officers, agents or employees w aforesaid, the Seller hereby agrees to assume the defense thereof and to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, Sellers failure m comply with such law. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in caw judgment or other lien be placed upon or 9. ASSIGNMENT. obtained against the property ofthe Purchaser, or said panics in or as a result ofsuch suits or other proceedings, Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the the Seller will al once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and written consent of the other party. his contractors shall take all safety precautions, Finnish and install all guards necessary for the prevention of prior accidents, comply with all laws and regulations with regard to safety including, but without limitation, the 10. TITLE. Occupational Safety and Health Act off 70 and ail rules and regulations issued pursuant thereto. The Seller wwumis 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 liens, restrictions, reservations, security interest Revised 03/2010 encumbrances and claims of others.