HomeMy WebLinkAbout125038 H & H DATA SERVICES INC - PURCHASE ORDER - 9147462Fort Collins
Date: 12/18/2014
Vendor: 125038
H & H DATA SERVICES INC
1310 WEBSTER AVE
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9147462 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 12/17/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 281 N. College
Security Assessment
Provide all necessary labor
and materials to complete
the drops for new access
control per proposal
dated 12/4/14.
Contact: ethan C.
'r'r (Fji
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
1 LOT LS
746.94
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Teals and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Collins is exempt from state and local tax¢. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Canificate of Registry 84,5000587 u registered with the Collator of
Ime=] Revenue, Deaver, Colorado (Ref. Colorado Revised Se utcc 1973, Chapter 39-26, 114 (a).
Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in march, may be rimmed to you for credit and arc not to be replaced except upon receipt of wnnerr
instructions from the City of Fort CaRim.
Inspection. GOODS am subject a me City of Fon Collins inspection m arrival.
Final Acceptance. Receipt of the merchandise, services or equipment In response to this order con result in
authorized payment on the pan of the City of Fort Collins, However, it Is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable requird inspection pracedmex.
Freight Tmm. Shipments must be FO.D, City of Fan Collins. 700 Wood St., Fort Collins, CO 80522, It.
morwiu specified on this order. If permission is given as prepay freight and charge Separately, the original freight
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing paints in various rams of the country, shipment is
expected from the nearest distribution point to distinction, and excess freight will be deducted from Invoice when
shipments are made from gamer distance.
Permirs. Seller shall procure at sellers sole cast all necessary permits, cenifeme and license required by all
applicable laws, mgmatic no, ordinances and rules of the state, mnnicipaliry, temiary or political subdivision when
the work is perfumed, or required by any other duly constiIand public authority houin, paid! iation over the work
of vendor. Seller further agrees to hold the City of Fan Collins hmmless from and against all liability and loss
nima d by them by cannot of an asserted or established violation army such laws, regulations, ordinances, rules
and requirements.
Aulhonzation. All parties to this contract agree that the represenatives are, in fact, bona fide and posuss full and
complete sa h oily a hind said parties.
LIMITATION OF PERMS. This Purchau Order expressly limits acceptance to the team end condaime sand
herein set forth and any supplementary of additional menu and con liricrrs ammxe l hereto ar immpomted herein by
reference. Any additional of diRermt temu and conditions proposed by seller are objected to and hereby rejected,
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make exteplete shipment to arrive on your
pmtnised delivery data as noted Time is ofthe essence. Delarry and performance most be effected within the time
stated oa the Purchase aide, and me documents amched hereto. No acts of the limchmars including, without
limitation, acceptance of,=i.1 late deliveries, shed[ operate as a waiver aflhis Provision. In g, event of any daisy,
me Purchaser shall have, in addition to ante, [,,a] and equitable readies, me option orphaning this Lanka elsewhere
and holding the Seller liable for damages. However, me Seller shall act be liable for damages as a result of delays
due to causes ram reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence,
such acts of God. acts of civil or, military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
non provided that notice of the conditions coming such delay is given to the Purchaer within Eve (5) days of the
time when the Seller first received knowledge thereof In the event of my such delay, the date of delivery shall as,
exteadd for the period equal to the time actually lost by resoa 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, samples =&a, other descriptions given, will be fit for the purposes intended, and
,saturated with the highest degree of can and comperua in accordance with accepted Lwdard for work of S
imilm nature. The Seller agrees to held the purchase, harmless farm any loss, damage or expense which the
Portman may suffer or incur on account of me Sellers breach of warranty. The Seller shall replace, repair or rake
good, without cost No me purchase, 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 terms of any applicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder muceptace not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of good by the Factories shall not
constitute a waiver of any claim under this amount, ant, Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing communes
or guamntas, but such liability shall no even, include loss of pmfts 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 to legal tertm by wnrten change order.
5. CHANGES IN COMMERCIAL TERMS.
The Pumhnsm may make any changes m the menu, other than legal Tema, including additions to or deletions from
the quantities odgmally ordered in the spot ficmions or drawings, by verbal of women change ruder. If any such
change affects the amount due or the time of,arformance hereunder, an equitable adjustment shal l be made.
6. TERMINATIONS.
The Purchaser may at any time by wort.. change order, emrira¢ mix agreement as to any or all poai. of the
good Tbar ram slurped, subject to any equitable adtwmrnt between the latia as a any wort of mammals men in
progress provided that the Purchaser shall not be liable for any claims for anticipated parts an me uncompleted
Portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with aspect a any goods which are the Sellers standard stack. No such Nomination sa[] relieve
the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment meat be, averted within they (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warnings, tat all goods said hraunde shall have been produced, sold, delivered and furnished in strict
compliance with all applicable has and regulations a which no goads an subject. The Sella shall execute and
deliver such dacummts a may be required to affect or evidence compliance. All laws and regulations ramird to be
incorporated in agreements of this character are hereby incorynmted herein by this reference. The Seller again to
indemnify and hold the Purchase, harmless from all costs and damages suRerd by the Purchaser m a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or many this order, or any manic due or to become due hereunder without the
prior women contact of the other party.
