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HomeMy WebLinkAbout125038 H & H DATA SERVICES INC - PURCHASE ORDER - 9141654City of Fort Collins Date: 03/19/2014 Vendor: 125038 H & H DATA SERVICES INC 1310 WEBSTER AVE FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9141654 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 03/18/2014 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price H&H Proposal#1312009-1C 1 LOT LS 15,870.44 200/212 W. MOUNTAIN FIBER Terms and Conditions per Services Agreement awarded per City of Fort Collins Bid# 7007-Cabling Installation. IT Contact: Chad 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 Invoice Address: 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 stamtethe City of Fort Collins is exempt from state and local tuxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry, 84-6000587 is registered with the Collector of Failure arm, Purchase, m insist upon war perfOnnance of the terms and conditions hereof, failure or delay to formal Revenue, Deaver, Colorado (Ref. Colorado Revised Samtu 1973, Chapter 39-26, 114 (a), exercise any rights or comedies prceded herein or by law, failure to pramptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure 0 meet specifications, either when shipped or due to defects of any of the wartamies or obligations of this purchase order and shall not be doomed a waiver of any right of the damage in most, may be returned to you for reedit and are not to be replaced except upon receipt of written purchaser to insist upon stria performance hercofor any of its rights or remedies as m any such goods, regaMless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior ao subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS are subject to the City of Fart Collins inspextion on arival. hereof. Final Acceptance. Receipt of the merchandise, war . or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the pan of the City of Fort Collins. However, it is to be understami that FINAL. Seller and the Purchaser recognlae that in acttad economic practice, overcharges resulting from antitrust ACCEPTANCE u dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theramfore,fogood cause and o 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, 7M Wood Sr, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goads 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 Purchaser pursuant to this purchase orde, bill most accompany inmice. Additional charges far packing will not be acttpnat. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in varions, pars of the country, shipment is I f the Purchaser directs the Sella to correct nonconforming or defective good by a dam to be agreed upon by the expected fmm the nearest distribution Point to destination, and excus freight will be deduaed form Invoice when Purchaser and the Seller, and the Sella thertaRa indicates its inability or unwillingness to comply, the Purchaser shipments are made fmm greater distance, may muse the work to be Performed by the most expeditious means available to it, and the Seller shall pay all costs nssaiatM with such work. Permits. Seller shall procure at sellers sole cost all necesvry permits, arlificatea and licenses required by all applicable laws, regulations, endurances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly cotsstimmd public authority having jurisdiction over the work of vendor. Seller further agrees m hold the City of Fort Collins Foodless fmm and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulation, ordivancrm, miss and requirementa. AuNormation. All ponies to this conamd agree that the representatives are, in fact, bona fide and possess full and complete authority to bird said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the team and conditions stated herein set forth and any supplementary or additional terms wd conditions annexed harem or incnryamted herein by fam ence. Any additional err diifi rear moms soul cosulitiom p nima nd by sells am abjatcd an red hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immatis sly if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the evarrwe. Delivery and Performance mint be effated within the time stated on the purchase order and the documents attached hereto. No acts of the purchasers including, without limitation, aromp. of partial lam deliveries, shall operate as a waiver of this phavisim- In the an dray delay, the Porchssn shall have, in addition to offer legal and crumble remedies, the option of placing this order elsewhere and boding the Seller liable for damages. However, the Seller shall not be liable for damages as a rtsula of delays due an causes not reasonably foreseeable which m beyond its reamuable comrol and without its fault ofwgligeioe, suchass of God, at. ofivil we military authorities, govommmul priorhies,f s, atrlkes Bond, epidemics, warsw nos provided Out notice of the conditions taming such delay is given to Or purchaser within five (5) days of the time when the Sella f t received knowledge thereof In the event of any such delay, the dam of delivery shall be extended for the Ferind equal m the time actually lost by reason afthe delay. 3. WARRANTY. The Seller Omiums Out all goods, ankles material and .,it covered by Nis offer will conform with applicable drawings, specificatiom, samples wall other descriptions given, will be fit for Ore purposes intended, and performed with the highem degree of care and competence in accordance with accepted swdarts for work of a rnilar wture. The Sella agrem to hold the prmbxser harmless firms any loss, damage or expense which are purchaser may suffer or inar on account of the Sellers breach ofvvarsnty. The Sella shall replace, manna make goad, without cost in she pumlima, any def" or faults arising within one (1) year or within such longer period of time as mr,be prawnbd by law or by she terms of any applicable warranty provided by the Sella afa the date of acceptance of the Hood f.hed bereunda (acceptance Mr m be umeasorobl, delaYed), resulting farm impeoft or defective work done a crateriak fmishat by the Sella. Acceptance a use of good by ate Purchaser shall not constitute a waiver of any claim artier this warranty. Except m otherwise provided in this purchase order, the Sellers liability hereunder shall extend W all damages proximately caned by she breach of any of the foregoing warmnrin or morwaees but such liability shall in no event include loss ofpmNs 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 an legal terms by xdo. change arch 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may makr any changes to the corms, other than legal terms, including additions to or deletions from the gradrines originally mdered in on s,carificalimis cr drawings, by verbal no written change order. If any such