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HomeMy WebLinkAbout403506 THE MEJORANDO GROUP - PURCHASE ORDER - 9147583PO PURCHASE ORDER 914758er Page City. of PURCHASE 9147583 ' of z Flirt( OI tins This number must appear ��,/`I ` V ` on all invoices, packing sli s and labels. Date: 12/23/2014 Vendor: 403506 THE MEJORANDO GROUP PATRICK IBARRA 7409 N 84th AVE GLENDALE AZ 85305 Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST- 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 12/23/2014 Buyer: PAUL, GERRY Note: This purchase order has been established for Knowledge Transfer - City of Fort Collins, Chief Sustainability Officer per Patrick Ibarra email to Deb Mossburgh dated December 11, 2014. The Fee is $4,000 plus a share of the travel for the on -site video portion. Line Description Quantity UOM Unit Price Extended Ordered Price r Knowledge Transfer 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 1 LOT LS 5,250.00 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smmtes 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REIECTED due to failure to meet spaificatioas, either what shipped or due to defects of damage in tamit, may be resumed to you for credit and on, not , be replaced except upon receipt of within inswctions from the City afFm t Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, admix or riuipmenr in responses to this order can result in radiational payment on fire pan of the City of Fred Collins. However, it is to be understood thatFINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedum. Freight Terms. Shipments most be F.OB., City of Fort Collins, oral Wood St., Pon Collins, CO 90522, unless otherwise specified on this ender. If permission is given to 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 proms in various pans of the country, shipment is expected from the moral distribution point to elimination, and excess freight will be deducted from Invoice when shipments are madef greater dro me. Permits. Seller shall procure at sellers In cost all nmmem, permits, certificates and licenses required by all applicable It regulations, oNinanas and tales of the state, municipality, rerthory or political subdivision where the work is performed, or required by my other duly constituted public authority having jurisdiction aver the work of vender. Seller further agrees .hold the City of Fort Collins hmmless firm and against all liability and loss cricuread by Them by rcmoa of an asserted m established violation of any such laws, regulations, mdimnces, tales andregdresnents. Augmentation. All ponies , this mound agree fast the ecpresenulives are, in fact, thaw ride and possess full and complete authority to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits mceptena to the rams and conditions anted herein set forth and any supplementary or additional teens and conditions annexed herein or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby djecmd. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT imm beent, if you cannot make complete shipment to active on gout promised delivery date as voted. Time is of the miens. Delivery and performance must a effected within the time cured on the purchau .,it, and gue documens anacbed here,. No ass of the purchasers including, wiNou, limitation, acceptance ofp rdid late deliveries, shall opemm as a waiver winds provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, me option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller call not be liable for damagm as a result of delays due m causes not reasonably foreseeable which are beyond is reasonable control and without is fault ofnegligence, such acts of God, acts ofcivil or military authorities, govemmenml priorities, forms. stakes, flood, epidemics, wan or nos provided cut notice of do, conditions wising such net, is given to the Purchaser within five (5) days of the time when the Seller f t reamed knowledge that In the event of my such delay, the daze of delivery shall be extended for doe period equal to the time actudly lost by reason ofNe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples earlier other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar trim. The Seller agrem to hold the purchaser boom. from my loss, damage or wipe. which the purchaser may suffer or ima on accoant of the Seders beach of warranty. The Seller shag replace, repair or make ,.it, without cost , the predict any defers to faults end, within one (1) year m within such longer plied of time as maybe presented by law or by the lereas army applicable warredy provided by the Seller after the date of sccep,mce of the good famished le reander (acceptance not be immeasurably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not onstituts a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend, all damages proximately caused by the breach of my of the foregoing warranties or guidances, but such liability shill in eta 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 changes to legal tents by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the perms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or orat®r change order If my such change affects the amount due or the time ofpaf rmarme harem da, or equitable antion eel sail be made. 6. TERMINATIONS. The Pmebxear may at my time by written change order, terminate this agreement u to any or all paniom of the good then not shipped, subject to my equitable refinement between the ponies as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims fro anticipated profits ed the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect to any goad which are the Sellers standard stock. No such termination shall relieve the Fammusr or to Seller ofany of their obligations so any good delivered hemmder. T. CLAIMS FOR ADJUSTMENT. Any claim for Wjnstmmt mast be assured within dedy (30) days from the date the change or eradication is ordered. 8. COMPLIANCE WITH LAW. The Seller warrant; Nat all good sold hereunder shall have been prodmed, sold, delivered and famished in strict compliance with all applicable laws and mgulations in which the goods arc subject. The Sella shall execute and deliver such domments a maybe required m affect or evidence compliance. All laws and regulations rquirW , be incorporated in agreements of this character art hereby incorpoated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from ell w,s and damagm suffered by the Purchaser as a mutt of the Sellers failure, comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this mxa, or any monies due or to hmome due hereander without the Poor written couresent of the other party. 