HomeMy WebLinkAboutResolution - 2007-R0472 - PO - GT Distributors - Duty And Training Ammunition For LPD - 10_11_2007Resolution No. 2007—RO472
October ]tl, 2007
Item No. 5.25
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Purchase Order Contract by and between the
City of Lubbock and GT Distributors of Austin, Texas, for purchase of duty and training
ammunition for the Lubbock Police Department per Bid 07-074-MA, which Contract and
any associated documents, are attached hereto and made a part of this Resolution for all
intents and purposes.
Passed by the City Council this 1 ith day of October , 2007.
001,
DAVID A. MILLER, MAYOR
APPROVED ASTO FORM:
on Vandiver, Attorney of Counsel
DDres/GTdi stributorsPOcon07-2 Rcs
October 3, 2007
CITY OF LUBBOCK
Y
PURCHASE ORDER
TO:
GT DISTRIBUTORS
BOX 16080
AUSTIN TX 78761
Page 1
Date 10/02/07
Order No. - 318725 000 OP
Brn/Plt - 3511
SHIP TO:
CITY OF LUBBOCK POLICE ACADEMY
REESE CENTER
508 DAVIS DRIVE
LUBBOCK TX 79416
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
Ordered 10/02/07 Freight - FOB Destination Frt Prepaid
Requested - 12/28/07 Taken By MARTA ALVAREZ
Delivery - BID 07-074-MA DUTY & TRAINING AMMUNITION
Description / Supplier Ite
Federal .223 Caliber
Training Ammunition
Federal Premium .223 Calibe
Duty Ammunition
Federal .308 Caliber
Duty Ammunition
Ordered UM
85000.000 EA
23000.000 EA
7190.000 EA
Unit Cost UM Extension
.3390 EA 28,815.00
.5260 EA
7350 EA
12,098.00
5,284.65
Req. Dt
12/28/07
12/28/07
12/28/07
This purchase order encumbers funds in the amount of $46,197.65 for the purchase of Duty and Training Ammunition, awarded to GT Distributors
of Austin, Texas on October 11, 2007, in accordance with your response to BID 7-074-MA. 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 BID 07-074-MA.
Resolution# 2007—RO472 .
CITY OF LUB
David A. M' ler, Mayor
ATTEST:
C=" -Z' ,
Rebikea Garza, City Secretary
Total Order
-------------------------------------------------------------------------------------
Terms NET 30 46,197.65
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 in accordance with good
commercial practice. Each shipping container shall be clearly and permanently 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, (c) Container number
and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container
bearing the packing slip. Setter shall bear cost of packaging unless otherwise provided Goods
shall be 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, 11TLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer
until Buyer actually receives and takes possession of the goods at the point or points of
delivery.
4. NO RF.PL10EMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must
fully comply with all provisions of this contract as to time of delivery, quality and the like. [fit
tender is made which does not fully conform. this shall constitute a breach and Seller shall not
have the right to substitute a conforming tender, provided, where the time for performaatce has
not yet expired the Seller may reasonably notify Buyer of his intention to cure and may then
make a conforming tender within the commet 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. Invoices 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
Payable, City of Lubbock P. O. Box 2000, Lubbock, Texas 79457. Payment shall not be due
until the above instruments are submitted after delivery.
6. GRATUrTIFS. 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 entertainnant, 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
securing favorable treatment with respect to the awarding or amending, or the making of any
determinations with respect to the performing of such a contract. In the event this contract is
canceled 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 tr 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.
R. WARRANTY -PRICE.
a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller
warrants to be no higher than Seller's 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 purchase. In the event Seller breaches this warranty, the prices of
the itedns shall he reduced to the Seller's current prices oa orders by others, r in the
alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's
actualexpenne.
b, The Seller warrants that no person or selling agency has been employed or retained to
solicit or secure this contract upon an agreement or understanding for commission, 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 breach of vitiation ofthis 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 contract price, or
otherwise recover without liability and to deduct firm the contract price, or otherwise recover
the full amount of such commission, percentage, brokerage or contingent fee.
9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any
attempt to do so shalt tender this contract voidable at the option of the Buyer. Selber warrants
that the goods famished will conform to the specification, drawings, and descriptions listed in
the bid invitation, and to the samples) furnished by the Seller, if any. In the event of a conflict
or between the specifications, dirawirigs, and descriptions, the specifications shall govern.
