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HomeMy WebLinkAbout125038 H & H DATA SERVICES INC - PURCHASE ORDER - 9147071Fort Collins Date: 12/02/2014 Vendor: 125038 H & H DATA SERVICES INC 1310 WEBSTER AVE FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9147071 1of2 This number must appear on all invoices, packing slips and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 12/02/2014 Buyer: ED BONNETTE Note: PER 7615 CABLING INSTALLATION SERVICES CONTRACT AWARD TO H&H DATA AND WO 1408011-1 CABLING SERVICES FOR VOIP NETWORK UPGRADE FOR RESTORATIVE JUSTICE, ATTACHED. Line Description Quantity UOM Unit Price Extended Ordered Price H&H PROPOSAL#1408011-1 1 LOT LS 9,241.45 RESTORATIVE JUSTICE 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.00m Total Pay terms net 30 days Invoice Address: 1.45 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMNIERCIALDETAILS. Tax exemptions. By statute the City of For Collim is exempt Gnm state and local taxes. One Exemption Number is ILNONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of Nc Purchaser to insist upon strict perfomnt tance of the terms and conditions hereof, failure or May to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify rare Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped in due to defects of any of the warranties or obligations of this purchase Drake and shall not be deemed a waiver of any eight of the damage in Mosit, may be hemmed to you fro credit and art not as be replaced except upon mind of written purchaser to most upon term parfomomes hereafor any of its rights or ramedies as f any such goods, regardless imwcdom from the City of Fort Collins. of when shipped, received or accepted, as to any pd., or subsequent default heeunder, rmr shall any Rumored and modification or rescission of this purchase order by the Processor operate m is waiver of any of the mda Inspection. GOODS are subject to the City of Fart Collins inspection on arrival. heewf Final Acceptance. Receipt of the merchandise, smices or equipment in response in this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mahmixd payment on the pan of the City of For Collins. However, it is to be understand that FINAL Seiler and the Purchaser recognim that in acmol economic practice, overcharges resulting from antitro, ACCEPTANCE is dependent upon completion ofell applicablerequimlinspection procedures. violations are in fact home by the Purchaser. Theremfre, for good cause and as consideration for executing this purchase order, the Seller hereby cosigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be FGrIL, City of Fart Collins, 700 Wood St, For Collins, CO 80522, unless acquired under federal or Stara amlment laws for such overcharges relating to the particular goods or services otherwise specified on this order. Ifpermission is given to prepay freight and charge separately, the ongital freight purthased or acquired by the Pmchmd pursuant to this parebase amid. bill mot accomoanv invoice Additional charees fro waking will sot be accepted. Shipment Distance. Whem manufacturers have disWbuting points in various Ends of the memory, 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 procure at sellers sole cost all necessary permits, cenificmes and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is Performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller mother agrees to hold the City of Fan Collins harmless from and against all liability and lass incurred by meta by reaun of an su mot or established violations of any such lows, m draime, su unman. tales and requirements. Authoeiratimu All panties to Nis .nuad agree Nat the repreuntatwes art, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tereo and conditions stoned herein at forth and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment o arrive an your promised delivery dam m noted. Time is of the msence. Delivery sad performance must be effected within the time stated an the putchau order and the documents attached hereto. No acts of the Purchasers inefdin& without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the went of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option rplacing this older elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due do causes not reasonably foreseeable which or beyond its reasonable control and without its fault of negligence, such acts of God, acts ofrivil or military authorities, governmental priorities, Gres, strikes, flood, 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 thereof. In the wens of my such delay, the date of delivery shall be extended for the period equal to the fine actually lot by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials red work covered by this order will cant with applicable drawings, specifications, samples and/or other descriptions given, will le fit for the purposes header. and Performed with the highest degree of care and competence in accordance with accepted standaeds for work of a similar nature. The Sella agrees to hold fire purchaser harmless from any loss, damage Or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamdnry. The Seller shall deplore, repair or make good, without cost to the purchaser, any defects or faults mining within one (U year or within such longer period of time as may be preacribcd by law or by the term oferny applicable wmranry provided by the Seller after the state of acceptance of the goods f ished Moment (morainal not fin be unreasonably delayed), resulting from imperfdt or defective work done in matdirs fitmshed by the Seller. Accepcance or use of goods by Ne Pactial shall nut eomtimte a waiver ofany claim under this wormay. Except ns otherwise provided in this purchase order, the Sellers liability hereunder shall extend m all damages proximately ..it by the branch of any of the foregoing warranties or gmrantces, but such liability shall in no event include lass of profits in 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 to legal terms by write. sWmge older. 5. CHANGES IN COMMERCIAL TERMS. The Purehasd may make any change, to tbe terms, ohee than legal terms, including addimoas as or deletions from the quanWiw originally ordered in the speediest— or drawings, by ventral or written change order. If any such change affects the amount due or the time of performers. hareunder, an equitable adjuument shall be made. 6. TERMINATIONS. The Purchaser may at any time by writer change aide,, mrmham this agreement as to any or all pmium of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall out be liable for any claims for anticipated pother on the uncompleted portion of the goods andror work, for incidental a, comrquemial damages, and tier, oo such adjusnnent be made in favor of ease Seller with respect to any guests which art the Sellers stanched slack. No such urmiotion shall relieve the purchaser or the Seller of my of thew obligations Or to any goods delivered hertundd. