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HomeMy WebLinkAboutResolution - 2007-R0247 - PO - Tee Mark Corporation - Explosion Proof Aerosol Can And Pail Crusher - 06_14_2007Resolution No. 2007—RO247 June 14, 2007 Item No. 5.22 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 a Purchase Order Contract and any associated documents with Tee Mark Corporation of Aitkin, Minnesota, for purchase of an explosion proof aerosol can and pail crusher per ITB #07-044-FO, which Purchase Order Contract and any associated documents are attached hereto as Exhibit A and made a part hereof for all intents and purposes. Passed by the City Council this 14th day of June , 2007. oe DAVID A. MILLER, MAYOR ATTEST: a Garza, City Secretary �: APPRO O AS TO CONTENT: games Loomis Assi'nt City Manager/Transportation and Public Works APPROVED AS TO FORM: G. i�'i Li'�S' Don Vandiver, Attorney of Counsel DDres/TeeM arkPOcon07 Res June 5, 2007 "Exhibit A" CITY OF LUBBOCK PURCHASE ORDER T0: TEE MARK CORPORATION 1132 AIR PARK DRIVE AITKIN MN 56431 Page - 1 Date - 6/04/07 Order No. - 312213 000 OP Brn/Plt - 3511 SHIP TO: CITY OF LUBBOCK SANITATION DEPARTMENT 208 MUNICIPAL DRIVE LUBBOCK TX 79403 INVOICE TO: CM OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000�a�i LUBBOCK, TX 79457 BY: ------------ -......----------------------------------------- 1v--------------------- Ordered - 06/01/07 Freight - FOB Destination Frt Prepaid Requested - 06/01/07 Taken By - FELIX ORTA Delivery - BID 07-044-FO -------------------------------------------------------------------------------------- Description / Supplier Ite Ordered UM Unit Cost UM Extension Req. Dt --------------------------------------- ------------- ---------------------- . TEE MARK CAN AND AEROSOL 1.000 EA 25,007.0000 EA 25,007.00 07/23/07 CRUSHER M/N SUPER 6PJ-VC This purchase order encumbers funds in the amount of $25,007.00, the purchase of 1 Explosion Proof Aerosol, Can and Pail Crusher, awarded to Tee Mark Corporation of Aitkin, MN on June 14, 2007 in accordance with your response to ITB#07-044-FO, Explosion Proof Aerosol, Can and Pail Crusher. The following is incorporated into and made part of this purchase order by reference: Bid submitted by your firm including the Bid Form, Specifications, and General Conditions of ITB# 07-044-FO. Resolution# 2007—RO247 _ C��I--T--Y OF LUB © K ATTEST: David A. Miller, Mayor Re cca Garza, City Secretary APPROVED AS ORM: t A stant ity amey Total Order ------------------------------------------------------------------------------------- Terms NET 30 25,007.00 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. Sella will package goods in accordance with goad corrmmrcial practice. Each shipping container shall be clearly and pemnmently marked a follows (a) Seller's nano and address. (b) Consignee's mane, address and purchase order or purchase release number and the supply agreement number if applicabhe, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container beating the packing slip. Seller shall bearcost of paging unless otherwise provided- Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common tamers and airy applicable specifications, Buyer's count or weight shall be Mal and conclusive an shipments not accompanied by packing liar. 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 reorder of goods. 3. TTTLE AND RISK OF LOSS. The title and risk of lop of the goods shall not pass to Buyer until Brayer actually receives and takes possession of tie goods at the point or pofrxs of delivery. 4, NO REPLACEMENT OF DEFECTIVE TENDER. Every anda of delivery of goods most fully comply with all provisions of this contract as to time of delivery, quality and the like. If ■ tender is made which does not frilly cnfamh, tie shad constitute a beach and Sella shall to have the right to arbsttute a conforming tender, provided, where to time fir perfnimmcc has not yes expired, to Sel for may reasons* notify Buya of his imenbon to cue and may than make a conforming tender within the contract time but not aflawad. 5. INVOICES & PAYMENTS. s. Seller mall submit separale invoices. In duplicate, one each purchase order or pluchms , release after each delivery. Invoices scat inddew the Purchase: mesa or purchase teleasa number and the supply agreement number if applicable. invoices shall he itemised and umoporoa m charges, if arty, shah be lined separately. A copy of the bill of lading, and the freight wa*U when sipplic able, deald be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. O. Box 2000. Lubbodt, Tara 79457. Payment shell oot be due until the above instruments ate submitted after delivery. 