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HomeMy WebLinkAboutResolution - 2012-R0046 - PO - GT Distributors Inc.- Tufloc Storage Boxes - 01/26/2012Resolution No. 2012—ROO46 January 26, 2012 Item No. 5.19 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. 10004501 for the purchase of Tufloc storage boxes, by and between the City of Lubbock and GT Distributors, Inc. of Austin, Texas, 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. Passed by the City Council on January 26, 2012 TOM MARTIN, MAYOR ATTEST: , 0.0 - , '- — 3-K Reb cca Garza, City Secreta APPROVED AS TO CONTENT: Mark`YearvMod, Assistant City Manager Chief Information Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocsJRES.GT Distributors, Inc.-Purchase0rd January 6, 2012 101140* .1 lub DOty CK TIIAS TO: PURCHASE ORDER GT DISTRIBUTORS BOX 16080 AUSTIN Texas 78761 SHIP TO: Page - I Date - 01105/2012 Order Number 10004501 000 OP Branch/Plant 100 CITY OF LUBBOCK FLEET SERVICES 206 MUNICIPAL DRIVE LUBBOCK Texas 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2©00 LUBBOCK, TX 79457 BY: M A"Dirmtorfhasin &Contnet Mandgwmmt Ordered 01/05/2012 Freight Requested 03/26/2012 Taken By C ISAACS Delivery PER TREVINO M REQ 38596 BUYBOARD CONTRACT NO. 363-10 Description/Supplier Item Ordered Unit Cost _ UM Extension _ Request Date Tufloc-Large SUV Unit 50.000 763.9500 EA 38,197.50 03126/2012 Storage Boxes Freight Terms NET 15 DAYS 1.000 3,500.0000 EA 3,500.00 03/26/2012 Total Order 41,697.50 This purchase Order encumbers funds in the amount of $41,697.50 awarded to GT Distributors, Incorporated, of Austin, TX, on January 26, 2012. The following is incorporated into and made part of this purchase order by reference: Price quotation dated December 28, 2011 from Distributors, Incorporated, of Austin, TX and BuyBoard contract # 363-10. Resolution# 2012--80046 CITY OF LUBBOCK f1is�- Tom Martin, Mayor ATTEST: Rebe ca Garza, City Secretary TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LU86OCK, TEXAS Sailer and Buyer agree as foiows: 1. SELLER TO PACKAGE MOD& Seiler will package goods in accordance with good commercial praetla. Each shipping contains dud be clearly and permanently matted as follows (a) Seller's name and addeaa, (b) Consignee's name, address and purcbae order or purchase release number end the supply agreement number if wplicable, (c) Container number and total number of containers, e.g. boa I of 4 boxes, and (d) the number of the container bearing the packing slip. Sella shall bar coat of packaging uMew otherwise provided Goods shall be suitably packed to secure lowest transportation comb and to conform with requirerocats of common carriers and any applicable specificaioes Buyer's count Of weight skids be final and conclusive on shipments not accompanied, by packing lista 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not alldkwiud to ship the goods under reservation and no tender ora bill of lading will operate as a tender of goods. 3. TITLE AND RISK OF LOSS.. The rilk and risk of loss of the goods shill not pa to Buyer until Buyer actually receive and tdta possession of the goods Is the point or points of delivery. 4, NO REPLACEMENT OF DEFECTIVE TENDER.. Every tender of delivery of goods muse fully comply with all provision of this contract se to time of delivery, quality and the like. If a tends is made which does not fully conform, this skill constitute a breach and Seller shall not have the right to substitute a conforming tender, provider}. wham the time rot performance has not yet expired, the Sella may reasonably notify Buyer of his intention to cure mod may thea make a conforming tender within the contract nme but not afterward S. INVOICES A PAYMENTS. IL Seiler shall submit sepaate invoices, is duplicate. one each purchase order or purchase reimse after each delivery. Invoices shall iodinate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be it—i—d and tnnspons ion charges, if any, &hail 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 immumena are submitted &f a delivery. 6. GRATUITIES. The Buyer may, by written notice to the Sella, cancel this contract without 11"ity to Sella if it is determined by Buys that grpuide, in the form of catetsittlnen<, gifts or otherwise, was offered or given by the Sella, or say agent or representative ortho Sella, to any officer or employee of the City of Lubbock with a view to securing a contract Of securing favorable meamet with tepee to the awarding OF amending, err the makimg of any determination with respect to (be performing of such a contncL In the event Ibis cmtrw is canceled by Buyer pursuant to this provision, Buyer shd) be entitted, in addition to my other rights and remedies, to recover or withheld else amount of the cost ineuttai by Seller in providing such grauitica 7. SPECIAL TOOLS ATM EQUIPMENT. If tris price