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HomeMy WebLinkAboutResolution - 2012-R0251 - PO - Cisco Equipment - Forklifts - 06_21_2012Resolution No. 2012—RO251 June 21, 2012 Item No. 5.11 RESOLUTION BE 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 execute for and on behalf of the City of Lubbock, Purchase Order No. 31010671 for the purchase of forklifts as per ITB 12-10645-RH, by and between the City of Lubbock and Cisco Equipment, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. assed by the City Council on June 21, 2012 ATTEST: u �J'lc Rebe ca Garza, City Sccreta APPROVED AS TO C Scott Snider, Assistant City Manager Community Services APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vwxedocs/RES.Cisco Equipment-PurchaseOrd June 5, 2012 city of 4' lubbkk TEXAS TO: PURCHASE ORDER CISCO EQUIPMENT OF LUBBOCK 2707 E. SLATON ROAD LUBBOCK Texas 79404 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 Ordered 06/04/2012 Freight Requested 10/26/2012 Taken By Delivery PER M TREVINO REQ 38878 SHIP TO: BY ITB 12-10645-RH Page - 1 Date - 06/06/2012 Order Number 31010671 000 OP Branch/Plant 3526 CITY OF LUBBOCK FLEET SERVICES 206 MUNICIPAL DRIVE LUBBOCK Texas 79403 R HOLDER Descript on/Supplier Item Ordered Unit Cost UM Extension Request Date Clark Forklift 1.000 24,274.6700 EA 24,274.67 10/26/2012 Clark Forklift 1.000 24,274.6700 EA 24,274.67 10/26/2012 Total Order 'terms NET 30 48,549.34 This purchase order encumbers funds in the amount of $48,549.34, for the purchase of vehicles awarded on June 21, 2012 to Cisco Equipment, of Lubbock, Texas in accordance with Cisco Equipment's response to ITB# 12-10645-11H. The following is incorporated into and made part of this purchase order by reference: Bid Submitted by your firm in response to City of Lubbock ITB# 12-10645-11H. Resolution# 2012—RO251 CITY OF LUBBOCK Gle obe so , ayor ATTEST: A 6 -105 e--4-0 a ",,& Rebecc Garza, City Secretary L� TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: 1. SELLER 1'0 PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanealy marked as follows (a) Seller's name and address, (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (e) Container number and total number of containers, e.g. box I of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cast of packaging unless otherwise provided Goods shall he suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pan to Buyer until Buyer actually receives and takes possession of the goods at the paint or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply with all provisions of this contact as to time of delivery, quality and the likes If a tender is made which does non fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tauter, provided, where the time for performanee has not yet expued, the Seller may reasonably notify Bayer of his intention to cure and may then Crake a conforming tender within the contract time but not afterward 5. INVOICES & PAYMENTS. a. Seller shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. hhvoicxs shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail To: Accounts Psynble, City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457. Paymeat shall not he due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainnum% gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view to securing a contract or occurring favorable treatment with respect to the awarding or amending, or the nuking of any determinations with respect to the performing of such a contract. In the event this contract is canceler! by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 8. WARRANTY -PRICE. a. The price to be paid by the Buyer shalt be that contained in Seller's bid which Seller warrants to be no higher than Seller's current process on orders by otters for products of the kind and specification covered by this agreement for simitar quantities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. In. The Seiler warrants that no person or selling agency has been employed or retained to solieil or secure this contract upon an agreement or understanding for corranission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breech of vitiation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this contract without liability and to deduct from the eor tract 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 of limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will confirm to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by the Seller, if any. in the event of a conflict or between the specifications, drawings, and description, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -Gee performance and fault -free result in the processing date and date related data (mcluding, but not limited to calculating, compering and sequencing) of d1 hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective slate of this Contract. The obligations contained herein apply to products and services provided by the Seller, its sub - Seller or any third party involved in the creation or development 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 result in the City of Lubbock availing itself of any of its rights order the law and under this Contract including, but of limited to, its right pertaining to termination or default. The warranties contained herein art separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Sella's liability which may be specified in this Contras, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U. S. Department of labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. 11, NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightfud claim of any third person by way of infringement of the like. Buyer makes no warranty that the production of goods according to the specification will not give rise to such a claim, and In ao event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of inf ngeraeal of the like. If Seller is of the opinion that an infringement or the like will result, he will notify the Buyer to this effect in writing within two weeks after the signing of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Sella will save Buyer harmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in Infringement or the like, the contract shall be null and void 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting than 13. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terns hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 14. TERMINATION. The performance of work under this order maybe terminated in whole, or in part by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination bacconeseffective. Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause 13, herein, 15. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terns of provisions of this contract is delayed or prevented by any cause no within the control of the party whose performance is interfused with, and which by the exercise of ttasomable diligence said party is unable to prevcnL 16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. 17, WAIVER No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or reaunciatiun of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 19. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as part of his bid, is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to conhal. 19, APPLICABLE LAW, This agreement shall be governed by the Uniform Commercial Code. Where ever the term "Uniform Commercial Code" is used. it shall be construed as meaning the Uniform Commercial Codc as adopted in the State of Texas as effective and in force on the date of this agreement. 20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other potty's intent to perform he may demand that the other patty give written assurance of his intact to perform. In the event that a demand is made aid no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 21. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and —ploy—, against all injumiea, dcsths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or otmission of the Seller or its employees, or of the subSeller or assignee or its ernpkyees, if any, and the Seller shill, at his own expense, appear, defend and pay all charges of attorneys and a0 costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses, satisfy and discharge the same Seller expressly understands and agrees that soy bond required by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as haein provided. 22. TIME. It is hereby expressly agreed and understood that time is of the essence for the performance of this contract, and failure by contract to meet the time specifications of this agreement will cause Seller to be in default of this agreement 23. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sat or natural origin in consideration for an award. 24. NON -ARBITRATION. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall no be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein am cumulative and not exclusive, and may be exercised concurrently. To the indent of any conflict between this provision and anotherprovision in, or related to, this document, this provision shall control. 25. RIGHT TO AUDIT. At any time during the term of the contact, or thereaffa, the City, or a duly authorized audit representative of the City or the State of Tnxa, a%its expense and at reasonable times, reserves the right to audit Contractor's records and bgoks relevant to all services provided to the City under this Contract In the event such an audit by the City reveals any errors or ovapaymenta by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, et its ription, reserves the right to deduct such amounts owing the City from any payments due Contractor.. Rev. 02l2012