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HomeMy WebLinkAboutResolution - 2011-R0076 - PO - GT Distributors Inc.- Tufloc Storage Containers For Tahoes - 02_10_2011Resolution No. 2011—R0076 February 10, 2011 Item No. 5.29 RESOLUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to ute for and on behalf of the City of Lubbock, Purchase Order No. 10001561 for the hale of Tufloc Storage Containers for Police Tahoes, as per Buy Board No. 284-08- by and between the City of Lubbock and GT Distributors, Inc. of Austin, Texas, and ed documents. Said Purchase Order is attached hereto and incorporated in this lution as if fully set forth herein and shall be included in the minutes of the City by the City Council on February 10, 2011 TOM kARTN, MAYOR TTEST: Garza, City AS TO CONTENT: City Manager Information Officer OVED AS TO FORM: Weaver, Assistant City Attorney ics/RES.GT Distributors, Inc.-PurchaseOrd 25, 2011 flcity of ubbock k TEXAS TO: PURCHASE ORDER GT DISTRIBUTORS BOX 16080 AUSTIN Texas 78761 SHIP TO: INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Ordered 01/11/2011 Freight Page - 1 Date - 02/04/2011 Order Number 10001561 000 OP Branch/Plant 100 CITY OF LUBBOCK FLEET SERVICES 206 MUNICIPAL DRIVE LUBBOCK Texas 79403 Requested 03/18/2011 Taken By R FOLDER Delivery PER T GUZMAN REQ 36526 BUYBOARD NO, 284-08 DesSr ption/Supplier Item Ordered Unit Cost U_M Tufloc-Large SUV Unit 63.000 763.9500 EA TFL-36-009* FREIGHT 1.000 3,500.0000 EA Terms NET 15 DAYS Extension Request Date 48,128.85 03/18/2011 Total Order 3,500.00 03/18/2011 51,628.85 This purchase order encumbers funds in the amount of $51,628.85 for the purchase of sixty three Tufloc SUV Storage Containers, awarded on February 10, 2011, to G T Distributors, of Austin, TX. The following is incorporated into and made part of this purchase order by reference: Price quotation dated February 3, 2011 from G T Distributors, of Austin, TX, and BuyBoard contract # 284-08. Resolution # 2011—R0076 CITY OF LUBBOCK ATTEST: Tom artln, Mayor Rebe a Garza, City Secret ry TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: 1. SELLER TO PACKAGE GOODS. Seller will package goods at accordance with good corn mercial practice. Each shipping container shall be clearly and permmentdy marked as follows (a) Seller's nms and address, (b) Comeipmee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and tdel number of containers, mg. bait I of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shad bear cast of packagiag unless otherwise provided. Goods shall be suitably packed to secure lowed transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer's coast or weight shall be final and conclusive on shiixoaus not aocompanied by packing i sts. 2. SHIPMENT UNDER.RFMRVATIONPROHIBITED— Selakomadlmrlieedmshipitha goods under reservation and no tender of a bill of Lading will operate as a tender of goads, 3. TrrLE AND RISK OF LOSS. The title and risk of toss of the goods shall not pass to Buyer until Buyer actually receives and talus poshamim of the goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender ofdeliveryof gaoda must fatly comply with all provisions of thin contract a to time of ildivay, quality and die lika, If a tender Is made which does and fully coaf in. this shag constitute a breach and Sella shall not have site right to substitute a cmformmg tender, provided, where the time for performance has not yet expand, the Sella may reasonably ratify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward 5. iNVOTCES R PAYMENTS. s. Seller shall submit separate Invoices, in rhrplicate, one each purchase order or purchase release after each delivery. Invokes shall tntlicste the purchase ceder or purchase re11 number and the supply agdeenheat number if applicable. invoices shall be itemimd and transportation charges if any, shall be listed separately. A copy of the bill of fading, and the freight waybill when applicable, should be attached to the invoke. Mail To: Accounts Payable, City of Lubbock, P.O. Box M, Lubbock, Team 79457. Payrnem shall not be due until the above instruments we submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller. canod this contract without liability to Sella if it is detxmtaed by Buyer that gratuities, in the form of entaminnrnst gifts or otherwise, were offered or given by the Seiler, or my agent or representative of the Scher, to may officer or employee of the City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of each a contract. In the evert Baia cOetract is canceled by Buyer pursuant to this provirim, Buys shall be entitled, in addition to my other rights and remedim to recover or withhold the amount of the cost incurred by Seller in providing such gra 7. SPECIAL TOOLS k TEST EQUIPMENT. if die price staged m dea fete bereof includes