6. GRATUITIES. The Buyer may, by written notes to the Sella, cancel this contract without liability to Seiler if it is determined by Buyer that gratuities, in the farm of aseslaft mod, gifis or otherwise, were ofraed or given by the Seller. or my agent or representative of die Sella, to any officer or employee of the City of Lubbock with a view to securing a contract or securing favorable treatment with respect to doe awarding or amending, or don making of any determinations with respect to the perfuming of mch it contract Tm ton event this contract is canceled by Buyer pnustraru to this provision, Buyer shall be entitled, in addition to any other rights and rammciies, to recover or withhold the amount of the cent incurred by Sella in providing such gntuides 7. SPECIAL TOOLS & TEST EQUIPMENT. if the price staked on the face hereof includes the cost of" special tooling or special tea equipment fabricated or required by Seller for the purpose of filling this order. such special tooling equipment and my process sheabi related therero shalt become the property of the Buy=ad to the extent feasible shall be identified by the Sellers such. g. WARRANTY -PRICE. s. The price to be paid by the Buyer shall be that contained in Seller's bid which Sella warrants to be no higher than Sellers current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purcham in the event Seller brewlies this warranty, ton prices of the items shall be reduced to the Seller's current prices on onden by others, or in the alternative. Buyer say, caned this contract without liability to Sella for breach a Seller's actual expanse. b. The Salter watnela die rA person or selling agency has Mon ampkiyed or retained to sdidt or sactate this comma upon an agraernant or andaaasding for commussu q parcentoe. brokerage, or contingent fee excepting bum fide employees of bona fide established commoncial or selling agencies mahaaired by the Seller fen the purpose of sectairng business. For breech of vldation of this warranty the Buys shall hot the right in addition to my other right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to debar from the contract price, or otherwise recover the full armmt of such commission, percentage, brokerage or contingent fee 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and my attempt to do so shall reader this contract voidable at the option of the Buyer. Seller warrants that the goods fumidhed will conform 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 descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, ton Sella represents and warrants fault-froe performance and fatdt-free result in the processing date and date related dam (including, but not limited to calculating, conTaning and sequencing) of all hardware, sofir r end firmware products delivered and services provided under this Contract, individually or in combination,. as the case may be Rum the effective dma of this Contract, Also, the Seller warrens the year2000 calculations will be necogedwd and accommodated and wilt not, in any way, result in hardware. software or Firmware failise. The City of Lubbock, at its soft option, may require de Sella, at my time, to demonstrate the procedures it Wends to follow in order to comply with all the obligations contained herein. The obligations contained herein apply to products and services provided by the Sella, is soh -Seller or any third putty involved in the creation or development of the products and services to be delivered to the City of Lubbock order this Contract. Failure to comply with any of the obligations contained herein, may taut in the City of Lubbock availing itself of any of is rights under the law and under this Contract including, but not lim ittd to. is right pertaining to tamitadon or default. The warranties contained herein act separate and discrce from my other warranties specifted in this Contract, and am not subject to any disclaima of werminty, implied or expressed, or limitation of the Seller's liability which may be specified in this Contrnct, its appendices, its schedule, is annexes or any document imcorponad in this Contract by reference. to, SAFETY WARRANTY. Sella warrants that the product add to the Buyer shall conform to the standards prommulgaled by don U. S. Depatttnt:nt of Labor under the Occupational Safety and Health Act of 1970. In the event the product does net conform to OSHA standards, Buys may retire tam product for correction or replacemai at the Sellers expepe. in the event Srdka f tils to male the appropriate correction within a reasonable time, correction nude by Brayer will be at the Seller's expam 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agree to ascertain whether goads ttamtfecnned to accordance with the specifications attached to this agneen chit will give rise to the rightful claim of any third peon byway of infringement of the like. Buyer makes no warranty that the production of goods according to the specificarion will riot give rise to such a claim, and in no event shall Buyer be liable to Sella for