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HomeMy WebLinkAbout125038 H & H DATA SERVICES INC - PURCHASE ORDER - 9150047PO PURCHASE ORDER 915004er Page C117/ of PURCHASE 9150047 t of z `t ( OI lI ns This number must appear ` `I {� on all invoices, packing sli s and labels. Date: 01/07/2015 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: 01/07/2015 Buyer: ED BONNETTE Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 BLANKET PO - H&H DATA 1 LOT LS 20,000.00 MAC SERVICES - LABOR 2 2015 BLANKET PO - H&H DATA 1 LOT LS 15,000.00 MAC SERVICES - MATERIALS 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 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Turnips and Conditions Page 2 of 2 1. COMMERCIALDEfAIIS. Tax exemptions. By down, rise City of Fort Collins is exempt (ram some and local tax¢ Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax El empnic. Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon stud performance of the reams and conditions hereof, failure car delay on Internal Revenue, Denver, Colorado (Ref. Colorado Revised Starnes 1973. Chapter 39-26. 114 (a). exercise my rights or remedies provided herein or by law, failure to pmmp0y body the Sena in the event of a breach. Use aceeptana ofor paymen for goods hereunder or approval ofdre design, shall rat release the Seller of Good Rejected. GOODS REJECTED due to failure to meet sped fiwlimew eifa when shipped or due to defects of any of the warranties on obligations of this purchase order and shall not be deemed a waiver of my right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of wdnm Purchaser to insist upon strict performance hereof or any cards rights or remdoer m to any such goods, regardless instructions from she City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed oral modification or rescission of this purchase order by rise Purchaser operate as a waiver ofany of the terms Inspection. GOODS are subjar or the Coy of Fun Collins inspection on mival. hereof. Final Acceptance. Receipt of the mercbendise, services r equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. maintained WMan on the pact of the City of runCollins. However, it is 10 be understood that FINAL Seller and the Purchaser recognize that in atonal economic prelim, o ercbargrs resulting firm aninust rgood ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Actinium are m in fact home by rise Pdcard. Thadefore.nfor cause and as consideration for executing this purchase order, the Seller hereby assigns to rise Purchaser any and all claims it nay now have or herea0er Freight Terms. Shipments most be F.O.B.. City of Fort Collins, 700 Wood St-, Fort Collins, CO 80522, unless acquired under falling or sate anra., laws for such overcharges refiring to the particular good or savida otherwise specified An this order. If peminsim is given to prepay freight and charge separately, the ongiml freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must scmmpany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where commocrums have dismobuting points in various grass of the country, shipment is If rise Purchaser hoden the Sella to coned nonconforming or derrive good by a date to be agreed upon by the expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when Purchaser mrM the Seller, and the Seller Ireland indicates its inability a unwillingness to comply, the Ruchasa shipments are made from greater distance may cone, the work to be performed by the most expeditious means available to it, oral the Seller shall pay all cos. asmeaned with such work. Permits. Seller shall .an, at sellers sole cost all necessary permits, renificmes and license required by all applicable laws, regulations, ordinances and rates of the state, municipality, temtory or political subdivision where the work is performed, or required by any other duly considered Public authority having jurisdiction over the work of vend.,. Seller further agmes to hold the City of Full Collins harmless from and against all liability and loss incurred by them by reason of an assmed or established violation a my such laws, regulations, ordinances, mles and requirements. Aurhonzution. All panics to this contract agree that the representatives are, in fact, bona fide and mines, full and complete authority 10 bind said parties. LIMITATION OF TERIMS. This Purchase Order expressly limits acceptance to the mares and conditions stared herein set fond and any supplemmhory or additional terms and conditions arrcxed herer or incorporated herein by reference. Any additional or different mans and conditions proposed by seller are objected to and herby injected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date m noted. Time is of the essence. Delivery and performance must he effected within rite time stated on rise purchase order and the documents ordered hereto. No acts of the Purchasers including, without limitation, acceptance ofpsnial late delivme, shall o r m e as a waiver of this provision. In the went rfany delay, the Purchaser shall have, in addition to other legal and equitable rem dies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as . ramp of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, govemmenrl priorities, fires, strikes, Goad, 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 Sella fast received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the paid equal to ge time actually loss by arson of fie delay. 3. WARRANTY. The Sella warrants Oat all goods, articles, materials and work coverts by this order will cant with applicable drawings, specifications, sample ands other descriptions given, will be fit for tine, puryoses ineodnf and performed with the highest degree of cart and wmperemx in accordance with and m) standards for work of is similar write. The Sella agrees to hold the purchaur harmless fio n any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of aimearty. The Sella shall replace, repair or make good, without cost to the Portland, any deltas or faults mixing within one (1) year or within such longer pmod of time in maybe presented) by law or by the terms of my applicable warms y provided by the Sella after the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting from impaired or defedive work done or materials frmishmi by the Seller. Acceptance or use of good by the Purchaser shall not institute is waiver orany, claim under this warranty. Except as otherwise provided in this purchase order. the Sellers liabil iy hereunder shall extend r all damages proximately caused by the breach of my of the foregoing wmmrries 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 charges to legal it. by women change order. S. CHANGES IN COMM ERCEM, TERMS. The Pritchard may make my changes to the terms, other than legal W., initiation, addifitsm to or deletion from the quantitie originally ordered or the specification or drawings, by verbal or wnnm change order. If any such change off,,%the... due or the time nfperfrrmame hereunder, an equitable mijusmen shall be made. 6. TERMINATIONS. The Purchaser may at any time by wnnen change order, terminate this agreement as to any or all pinion of the goods then not shipped, subject to any equiable adjustment between the posies as to any work or matmals then in progress provided that the Purchaser shall not be liable or any claims for anticipated profits on the uncompleted portion of the goods amber work, for incidawd or consequential damages, and that no such adjustment be made in Lour of the Seller with respect to my good which art the Sellers standard stock. No such temimation shall relieve the Purchaser or the Sella of my offei, obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be waded within thirty, (30) days four the date the change or mmiwtion is ordered. 8. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been pm lmed. sold, delivered and furnished in strict compliance with all applicable law, and regulators to which the good are subject. The Sella shall execute and deliva such dnumma as may be required to effect or evidence compliaure. All laws and regulations required to be incorporated in agreements of this character on, hereby incorporated hereon by this reference. The Sella agree m indemnify and hold the Furcbaer hamlet from all msrs and damages original by fie Purchaser as a result of the Sellers failure to comply wig such law. 9. ASSIGNMENT. Neither party shall assign, mnsfn, or convey this order, or any monies due or to became due hereunder without the ,He, written danced of the be, posy. 10. TITLE. The Sella wammb full, clear and unrestricted title or the Pardoned for all equipment, matdala, and items famished in performmce of this agreemen, f and Glen of my and all lien, rethdias, radvatian, security burned encumbrances and claims afrfess. The Seller shall release the Purchaser and its contractors of any ter from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the any released and shall extend to the directors, officers and employees of such party. The Sellers contredoal 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. Whenda dre Seller is required or lie any design, device, material or process covered by loner, patent, trademark or copyright, the Seller shall indemnify and save bamless rise Purchaser from any and all claims for infringement by nmsan of the use of such anded design, desire, nothrial car procrss in ronneer. with tube conmcL end shall indemnify flue Purchaser for any cost expaaw or damage which it rosy be obliged to pay by reason of such infringement at any rime during the prrsaution or and the completion of the work. In case said equipment, or any parr thereof or the intended one of she goods, is in such suit held in examine, 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 mild to continue using said equipment or pans, replace the some with substantially equal but nnninfnnging equipment, or modify it so it becomes noninfn'nging. 15. INSOLVENCY. If the Seller shall become insolvent or bmakmpt, make an assignment for the benefit of creditors, appoint a receiver to trustee for any of the Sellers property or business, this order may fcal if be canceled by the Purchaser without liability. 16. GOVERNING LAW. The &food.. of moos used or the morpre mom. ofthe aAeemem and the .,his afall panic hereunder shall be construed ender and gavemed by the lax, of fie Shone ofCalori USA. The following Additional Conditions apply only m earns what, the Seller is to perfomt wok Isma nder, including the services of Sellers Repnesmative(s), or the promise ofathery 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in u of my accident, destruction or injury to the work andrer mammals before Sellars final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Punched. When materials and equipment art furnished by others par installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor m though such materials and/or equipment were being famished by the Seller under the order. I B.INSURANCE. The Sella shall, at his own ,pence, provide for the payment of workers compenation, including recaptured disease benefits, to its employees employed on or in correction with the work cmeral by this purchase order, mdbr to their defaulted in accordance with the raw, of tbe spite in which the work is to be dame. The Sena shall also tarty comprehensive general liability including, but not limited W. conmcnW and automobile public Liability insurance with bably injury and death limits of at lean $3W.000 f my one person, 5500,000 for my one accident and property damage limit per accident of 5400,000. The Seller shall likewise requite has .met—, if my. I. provide foe such competaation and insurace. Berore, my of the Seaters or his contndors employces shall do my wood, upon the premius of others, the Scller shall famish the Purchesa with a catifiwte that such compensation and insurance have ban provided. Such cmif ante shall specify the date when such compensation and insurance have been provided. Such cesoficars shall specify the date when such compensation and insurance expires. The Seller agree that such compensation and insurance shall be maintained until after 'he entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury orally kind or man what ver to person or pmpmy caused by or resulting from the execution of the work provided for in this purchase order or in connwrion herewith. The Seller will indemnify and hold hamlets the Purchaser and my or all of to, Purchasers We.. a,mas and employees from oral v,imt any and all claims, losses, damage, charges ow expees n, whether direct or indirto ed, and whether personour property r which We rtlta Pumay be put or subject by reason of my act artion, neglect. omission or default on the Ism of the Sella, my of has eanmams. or my of the Sellers or conmdors siRcers, .gents An employee. To ram my suit or sign, prorershop shall be brought against the purchases, on its olfid rs. nams or employees in my rime on account or by reason of my act. action, neglect, omission or default of the Sella of my of his command or my of its or thew officers, agents or employees as aforesaid fie Seller Earthy agrees b assume the deferese thereof and to defend the same at the Sellers own expense, fo pay my and all costs, charges, attorneys fees anal ogee expenses, my and all judgments that may be incurred by or obtained against the purchaser or my of its or their officers. agents or employees in such mina or other pncedi ngs, and in case judgment or other liar It placed upon or obtained against the current, of the Purchaser, or said parties in or as a result of mch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or oherwise. The Seller and his contractors shall take all safety precautions, famish and install .II guard naessory Sri fie prevention of accidents, comply with .11 laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Ad of 1970 and all rules and regulations issued pursuant geree. Revised 07J2014