the cast of any special tooling or special dos equipmea fabricead or required by Seller for the purpose of idling this odder, such special tooling equipment and any process sheds related thereto aha11 become the property of to Buyer and to the extent ftastble shall be fdemified by diva Seller as such. S. WARRANTY -PRICE. a. The price to be paid by die Buyer shall be that contained in Sekes bid which Seller wat— to be no higher than Seller's current process on orders by others for products of tee kind said specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. In the even Seller breathes this warranty, the prices of Bte items shah be reduced to the Seller's current prices on otters by others, or in the alternative. Buyer may cancel tlda mh.w t withmm liability to Seller for breach or Selkes aerial expense. b, The Sella warrants; that no person or selling agency has bon employed or retained to solicit or secure this contract upon an agreement or understanding for commizaieq pattntage. brokerage, or contingent foe excepting bona fide emplyces of lmtu fide established connaercial or selltng agencies maintained by die Sella for the purpose of secdmhng husmeea. For breach of vitiation of this warranty the Buyer shall have the right in a ddi ion to soy other right of rights to cancel this contract without liability end to deduct Thom the comtrsct price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shall not limit orexcfude any implied warmaties mad nay attenipt to do so shell render this contract voidable at the option of site Buyer. ScDw warrsnm that the goods fdunisled will conform to die spectffcatkat drawings, and descriptions lined in the bid invitation, and to the samples) fumisbW by the Seller, if any, In the evert of s conflict or between the specifications, draw ing, and descriptions, the specifieadosa shall govern. Notwithstanding any provisions contained in die contractual agreement, the Seller represents and was.. fault -Fire performance and fault -five tech in the processing dale and date related data (including, but cot limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contram indtvidusBy or in combination. as the case may be fiam Bic effective data of this Contract Also, the Seller warrants die yearM calculations will be recognized and accommodated and will not. in any way. result in hardware. software or firmware Whore. The City of Lubbock at its sole epticn, may require the Seller. at say that, to demonstrate the Procedures it intends to follow in order do comply with all this obligation contained betein. The obligation contained hoe m apply to products and savkw provided by tie Selitr, its sub-Seiier army thud party involved in the creation or dovelopmeat of the products and services to be delivered to the city of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may resufot in the City of Lubbock availing itself of ivy of its rights under the law and under this Contract ineludinll, but not limited to, its right pertaining to tammatlam or defaulL The waerandes contained bacm am separate and discrete firm any other warramtes spetifkd m Bois CuntraM and are act subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller's liability which may he specified in this Contact. its appendices. its schedules, its annexes or any document incorporated in this Contract by refae ce. III. SAFETY WARRANTY. Sella warrants that the product sold to the Buyer shall conform to the standards proawlpted by the U. S. Department of Labor tmda the Occupational Safely and Health Act of 1970. to the event die product don not conform to OSHA star dards, Buyir may return the product for correction or replacement at the Seller's expense. in the event Seller fails to nude: due appropriate correction within a reasott" time, correction made by Buyer will be at the Seller's expense_ i t. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS, An prat ofthis corset For sale Seller agrees to ascahin whether goods manufactured in accordance with the speciftcaions attached to this agreement will give rise to The rightf6l claim army third paw by wall of an@ingement of the It & Buyer shmiusis no waairmly, that ft production of goads according to the specification will not give rise to such a claim, and in no event shall Buyer be liable to Seller for indematficatim In the cvest that Seller is used on the grounds of infringemem of the Ida. If Seller is of the opinion that an infiaigerrnent or the lice will result he will notify the Buyer to this effber in writing within two weeks after the signing of this agreement If Buyer does nut receive notice and is subsequently held liable for else infringement or the like. Seger will save Buyer hermliew If Seller in good faith ascatnins the production of the goods in socerdanae with the specifications will result m infringement or tie likm the contract sheik be aull and void 17. RIGHT OF INSPECTION. Buyer shall have the right to iavpcct rho goods at delivery before erg thy. 13. CANCELLATION. Bum" have the right to canal for default all or my part of the undelivered portion of" order if Seller the schn may of the terms bei eof asclmding warratrties of Sella or if the Sella becomes Insolvent: a ceemum acts of bankruplry, Such right of cadceltmim is In addition to and not is Bea of my otter smeller which Buyer may have in law or equity. 