HomeMy WebLinkAbout125038 H & H DATA SERVICES INC - PURCHASE ORDER - 9141391Fort Collins
PURCHASE ORDER
PO Number Page
9141391 'eft
This number must appear
on all invoices, packing
sli s and labels.
Date: 03/06/2014
Vendor: 125038
Ship To:
MIS
H & H DATA SERVICES INC
CITY OF FORT COLLINS
1310 WEBSTER AVE
215 N MASON, 3RD FLOOR
FORT COLLINS CO 80524
FORT COLLINS CO 80524-4408
Delivery Date: 03/04/2014
Buyer:
DAVID CAREY
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
1 H&H Proposal#1306002-1 (Alt#2)
1 LOT
LS
984.00
CablingJob: NIX FARM NEW ADMIN
City IT Contact: Hillary Koontz
2 H&H Proposal#1306002-1
1 LOT
LS
16,799.81
CablingJob: NIX FARM NEW ADMIN
City IT Contact: Hillary Koontz
3 H&H Proposal#1306002-1 (CH01)
1 LOT
LS
5,286.71
CablingJob: NIX FARM NEW ADMIN
City IT Contact: Hillary Koontz
For PO Lines 1 thru 3:
Terms and Conditions per Services Agreement awarded per
City of Fort Collins Bid# 7007-Cablinq 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
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terris and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Pon Collins is exempt f m state and local taxes. Our Exemption Number is
11. NON WAIVER.
98-04502. Federal Excise Tax Exemption Contribute of Registry 84-6hil is registered with the Collector of
Failure of the Purchaser animist upon strict pefformarom of the terms and conditions hereof, failure or delay m
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statures 1973, Chapter 39-26,114 (a).
exercise any rights or,m+edies provided herein or by law, failure to promptly notify The Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure m meet specifications, shiner when shipped or due to defects of
any of the command. 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 art not to be replaced except upon receipt of aruen
purchases, to insist upon sestet performance hereofor any of it .,his of remedies ss to any such goods, en tdless
instructions from the City of Fort Ci liim.
of when shipped, received or accepted, as many prior or subsequent default hereunder, nor shall any purpsned
and modification or rescission of this punch ow order by the Purchaser operate M a waiver of any of The memo
Inspection. GOODS are subject to the City of Pon Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, cervices in equipment in response to, this order ten result in
12. ASSIGNMENT Or ANTITRUST CLAIMS,
authorized payment or the tun of the City of Fort Collim. However, it is w be understood that FINAL
Seller and the Purchaser recognize that in actual mornmen, practice, overcharges resulting from moment
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations am in fact home by the Pumh pow. Tbemodre, for good coma and as consideration for executing this
purchase order, the Seller hereby assigns io the Purchaser any and all claims it may now have or hereafter
Dwain To.. Shipments now be F.Ols.. City of Fort Collins, 7W Wood St, Fort Collins, CO 80522, unless
acquired under fsi al or state antitrust in. for such overcharges relating w On particular good or Serviar
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
purchased at acquired by the Purchaser pursuant to This purchase order.
bill must accomuanv invoice. Additional charges for making will not be wrested.
Shipment Disburse. Whem manufacturers have distributing points in van ns pans of the country, shipment is
expected from The nearest distribution paint to destinvtion, and excess freight will be deducted from Invoice when
Shipments are made form grtmer distance.
Permits. Seller shall procure at sellers sole cost all necessary pmmirs, matificares and licenses "rod by all
applicable laws, regulations, indications 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 jun hithon m'er the work
of vendor. Seller brother agrees to hold the City of Fort Collins hornless from and against all liability end loss
incurred by them by reawn of on intermit or esoml shed violation of any such laws, regulations, ordinances, rates
and requirement.
Authorization. All parties to this conm¢t agree that the representatives are, in fact, bona fide and possess full and
pmplete authority ,, bind said panics.
LIMITATION OF I'FIRMS, 'Ibis Purchase Order expressly limits acceptance to the terms and conditions stated
herein Set forth and any m,,ilnnetnary, or additional it., and conditions annexed hereto or incorporated herein by
reference. Any additional or dilicrcin Tems and conditions proposed by seller are objected to and hereby miscued.
