HomeMy WebLinkAbout125038 H & H DATA SERVICES INC - PURCHASE ORDER - 9146010Fort Collins
Date: 11/12/2014
Vendor: 125038
H & H DATA SERVICES INC
1310 WEBSTER AVE
FORT COLLINS CO 80524
PURCHASE ORDERPO
914601er Page
146010 7of2
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: 10/15/2014 Buver: ED BONNETTE
Note: WELLNESS CLINIC NETWORK CABLING PER WOs 1408007 & 1408008.
PER 7615 CABLING INSTALLATION SERVICES CONTRACT WITH H&H DATA.
Line Description Quantity UOM Unit Price Extended
Ordered Price
3 H&H Work Order #141004
214 N Howes Wellness Clinic
15Ill �-1
PER 7615 CABLING INSTALLATION SERVICES WO AGREEMENT WITH H&H DATA
AND WORK ORDER #1410004, ATTACHED.
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
350.98
Pay terms net 30 days
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. COMMERCIAL DETAILS.
Tax exemptions. By station the City of Fort Collins is exempt from state mud local saxes. Our Exemption Number is
11. NONWANER.
96L4503. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is regigme, with the Collector of
Failure offer Pormhusear to imist upon strict performance ofthe tomes and conditions hermf, frflum or delay w
Internal Revenue. Denver, Colorado (Ref. Colorado Revised Samoa 1973, Chapter 39 36,114 (a).
exercise any rights cr mnediw provided lmea in by law, reduce to promptly notify the Seller in the event of a
breach the mcepance afar payment for good barometer or approval mthe design, shall rot ml. the Sella of
Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due on der a of
my of the wamntia or obligations of this purchase order and shall ma, be deemed a waiver of any right of the
damage in transit, may be retuned to you for credit and are not to be replaced except upon receipt of wroon
purchaser to insist upon $met performance hereof or any of its rights or remedies as to any such good, regardless
instructions from the City ofFort Collins.
of when shippec, received or accepted, as to my poor or subsryuent default hereunder, nor shall any pmryoned
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the teens
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, se or equipment in response to this order canM
result in
13. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the part of the City of Fan Collins. However, it is to be understood thatFINAL
Seller and the purchaser recognize that in actual economic practice, charges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inscti peon procedures.
violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby msigm to the Purcemer any and all claims it may now have or hereafter
Freight Tome. Shipments most be F.O.B., City of Fan Collins, TUO Wood St, Fort Collins, CO 80522, unless
pre ai ed under federal or state antitrust laws for such overtharges relating to the particular good or services
otherwise specified on this coda. Upermission is given to prepay bright and charge separately, the original (sight
purchased or acquired by the Pardoner pursuant to this purchau order.
bill most scrompany theater. Addidonal charges for packing will mat be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Digmce. Where manufacturers have distributing points in variom parrs of the country, shipment 4
ITribe Purchaser dime the Sella to wnm mnconforming or defective goods by a date to be agreed upon by the
expected from the nearest distribution paint to dectirmtion, and excess freight will be deduged from Invoice when
Purchases and the Sella, sal the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments aft made from greater distance.
may came the work to be permarred by the most expeditious ream available to it, and the Seller shall Pay all
costs woommed with such wok.
Permits. Seller shall procure at sellers sale cog all necessary permits, anificares and licenses required by all
applicable laws, regulations, ordinances aud roles ofthe stare, municipality, teanmry or political subdivision where
the work is performed, or requited by any other duly constituted public authority having jurisdiction ova the work
of vendor. Seller further agrees to hold the City of Fan Collins hornless from and against all liability and loss
incurred by then by reason of an msened or established violation of any such laws, regulations, ordinances, ales
and requirements.
Amhorication. All parties to this contract agree that the representatives me, in fact, bona fide and posess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Oder expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional term and conditions exunexed hereto or incorporated herein by
refereme. Any additional or different toms and conditions proposed by seller am objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE. PURCHASING AGENT immediately if you canmt make complete shipment o arrive on your
promised delivery date as noted. Time is ofthe wence. Delivery and Performance most be ertected within the time
sated an the pumhas, order and the documents attached hereto. No acts of the Purchasers including, without
limimtion, meeptane, of partial late deliveries, shall operate as a water, of this sure s cov In the awn army delay,
the Purchaser shall have, in addition to other legal and mailable remedies, the option orphaning this order elsewhere
and holding the Seller liable for damages. However, the Seller shall Out be liable for damages . a ..It of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fau0 of negligence,
such acb O'GOd, acts of civil or military authorities, governmental pdomax, Ere,, mikes, rood, epidemics, wars ar
riots provided that n live Of the conditions taming such delay is given to he Purchmer within five (5) days of the
time when the Seller fins received knowledge thereof. In the event of any such delay, the date of delivery sltalI be
extended for the period sequel In the time actually lust by reason Of the delay.
3. WARRANTY.
The Seller warrants that ell good, articles, materials and work covered by this order will conform with applicable
drawings, v,raifmratioes, samples aMtar other deuriptiom given, will be fit for the paryoses intended, and
performed with the highest degree of rare said romperence in accordance with accepted standard for work of a
similar mature. The Seller agrees to hold the purchaser Families from any lass, damage or expense which the
purchaser may suffecerr incur an account of the Sellers breach of warranty. The Sella shall replan, repair or make
good, without cost to the ponchaur, any defects or faults aiming within one (1) year or within such longer period of
time as may be PmttriRN by law or by the tents of my applicable warranty provided by the Sella after the date of
acceptance of the goad fumisbed bmmder (acceptance not to be unrwembly delayed), resulting from impairer
or defective wok done m mammals famished by the Sella. Acceptance or use of goods by that Purchaser shall rot
omtimm a waiver of my claim under this warranty. Except as otherwise pounded in this paachme order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties
or guarantees, but such liability shall in no event include loss ofpwfits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. Cl IANDES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the term, ether than legal tenet, including additions to or drletions from
,he qum o es originally ordered in the spaificmims or drawing', by verbal or wriuen change crew. If any such
change affects the ...at due ar the time ofperfcion. hereunder, an equitable Apartment shall be made.