change affeaa the amount due or the time of miformance hereunder, an equitable adjutment shall be made. 6. TERMINATIONS. The Purchaser may at any time by woman change order, terminate this agreement as to any or all portion, of the goods then not shipped, subject no any equitable adjustment between the parties as to any work or materials then in progress provided that the Furth. shall not be liable for any claims for anticipated pmfis on the uncompleted portion of the goods anNor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with aspect to any gaol which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as many goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast be rmsand within thirty (30) days from the date the change or termination is ordaed 8. COMPLIANCE WITH LAW. The Sella warrants Nat all goods sold hereunder shall have been produced, mid, delivered and furnished in saris compliance with all applicable laws and regulations in which the goods we subject The Sella shall execute and deliver such documents m may be required b effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this charecter are hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Purchaser barmless from all toss and damages suffered by the Purehaw, m a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither Wy shall assign, transfer, or convey this order, or any mania due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Sella wamsns full, clear and unrestiidrd title to the Purchaser for all equipment, materials, and items fmishat in pafsmance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any her fmm all liability and claims of any nature resulting from the performance ofsuch work. This teleanr shall apply rven in the even of fault of negligence of the party reformat and shall extend to the directors, ofB«ra and emplorea of such pant. The Seller's command obligations, including xvmenry, shall not be deemed to be reduced, in any way, because such work is pwhor aL or canned to be parformat by the Purehaer. IC. PATENTS. Whrnever the Seller is requited a use any design, device, ardau l art process award by letter, war, trademah or copyright, the Seiler shall indemnify and rave harmless the Purchaser fmm any and all claims for inGingement by reason of the me of such Farmed design, device, tutorial or process in connection with the contract, and shall indemnify the Purebmer for any cast expense or damage which it may be obliged to pay by reason of such infringement at any time during the promation or after the completion of the work. in cow said equipment. or any port thereof or the intended use of the gnarl, is in such suit hid to conomwe infringement and the me of said equipment or Now is enjoined, rise Seller shall, in its own expense and at its option, either procure for the Purchaser the right to continue ming mid equipment or puts, replm she same with substantially equal but noninfringing equipment, or modify it m it becomes noninGnging. IS. INSOLVENCY. If the Seller shall become imehrnt or hankmpt, make an assignation for the benefit of archum, appoint a or imste, for any of the Sellers property a bminrss, this ode may foMwith be canceled by the rcb Puuar without liability. 16. GOVERNING LAW. The definition of mom teed m the interpretation ofthr, egrecmem and the rights ofall parties hereunder shall be construed under and gmana l by der lases of the Same of Colorado, USA. The following Additional COMitiom apply only in cases where the Seller is W perform wort: hereunder, including the smicw fSellers Reprtsmarive(x), On the premises ofothers. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk until the same is rally wmpleM and scccptat, and shall, in cane of any accident. destruction or injury, in the work urNm mmmals before Sellars final completion and acceptance, complete the work et Sellers own expense and to the satisfaction of the Purchaser. When matenals and equipment are f ishcd by ethers for installation Or creamn by the Sella, the Seller shall receive, had ad, store and handle tame in the site and become responsible therefor ns through such mmenals and/or equipment were being fished by the Sella under the order. I B. INSURANCE. The Seller shall. at his own expense, provide for the payment of workers compewtion, including occupational demau brnefats, to its employees employed on or in connection with she work covered by this purchase order, anNor to their dependents in ante dance with the laws of the state in which the work is On be done. The Seller shall also arty comprehensive general liability including, but not limited to, contractual vat automobile public liability insinuate win CWily Injury and death limirs of n lout S30a,Ooo for any one pawn, 85ro.0oo for any one accident and pp,my damage limit per accident of S400,000. The Sella shall likewise require his contrinum, if any, to provide for such conformation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall fish the Purchaser with a certificate Out such compensation and insurance have been provided. Such cafftemes Out specify the dam when such con,mrstion and insurance have ban provided. Such caniftates shall specify the date when such compemation and insurance expires. The Seller agrees flat such cona,manion and insurance shall he maintained until site, me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or pmpeny arced by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and kid harmless the Purchaser and any or all of the Parchment ofces, agents and employees from and against any and all claims, lasses, churVa, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be Put or subject by mason of any act, action, neglect, omission Or default on the pan of the Sella, any of his continuum or any of the Sellers at ontraaors officers, agents or employees. In case any suit or other pracedings shall be brought against the Purchase, m its offices, agents or employees at any time on account or by sawn of any act action, neglect omission or default of the Seller of any of his commcmrs or any of its or their offices, .gads or employees ex aforesaid the Seller hereby agrees to assume the defense thereof and to defend the same at Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments Out may he 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 cause judgment or other lien be placed upon or obtained against the property of the Purchnser, or said parties in or as a result ofsuch sails or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his connectors shall take all safety precautions, furnish and install all gourd accessary for the prevention of accidents, comply with all laws and regulmiom with regard to safety including, but without limilation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant therein. Revised (XV2010