2. DELIVERY.
PLEASE ADVISE PURCIIASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as Telex] 'Time is of the essence, Delivery and por ormence must be effected within the time
stated on the purchase order and the documents attached herein. No net of tie Purchasers including. without
Ilm oulmn, acceptance of partial lac deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchase, shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding The Seller liable for damages. However, be Seller shall not be liable far damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligenee,
such acts of Cod, acts of civil or military, inelmrnlas, govemmenml purities, fires, strikes, Bond, epidemics, wars or
riots provided that notice of the conditions musing such delay is given to The Purchaser within five (5) days i the
time when the Seller first received knowledge thereof. In the event of any such delay, the dare of delivery shall be
extended fur the period equal To the Time actually lost by reawn ofthe delay.
3. WARRANTY.
The Seller warrants That all goods, articles. Materials and work covered by this order will count with applicable
drawings, sp vifvoicip, wri ampar ode, descriptions given, will be fit for the proposes intended, and
performed with the highest degree of core and competence in acwrdarme with accepted standard for work of a
Similar nature. The Seller agrees To hold the puchse, butmless from any lass, damage or expense which The
Purchaser may sufferer incur on account of the Sellers breach of wamanry. The Seller shall replace, repair or make
good, without cast to the purchaser, tiny defects or fault arising within one (1) year or within such longer pmod of
time M may be prescribed by law or by the te,ms army applicable Seemingly presided by the Seller after The date of
acceptance of the goods famished hereunder (acceptance not is be unnourrably delayed), resulting form imperf r
or defctive work done or materials famished by the Seller. Acceptance muse of goods by the Parchsser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in This purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no scam include lass of profits or loss of use. NO IMPLIED WARRANTY
OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CI IANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by waimm change order
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any chmges a+ the Terms, other than legal tams, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or wrinen change orderIf any such
change affects the amount due or the time of performance hereunder, an attainm able adjustment t Shall be mode.
6. TERMINATIONS.
The Purchaser may al any time by written change order, terminate this agreement M to any or all ponimw of The
gurvts it,,,, not shipped, subjem m any couimble adjustment between the parties a to any work or materials then in
progress provided that the Purchaser shall nut be liable for any claims for anticipated profits on The uncompleted
portion of the good andfor work, for incidental or consequential damages, and now no such adjustment be made in
favor of the Seller with respect to any gwd which art the Sellers standard stock. No such nomination, shall relieve
the Purchaser or the Seller army order, obligations M to any goods delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be weaned within thirty (30) days from the date The change or tcmmiwtion is
ordered.
8. COMPLIANCE WITH LAN'.
The Seller warrants That all good mid hounder shall hue been produced, sold, delivered and famished in li ict
compliance with all applicable laws " regalatimss m which the goods are subject. The Seller shall execute and
deliver such dmvments as may be required To effect o, evidence compliance. All laws and regulations taryird to be
incorporated in ag, mpi of this almoner arc hereby incorporated herein by this Tolerance. The Seller agrees to
indemnify, and led dre Purcbaar harmless form all costs and damages su@red by The Purchaser M a result of The
Sellers failure to comply will such law.
9. ASSIGNMENT.
Neither pars,, shall assign, transfer, or convey This order, or any monies due m to become due herewda without The
prior women convent of IT, chef parry.
10. TITLE.
The Seller warrants full, clear and umnnicted title te de Purchaser for all equipmmb materials, and items fumishnd
in pormormance of This upwasio L free and clear of any and all liens, ,esaicame, reservations, secunty interest
encumbrances and claims ofothers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser direct the Seller to comet nonconforming or defxtive good by a date to be agreed upon by The
Purchoser and the Seller, and the Seller d reafer indicates its inability m unwillingness in comply, the Purchaser
may cause the work to be performed by The most expeditious means available to it, and the Seller shall pay all
usts assucinted with Such work.
