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HomeMy WebLinkAbout403506 THE MEJORANDO GROUP - PURCHASE ORDER - 9146841Fort Collins Date: 11/21/2014 Vendor: 403506 THE MEJORANDO GROUP PATRICK IBARRA 7409 N 84th AVE GLENDALE AZ 85305 PURCHASE ORDER PO Number Page 9146841 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: CITY ATTORNEY CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST - 1 ST FLOOR FORT COLLINS CO 80521 Delivery Date: 11/21/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Consulting -Knowledge Transfer 1 LOT LS 7,500.00 Consulting -Knowledge Transfer 2 Expenses -Knowledge Transfer Expenses -Knowledge Tranfer 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 2,500.00 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAIVER. 98-04502. FcxJ ml Excise Tax Exemption Cenifcam of Registry 84-64)(Sl is registered with the Collector of Failure of the Purchaser to insist upon stdm performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado Her Colorado Revised Statutes 1993, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of be design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mat specifications, either when shipped or due to defects of any of be warranties or obligations of this Purchase order and shall not be deemed a waiver of any right of the damage in transit, may be retuned m you for credit and we not to be replaced except upon receipt of written purchaser of insist upon strict performance hereofor any of its rights or remedies in to any such goods, regardless instructions from the City of Fort Collins, of when shipped, received or accepted, az to any prim or subsequent default hereuMer, nor shalt any purported oral modification m rescission of this prereM1,., color by the Purchase operate as a waiver of Say of be terms Inspection. GOODS are svbjeet b be City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, smica or equipment is response or this offer can mull in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser memories but in actual economic practice, overcharges .111, from antitrust ACCEPTANCE is dependent upon completion oral applicable required inspection limiedures. violations are in fact bame by the Purchaser. Theretofore, fogood cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaer any and all claims it may now have or hereafter Freight Terms. Shipments most be F O.B., City of Pan Collins, 700 Wain SL, Fort Collins, CO 80522, unless acquired under federal or site antitrust laws for such overchargm relating to the particular goads or services otherwise specified on his order. If permission is given to preryy freight and charge separately, the original freight purchazed or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCEOF SELLERS OBLIGATIONS. Shipment Distance. \Mere manufacturers have distributing points in venous pans the shipment is ain If the P direct the Sella to sorted afttemfoeming or defective goods by a dine to be agreed upon by be de d I exported fmm the point to domination, tab excess freight will be deducted main Invoice when and indicates its inability or unwillingness to comply, fu Purchaser Purchaser and the Seller, and the meld ewer dtim Shipments art made from grcata distance. down way carer by be most expeditions moors available m it, and the Seller shall pay all rosy muse the work to be by be bus orformd costs associated with such work. Permits. Seller shall procure at sellers Sole cost all necessary permits, ceniftcates and licenses mmmJ by all applicable laws, regulations, ordinances and rules of the state, municipality, muntory or peIareal subdivision where the work is perfomm, or required by any other duly constituted public authority having jurisdiction over the work of vendor, Seller further agrees to hold be City of ran Collins harmless from and against all liability and lass incurred by them by reason of an azseded or established violatioa of say such laws, regulations, mdinmar, rules and resentments. Authorization. All patties to this contract agree that be mismontatives are, in fact, bona fide and possess full and complete authority in bind Said ponies. LIMITATION OF TERMS. This Purchase Order capressly limits acceptance to the tents and conditions sated herein set fonts and my supplementary or additional terms and conditions annexed hortto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to arrive an your pmmomi delivery date as..red, Time is of be umme. Delivery and perform. must Ix, effected within the time stated on be purchase offer and the documents attached hereto. No acts of he Purchasers including, without limitatiw rcp. of ro dial late deliveries, shall opem e u a waiver of this provision. In the seem of any delay, the Purchwmf shall have, in addition to other legal and equitable remedies, he option of placing this order elsewhere and holding be Seller liable for damages. Howeverr, the Seller shall not be liable for damages as a result of delays due to causes not reasonably finreseeable which are beyond its reasonable control and without its fault of negligence, such acts of cod, acts ofdvit or ordinary authorities, governmental priorities. Brea, strikes, fond, epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) Jays of the time when be Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the perfect a imal to the time actually lost by rason ofthe May. 3. WARRANTY. The Sella warrens but all goad, articles, materials tand work covered by this order will conform with applicable drawings, spie fmtimas samples .Nor ober descriptions giver, will he fit foe be puryosa intended, end performed with the highest degree of care and competence in accordance with accepted amndards for work of a 'mile mture. The Seller agrees to hold be purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on warmnt of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer Period of time az may be prescribed by law or by the terms of any applicable wananry provided by the Seller after the dam of acceptance of the goods finished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of gwda by be Purchaser shall not consulate a waiver of my claim wider this warraasy. Except as otherwise provided in this purchase order, he Sellers liability heremder shall extend to all damages proximamly caused by be breach of my of be foregoing warranties or greardmces, but such liability shall in no event include loss of profs or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. no Purchaser may make changes to legal terns by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to be terars. other than legal max, including additions to or deletions fmm be gmntides originally ordered in be specifications w drawings, by verbal or written change order. If any such change offers; be amount due or the time ofperfomsarce hereuMer, m equitable adjustment shall be made. 6.TERNBNATIONS. The Purchaser may at my time by wrimen