hated on the face hereof includes the cost of my spacial tooling or special tact equipment fabricated or requited by Seller for the purpose of Iillhrg this order, such special tooling equipment and sty procesa sbtea related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Sella a ash. g. WARRANTY -PRICE a. The price to be paid by the Buyer shall be alas contained in Seller's bid which Seiler warrants to be no highs than Seller's cams process on orders by others for produces of the kid and sp"iAeallm covered by this agreement for similar quanatis under similar of like condition and methods of purchase, to the even Sella breacbes this warranty, the price of the items shall be redscd to the Seller's current prices an orders by Others, or in the alternative. Buyer may cancel this coaled without RdJbiliry to Sella for breach of Seller's actual eapenma. b. The Sall r warrmats that Co. pason. w selling agency has been employed m retained to solicit or secures this contract upon in agteemem or undentmding for Commisaiaq percentage, brokerage, or contingent fn excepting bon ride employer of boom fide astsbliahad commercial or telling agencies maintained by the Seller for the pmpow of securing buaiwaa. For I or viclatirm of this wanes. the Buyer Wall have the right in addtion to my other right of rights. In cancel this commas without liability and to deduct from this, coon= price, of otherwise recover without liability and W doduct from the contract pike, or o(bawi&e recovor the full amort of such Commission, percentage, brokerage or contingent Toa 9. WARRANTY -PRODUCT. Sella abaft roe limb err exclude my impGd warranties and may attempt to do to skill tender this contract voidable a the option of the Buyer. Sella warnmer that the gook furnished will conform to the specification, drawings, and descriptions listed in the bid in,,smon, and to the sample(s) furl shd by the Seller, if any. Int the swat of ■ conflict m between the specifications, drawings, and descriptions.. the specification shall govern. Notwithic—A, any provisione contend is the contraction] agreement, the Sella represents and warme, fault -five paforrnmrcc and fauh-lyse resuh in the processing dam and data relaid data (ioehudisg, ben not fimined to calculs ing, competing and sequencing) of all hardware, softwa,are'���,a,wllynd, firmware products "veered and savics provided under this Contract. in lividor in cosnbidlicloa, r the cams may be from the effective data of this Contract. Alas, the Sellar wartime the ysa2000 calculations will be recrgnised mod accommodated and will nes, 'm any way, result is hatdware, software or firmware failure. Tata City of Lubbock, at is sok opdna, my require the Selka, at say time, m dmmomaaatt the procialars it intend, to follow is order 10 comply with d the obligation contained luaesr. The obligation Contained herein apply to produces sal services provided by tis Seiler, its sub4dder or any thud party, involved in the creation or devekpmad of the produces and service to be delivered to the City of Lubbock +mdar this Contract. Failun to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of try Of its rights ander the law and under this Contract including, but one limited to. its right pataimisg to termination or default. The warrantim contained be= ars septrue and discrere from May other warranties epeeifld int this Contract, and am nes subject to cry disciaimor of warranty, implied a expressed, or limitation of the Sella's liability which may be specified in this Contract, is appedices, its schedule, its amens or any document incorporated in this Contract by mferemce, 10. SAFETY WARRANTY. Sella warrians that the product told to the Buyer shill conform to the stndads promulgated by the U. S Deprmncm of labor under the Occupational Safety and Hedth Aa of 1970. In the event the product doe not conform to OSHA staedarde, Buyer may return the product for correction or mplac®eet at the Seiler's expense. In the mem Sella faits to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Sella 's apense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As pan of this cosmact for sale Seller agree to ascertain wheher goods mioufactued is acCradanee with the specifacaekom attached to this agreement will give rise to the rightful claim of say third person by way of infringement of the likes Buyer make no warranty that the production of goods according to the specification will not ,give roe to such s claim, and in no most sha4 Buyer be liable to Sella for indeFiaificat oa in the even that Sella is sued on the grounds of infiing, . of the like If Setla is of dean opinion that m infrioganem or the lilts will Fault. he will notify the Buyer to that effect in writing within two weeks after the signing of this agreement. if Buyer dos are receive notiam and is subsequently held liable For rhe