Notwithstanding any provisions contained in the contractual agreement. the Seller represents
and warrants fault -free perfartnance and fault -free result in the processing date and date related
data I including, but not limited to calculating, comparing and sequencing) of all hardware,
software and firmwar- products delivered and services provided under this Contract,
mdivrdually or in combination, as the case troy be from the effective date of this Contract.
Also. the Seller warrants the year2000 calculanens will he recognaed and accommodated and
will not, in any way, result in hardware, ,ofwme or firmware failure. ilte City of Lubbock. at
its sole option, may require the Seller, at any time, to demonstrate the procedures it intends 10
follow in order to comply with all the obligations contained herein. the obligations contained
herein apply to products and services provided by The Seller, its sub-Selh:T or any third party
involved in the creation or developnnent 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, enay result in the City of Lubbock availing itself of any of its rights under the law and
under this Contract including, but not limited to, its right pertaining to termination or default.
Fhe warranties contained herein are 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 Seller's liability which may be specified in this Contract, its appendices, its
xhedules, 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 ofthis contract for
sale Seller agrees to ascertain whether goods manufactured in accordance with the
specifications attached to this agreement will give rise to the rightful claim of any third person
byway 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 no event shall Buyer be
liable to Seller for indemnification in the event that Seiler is sued on the grounds of
infringement 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. Seller 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 them.
13. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the
undelivered portion ofthis order if Seller breaches any of the terms hereof including warranties
of Seller or if the Setter 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 tray be 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 becomes effective. Such right or termination is in addition to and not in lieu of the
rigints of Buyer set forth in Clause 13, herein,
15. FORCE MAIEURE. Neither party shall be held responsible for losses, resulting if the
fulfillment of any terms of provisions ofthis concert is delayed or prevented by any cause not
within the control of the parry whose performance is interfered with, and which by the exercise
of reasonable diligence said party is unable to prevent
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 delega kart by Seller shall be wholly void and totally ineffective for all
purpose unless made an 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 renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and is in writing signed by the aggrieved petty.
l g. INTERPRETATION•PAROLE EVIDENCE. This writing, plus any specifcatio.s for bids and
performance provided by Buyer in its advertisement for lids, 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 de Coed by the Vniform Commercial Cate is used in this
agreement, the definition contained in the Code is to ctrntrol.
19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code.
Where ever the term "Uniform Commercial Cold' is used, it shall be construed as meaning the
Uniform Commercial Code as adopted in the State of Texas as effective and in force on the
date ofthis agreement.
20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to
question the other parry's intent to perform he may demand that the other party give written
assurance of hie intent to perform In the event that a demand is made, and no assurance is
given within five 15) 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 Buya, its agents,
officials and employm, against all injtuim deatha, loss, damages. claims, patent claims, suits,
liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in
consequence of the (panting 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 omission
of the Sella or its employees, or of the subSeller or assignee or its employees, if any, and the
Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all costs
and other expenses arising therefrom of incurred in connection therewith, and if any judgment
,hall be rendered against the Buyer in any such action, the Seller shall at its own expenses,
,alisfy and discharge the same Seiler expressly understands and agrees that any bond required
by this contract, or otherwise provided by Seller, shall in no way limit the respuosibility to
indemnify. keep and save harmless and defend the Buyer as herein provided
2. 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 ofthis
agreement will cause Seller to be in default of this agreement.