change concert, terminate this agreement as to any or all portions of he goods then not shipped, subject to any equitable ralf-ament between the parties m to any vow, or materials then in progress provided that he Purchaser shall not be liable for any claims for anticipated profits on be uncompleted portion of the goods warl work, for incidental or crossequemi it damages, and that no such adjustment be made in favor of the Seller with inspect to my goods which arc the Sellers standard stock. No such termination shall relieve he Purchaser or the Seller of my of their obligations az to any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from be date be change or rubrication is ordered. S. COMPLIANCE WITH LAW. The Seller warrants but all goods sold hereunder shall have been produced, Sold, delivered and f ca ached in strict 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 effect or evidence compliance. All laws and regulations required 1. be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchases harmless fmm all costs and damages suffered by the Purchaser as a result of the Sellm failure to comply with such law. 9. ASSIGNMENT. Heiber pony shall assign, truster, or convey this ender, or my monim due or to become due hereunder without the prior written consent ofthe offer party. 10. TITLE. no Seller warmts full, clear and unrestricted life to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all lira, restrictions, reservations, security interest encumbrances and claims amems. The Seller shall release the Purchaser and its contractors of my tier fmm all liability and claims of my nature resulting from the perbnmunce ofsuch work. This release shall apply oven in be event of Paull of negligence of the parry released and shall extend to the directors, officers and employees ofsuch patty. The Seller's contractual obligations, including mor ancy, shall not be domed to be reduced, in my way, because such work is performed or caused to be performed by the rurthaser. 14. PATENTS. Whenever the Seller is muird to use any design, device, material or process covered by lent patent, trademark copyright, the Seller shrill indemnify and swe hmmless the Purchaser from any and all claims far infrmpemam by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any oust, expense or damage which it may be obliged to pay by reason of such infringement at my time during be prosecution or after the completion of be work. In case said equipment, or my pan thereof or he intended use of be goods, is in such suit held in constitute infringement and be use of mid equipment or pan is enjoined be Seller shall, at its own expense and at its option, either procmre for the Purchaser be right to continue using Said equipment or parts, replace be some with substantially equal but tmninfringing cgeipmenk or modify it so it baomes mninGnging- 15. INSOLVENCY. If be Seller shall become insolvent or bmkmpl, make an assignment for the benefit of creditors, appoint a receiver or trustee fur any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definifom of tams used or he intepfdalion ofthe agtemrcnr and the rights ofall ponies remember shall be, coestmed under and governed by be laws of fire, Some ofColotdo, USA. The following Additional Conditions apply only in carm where be Seller is ro pert wad hereur im, including the services of Sellm Repmsenmtive(s), on the promises of others. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on Said work at Seller's awn risk until the same is fully completed and accepted, and shall, in u of my accident, destruction or injury to the work m vor materials before Sellers final completion and accepm ee, complete the work at Sellers own expeme and b be Satisfied.. of he Purchaser. When mati and ryuipmmt art Cumished by others for installation or ruction by be Seller, he Seller shall receive, unload store and handle same at the site seed became responsible bereft as though such nationals and/or aquipmmt were being fifmahed by the Seller under be under. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupatimd disease benefits, to its employees employed on or in connection with be work coveted by this purchase order, md/cr to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive geaeml liability including, but not limited to, mmmnual and automobile public liability insurance with bodily injury and death limits of at lean $300,000 for any no person S50it" for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his can tfire an. if my, to provide for such compensation end unsumme. Before any of be Sellers or his contmcton employees shall do my work upon the premises of others, he Seller shall famish he Purchaser with a certificate bar such compenselum and inuance hale been provided. Such aniBmtes shall specify he date when such comport Lion and insurance have been provided. Such certificates shall specify the date when such compensation and fracture expires . The Seller agrees that such compensation and in omence shall be maintained until after the entire work is completed and accepted. La. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or hjury of any kind mime whatsoever to pions or property mused by or ..In, from he execution of the work fimeidd far in this purchase order or in connection herewith. Thu Seller will indemaify and hold hmtnless be Purchaam and my r all of be Puclu officers, agents and employees fmm and agaimt my and all claims, losses, damages, charges or expenses, whether firm err indirect, end whether to persons or property to which be Purchaser may be put or subject by reason of my act action, trcglat, omissim of default an the part of the Sella, my of his ontmctors, or my of he Sellers or conuucters officers, agees or employees. In case my suit or offer proceedings shall be brought against he Purchaser, or its officers, agents or employees at my rime on account or by reason of any act, action, ncgled, omission or default of be Seller of my of his contactors or my of its of their officers, agents or employees m aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the Same in Sellers own expense, to pay any and all costs, charges, atmmeys fees and offer expenses, any and all judgments fast may no incurred by or obtained against be Purchaser or my of its or their officers, agents err employees in such suits or other proceedings, and in case judgment or offer lim he placed upon or obtained agaimt be property, of the Purchaser, or said pmim in or as a mull ofsuch mix or obey proceedings, be Seller will in once cause the same m be dissolved arW disehanged by ®wing bond in otherwise. The S<Ilee arcd his contractors shall take all Safety prmamiaas, Raffish and instoR all guard nrccsaary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without harmonic, be Ofeboo fional Safety and Health Act of 1970 and all rules and regulations issued pursuit therem. Revised 07Q014