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Home My WebLink About125038 H & H DATA SERVICES INC - PURCHASE ORDER - 9140482Fort Collins Date: 01/17/2014 Vendor: 125038 H & H DATA SERVICES INC 1310 WEBSTER AVE FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9140482 1of3 This number must appear on all invoices, packing slips and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 01/17/2014 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 CABLING -SENIOR CENTER REMODEL 1 LOT LS 31,563.32 PROPOSAL#1309011-A 2 CABLING -SENIOR CENTER REMODEL 1 LOT LS 5,553.60 PROPOSAL# 130911-B 3 CABLING -SENIOR CENTER REMODEL 1 LOT LS 4,314.98 PROPOSAL#1309011-C 4 CABLING -SENIOR CENTER REMODEL 1 LOT LS 7,052.38 PROPOSAL# 1309011-E 5 CABLING -SENIOR CENTER REMODEL 1 LOT LS 1,278.33 PROPOSAL# 1309011-J 1 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9140482 2of3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 6 CABLING -SENIOR CENTER REMODEL 1 LOT LS 3,043.08 PROPOSAL#1309011-K 7 CABLING -SENIOR CENTER REMODEL 1 LOT LS 208.00 PROPOSAL#1309011-L For PO Lines 1 thru 7: Terms and Conditions per Services Agreement awarded per City of Fort Collins Bid# 7007-Cabling Installation. 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 013.69 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 3 of 3 I. COMMERCIAL. DETAILS. Tax exemptions. Hy statute the City of Port Collins is exempt from state and heal cars, Our Exemption Number is 11 NON WAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with me Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay m Internal Revenue, Denver, Colorado (Ref Colorado Revisad Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach, the acceptance of art pry ....I for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected, GOODS REJECTED due In failure m meet sPwifcanions. either when shipped or due I. 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 tmrvsit, may be mnmd in you fur credit and are not o be replaced except upon receipt of Orman purchaser to insist upon strict performance hereof or any of its rights monarchies as to any such goods, regardless instructions from the Cityof For Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any prepared Orel modification or rescission of fis purchase order by the Purchases operate m a waiver of any OCR, to. Impwtlon. GOODS arm subject o the City of For Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, scridicalor equipment in replace to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aufncrimd payment on the par of the City of Tom Collins. However, it is to be understood that FINAL Seller and the Purchaser macrame that in actual economic practice, o erchages resulting from antitrust ACCEPTANCE is dependent .,a retardation ofall applicable required inspection pmcedmes. aiolafiens are in fact Was by the Purchaser.Theraofom. for goad came and as consideration for executing this re purchase older, the Seller hereby assigns o the Purchaser any and all claims it may n w have or heafter Freight Terms. Shipman.anted I e P.D.R., City of For r Collins, )00 Wood S, Far Collins, CO 80522, unless acquirefd under stem) or state maintain laws for such overcharges relating to the particular ar goods or sen'ices minamose specified oa this under. If permission is given 10 prepay freight and charge separately, the sorted fiction purchased or acquired by the Pushover pursnem to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Disance. Where manufacturers have distributing points in various parts of the country, shipment is Ifthe Ptuehsser diretts the Seller to correct nonconforming or defecfiee goods by n date to be agreed upon by the expected from the ream, distribution mint no destination, and excess freight will two deducted from Invoice when Purchaser and the Seller, and the Seller ❑areafter indictors its inability or unwillingness to comply, the Purchaser shipments are made Gom greater duranc, may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all cos¢ associated with such work. Permits. Seller shall procure at sellers side cost all now., per, rtificates andmcs lies required by all applicable law regulations, gulatio, on ind tal es of theetaince stale, municipality, factory or political subdivision where the work is performed, or mluiral by any other duly constimtted public authority hiving jurisdiction over the work of vendor Seller father agrees to hold the City of For Collins harmless from and against all liability and loss incurred by them by roman of at, msamid or established violation of any such laws, regulations, ordinances, tales and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and onu lam authority in bind said panics. LIM 11'A'I ION OP I RMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein se, forth and any supplemmafary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional Or differ.,, tots and conditions proposed by seller are objected to and hereby jetted. 