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HomeMy WebLinkAbout125036 H & H DATA SERVICES INC - PURCHASE ORDER - 9146010PO PURCHASE ORDER 914601er Page City. of 9146010 totz Flirt( OI I I ns This number must appear �-\�/`I ` V {�` on all invoices, packing sli s and labels. Date: 10/16/2014 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: 10/15/2014 Buyer: ED BONNETTE Note: WELLNESS CLINIC NETWORK CABLING PER WOs 1408007 & 140800& PER 7615 CABLING INSTALLATION SERVICES CONTRACT WITH H&H DATA. Line Description Quantity Ordered UOM Unit Price Extended Price H&H Proposal#1408008 1 LOT LS 4,310.45 214 N. Howes-OptB/Systems Dept 2 - H&H Proposal#1408007 1 LOT LS 6,125.73 214 N. Howes-OptB/Marathon P14 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@fogov.com Total Pay terms net 30 days Invoice Address: In City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Tom Collins is exempt from state and local taxes. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84.6M)589 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe terns and conditions hereof, failure or delay m lateral Revenue, Denver, Colorado (Ref. Colorado Revised Shades 1973, Chapter 39-26,114 md. eximase my rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance ofm payment for goods hereunder or approval ofthe design, shall not release the Seller of Good Rejected. GOODS REJECTED due to failure to meet specifications, lifer when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not M deemed a waiver of any right of the damage in owner, may M retm.ed to You for credit and are not to M replaced except upon receipt of xnnen purchaser to insist upon strict performance treasurer any of its rights or remedies as to any such goods, regardless irevuctions from the City of Fan Collins. of when shipped, harmed or accepted, as to any prior or subsequent default hereunder, nor dull any purported oral modification or rescission of this parelowe order by the Purchaser aians as a waver of any ofthe terms Inspection. GOODS art subjmt to the City effort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, service s or equipment in re response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment .m the part of the City of Fort Collins. However, it is to he undemood thatFINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofull applicable required inspection procedures. violmions are in fact home by the Purchaser. Theretoforefogood cone and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may vow have or hematkr Freight Teats. Shipments moat M F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or stain antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this ordes. Upe fifir o s u given to prepay freight and charge separately. the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany im'oice AMi6oal cMaes for packing will WI be accepted. Shipment Distance. Whom manufacturers have distributing Points in mriew parts of fie country, shipment is expected from the nenrcst distribution point to destiomier, and excess freight will be dairm l firm Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cast all nesessary permits, certificates and licenses required by all applicable laws, regulmimss, mdiances and roles of the shale, municipality, territory or political subdivision where the work is pedbrmaed, or requital by any other duly constitutN public authority basing jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and manual all liability and loss incurred by them by rcamn of an aeon ed or established violation of any such laws, regulations, ordinances, talcs and requirements. Amisswntion. All Parties an this contract agree that the represenm tives ore, in fact, bona fide anti possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein set form and any supplementary or additional rams and conditions annexed hereto or incorporated herein by reference. Any additiomal or different terns sal moduchas proposed by seller are objected to and hereby %ejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immcdiaNly if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is orthe essence. Delivery and performance most be aRected within the time stated on the purchase order and the document% attached herein. No is of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiverof this provision. In the event crony delay, the Puorhaur shall have, in addition to other legal and equitable renord es, the option of placing this order elsewhere and holding fie Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to antes not terminably foresceable which are kyoud its reasonable contort and without its fault of negligence, such acts optical, acts ofcivil or military authorities, govemmeoal priorities,does, sakes, flood, epidemics, wars or tom provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seiler first received knowledge thcrmf. In the event of my such delay, the date of delivery shall be extended for the prod equal to fie date actually lost by reamar of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, mmples and/or other descriptions given, will M fit for time purposes intarde'k aud performed with the highest degree of care and compeer¢ in accordance with accepted sandards for work of a miles ratere. The Seller agrees to Mid the purchaser harmless from any loss, damage or expense which the Purchaser may suffe a monarch namr, of the Sellers breach of wamnry. The Seller will replace, repair or make good, without cost to the purchase, my defres ar faults housing within one (1) your or within such longer pared of time as may M prescribed by law or by the terms of my applicable warranty provided by me Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreamnably delayed), resulting from imperfeat or defective work done or materials famished by the Seller Acceptance or use of goods by the Purchaser shall not insulate a waiver of any claim under this woramy. Except as otherwise provided in this purchase ome,, 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 event include loss ofporfis or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purcboser may make changes to legal corms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additims to or deleaieas from the gmmirics originally ordaod in fe spevilicatimrs or drawing, by verbal or writer change order. If any such change attics the meant due or the time of i e fica more hereunder. an equitable refrainment shall he made. 6. TERMINATIONS. The Purchaser may at any time by waitm change orffir, mmtimm this agreement as to any a all portions of the good fro not shipped, subject to any equitable informal between the parties as ro any wok or materials the. in progress provided that the Purchaser shall not be liable for my claims lot anticipated profits on the uncompleted portion off, goods and/or work, for incidental or consequential damages, and that he such adjustment be made in favor of iha Seller with cancer to any goods which are the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller crony of their obligations as to my good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for witerament mast M slimed wihin rim (30) dam from are dace the change or buf iretion is ordered. 