10. TITLE.
The Seller warrants full, clear and recommend title to d, Purchaur for all temperedL materials, and items famished
in performance of this agreement. I and dear of any and all liens, restrictions, reurvmiam. umnty honest
accordance- Said claims a f others.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance argue team and condidorss hemof, failure or delay to
exerniza any rights or remedies provided herein err by law, failure to Pr armly notify the Seller in the event of a
bfineh, the accepance of or payment for good hereunder m 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 any right of the
purchaser to insist upon stria, performance hereof or any Of its rights or remedies as m any such goods, regardless
of when shipped, received or accepted, as many prior or subsequent details hereunder, am shall any purported
oral modification or rescission of this purchau order by the Purchaser operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, Overcharges resuming from antitrust
violations art in fact home by the Purehasa. Thereafore, for good caou and as consideration for executing this
Purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or site ..tins lass for such watercolors retain, to me particular good or urvices
purchased or acquired by me Purchaser Panama to this pur doom order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective good by a date to he agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Puchaser
may ntve the work to be performed by the most expedidom means available to it, and me Seller shall pay all
costs associated with such work.
The Seller shall release she Purchaser and its contmctms of any tier from all liability and claims of any nature
resulting from the performance of such work.
This release Shull apply even in the event of fault of negligence of me party alaased and shall extend to the
due., officers and employees of such party.
The scdbres communist Obligations, including warranty, shell not be deemed to be, reduced, in any way, became
such work is performed Or caused to be performed by the Purchaser.
14. PATENTS.
Whomever me Seller is required to use Say design, device, material or process covered by lever, plant, trademark
or mpysighL the Seller shall indemnify and save harmless the Purchaser main any and all claims for infringement
by tmmn of the nu of such patmttd design, device, material or process to aromatic. atic. with the c4ntmet, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by mason of such
infringement no any time during the prosecution or after me completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is N such suit held to constitute infringement and the are of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchase, tha Light to common, min, said chairmen, or press, replace the same wim substantially cal but
noninfringing equipment, or modify it so it becomes nardnGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or barr mpt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or bmhress, this order may forthwith be canceled by the
pay ma without liability.
16. GOVERNING LAW.
The definitions Orleans used or the intermdation of the agreement and the rights of all parties hereunder shall be
constmed under and governed by the laws ofthe Sate ofColorado, USA.
The following Additional Conditions apply only in cases when the Seller is to Rerfoon work hereunder,
including the services of Sellers Repreamerrive(s), on the premise ofomess
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk it the same is ally completed and accepted, and shall,
in use of any accident, destruction or injury to the work and/or materials before Sellees fiml completion and
acceptance, complete the work at Scileh own expense and to me satisfaction of the Purchases. When materials
end equipment are fwaishd by he. far imalkimm or nation by she Seller, the Seller shall rercive, wlood,
wore and handle tame at me site and become respoaiblc tbertfor as though such nunfirk, emir equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including ocwpatioral
disease benefits, to its employees employed on or in mrmection with the work covered by this purchase order,
andlm a their dependents in accordance wit the laws of me state in which the work is to be done. The Seller
am[] alto carry wmmebemive general liability including, bar at liming no, contractual and automobile public
liability insurance with bodily injury and death limits of at least $300,000 for any one person, 5500,000 for any
accident and property sans, limit per accident of 5400.0)a The Seller shall likewise require his
committees, if any, to provide for such compensation and imumnce. Before my of the Sellers or his contra oss
employees shall do my work upon the premise of rimers, de Seller •all famish to Purchaser with a anifcate
that such compenaotio. and insurance have been provided. Such certificates shall specify me data when Such
mpemaaon unit inmmace ban been provided. Such cenifimres sail specify the data when amen compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be mawamed until after the
cage work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the actin responsibility and liability for any and all damage, loss m lajury of any kind
or nature whanaver to persons m property Gamed by Or resulting fmm me exealion ofine work provided fen in
mist purcau ode, or in connection herextlth. The Seller will indemnify and hold harmless the Purchaser and Say
cr all of the Purchasers officers, .,a.% and employees fromand a,.imt any Said all claims, loves, damages,
harges or expenses, whether circa of indirect and whether in persons m property a 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
conossion, or any of the Sellers or coni e. alficers, agents or employes. In eau any suit or other
Proceedings shall be brought against the Purchaser, or its officers, agents m employees at my Lime on ammt or
by mason of any an, ration, neglect, omission or default of the Seller of any of his contactors or any of its Or
their officers, agents or employees as aforesaid, the Seller hereby Simi m assume the defense therm( and to
defend the same at me Sellers own expense, to pay any and at I costs, charges, attorneys fees and other expenus,
any and all jud,and, that may be incurred by or obtained against the Purchaser or any of its or then officers,
agents or employees in such suits or other proceedings, and in case judgment or other lice be placed upon or
charmed against no Property of the Purthau,, or Said parties in or as a result of such suits as other praxedimp,
me Seller will at once cane that stone to be dissolved and divargd by giving bond or otherwise. The Sella and
his contractors shot[ take all Safety precautions, famish and land all guards necesaary for the pmanticn of
accidents, comply with all laws, and regulations with regard to safety including, but widget limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulators issued pursuant mermo.
Revied 07R014