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HomeMy WebLinkAbout125038 H & H DATA SERVICES INC - PURCHASE ORDER - 9140482 (2)Fort of Date: 06/04/2014 Vendor: 125038 H & H DATA SERVICES INC 1310 WEBSTER AVE FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9140482 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: 01/17/2014 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 8 ADDENDUM PO #9140482 addl work, Senior Center ADDED PER M.CARR EMAIL DATED 5/28/14. -ECB 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.conn 1 LOT EA Total Invoice Address: 211.30 11.30 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAIM. Tax exemptions. By noun the City of Fort Collins is exempt fmm state and local axes. our Exemption Number is 11. NON WAIVER. 98-W 502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Pumhner to insist upon strict performance of fire terms and conditions bermf, failure or delay to Intemm Revenue, Drove,. Colorado (Ref. Colorado Revised Sautn 1973. Chapter 39-26.114 (a), exercise any rights or remedies provided herein or by law, failmc to Promptly notify the Seller in the event of a breach, the acceptance oror payment for goods hereunder or approval of the design, shall not release the Seller of Good Rejected. GOODS REJECTED due to failure to men specification, either when shipped an it., to defrere of any of the ..if. or obligation of this pmchase order and sbnl nr be deemed a waive, of any right of the damage in ..it, trey he rtmmed to You for credit and are no, m he bell except upon raript of writers Purchaser to inim upon surer pert amre M1emsfor-Y of its rights or remedies as m any such good. regardless Inactions from the Ciry of Fon Catlin. of when shipped, received or accepted, as many prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purnew order by the Purchaser chronic as a waiver of any of the terms Inspection. GOODS are subject m the City of Fort Cullum inspection on amlval. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, u is m be understood that FINAL Seller and the Purchaser recognize that in actual a Ic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable qes uired inspection procedures, violations are in Joel home by the Purchaser. Theretofore, rforgood cause and in consideration for executing this purchase order, the Seller hereby assign to the Purchaser any and ell Gains 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, mile. acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services nWcrwise specified on this order. if permission is given to prepay bright and charge wpamtuly, the ratified freight punhascd or acgnim!by the Purchaser pursuant m this purchase cram. bill must accompany invoice. Additional charges fur packing will not be accepted. 13, PURC11ASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacmrns have dimibuting points in various pans of the country, shipment is Ifne Purchaser direce, the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected tram the anew distribution Point 10 destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness m comply, the Purchaser shipmenu arc made from greater distance. may cause the work to be performed by the most espeditious means available to it, and the Seller shall pay all costs ns.ciated with such work. Permits. Seller shall procure at sellers sole .11 all necessary parains, certificates and licenses required by all applicable laws, regulaion, ordinance and roles of f w start, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority h ivingjurfsdients. over the work of vendor. Seller further agrees to hold the City of Fon Collin hamdees from and against all Imbiliry sad loss incurred by them by reawn of- werafted car established violation of any such laws, regulation, ardirenar, rules and requirements. Amhoriention. All ponies m this -mract agree that the reprea note are, in fact, born fide it possess full and complete authority to bind said partirs. ].IMITATION OF TERMS. This Touh. Order expressly limits acceptance to the toms and condition sorted herein set forth and any supfiemmtary or additional terra and conditions annexed hereto or incorporated herein by reference. Any ink iliaal or diWrent terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou canner make complete shipment to amve on your promised delivery date it, acted. Time is of the esseva. Delivery and perforawwr most he effected within the time staled on the muelcoo onder sad the documents attached heem. No airs of rite Purchasers including with.., liminumh, acceptamc of Venial late deliveries, shall operate as a waiver of this m.visimt. In the event of any delay, the Purchaser shall have, in addition to other legal and eguimbl, remedies, the option i f placing this mov, elsewhere and holding the Seller liable far damages. However, the Seller shall not be liable far damages as a result of delays due to causes not rrewnably forescrable which are beyond its reasonable antral and withom its fault ofnegligence, such irk afGsd, acts of civil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or riots Provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thencof In the event of any such delay, the date of delivery shall be extended for the peric l equal m the time-tually last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will confirm with applicable drawings, specification, samples and/or offer description given, will be fit for the purposes intended, and performed with the highest degree of are and competence is accordance with accepted smndard, for work of a mi[. return. The Seller agrees to hold the purchaser harmless fmm any for, damage or expense which the Purchaser may suB'er m i.e. on account of the Sellers breach of wurr-ry. The Seller shall r,]., repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law at by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goad famished hereunder (.ceps-ce rot to be urreawrebly delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall at comfort a waive, of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all thmerges proximately used by the breach of any of the foregoing warranties in gnamntem, but such liability shall in no ever include lass of profits or lass of use. NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. 