The Seller shall release the Purolator and its contractors of any tier from all liability and claims of any nature
resulting from the performance of such work.
This olwou shall apply even in the event of fault of negligence of the party released and Shall extend to the
directors, mfiicect and etnpbyees of such party.
The Seller's romrucmnl ubligntions, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be perforated by the Purchaser.
14. PATENTS.
Winona, or the Seller is enquired m Me any design. device, material or process covered by lane,, parent, Trademark
or copyrigln, the Seller shall indemnify and save Meraless the Purchaser Tom any unit all claims for Infdngement
by reason of the use of such rumored design, device, material or process in connection with the contract, and
shall indemnity the Purchaser for any cost, expense or damage which it may be obliged to pay by reason crawl
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or The intended use of the good, w in such suit held to constitute infringement -it the use of
said equipment or an is enjoined, the Seller shall, at its own expense and at its option, eider procure for the
Purchaser the right to continue using Said equipment or parts, replace the same with substantially coast but
noninfringing equipment, or modify, it w it becomes noninfrimang.
IS. INSOLVENCY.
If The Sella shall become insolvent or bankrupt, make an assignment fur the benefit of creditors, appoint a
or truster for any of the Sellers properly or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The defnitions oftems used or The interpretation of the agrmnent and the rights of all parties hereunder shall be
command under and governed by the laws oflhe State of Colorado, USA.
The following Additional Conditions apply only in cases where The Seller is to perform work hereunder,
including The mrsices ofSellm Regresenmtive(s), an The premises product.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on Said work at Sellers awn risk until the Sane is fully completed and accepted, and shall
in was of any accident, destruction or injury to the work acdbr matmak before Sellers final completion and
acceptance, complete the work in Stiles own expense and to the satisfaction of The Purchaser. When materials
and equipment we famished by others for insmllation or erection by The Seller, the Seller shall receive, unload,
store and handle wore at the site and become responsible Therefor M dough such materaks andmT equipment
were being famished by the Seller under the order.
IS. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefit, to its employees employed on or in connection will the work covered by this purchase area',
worker 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, commerical and automobile public
liability insurance wir+bn 1,ly injury and dead+limits of at least S300,000 for any one pmnn, S500,000 for stay
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors , it any, To provide lot such compensation and onsurames. Before any of the Sellers or his contractors
employees shall do any work upon the promises of others, the Seller shall furbish the Purchaserwith a cerificare
that such compensation and insurance have been provided Solt cenigrams shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify The date when such compensation
and insurance expires. lim Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby woumes the entire responsibility and liability for any and all damage, loss or injury cf cony kind
or come whatsoever to Persons or property wood by or resulting Item The execution of The work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold homeless the purchaser and any
r all of the Purchasers officers, agents and employees from aM against ivy and all claims, bosses, damages,
charges or expanes, whether direct or indirect, and whether to persons or property to which the Purchaser may
Ise put or Subject by meson of any act, action, Tel omission m default an the pan of the Seller, any of his
contractors, or any of The Sellers or contractors officers, agents or employees. In bona any suit or other
proceedings shall be brought against the purchaser, or it officers, agents m employees at any time on account or
by reason of any acb action, neglect, omission or default of The Seller of any of h¢ contractors or any of its or
their officers, agents or employees M of ftewid, de Seller hereby agrees to assume the defame thereof and To
defend The same at the Sellers own expense, to pay any and all costs, charges, attemeys f and odor expenses,
any and all judgments this, may be imurrnd by or obtained against The Purchaser or any of its be Their oliicm,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon in
obtained against the property ofthe Purchaser, or said parties but or ss is resin, of such suit or ode, proceedings,
The Seller will in once cause the same to be dissolved and discharged by giving band or ode,wise. The Seller and
his comments shall Take all satiety precautions. Internal and install all gT necessary foe the prevents. of
accidents, comply with all laws and regulations with pe ad To safety mduding but without limitation, The
0¢upatiourml Safety rand Heald Act of 1970 and all rules and regulations issued pursuant demo.
Revised 0320W