indemnification in the event that Sella is sued on the grounds of infringement of the like. 1f Seller is of the opinion that an infringement or the like will rosu 14 he will notify the Buyer to this effect in writing within two weeks after the along of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Sella will save Buyer iarmlow If Sella in good faith ascertains the production of the goods in sccordance 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 die goods at delivery before accepting ono 13. CANCELLATION. Buyer shall have the right to cancel for default all or my parr of the undelivered portion of this order if Sella broaches any of the it. heroof including warranties of Shcar a if the Scikr bomoms insolvem ermnanits acts of bmknq*cy. Sudh right of cancellation is in addition to and not in lieu of h»ry other remedies which Buyer may have in Law or egdry. 14. TERMINATION. The pafomanoe of work ruder this order may be terminaed 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 Sella of s "Notice of Tenninstiwmf specifying to extent to which performance of wort under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buyer set froth in Clause 13, heroin. 13. FORCE MAJEURE Neither parry shad be held responsible for losses, resulting if tine fhlfillmtent of any tame of provisions of this contract is delayed or prevented by my cause not within the control of ilm petty whom petforminnee is inearfsred with, said which by the exercise of mamnnable diligence said party fs unable to prevent. 16. ASSIGNMENT -DELEGATION. No right or interest in this contract shad be assigned or delegation of sny obligation made by Sella witbout the wriaen permission of the Buyer. Any attempted assignment or delegation by Seiler shall be wholly void and totally ineffective for all purpose hmlear made in conformity with this p wmgngk 17. WAiVER. No claim or right arising out of a breach of this contract can be discharged in whole or in pat by a waiver or tmmtncistdn of the claim or right unkm the waiver or renunciation is supported by comalaadon and is in writing signed by the aggrieved conk• 19. INTERPRETATION -PAROLE EVIDENCE This writing, plus my specifiratiaas forbids and performance provided by Buyer in its advertisement for bids, and any other documents Provided by Sella as pert of bis bid, is intended by the parties as a final expression of their agreement and intended also as a mete and exclusive s atrnmrt ofthe terrns of their agreement Whenever a tam defined by the Uniform Commercial Cock is used in this agraerrnen4 the definition contalnod in the Code is to control. 19. APPLICABLE LAW. This agroommit shad be governed by the Uniform Commercial Code. Where era the term "Uniform Commercial C.ab" is used, it shalt be construed as meaning the Uniform Commercial Coda as adopted in the State of Texas as effective sad in force on the daft of this agreement 20. RIGHT TO ASSURANCE. Whmncwer one party to this contract in good faith has reason to question the tether patty's intent to perform he msy demand tha the other party give written asehrancm of his immt toperform. In the evem dtnt a dmrwd is made and ono asm moo is given within five (5) days, the demanding patty may tent this Silos as an arakipahtry repudiation of die contract. 21. iNDEMNDTCATiON. Seller shall indemnify, keep and save harndess the Buyer, its &gent, officials and employees, againd at injuries, death% loss, danmges, claims, pant clainrts, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which my anywise result therefrom, whether or not it shall be alleged or determined [lust the act was caused through negligence or emission of the Sella or its employes, or of the subSellar or assigpne or is employers, if any, and the Seller shall, at his own expense; appear, defend and pay all charges of amnays and ad costa and otherexperaes arising therefrom of inured in connection therewith, ad, ifamyr judgment shall be rcoder ed agaiat de Buyer in my such action, the Seiler slag, at Its own expense, satisfy and discharge the same Sella expressly understands and agras that pay bond required by this contrack or otherwise provided by Seiler, shall in no way Limit the responsibility to indemnify. keep and save harmless and defend the Buyeras herein provider!. 22. TIME. It is hereby expressly agreed and understood the time is of the es once for the pafmnnmm of this contract, and failure by contract to meet the time specifications of this agramerm will cause Seller to be in default of this agreement. 23. MBE. The City of Lubbock hereby notifies all bidder that in regard to any, o n et entered into per musat to this request, minority and women business enterprises will be slfarded equal opportunitiesm submit bids in respoiae to this levitation and will no be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award. Rev. 08/2005