2. DELIVERY, PLEASE ADVISE PURCHASING AGHN I' immediately if you cannot make complete shipment m arrive on your promised driver, data us noted. Tore is of the essence Delivery and anforu...re nmst be effected within the now stated on the puobmc ardor and fl:c duns arts attached harem. No acts of the PurHrnsas including, xrthout Limitation, aelmarle of partial Imc del'aHe; shall upn'ule as it ,river of Ibis prevision. In the event Of delay, ILO Purchaser shill have, in addition m nfl er legal and egniablc remedies, the option Of placing this order elsewhere and bolding the Seller liable lot damages. However, the Seller shall Out be liable for domoges m a result ofdelays due to causes not reasonably fomsewhlc which ore beyond Ifs reasonable annual and without its fault of neglimn such its of God are ofri,il or military authorities, goverion null priorities, fires, strikes, flood, endemics, wars or nors provided that notice of the conditions amsing such d.loy is given to the Purchaser within five (5) days of the four when the Seller hour received kwwlarge thereat'. In the event of any .wch delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3.WARPUMTY. The Seller warrants that all goods, articles, maenads and work covered by this order will conform with applicable drawings, specifications, samples antor other descriptions given, will be fit for the purposes intended, and 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 Purchaser may suffer or incur on account of the Sellers breach of warrmny. The Seller shall replace, repair, or make good, without cost to the purchawn any defects or four%closing within one (I) year rwithin such longer period of time as may la, p cconbed by law or by the leans of any applicable warranty provided by the Seller after the date of acceptance of the goods frmishal hereunder (acceptance not to be unreasonably delayed), resulting from impereal or defective work done or materiels futaided by the Seller. Acceptance or use of goods by the Purchaser shall not consfinm a waiver of any claim under this warranty. Except as otherwise recorded in this pumhaw older, the Sellers liability hereunder shall extend to at I damages proximately caused by the branch of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profi%or loss of nse. NO IMPLIED 11'ARR,xNTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Pu¢bsser may make changes to legal terms by canna change order. 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may make any changes I. the I., other than legal same, including additions 1. or deletions from the quantities originally oldereJ in the epecifinmioos or drawings, by verbal or written change older. If any such change oflec%the amount due or the time of performance hereunder, on equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, mmninsic this agreement as to any or all portions of the goods than rat shipped, subject to any e,udala e:aljmf rrom bofween the parties ns to any work or matmeh then in progress provided that the Purchaser shall not be liable fr, any claims for anticipated profit an the uncatapletd ,onion of the goods We, work, for will or tom yueatial damages, and that no such adjustment be made in Favor Of the Seller with respect,, any goads which are the Sellers standard stack. No such nomination shall relieve the Purchaser or the Set let of any of their obligations as; to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjnsrmem most be nexa ad within from, (Fu Joys from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. 'IM1e Seller wwrrmvs IM1a, ill paid, sold hereunder salt have been produced, sold, delivered and famished in wart ,urn,liance with all mpdiwble law, iced regulations to which the goods are sujw,. The Seller shall execute and deliverroad in ligmnmrtnof it varied mrhect e hair incopcomniatem All laws and rver. TheSrequired es be rem nifty a in old theePu of ser armldracroe s Iera hereby it and damages herein by ,his heerenee. The Seller mirth I e indemnify and bold the wall tucr harmless Gom ill cos% and Jamugcs suffered by the Purchaser as, a rcmlt of the Sellers failure to comply with mcb Inca. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey fblx order, or any monies due or to Irccome due hereunder without the part widen consent of the.,he, Early. 10. TITLE. Ile Seller warrants full, clear and unmincmd title to the Partial for at I g Yore 1, mammals, and items famished in performance of this agreement, free and clear of any and all hem, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any mature reselling from the performance oferch work. This release shall apply even in the event of fault of negligence Of the Early released and shall extend to the directors, officers and employees clinch party. Ile Sellers contractual obligations, including w'aTlnry, shall not h deemed to be reduced, in any way, because such work is performed or caused to be orkirmad by the Purchaser. 