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HomeMy WebLinkAbout125038 H & H DATA SERVICES INC - PURCHASE ORDER - 9145860City of F16rt Collins Date: 10/10/2014 PURCHASE ORDER PO Number Page 9145860 1of3 This number must appear on all invoices, packing sli s and labels. 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: 10/09/2014 Buyer: ED BONNETTE Note: PER WORK ORDER #1409022 SIGNED 10/3/14 (COVERS PFA FIRE STATION NETWORK UPGRADES FOR PFA 2, 3, 5, 6, 10, 12, 14) NETWORK HARDWARE UPGRADES FOR VOIP PER 7615 CABLING INSTALLATION SERVICES W/O CONTRACT WITH H&H DATA. Line Description Quantity Ordered UOM Unit Price Extended Price 1 PFA #2 - VoIP 1 LOT LS 7,062.89 H&H Proposal#1409022 2 PFA #3 - VoIP 1 LOT LS 1,984.47 H&H Proposal#1409022 3 PFA #5 - VoIP 1 LOT LS 2,185.34 H&H Proposal#1409022 4 PFA#6-VoIP 1 LOT LS 1,929.14 H&H Proposal#1409022 Pay terms net 30 days 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 PO PURCHASE ORDER 914586er Page City of PURCHASE 45860 2 of 3 ' `t Collins( his number must appear v ` �7 on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 5 PFA#10 - VolP 1 LOT LS 1,733.54 H&H Proposal#1409022 6 PFA#12 - VolP 1 LOT LS 1,960.20 H&H Proposal#1409022 r PFA#14-VolP 1 LOT LS 1,731.49 H&H Proposal#1409022 Total $18,587.07 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 miRmlll71IDI ' IM-TirtttF7txi Page 3 of 3 1. COMMERCIALDETAIIS. Too exemptions. By smmre the Ciry of Pon Collins is exempt form same and Iwal axes. Our Exemption Number u 98 04502. Federal Excise Tax Exemption Certificate of Registry 84.6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goals Rejected. GOODS REJECTED due to failure,. meet s,ecificmi res, either when shipped ar due m defects of damage in transit, may be removed to you for credit and are not to be replaced except upon receipt of wriben in gradions from the City effort Collins. Inspection. GOODS are subject a the City of pan Covina inspection on arrival. Pinar Arceptunca Revved of the merchandise, services or equipment in response 1. this mile, can result in authonved payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon rompletien ofall applicable required inspection procedures. Freight Tams. Shipments muss be ROD., Ciry of Fort Collins, 70) Wood St, Fort Collins, CO 80522, antes otherwise specified on this order. Uperrmi cion is given to prepay freight and charge separmdy, the annual Freight bill must accompany invoire. Additional clmrges for packing will not W accepted. Shipment Distance. Where manufacturers have distnbuting points in vaned, pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall proure at sellers sole cost all monastery permits, ry peits, cenifcams and licenses required by all applicable laws, regulations, ordinances and macs of the state, municipality, temtoq or political subdivision where the work is performed or required by any other duly constituted public authority having jurisdiction over the work ofbendor. Seller further agrees n, hold ,he City of Fort Collins harmless from and against all liability and less incurred by them by maven of an asserted or camblisbW violation of any such laws, rcmdolions, redinanrzs, roles and requirements. Authorization. All panics I. this conoant agree that the represenm,ives are, in fact, bow fide vad possess full and complete nummy to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits accepts Cie to the terms and conditions stated herein set Each and any supplementary or additional rams and conditions annexed hereon or incorporated herein by refemnce. Any additional or eiflbrenueors and conditions proposed by seller are objected re and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot male complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the Iime stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, .acceptance of partial ante deliveries, Hall operate as a waiver of this provision. In the event clang delay, the Purchaser shall have, is addition to other legal and equitable remedies, the option of placing this order elsewhere and halite, line Seller liable for damages. However, the Seller shall not be liable for damages as a result o'delays due to causes not reasonably foreseeable which ens buy d its reasonable control vad wlthoul its fault of negligence, such acts of God acts of,ml or military n ntruilics, governmental priorities, fees, strikes, flood, cpidanies, wars or rimis 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 thereof. In the event of my such delay, the date of delivery shall be extended for the period opal to the time actually lost by raso r o'the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this major will conform with applicable drawings, specifications, samples singer other descriptions given, will be ❑t for the lempoes intended, and pefformed with the highest degree of care and eampete be in accordance wiN accepted standard 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 warrarrry. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the temu ofany applicable warranty provided by the Seller offer the elute of acceptance of the good Permitted hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials punished by the Seller. Acceptance or use of goods by the Purchaser shall not onslute 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 at the foregoing wananlies or guarantees, but such liability shall in no event include loss of profits 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 as legal teens by worn change order. S. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes o the terns, other than legal teens, including additions to or deletions from the quantities on,inally ordered in the specifications or drawings, by veral or written change order. If any such change agecs the amount due or me time of performance hereunder, m aluimble adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, turromme this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall na, be liable for nay claims for anticipated profits an the ..completed portion of the goods and/or work, far incidental or towNurecti.1 damages, and that no such adjudmmt be made in favor of the Seller with respect to any goods which are the Sellers standed stock. No such mnninmic n shall relieve the purchaser or the Setter ofany of their obligations to, to any good delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (3o) days boom rate date me change or mnnioation is ordered. S. COMPLIANCE W ITI I LA\V. The Seller warrants that all good sold hum rider shall have been produced, sold, deliveiJ and fumishcd in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as may be required or effect or evidmce compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall .,ign, transfer, or convey this order, or any monies due or to become due remainder willing, the print written coven, of Ne other pan,. 