14. TE itMIN ATiON. The pe farmmoca of work ruder this order may be terminated in whole, or itt putt by the Buyer in accordance with this pruvisdom. Termination of work baetmder shell be effected by the delivery of the Seller of a "Notice of Termination" s =*ing lie extent to which performance of work under the order Is terminated and the dote upon which such terminstioo becomes affective. Such right or tnrmiOmionn is w addition to and not in lien of the rights of Buyer art forth In Clause 13, bereia. 15. FORCE MAIEURE Neither party shall be held reapotsible for losses resulting if rho fulfillment of any tams of provisions of this contract is delayed or prevented by any cam not within the control of ate party whose pevformasi a is interfered with, turd which by the exercise of reasonable diligescae said party is unable to prevent. Ifs. ASSIGNMENT -DELEGATION, No rlgbt or Intern[ in this contract shall be assigned or delepdm of my obligation made by Seller wilhoat the written permission of the Buyer. Any attempted assigettrtmt or delegation by Seller shall be wholly void and totally ineffective for all ourpose unless trsde in conformity with this paragraph. 17. WAIVER. No claim or right raising out of a 6ntsnci of this contract can be diechmtged in whole or in pet by a waiver or renunciation of die claim or right umleis the waiver or reauaciatim is supported by consideration and is in writing signed by the aggrieved Ply. 18. INTERPRETATION -PAROLE EVIDENCE. This writing, pha any specifications for bids and performatwo provided by Buyer in Its adver isement for bids, and any other documents provided by Seller as part of his bid, is intended by Bta parties as a fiord etpegiom of their agreement and intended also as a complete and exclusive statement of site terms of their agreement. Whatever a tam defined by the Uniform Commercial Code Is used in this agreement, the defmitim contained in the Coda is to control, 19. APPLICABLE LAW. This agreement shall be governed by the Uniform Cohonnrcial Coda Where aver the term "Uniform Commercial Cade" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State ofTexas as effayive and in face on the date of this agpeetnemt 20. RIGHT TO ASSURANCE Whenever one party to this contract in good faith has reason to question the other pratg's tonal to perform he nary demand that the other pity give wr teen aasurmrce of his intent to per In the event that a demand is ran& and no assurance is given within five (5) days, the demanding party may near this failure as an antkipataay repudiation of the coaftwL 21, INDEMNIFICATION. Seller shall indetavify, keep and save harmless the Buyer. its agents, officials and "l yces, against all iniaries, deaths bar, damages, chdrus, patent claims, suits, liabilities, judiptieam casts and expenses, which may in anywise accrue ageing the Buyer in conscquence of the painting of this Contract or which any anywise eewh t emlimm, whether or not it shall be alleged or determined that the ad was caused through negligence or omfukm of the Seller or its employees, or of the subSella or assignee or its employed, if any, and the Sella shall, at his own expense, appear, dcknd mid pay all changes ofaminat s and all corm and other cxpeaves arising ttereBom of incurred in cormectim therewith, and, if any judgment shall be rendered against the Buyer in any such scion, the Seller shall, at in own expenses, satisfy and discharge the same Seller expressly understands and agrees flint any band required by this control, or ohtrwise provided by Sella, shall In ere way limit the responsibility to irhdesrmtfy, keep and save harmless arid defend the Buyer as herein provided. 22. TIME. It is hereby expressly agreed and understood that time is of the esvesee fa the perfmawhice of dw contract, and failre by contract to toed the time specification r of this agpeemmt will case Seller to be in default of this agreements 23. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contra entered We pursuant to this requcA minority and women business rnurpism will be afforded equal opportunities to subutit bids in response to this invitation and will not be discriminated against on the groutidis of race, cotor, sex or nahral origin in consideration for an owed Rev. 0812005