14. PATENTS. Winston the Seller is required to use any design, device, material or process covert) by letter, patent, trademark copyright, the Sit ter shill indemnify and save hannlcss the Purchaser from any and all claims for infringement by reamsrm of ,he use of such puleaed design, duvire, armorial at process in connection with the commit, and shall indemnify the Pumhuser for any cost, expense or damage which it may be obligal to pay by reason of such arrangement or any lime during me prosecution Or after the completion of the work. In case said tompmwl, or any part thereof or the intended use of the goads, is in .such suit hold to ctuorinle infringement and the use of said egnipmcnl or pan is amjoi tad, the Sailor shall, ;it its own expense and of its option, either pro a for the Purchaser the right I,,continnc using sled egnipmcut nr purls, replace the sambst e with suantially apart but noniaft nging opurnwnt, or modffy it so it recounts nonintringing 15. INSOLVHNCY. If the Seller shall became inmlvrnt nr bankrupt, make an assignnmat for the benefit of creditors, appoint a Torriver or trustee for any of the Severs property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemn used or the ianoymfalian afthe agreement and the rights of oll parties hemander shall be construed under and governed by the laws oflhe Sam i f Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder including the services of Sellers Repreurmancepik oa the premises ofothers. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work el Sellers own risk until the same is fully completed and acceptd, and shall, in arse of any accident, destrucrion or injury to the work and'or materials before Sellers fiat completion and acceptance, complete the work at Shcces awn expense and to he satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or ertmion by the Sella, the Sella shall receive, unload, store and handle same at the site and became expensible therefor as though such materials major equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the paymem olfaction, compensation, including occupatimml disease benefits, to its employees employed on or in connection with the work covered by this purchase order, supper to their dependen% in accodance with the laws of the state in which the work is to be done. The Sella shall also carry comprcherame general liability including, but nor limited to, commented and automobile public liability insurance with bodily injury and death limits of at teal S300,000 for any one person, $5e0,000 for any one accident and property damage limit per accident of S4110000. The Seller shall likewise fortune his contractor, if any, to provide for such compensation ..it insurance. Before any of the Sellers or Ns magone ars employees shall do any work upon the premises of others, the Seller fial I famish the Pvrchiser your a merriest, flat such compensation and insurance have been provided. Such eon fierfes shall specify the data when such encapsulation and insurance have been provided Such certificates shall specify the dam when such compensation and moreame wpovx. The Seller agrees that such compensation and insurance shall be mtinerined until after the entire work is completed and wcepfel, 19. PROTECTION AGAINSTACCIIIEN fS AND DAMAGES. 'Ile Seller hereby assumes the or responsibil ity and liability for any and at l damage, loss or injury crony kind Or nature whatsoever 1. persons nr property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnity and hold harmless the Purchaser and any r all of the Purchasers oRn,ni, .gems an I ern,fym, from and ugoinst any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be at or subject by reason of; Y act, nation, neglect, mniaston or default on the part of the Seller, any of his contusions, or any of the Sellers or contriouris olRcers, .gears o employees. In oar any out Or other proceedings start l be bnnmlm against the Pardoner, or its officers, opens or ampluyees a1 any date on arcane, In by reason of any Oct. Orion, "I'll. omission or defult ol'thc Seller of any of his contractors Or any of is or their officers, agents or lourryros its aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, or pay any I I all rue%. charges, mmrneys fees and other expenses, any and all judgments that may be incurred by or ,banned against IM1e P... theater or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or criminal against the property of the Purchaser, or said parties in or as a result of such suits Or other proceedings, the Seller will at once cause the same to he diswdveal and discharged by giving bond or otherwise. the Seller and ]us contractors shall take all safely precautions, famish 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 Occupational Safety and Health Act of 1910and all tales and regulations issued pursuant thereto. Revised 03R010