'foe Purchaser may make changes to legal terms by winter change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the ¢ran, other than legal terns. including additions to or deletion fmm the quantities originally ordered in me specification¢ or drawings, by verbal or written change aide, If any such change affrets the amount due or the time orperform-ce hereumer, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may to any time by written change order, terminate this agreement n to any or Al or. of me goods then not shipped, subject an any equitable adjustment between the panirs an many work or materials risen in progress Provided the the Pumhaur shall rat be liable for any claims for anticipated pofits as the ammpli ted portion of the good writer work, for incidental or ram purnrial damages, and that an such adjustment be, made in favor of the Seller with reft at to any goods which are the Sellers smndaN stock. No such renniretion shall relieve the Pmchuer or the Seller of any of their obligarioas as to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the dam the change or termination is ordered. 8. COMPLIANCE W Il'11 LAW, The Seller warrants that all goods sold hereunder shall have been produced, sold delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc suhjeo. The Seller shall execute and deliver such documents as may be required to effect or evidence c-plaime. All laws and regulmlosts required ro be nompouted in agreements of this character me hereby incorporated herein by this reference. The Seller ogees to indemnify and hold the Purchaser hoariest from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with srich I.W. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrants full, clear and -restricted tide to the Purchaser for all equipment, mmerials, and items boosted or pert ante of iris agreement. fie -d clear of any sad all It,., remnarion, rtsmatimes, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any flea fmm all liability and claims of any ramre resulting fmm the performance of such work. This alcove shall apply even in the event of fault of negligence of the pony reftleassand and shall extend to the directors, officers and employces afsuch parry. The Sellers contractual obligation, including warranty, shall not be deemed to be ordered, in any way, because such work is performed or erased as be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any 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 by reason of the use of such patented design, device, material or process in connection with the contract. and shall indemnify the Purchaser for any cast, expense or damage which it may be not ged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equpmenL or any ran thereof a, the intended use of the soot, is in such suit held to constitute infringement and the me of said eguip.ano ,, Pan is enjoined, the Seller shall, at its awn expense and rat its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the name with substantially read but noninfringing equipment. or modify it so it becomes nonnfn'nging. 15. INSOLVENCY. If the Seller shall become inolvem or bankrupt make an nolpar east for the benefil of creditors, appoint a racerven or n trtee for any of the Sellers property or tinthi iness, s order may foMwith be canceled by the Puchaer without liability. 16. GOVERNING LAW. The definition of terms used or the ine amnion ofthe agreement and the rights of all parries hereunder shall be construed under and governors] by the laws of the Sum ofCuloado, USA. The following Additional Condition apply only in vows where the Seller is to perform work hereunder, including the services of Sellers Representmive(e), oa the premises another. Il. SELLERS RESPONSIBILITY. The Seller shall cant' oa said work at Sellers own risk aril the same is fully complied and accepted, and shall, in se of any written, destruction or injury to the work and/or mmcrials before Sellers final completion sad acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment am famished by others for installation or erection by the Seller, the Seiler shall oweivri, -load, store and handle same atthe site and became responsible therefor as though such materials Wafer equipment ,we being Finished by the Seller made, the order. 18. INSURANCE. The Seller shall, at his on expense, provide for the payment of workers comperlotion, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, -dlor 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, contmnal and automobile public Indian, insurance with hosIly injury and deaN limits of at least S300,003 for any one person, $500,00g) for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if my, an provide for such compensation and inrrance. Before my of the Sellers or his comeamors employees shall do any work upon the premium of others, the Seller shall famish the Purchaser with a cmifieale them such compeaaati- and inumnee have been provided. Such cereficmcs shall specify the dam when such compensation and insurance here been provided. Such certifiates shall specify the date when such comperwlion and insurance expires. The Seller agrees that such commsensection and insurance shall be noainnirud until after the nation work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responibairy and liability for any and all damage, lass in injury of any kind or remre whasi to person or property cat d by or resulting fmm the execulion of the work Provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any cr all of the Purchasers efforts, agents and employees trainand against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and wheher to person, or property to which ,he Purchmer may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractor, or any of the Sellers or conmearm officers, agents or employees. In raw any suit ar other proceedings shall be brought against the Purchmer, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agues to assume the defense thereof and m defend the same at the Sellers own expense, to pay any and all costs, charges, atmmeys fees -d other expenses, any and all judgments that may be incurred by or obtained against the Parthner or any of its or their ollicers, agents or employees in such or. or other proceedings, and in case judgment err other lien be placed upon or obtained against the progeny of the Purchaser, or said parties in or m a result of such suits in other proceedings, the Seller will w once came the same to be dissolved and discharged by giving band or otherwise. The Seller and his contactors shall lake all safety Precaution, dumb and'usall all guard necessary fro the prevention of reciderm, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all ones and regulation issued pursues, thereto. Revised 032010