infringement or the like. Seiler will save Buyer harmless. If Sella in good frith sacertaina the peaduaim of this goods is accordance with the sponfications will result in infringement "the like. da contract shall be null and void 12. RIGHT OF INSPECTION, Buyer "I have the right to inspect the goods at delivery before accepting them. 13. CANCELIaTiON. Buyer shill have the right to caned for default all or any part of the uodeivemd portion of this order if Seller breaches cry of due tams hereof including warranties of Seller or of the Feller becomes insolvent or colmite acts of bankruptcy. Such fight of cancellation is in addition to and not in lis of any other remedies which Buyer may have in law or equity. L4. TERMINATION. The performance of work Linda thin order may be tannieaed in whole, or in put by the Buyer in axordasat with thin prrnisioa. Termination of work hereunder shall be effected by the dehlvary of the Sella of a "Notice of Terminations specifying the extant to which pe fo mancer of work under Ike order is m minted and the date upon which such termination becomes effectiva Such right or termination is in addition to and not in lim of the rights of Buyer set forth in Clam 13, hattia. ]l. FORCE MAJEURIL Neither parry shall be held responsible for Iowa, resulting if the fuifiBmet of nay toms of provision of this contract is delayed or pim—ted by my cause not within the control of the parry whose performance is interfered with, and which by the exercise of reasonable diligence said parry is unable to prevent 16. ASSIGNMENT. DELEGATION. No right or interest in this contract shill be assigmd or delegation of any obligation made by Sella withote the written permiasiom of the Buyer. Any attempted assignment or delegation by Sella shall be wholly void and totally meffecni s for all purpose unless mada in conformity with this paragraph. 17. WAIVER. No claim or right rising out of a breach of this contract can be discharged in whole OF in pat by a wdvor or renunciation of the claim OF right amine the waiver or renunciation is supported by coozi I i and is is writing signed by the aggrieved pat.. III. INTERPRETATION -PAROLE BV IDEINCE This writing, plus any specifkatioos for bids and performanw provided by Buyer Isis advertisement For bids, and try other daearnecm Provided by Sella n pat of hies bid, is imended by the pestis as a And expression of their agreement and intended also n a complain and exclusive statement of the terms of their agreement Whenever a termdefined by the Uniform Commercial Code Is used in this agrremevs, die definition contained in the Code is to control - 19, APPLICABLE LAW. This gaeuneat shall be governed by the Uniform Commercial Code Where era the term "Uniform Commercial Code" is uae4 it shell be construed a marring the mn Uniform Commercial Code adopted in the Seas or Teas a efTecdve and in face on the date of this agrees 20, RIOHT TO ASSURANCE Whenever one party to this contrary in good faith has remains to qua8oa the other party's immt to palks he may demand that the other party give written assurance of him imam to perform. In the event that a demand is made ad no assurance is given within five (5) days, the demanding party may treat this failure a an anticipatory repadlsion of the coat aCL 21.. INDEMNIFICATION. Sella shall indemnify, keep and save harmless the Boyer, is agents, officish and employes, against all injuries, deaths, los, damages, claims, prem claims, suits, liabilities, judgments. cow and crpoes4 which stay in wywoe accrue again de Buyer in coseequatce of the granting or this Contract or which may anyw'w reardl. therefrom, whether or not it shall be alleged m Lktamined that the act sun caned through w0igeate of omission of the Sella or is employees, or of the it;, Sciler or assignee or is employees, if any, and the Sella shall, s his own expeama appy, defend and pay all charges of aaoroser and all cases and other "perces wing IhasAom of incurred in connection therewith, ae4 if any j udgmme shall be rendered agaimt the Buys in my such action, the Sella shat, a is own expense, smut and discharge the same Seller expressly undestsode and agree that may bond required by ds coetraa, of odawlss provided by Sella, shall in no way limit the responsibility to indeseify, kap and save barmlm and defend the Buyer as herein provided 22. TIME 11 is hereby expressly sgred and understood that taw is of the essence for the performance of this cassart, and filum by contact to mea the time specifications of this egrement will cause Seller to be in defmuh of this agrvemsL 23 MBE. The City of Lubbock hereby notifies all bidden that in regard to my contract entered into pursuant to this request, minority ed women business enterprims 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, sea or natural On& in Conldaatlen for an award Rev. 08/2005