2_3. VIBE. The City of Lubbock hereby notifies all bid&-m that in regard to any contract entered
into pursuant to this request, inini my and women business enterprises will be afforded equal
opportemities to submit bids in response to this invitation and will not be discriminated against
on the grounds of race, color, sex or natural origin in consideration for an award
Rev. 08/2005
TO:
Y O
1
I URCHAS E ORDER
GT DISTRIBUTORS
BOX 16080
AUSTIN TX 78761
Page 1
Date 7/24/09
Order No. - 350969 000 OP
Brn/Plt 3511
SHIP TO:
CITY OF LUBBOCK POLICE ACADEMY
REESE CENTER
508 DAVIS DRIVE
LUBBOCK TX 79416
INVOICE TM CIT1 OF LUBBOCK
A('('Ol 'ITS PA1 %HLL
P.O. BOX 21100
LLBROCK. T\ 79457 BY:
- -------- ....... - --- ----------- --- ---- --
Ordered 07/24/09 Freight - FOB Destination Frt Prep id ----------------- --------
Requested 07/24/09 Taken By - FELIX ORTA
Delivery PER S. MENDOZA RE4# 33163 BID# 07-074-MA
--------------------------------------------------------------------------------------
Description / Supplier Ite
FEDERAL .223 CAL TRNG
AMMUNITION
FEDERAL PREMIUM .223 CAL
AMMUNITION
Ordered UM
72000.000 EA
16000.000 EA
Unit Cost UM Extension Req. Dt
.3390 EA 24,408.00 01/22/10
.5260 EA 8,416.00 01/22/10
This purchase order encumbers funds in the amount of $32,824 for a bid awarded to GT Distributors of Austin,
Texas, on October 11, 2007, in accordance with Resolution No. 2007-R0472. The following are incorporated into
and made part of this purchase order by letter of ratification or Resolution No. 2007-R0472.
CITY O'`LU
F LUBBOCK ATTEST:
Tom Martin, Mayor Rebe a Garza, City Secretary
Total Order
----------------------------- -------------------------------------------------------
Terms NET 15 DAYS 32,824.00
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Buyer agree as follows:
t SI I LI R "1 [1 PA( K kil GOODS Seller N%ill pacl _ood, uu accordmicc with oss]
convncrci al practice Late J,;, rig c+mTatter hill I+o clear]% ant ix nnanenl!v marked as
fbllowt sal Selier-, name and aJJras,. (li) Coti name. uddres, and prrchase Order III
purchmit, release olaul er and d" suit pl% aarcc•nttnt nnrnher rfapp I,cable. it I Cun(,imei nurnlr
and total nun, ber oaf Tin aancrs. e g Ni,, I of 4 t—e,. u,J I J I the mmn€Ier of the a,nt•uner
rearm. the packing shp Seller ,Ball bear cast of packiiii unless otherwise provided Goods
,hall hr ,mtahh pa,ked to ,eculc kme,t nan,ponauuu crnl, and to c •nt„no 0 reclwrerl
of contmora carrinfs and ant applicable sptvi4atu,ris Huller', wool ur wnuht ;hall rie final
aril conclus ,re on shipments nil accompanied bt packing iron
Skill N IF L'NDFR RI SI RN 1TI(dN PROH1BI r1 1) Sider i, nil ,u.rthon red tP ,fill' the
11-11 aoJer re;cn align and nit tender of a 6tlt if Iadmg -I operate a., a tender 0 g•xd,
3 TIT1.F AND RISK OF LOSS The title and risk of Ines nrthe goods shall not Pass to Buver
urn: ] Iluccr achtally rcce,,e, and takes pO,ses,lon Ol the g -d' -u the p,nrl iI pmnh al
Jch, en
.I NO RFPL No%it is"r OF DI f I CTI VF TI NDI R Ill tender of deli en of soots mien
I illy c,mtply 11:Ih all pow isinrs of tills onmlra a as to rime of dchten, goaho and the like If a
tender Is made w hlch does not fully confirm. Ibis shall cuns6rime a breach find Seller skull nut
ha%e Ibe right it, %uhstitote a cornli,rmme lender, l ided. ,%here the lime Cor perfomiance has
not vet—Vired. life Set der may reasonably Iron fv Buycir ul"his mfall to are and may then
make a conforntme tender within the sontrac't tittle but not aft—ard
i INVOR'LS&PA1'ME.NTS
a Seller shall submit separate in%orces, In daph cafe. line each purchase order or purchase
relvii after each delivery In%orces shall indicate the purchase order or purchase release
number stud the supply agreement number if applicable Invitees shall be itemized and
Iransrxlrtation charges. if am , shall he €isled separately A copy off the hill of ladng, and the
frri wavhdl when applicable, should bealtaclned to flit in%oice Mad Tn Accounts
Pa%al ( av of Lubhuck. P 0 Bos '_Iif+f1, I,ubrs,li 'revs 70457 Paymenl ,hall trial he due
onfil rile ubive nutrumems are sulinmled allerdelrcer)
6 GR ATIIITIFS Flit Hover may, by written notice In the Seller. cancel Ihr contract without
lnbrhty to Seller off is determined by Buyer that gratuities, in the form of emenammenl, gJis
or olhenvrse, were offered or given by the Seller, fir any agent or representative of the Seller, ❑,
wry oil cc, or arop€nvoe If the Crh' of Lubbock 1112 vmNv to stealing a ciulract or securing
Fd%,"ahte tieahrxil ..Ill respect lit rite awardneg or amending. it the makmp of anv
determinations with respect to the pen arming ol'such a conlracl In the event abu contract is
canceled try Buver pursuant to this provi.,ron, Buyer :hall he entitled, in addition to anv sillier
rights and remvdirs, to recover or withhold the snmum of the cost incurred by Seller tit
providing such grainiares.