10, TfFLE. The Seller worrmts full, deer and unratricud tide to the purchaser for ell aryipmatm, materials, end items fiunishat in performance of his agreement, free and clam of any and of liens, restridgons, reservations, security inserts, encumbrenees end claims of others. I I. NONWAIVER. Failure of the Pacifica to insist upon stnperformance a 4mr of the and conditions hereof failure or delay to examise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach, Ue .,,.a of or payment far goods heretutder or approval argue daign, shall not ml. the Seller of any of the wurmntia or obligations of this p,cbme, order and shall not be deemed a waiver of any right of the p releaser to hour upon shod performance hadufm my offs rights or remdim as to any such good, regardless of what shipped, received or arcepted, ss many prior or subsequent default forwarder, nor shall any puryoned ore] modification or rescission of this purchase order by the Purchaser operate m a waiver of my of Be terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser necognime that is actual ecommic procure, overcharges resulting from antitrust violations ere in fact borne by the Purchaser. Theretofore, for good exam, and es consideration for executing this purchase molr, to Sella hereby assigns to the Purchaser any and all roams it may now have or hereafter acquired under federal or sum antitrust laws for such overcharges relating to gue particular good or services purchased or acquired by rise Purchnser pursuant to His purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifgue Northeast diners me Seller to cored nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and that Seller theeafter indicates is imbility or unwillingness to comply, the Purchaser may wale the work to be performed by do, most aspcditious means available an it, and the Sella shall Pay all costs aamciated with such work. The Seller his release Ne purchase, and is contractors of any tier from all liability and claims of any nature resulting from the performance afsuch work. This release shall apply aver in the event of fault of negligence of the parry released and shall extend , the director, oMet. and employms afsuch parry. The Sellars residential obligaricrees, including warranty, shall not be,imned in be reduced, in my way, hans, such work is pert ed m sued to be pert ed by fire Purchaur. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the tax of such patented design, device, mmmal or process in coanecti m with the contract, and shall indemnify the Fuchsia for any cast expense or damage which it may he obliged, Pay by eamn of such infringement in any time during the prosecution or after the completion of the work. In case said aryipment, or any pan ttertaf or the intended ase of the goods, is in such suit held to constitute infringement and the out of said equipment or pan is enjoined, no Seller shall, at its own expense and at is option, eiNor procme for me Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninGnging equipment, or modify it so it becomes nuninMnging. 15. INSOLVENCY. If doe Seller shall become insolvent of Foreigners, make an assignment for the benefit of creditors, appoint e err Yusax for any of the Sellers Property or business, this order may foMwidt be adualed by the Pwchmer without liability. 16. GOVERNING LAW. The definitions ofterms cord or the interpretation ofthe agreement and the rights of all parties hereunder shall be construed under and governed by the laws argue Sure of Colorado, USA. The following AMinond Conditions apply only in cures when the Seller u to perform work hereunder, including the stakes of Sellers Represemmiva(s), on the premises ofodo n. 17. SELLERS RESPONSIBILITY. The Seller shall any, on said were in Sellers own risk until the same is fully completed and accepted, and shall, in u of my accident, destruction or injury m the work writer materia s before Sellers final completion and acceptance, complete the work at Sellers awn expense and , the satisfaction of the Purchaser. When mmMals and equipment arc famished by others for instillation or motion by the Seller, the Seller shall receive, unload store and handle same at the site and become eesponsible guertfm as though such mmerials and/or extuipment were being famished by the Seller melee the color. IS. INSURANCE. The Sella shall, at his awn expense, provide for the payment of workers comprwtion, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchau order, andror to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also can, comprehensive general liability including. bur not limited,, commercial and automobile public liability insurance with bodily injury and death limits of at It., 5300,000 for any one person, 55011,000 for my one accident and properly damage limit per accident of S400,000. The Seller shall likewise require his command, Hmy, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees call do my work upon the premises of otters, the Sella shall fumlsb tte Pmcbmm with a a nifiam that such compensation and document have been provided. Such cenifares shall specify the date when such mpensation and insurance have been provided. Such cenificntes shall specify the date when such compensation and insurance expires. The Seller agrees gust such compensation and insurance shall be maintained until after the entire work Is terminal and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for my and all damage, loss or injury ofmy kind rand, whoomexcir to reasons or property caused by or rtsuhing from the excmtim ofdse work provided for in this purchase order or in comeartirn herewith. The Sella will indemnify and hold harmless else Purehmer end any m of of the Purchasers oBicers, ,as. and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his onmaetoes, or my of Be Sellers or contactors officers, agents or employees. In case my suit or other proceedings Sall be brought against the purchaser, or its officers, agents or employees at my time on azrnunt or by tartan of my ac4 action, neglect, omission or default of the Seller of my of his sediments, or any of its or gueh officers, agents or cmplo,m ea afic eaid, the Sella hereby agrees to assume Ne defame thermf and , defend the same at the Sellers own expense,, pay my and all toss, charges, attest fees and other expenses, any and ell judgments tat may he insured by or obtained against the Purchaser may of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lint be placed upon or obtained against the peepary of the Purcasee or said parties in or as a result ofsuch suits or other proceedings, the Seller will at matt now the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety romances, famish and behalf all Beards nmawy for the prevention of accidents, comply with ail laws and oftabriom with regard to away including, but without limiation, to Occupational Safety and Health Act of 1970 and ell tales and regulations issued pursumn thereto. Revised 01R014