6. TERMINATIONS.
The Purchase, may at any time by wnnrn change Oder, mrourare this agreement as to any or all pa.1. of the
goods then not shipped, subject to any equitable adjustment between the parries ax so my work or matenak then in
progress provided that the Purchaser shall nor be liable for any claims for anticipated profits on the umomple rid
portion of the good not wok, for imidrntal or consequenriol damages. end Wm an such sdjmtmmt be made in
or of the Seller with career my good which arc the Sellers standard stock. No such rumination shall relieve
the Purchase, or the Seller army Ofiheir oblignom as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or Rumination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wanants that all goods sold hereunder shall have been produced, wild, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods are subjmt The Seller shall execute and
deliver such documents m may be required to effect Or evidence compliance. All laws and regulation required to be
Incorporated In agreements of this character aft herby incorporated Screw by this reference. The Seller agrees b
indemnify and hold the Purchaser hamrless form all costs and dvwgw suffer l by the Purthaur m a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pray shall assign, transfer, Or coney this orbs, or any morties due at to become due hereunder without the
prior water consent of me other party.
la. TITLE.
The Sella warren%full, clear and unrestricted tide on the Purchmer for all equipment materials, and items fumuhcd
in performance of this agreement, den and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims oforhers.
The Sella shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting firm the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, writers and employees of such pony.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, is any way, because
such work is performed or crowd to be performed by the Purchaser.
14, PATENS.
Whenever the Seller is required to use any design, device, materiel or process covered by letter, parent, trademark
r copyright, me Sella shall indemnify and save harmless the Purchmer from any and all claims for infnvgemew
by orman of the tee of such ryrrnted design, device, personal or process in connection with she annual, noel
shall indemnify the Purchaser for nay over, expense or damage which it maybe obliged to pay by reason of such
infringement at any time during the prosecution at after the completion of des work. In came said equipment, or
any part thereof or the intended ere of the goods, is in such suit held in constitute infringement stand the uu of
said equipment or From is enjoined, the Seller shall, at its own expense and st its option, either pmcme for the
Purchaser the right to continue using said earthworm or puts, replace the same with substantially equal but
ronlnfdnghg alcipment, w modify n so it becomes noninGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, snake an assignment for the benefit of aci ilors, appoint a
peavec or art for any of the Sellers property or business, this order may forthwith be canceled by me
Purchaser without liability.
16. GOVERNING LAW.
The de initiom oftertm awed or the interyrewtion order agreement and me rights stall parties hereunder shall be
compered under and governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella is to perform wok hereunder,
including the services afSellers Rutpaaenmtive(s), on the premiss ofathers.
U. SELLERS RESPONSIBILITY.
The Sella shall any, an said wok at Sellers own risk until do same is fully completed and accepted, and shell,
in case of any accident, destruction or injury m the wale and/or mmmals before Sellers fret completion and
acceptance, complete she work err Sellers own expense and on the maiductim of the Purchaser. When materials
and equipment are famished by others for installation or erection by the Seller, the Sella shall receive, unlaad,
store and handle same at the site and become rapemible therefor m though such matcd.ly wil equipment
wens being famishud by the Sella under the order.
18. INSURANCE.
The Sella shall, at his own expense, 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,
major to their dependents in accordance with the laws of the stare in which the wok is to be done. The Seller
shall also any comprehensive genecal liability including, but tar limited to, contractual and automobile public
liability w ursine with bodily injury and death limits of at Inter S300,000 for any one person, 5500,000 for any
one accident and property damage limit per accident of S4JR000. The Sella shall likewise require his
emtmaars, if any, to provide for such competuation and insurance. Before my of the Sellers or his contractors
employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a radiation
that such rompensatim and insurance have been provided. Such camficasw shall specify the date when such
mmpeteahon and imumnce have ban provided. Such certificates shall specify the date when such compematian
and insurance expire. The Seller agrees thin such compensation anal immuance shall be maintained until after me
entire wok is completed and ismapred.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby resumes the entire responsibility aM liability for any and all damage, loss or injury of my kind
or mature whatsoever 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 Sella will indemnify and hold hmmless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against my and all claims, learns, damages,
connotes or expensea, whether direct or indirect, and whether to persons or property to which the Purchaser may
her put or subject by reason of any rot, action, nedra, omission or default on the part of the Seller, my of his
contraetors, or my Of the Sellers or connectors office, ages¢ w employees. In case my suit or Omer
paoceeding shall be brought against the Purchmer, or, its officers, agents or employees at my time on account or
by reason of any ere( action, neglect. omission or default of the Seller of my of his companions or any of its or
their officers, agents or employees m aforesaid, tar Sella hereby agrees to resource tbe defense th nary and to
defend the same at the Sellers own expense, m pay any and all cogs, charges, attorneys has and other expeo. s,
any mud ell judgments teal maybe incurred by or obtained against the Purchaser or any of its or theh officers,
Mends or employees in such suits or other proceeding, and in aw judgment or other lien be placed upon or
Obtained against Re property, of the Pureemer, m said parties in or as a result of ouch suits Or curer praeMing,
the Sella will or opme cane the sane to be dissolved and discharged by giving bond or otherwise. The Seller and
his contmmors shall take all safety pmautime, furnish and install all guard occasary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limimtion, me
Occupational Safety and Health Act of 1970 and all roles and regulations based pars.. there..
Revised 0IR014