7 SPLCIALT[wh_SRTEST LOUIPMhNT Ifthe price stated tin the facehereifincludesthe
cost of any special tooling or special lest equipment I'ahncated or required by Seller for the
purptrse or Filing this order, such special tooling equipment and any process sheets related
thereto shall hccim is the property of the Buycr and to the extent feasible shall be identified by
the Seller as such
h u ARRANTN--PRI('F.
A The price to Ise pail by the Dover shall he that contained in Seller's bid Mlich Seller
warrants to be no higher than Seder's current pn,cess on olden by others for product, of the
kind and specrficahon covered M• Ili; agreement fir •imilar quantities under similar of like
conchoons and methods of purchase hi flit etent Seller hrcachn, Ihr warranty. file prices ,d
rile iterns ,hall be reduced m [he Seller", curer prices tin order% by uthen, fir in the
alternative Rover nmv cancel this contract w,thuul liahtlmty lit Seller For breach of Seller's
actual rq,enve .
b The Scher wartaml that no person or sepmg ,ls;enc% has been employed or relmncd to solicit
secure this cunlra%n upon an agreement or understanding for cornmis,iun, percentage.
brokerage, or cunnnµenl fee excepting horn tide emplovees of hona fide established
.onnnercial or selling agencies maintained by the Sillier for the purpose of secunnu husmeav
I'or breach of , irmtion of this wan -ants. the Buyer %haTI ha%e the right in addm,m to anv other
right of nuhrs to cancel this cxmtmel wrthoal liability and to deduct front the contract price, or
,aben%r,e recover without hal and to decor] from the contract pace. it otherwise recover
the lull anuwni o1 such commission. percentage, Inokeraue Or coinlin enl lie
rt WARR 1NTY-PROM CT Seller ,hall nol limit or exclude anv Implied Nxarranl,cs and anv
attempt ro do ,o ;hall render Ili i% contract Ivdable At the ipunn of the Buyer Seller warrants
that the goods limmnhed wd! c.nifonn it, the specification, Jrawma. and Jescrt one hied in
the hid n%naain.and la be +.j I'lel,l turnm;heJ by the Seller. if anv In the etem ora conflict
Or belween the spotificanons, drawings, and descriptions, [he specifcal,ons shall go,era
Nut- ih,lamJlog eat pratisums contaneJ in the :—iraaual agretrrrl the Seller represents
and wartards I:mlt-free pod -lion nee .and Lmlr-free result in the price;,mg date and date related
Ell f mauling hot not hmlled ti calcutal comparing and seyuentmi;l of all harJ,%are,
,uti-uc and f m:warc product, Jehr ered and son Ices phut rded under this Contract,
.r JR.Jaell% or In con hmannn. - the case ni,G bs• from the effectr+c dale of tilt, Contract
]tins the Seller %Narrants the %eark(XXI calculanun, will l recognized acid o, commmLnted mid
„ill nil, In arc ,%aN, result In hardware. ,otkwarr or f:rni—ac tallllrr the ('.I, of l-.bhoek, at
It, "Ile npl„ li nhay require the Seder. at if unit 10 Jt4110TWI ale the pnicedurc, it intends III
}bllnu :n order to comp] with all the obi I,aru i, —,named herein 7`hr ihhgau ors cnnLuneJ
herein apph to pmdaets and ,en ices pros ided by the Sel lei, its sub-tieller or an% th IrJ pan%
m, olN ed . n the er canon or Jt+c•4ispment of Ibe pr+,Jucis ,mJ son:m hi be SrLNerrJ w the CnN
of Lubh+tck under Ibis Contract Future to conipl, wish am if [he ohhguuuns cunlai rleJ
been. maN result in the Crh of l-ubbock a%alr erg itself of an% of its right, under the law and
ur.Jer ill+, l'Onuacr Ind tiding hill anted lit. rt, ri.hl pcnainmg fit terms nahun ur Jet;wh
1'lie warranles cunlaincd herein are sepaune miJ di,crete front arty other warranties specil.eJ
in this Cuntracl and are nil ;uhrecf to an% di,AI met Of %oarcarq. Inifilied it axprcssed, or
!in- t rlo.,n ofrhe `1elief". hal uPteh,nu, he spe,i(-,d'n li (-inrlill 11, aplrndice, n,