10. TITLE. The Seller warrants full, clear and considered 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, observations, security interest encumbrances and claims of.thers. I I. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to y rights or remedies provided herein or by law, failure to promptly notify the Seller In the event of a breach, my acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the purchaser to insist upon strict performance hereof or any of is rights or remedies as no any such goadl regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, mar shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTII'RUSICLAIMS. Seller and the Purchaser recognize that in actual ec is practice, overcharges resulting from antimrs, violations we in fact home by the Purchaser. Theretoforerfor good cause and as consideration for executing this pumhase order, the Seller hereby assigns to the Purchaser any and all claims it may now have ar hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser defcs the Seller to correct nonconforming in defective good by a date to be agreed upon by the Purchaser and the Seller, and the Seller describer Indeatus its nubility or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious meats available to it, and the Seller shall pay all costs assncimed with such work. The Seller shall release the 11nrchase, and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work This mlease shall apply even in ,he event of fault of neglignmc of the party released and shall extend m the directors, officers and employees ofsueb patty. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced in any way, because such work is Performed or caused to be performed by the Purchaser. 14, PATENTS. Wheneverthe Seller is requited to tse any design, device, event] or process coated by lenem patent, trademark r copyright, the Seller shall indemnify and save hatmlesv the Purchaser form any end all claims for infringement by rtaam of the use of such patented design, device, not or ptecess in connection with the contract, and shall indemnify the Purchaer for any cast, expense or damage which d may be obliged to pay by rmwn of such infringement at any time during the prosecution or aver the completion of the work. In case said ttlripment, or any pan thereof or the intended use of the goad, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it sat it becomes nanintiinging. U. INSOLVENCY. If the Seller shall Income insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers profanitybusiness, or this order may foMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The allegations oftcrms used or the interpretation of the agreement and the rights of all parties hereunder salt be canstmed tuba and governed by the laws ofthe Stare ofColomde, USA. The following Adi itiowl Conditions apply only in cases when the Seller is to perform work hereunder, including the services of Sellers Represenmtive(s), on the premises ofothem. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work andor materials before Seller's final completion and acceptance, conrplele the work at Seller's own expense and to the s llisfnction of the PaldtaseL When materiuls and equipment are fumishcd by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. I S. WSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupatiowl disease benefs, to its employees employed on or w connection with the work covered by this purchase order. and/or to their depsndens in accordance with the laws of the state in which the work is m be done. The Seller shall also carry comprehensive general liability including, but not limited to, con erabsol and automobile public liability insurance with beaddy injury and death limits of at least S30FOW for any one person, SSWdWd1 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such romperwtion and ina eaccc. Before any of the Sellers or his contractors employees shall des any work upon the premises of others, the Seller shall fumvh the Purchaser with a certificate that such compensation and insurance have been provided Such ceniftcates shall specify the date when such ompenstawn and insurance have been provided. Such cenificales sh.I I specify the date when such compensation and acturaneu expire. If. Seller agrees tat such compensanion and insurance shall be maintained until anenhe entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller bercby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature wascever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold armless the Purebeser and any cr all of the purchasers officers, agents and employees man and againsl any and all claims, losses, damages, harges expenses, whither direct or indirect, and personsor as a property which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, any of his communist, or any of the Sellers at conanoa oRcas, agents or employees. In case any suit or other proceedings shall be brought against the Forefinger, or is officers, agents a employees at any time on account or by reason of any, act, action, negloct, omission or default of the Seller of any of his contractors or any of its or their officers, agents of employees ns aforesaid, the Seller hereby agrees to assume the defense thereof and m defend the same at the Sellers own expense, to pay any and all cols, ca,ma. attorneys fees and other expenses. 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 its or the, proceedings, and in case judgment or other lien be placed upon or obtained agate, the property of the Purchaser, or said panics in or as. result of such suits or other pmceedlmgs, the Seller will rat once cans, the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety 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 Orcup Tonal Safety and Health Act of 1970 and all rules and regulations issued parmarm thereto. Revised 072014