8. COMPLIANCE WITH LAW. The Seller wanams that all good sold hereunder shall have been produced, cold, delivered and furnished in suict 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 to elect or evidence compliance. All laws and regulations required f be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cuss and damages suffered by he Purchaser as a result of the Sellers failure to comply with such how. 9. ASSIGNMENT. Neither parry shall assign, mamfe, or convey this Order or my monies due m to become due bereunder without the Prior wrinen consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performc a of his agreement, free and clam of any and all tiers, muicarms, resmab... security Mann eneumbma aand clams oroahers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cored nonconforming or defective Bead by it date to be agreed train by the Purchaser and the Sellea and the Seller thereafer indicates its inability or unwillingness m comply, the Purchsser may rinse the work to be pelbmmd by the most expeditious rears available to it, and the Seller shall pay all costs stow iated with such work. The Seller shall release the Purchaser and its contactors of any tier from all liability and claims of any whore resulting from the performance fsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend no the direcmrs, ofica, and employees fsuch parry. The Seller's contractual obligation, including waramy, 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. Whenever the Seller is retained to new, any design, device, mammal or process covered by lame, patent, trademark or copyright, she Seller shall indemnify and save hannl¢s fie Purebaser form any and all claims for infringement by mason of the use of such patented design, device, nutaid or process in c... coca. with the contact, and shall indemnify the Purchaser for any coa, expense or damage which it may M obliged tu pay by reaon of such infringement at any time during the porsemtion or site, the complain. i f fie work. In case said equipment, or any par asrmf or the intended use of the gouts, is in such snit had to constitute infringement and the use or said equipment err part 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 submantialiy equal but noninfringing equipment, or modify a m it becomes noninfinnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrvpL make an assignment for the benefit of creditors, appoint a receiver or trustee for any of thc Sellers porpeny or business, this order may fonbwith M canceled by the Purchaser without liability. 16, GOVERNING LAW. The definition oftermis awed o1 the fi larmetation of the agreement and its, rights pf all parties hereunder shall be combined mode and governed by the laws ofthe State of Colorado, USA. The following AMemial Conditions apply only in cases where the Sella is to patient weak hereunder, including fie service of Sellers Rapresenmrs O). on tM premises ofothers. IL SELLERS RESPONSIBILITY. The Seller shall carry on said work at Series own risk until the same is fully completed and accepted, and shall, in case of any accident, desWdion or injury to the work ampor materials before Seller's final completion and cceptance, complete the work at Sellers own expense and to the mtisfaction of the Parchowr. When materials and equipment are famished by others for installation or erection by the Seller, the Sella shall receive, unload, store and handle same at the site and become responsible therefor as though such matmaf and/or equipment were Ming furnished by the Sella under the order. 18. INSURANCE. The Seiler shall, at his awn expanse, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller ,hull also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with mull ly injury and death limits of at least S300.000 for my one person, Stadium) for my e accident and property damage limit per accident of S4 Odiffi . The Stier shall likewise require his contractors, if any, 1. provide for such comae ealion and insurance. Before any of the Sellers m his contractors employees shall do any work upon fie premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such mtifirales shall specify the date what such compensation and imtuaoce have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees fat such compensation and insurance shall be mainained until after due entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the entire raporsibriny end liability for any and.11 damage, loss or injury erany kind or nature wMaoever to penom or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection haewia. The Sella will indemnify and hold harmleu fire purchaser and any or all of the Purchases officers, agents and employees from and against my and all claims, lasses, damages, charges or expenses, whether dims or indiml, and whether to persons or properly to which the Purchase may M put or subject by reason of any act, action, neglect, omission m default on fie pm of fie Seller, my of his contractors, or my of the Sellers or centimeters officers, agents or employees. In eau any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by reason of any act, action, neglect, omission or darall of the Seller of any of his commuters or any of its or their effects. agents or employees w aforesaid, the Seller hereby agree to assume the defense thereof and to defend the tame at the Sellers awn expense, to pay any now all costs, charge, attorneys fees and other expenses, any and all judgments that may M incurred by or obtained against the purthaur or my of is or their officers, agents or employees in such suits or other proceeding, and in caw judgment or other lien be placed upon or obtained against the property, of fie Purcham, m said parries in or as a result .(such mis or take proceeding, the Seller will at once cause the same to M dissolved and dischhged by giving bond or oferwiu. The Seller and his contractors shall take all safety pmautions, famish and install all goad muccory for fe prevention of accidents, comply with all laws and regulations with regard a safety including, but without limitation, the Occupational Safety and Gallia Act of 1970 and at I tales and regulations issued Forwent thereto. Revised 0]R014