,che,lules, it, •tnnexcs ❑r ,ulv d—I"]lent :ocorporoed Ili this L ,ml hN reference
I-, S lE I I N %% LRK NN'I'N' Seller o arl.mn. That the p-duel ,old nI the flu", %II.IIt c+xl IIrnn fa
the slanderds prOmuI e,lted I,% the L S Dry, arimrnt of Lalxhr under the OreupaI ImaI ;;Mety and
Fed II!i Nct of I'+70 In the event the pe.IJucI Jr ie, nut coif lrm to OSH 1 .tm,dal I1oIy er u,as
return the pruJuct For correction or ieplacenwill it the Sipe+ , expenx• In Ilse went Seller
fait, n+ make the appropriate _orectxnl w ithu+ a rea-Iiahle nine. c—canon made by BOxer
will },cat the Seller's expense
NfI lA' itRRIENTV Hl' [it l l R NCININSl IM RING1 Nil NTS it, pan nfthl, contract fin
sale Seller agrees to aicertalil whether goods manufactured Ili accordance wmh the
speciFcatiarn anached to Ihi%.wreemenl will dive rise Ii the nuhtfui claim of am third person
lit oat ,cant?inuen,rnt of the like Hiner trial no %,arrant% that Ihr piodocl or, of el—L
aceordit to the specification ,,It nut gi,t rise to such a ddlol. aril m ni Clem shall Buyer tie
liable 1D S011er for andemni icabon in the event that Seller issued on the grounds of
infnngcmcnt other 1d.v IrSeller 1, fihr nprruin that n w1frineement nr Ihr Ill result.
he ,,If noW-I the Moyer to lhu cPi In wrdin!! "thin Iwo week, after the srvrunI: if the,
igreenere If Iluccr Jov nil irtie„e nonce and is sub,eque,ii held hahlc for fie
infnnlzemern it the like, Seller well save Buyer harmless If .Seller in glNod tinth :wcenains the
production of the goods in accordance w pill the specifications will result on mtnngenteut of the
like, the cumracl shall be nun and void
I" RIGW 01 INSPI C'TION Buyershah hate [he nghr to rnspecr the good, it Jcb,cn hefure
acccptmµ them
13 C'ANCFLLATION Buyer shall ha%c the right to cancel For default all or any pan of the
undelivered portion of this order if Seller breaches any of the terms hereof Including warranties
of Setter or if the Seller becomes msolN'ent ur commits acts of bankmplcy Such right or
cancellation is In addition to and not in lieu of m v other remecises which Buver may have in
law or equo
14 TFRMINATION The peribrmance ot°work under this order may be terminated in whole, or tin
pan l the Buyer in accordance with this pra"I stun ILernunatiin irwork hereunJer shall he
effected by the Jelival, ofill Selter if a "Notice of Termination",pticd}ung the extent to
which performance of"work under the Order is ler mated and lite date upon which such
termination becomes effectrve Such rich%or larnataaon is in addition to mid not ,n lieu of the
rights Of Buyer set forth in Clause 13, herein
19 FORC•I M MEI'RL Neither party ,hall he held responsible for losses, resulting d`the
fidbllment of any terms of proviswm of this contract is delayed or prevented by anv cause Tint
within the control of the park whose perfr,rmance is interfered with, and which M the exercise
of reasunande diligence said party is unable to prevent
lit ASSIGNMFN'T-DLLEG ATION No right or interest in this contract shall be assigned or
delegation ofaap obligation made by Seller without the written permission of the Buyer Anv
attempted assignment or delertanOn by Seller shall he wholly void and totally ineffective fi,r all
purpose unless made in conformity with this paragraph
17 W'AIV ER No claim or right arising out of a breach of this contract can be discharged in whale
or in l by a waiver or renunciation of the claim or right unless the coal ver nr renunciation I%
supported by cnusrdemhnn and rs in vvrrlrng srµned by' the aggrieved party
19 INTI Ill T.ATION-PAROLE. 14'IDENC L This writing, plus anv sitificatiuns for hlJs and
pertisrrnnnce pro, ided by Buyer in its advertisement for hid,, and anv other dtrcirntems