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be returned within him, (30) days from the dam the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been p cdoced, sold, delivered and famished in swim compliance with all applicable laws and regulations to which the goods art subject. The Seller, shot[ execute and deliver such documents o maybe sequined to effect or madam, All laws and regulations OnFried Lobe recomposed th agrecexnts of this character are assay incorporated h ndin by this reference. The Seller egrtm f indemnify and hoard the Purchaser Fernandina from all cost and damages suRered by the Purchaser m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any martin due or to become due hereunder without the prior women consent of the other parry. 10. TITLE. The Sella warrants full, clear and unrestricted title to the Purchaser for all equipment, rwteeias, aM items fudishnd in pneformzore of this ngrtemenl, fire and near of my and all ham, reservations, reservations, security imerem inoculations. -it claims ofothds. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifebe Purchaser directs the Seller to armed nonennf ing in defsative, goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Provisional may room the work to be perfodted by the most expeditions means available to it, and the Seller shall pay ell costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature moulting from the performance of such work. This release shall apply eves in the event of fault of negligence of the parry released and shall extend to the directors, oRcbm and employees of such panty. The Sellers o drmm d obligations, including warranty, shall not be demand to be reduced, in any way, became such work is performed or caused to be pM rmcd by Ne Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seiler shall indemnify and rave harmless the Purchaser from my and all claims for infringement by reason of the me of Such patented design, device, material or process in .median with the contract, and shall indemnify the Purchaser for any cost. expense or damage which it may be obliged to pay by reason ofsuch management at my time daring the pmseemion or after the completion of the work. to case and equipment, or any pan thereof or the intended use of Ne grabs, is in such suit held to commum infn-ngemem end the use of said equipment or pan is mpireat the Seller shall, at its own mpeme and a, its opfim, either procure for be Fumhazcr the eight to continue using said equipment or pans, replace the same with substantially equal but nonimfmnging equipment, or modify it so it becomes naninfeinging, 15. INSOLVENCY. If the Seller shall became insolvent or bankdam, make an assignment far the benefit of creditors, appoint a rionerver or trustee for any of me Sellers property or business, this older may forthwith be canceled by me Purchaser without liability. 16. GOVERNING LAW. The definition ofurms used or the interpretation offs, agreement and the lights ofall parties mandlike shall be conswed under and govcmed by the laws of the Seem nfColamda, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprc entative(s), on the premises of others. 17, SELLERS RESPONSIBILITY. The Seller shall many on said wok at Seller's own milk undl the same is folly completed and accepted, and shall, to rase of any accident, destruction Or injury to the work andtm materials bef Sellers Baal completion and worrisome, complete the work an SclleJs own expense and to der satisfaction of tbe Purchases. When mouriak and equipment eta famished by olden for installation or erection by the Seller, the Seller shall manw, mdoad, store and handle same at the site and became responsible therefor m though such materials maker equipment were being Industrial by the Seller coder the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational diwas benefits, to its employees employed on or in connection with the work covered by this puchax order, soaker to their depmill in accordance with the laws of the scale in which the work is m be done. The Seller shall also carry comprehensive ge.dl liability including, but not limited to, implement and automobile public liability insurance with highly injury and death limits of at lease S300,0p for any one person, S5010,000 fro any me accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and assurance. Before any of the Sellers or his contractors employees shall do any work upon fare premises of others, the Seller shall famish else Purchaser with a certifieste that such compensation and insurance have ben provided. Such cmificatn shall specify the data when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The SCLIer hereby assumes the entire responsibility and liability f any and all damage, lam or injury afany kind or minim whatsoever to persons or property wand by or reulting from Be execution ofthe wart pmvidcd for in this purchase order or in correction herewith. The Seller will indemnify and hold homtleas Ne Purchaser and any r all of the purchasers oRicem, agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or propere, to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In eau any Sun or usher proceedings shall be brought against the Purchaseq or its officers, agents or employees many time on account or by reewn of any act, action, millect, omission or defauh of the Seller of any of his contracors or any of its or Ne'u officers, agents at employees o aforesaid the Seller hereby agues to assume the defense thereof and m defend the some at the Sellers own spsme. to Pay my read all costs, charges, —11 f uni other <xpemn, any and all judgments Nat may be incurred by in obtained against the Purchaser or tiny of its or their officers, agents or employees in such suits or other proceedings, and in cast judgment or oNd lien be placed upon or obtained against he property riffle Purchaser, or said parties in or m a result ofsuch suits or other proceedings, the Seller will tit once cause the same m be dissolved and discharged by giving bond or otherwise. The Seller and his commands shall take all safety precautions, furnish and iotall all guards necessary for the pre echou of accidents, comply with all laws and regulations with regard to safety including, but without limitation, rare Occupational Safety and Health Act of 1970 and till ales and regulations issued pursuant Memo. Revised OM014