provided by Seller as pan of his hid, is intended by the partrrs as a final expression of their
agreement and intended also as a complete and exrlusne statement of ile leans of thcla
agreement Whenever a lerm delnod by the l ndormt Commercial ('ode is used in this
agreement, the del initroit contained in the Code Is to control
I it APPLIC ABLI, LAW I his agreement shall he 901 al by the t mParin C'Ommercial Code
W here ever the tern, "t lnlfurm C'unimesctit Code- is used, tt shall be cons rued as mean nu the
Um form Cornnnercial Code as adopted in the State of Texas as effini and in for ee on the
dale of this agreement.
'u KM0- TO ASSI RAV('I. Nl hene,xi-one part, to this cuntiacl In tie, id limn till reason to
queshmn the other pdfh'-% intent to perform he may demand [hat the other party &ve wmtten
assurance of intent in perform In the event that a demand is made and no assurance is
gr,en ,uthm five 15) day,, the demanding pare may treat this failure as an anticipatory
repudiation of line contract
_t INDFMNIFIC'ATION Seller shall Indemmly, keep mid,a,re hannlesx [he Ill i1, agents.
ollic,al.; and crnpl,.Nec%, against all injuries. deaths. Joss, d•mrages, claims. patent claims. suns,
handltln. judgments. costs and expenses. which may in •inv,vrse accrue against the Buver in
consequence of the craning of this Contract or which may anywise result F nrekont, „hether
or roil it ;hail be alleged or determined that the act was caused thhough negligence or onri
of the Seller or Its emplorer:s, or of the sabSeller or .us:gnre or Its empdovees. if irl Ind the
Seller ;hall. at his own a%plensr. appear, defend and fray all charges of anome%s and Lill costs
and other expenses ari,mc Iherel tit' uxurr ld III connechin ihUOI,1111. and, If am ludarnem
,Dail he rendered agan,l the Buyer in anN wch action- [he Seller shall :it it., own eNprnse,.
,fins', and d,,eharce the same Seller exr by undersl and agrees that any Mind rtquireJ
III Ihi, conl it alhenNiae pro,IdeJ hN Seller. ilia]] I• if,, ,av limit the resprn;Ihdtw to
IndemncR . keep and save herrn]ess and defend the But tr ,e, herein prn:ded
TIME It , hereb% express!% agreed and ondentox,J that time is of Ilse e„ence tie the
Nrti,rntance of the, contract. and lailure h% ontract to meet the time spcaficat:on, of [his
agreement will cause Seller lit be .a default ofilii agreement
'3 MBE The Cm if Lubbock hereby mridies all hrdders that rii regard Tit anv c,sntuca entered
gnu pur,oant to this requesl, mmoray and —Enc. bu,racss en[erpn,es 'I'll he attic eJ e,,•-ial
oppuinmliln to submit hlds In response to this m,-%anon and wIII not he Ji%eri,E,,LirJ .1 .irmr
,Ili if race, color, ,ex or natural Onein tit consideration for an a%%ard
Rat kx,'2017
city 0f
Lubbock
TEXAS
TO:
PURCHASE ORDER
GT DISTRIBUTORS
BOX 16080
AUSTIN Texas 78761
Page - 1
Date - 07/09/2010
Order Number 10000389 000 OP
Branch/Plant 5713
SHIP TO: CITY OF LUBBOCK POLICE ACADEMY
REESE CENTER
508 DAVIS DRIVE
LUBBOCK Texas 79416
INVOICE TO: CITY OF LUBBOCK
ACCO[INTS PAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
Ordered 07/09/2010 Freight
Requested 07/09/2010 Taken By
Deliver
,v PER L CHAPA RE(135180 ITB 07-074-MA
Description/Supplier Item Ordered UM
FEDERAL .223 CAL TRNG 82,000,000 EA
AMMUNITION (X193)
FEDERAL PREMIUM .223 DUTY 20,000.000 EA
AMMUNITION (T223E)
Terns NET 15 DAYS
Unit Cost UM
.3390 EA
.5260 EA
Total Order
R HOLDER
Extension _ Request Date
27,798.00 07/09/2010
10,520.00 07/09/2010
38,318.00
This purchase order encumbers funds in the amount of $38,318, for a bid awarded to G T Distributors of Austin,
Texas, on October 11, 2007, in accordance with Resolution No. 2007-R0472. The following are incorporated into
and made part of this purchase order by letter of ratification or Resolution No. 2007-R0472.
CITY BOCK
Floyd Price, Mayor Pro Tetra
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 in accordance with good
commercial practice. Each shipping container shall be clearly and permanently 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, (c) 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 cost of packaging unless otherwise provided. Goods
shall be 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 pass to Buyer
until Buyer actually receives and takes possession of the goods at the point or points of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must
fully comply withal] provisions of this contract as to time of delivery, quality and the like. Ifa
tender is made which does not fully conform, this shall constitute a breach and Seller shall not
have the right to substitute a conforming tender, provided, where the time for performance has
not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then
make 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. Invoices 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
Payable, City of Lubbock, P. O. Box 2000, Lubbock. Texas 79457. Payment shall not be 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 entertainment, 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
securing favorable treatment with respect to the awarding or amending, or the making of any
determinations with respect to the performing of such a contract. In the event this contract is
canceled 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 shall be that contained in Seller's bid which Seller
warrants to be no higher than Seller's current process on orders by others for products of the
kind and specification covered by this agreement for similar quantities trader 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.
b. The Seller warrants that no person or selling agency has been employed or retained to
solicit or secure this contract upon an agreement or understanding for eormnission, 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 breach 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 contract 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 or exclude any implied warranties and any
attempt to do so shall render this contract voidable at the option of the Buyer. Seger warrants
that the goods famished 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, the Seller represents
and warrants fault -free performance and fault -free result in the processing date and date related
data (including, but not limited to calculating, comparing and sequencing) of all hardware,
software and firmware products delivered and services provided under this Contract,
individually or in combination, as the case may be from the effective date of this Contract.
Also, the Seller warrants the year20o0 calculations will be recognized and accommodated and
will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at
its sole option, may require the Seller, at any time, to demonstrate the procedures it intends to
follow in order to comply with all the obligations contained herein. 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 under the law and
under this Contract including, but not limited to, its right pertaining to termination or default.
The warranties contained herein are 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 Seller's liability which may be specified in this Contract, 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 rightful claim of any third person
byway 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 claitn, and in no event shall Buyer be
liable to Seller for indemnification in the event that Seller is sued on the grounds of
infringement 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. Seller 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.
t 2. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before
accepting them.
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 terms hereof including warranties
of Seller or if the Seller becomes insolvent or cormnits 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 may be 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 tennimated 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 forth in Clause 13, herein.
15. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the
fulfillment of any terms of provisions of this contract is delayed or prevented by any cause not
within the control of the party whose performance is interfered with, and which by the exercise
of reasonable diligence said party is unable to prevent.
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 pan by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and is in writing signed by the aggrieved party.
18, 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 terns 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 control.
l9. 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 Code as adopted in the State of Texas as effective and in force on the
date ofthis agreement.
10, RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to
question the other party's intent to perform he may demand that the other party give written
assurance of his intent to perform. In the event that a demand is made and 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 employees, against all injuries, deaths, 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 omission
of the Seller or its employees, or of the subSeller or assignee or its employees, if any, and the
Seller shall, at his own expense, appear, defend and pay all charges of attomeys and all 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 any 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 herein 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, sex or natural origin in consideration for an award.
Rev. 08/2005