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HomeMy WebLinkAboutResolution - 2009-R0172 - PO - Casco Industries - Municipal Fire Protection Hose - 04/27/2009Resolution No. 2009-80172 April 27, 2009 Item No. 5.21 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 and any associated documents by and between the City of Lubbock and Casco Industries of Shreveport, LA for purchase of municipal fire protection hose per ITB 09-035-RH, which Contract is attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 27th day of April , 2009. TOM MARTIN, MAYOR ATTEST: Reb ca Garza, City Secretary APPROVED A5_TO FORM: l J 1 Don Vandiver, ity At omey =-_� DDres/Casco 1ndustrics09conRes April 14, 2009 TO, 4 Y O URCHASE ORDER CASCO INDUSTRIES, INCORPORATED PO BOX 8007 SHREVEPORT LA 71148 Page 1 Date 4/08/09 Order No. 345802 000 OP Brn/Plt 3511 SHIP TO: CITY OF LUBBOCK CENTRAL FIRE STATION COMPLEX RAUL SALAZAR 1515 EAST URSULIN'E LUBBOCK TX 79401 INVOICE TO: CITU OF LUBBOCK ACCOUNTS PAYABLE P.O. BOY 2000 vovl U BBOC&TX 79457 BY: ------------------------------ Ordered 04/07/09 Freight - FOB Destination Frt Prepaid Requested - 04/07/09 Taken By - ROBIN HOLDER Delivery PER R SALAZAR REQ#32363 PER ITB# 09-035-RH Description / Supplier Ite Ordered UM -- Unit Cost ----------- UM -- - Extension Req- Dt - - Sections of ------------- 5.00" Fire Hose ----------- 43.000 EA 834.0000 EA 35,862.00 05/07/09 This purchase order encumbers funds in the amount of $35.862.00, for the purchase of Municipal Fire Hoses, awarded on April 27, 2009, to Casco Industries Incorporated, of Shreveport, Louisiana in accordance with Casco Industries Incorporated response to ITB# 09-034-RH. 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# 09-035-RH. Resolution# 2009--RO172 CITY OFLUBBOCK -- r"-- "e- —"-4— Tom Martin, Mayor ---------------------------------------- Terms NET 30 ATTEST: — Q -0j" -- J, Rebecch Garza, City Secretary Tota rder --------------- 35,862.00 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 Seller will package goods to accordance with good commercial practice Each shipping conte ser shall be clearly and permanently marked as follows gal Seller's name and address. ib) Consignee's name, address and purchase order or purchase release number and the supply agreement number ifapplicablt Cc) Container number and total number of, omainers, e.g. box I of 4 borvvs. and {df Iii number of the container beating the packing slip Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably piked to secure lowest transportation costs and to conform with requirements of common canters and any applicable specifications Buyers count in weight shall be final and conclusive on shipments not accompanied by packing lists. SIiIPNIEssT L'NDFR RkSER%i ATIO% PROHIBITEDSeller is not authonerd to ship the goods under reservation and no tender of a hill of lading will operate ata tender ofga ds 3 TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall oat pass to Buyer until Buyer actniii receives and takes possession of the goods at the point or points of dehverv. 4 NO REPLACEIJENT OF DEFECTIVE TENDER Every tender of delivery ofgoods most fully comply with all provisions of this contract as to use ul Jehuery, quality and the like. If a tender is made which dues not fully conform, flus shall constitute a breach avid Seller shall not have the right to substitute a conforming tender, provided, where the fine fm performance has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then make a c nformmg lender within the contract time but not afterward. 5. IN VOICES & PAYMENTS a. Seiler 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 invoicesshall he ncmnzed and iransponation charges. if any, shall be listed sepatrately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to the invoice Mail To Accounts Payable. C'try of Lubbock, P O Box '-000, Lubbock, Texas 79457 Payment Oral not he due until the above instruments are submitted alter delivery. 6, GRATUITIES_ The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is detcmnmed by Buyer that gratuities, m the form of entertanmer gals 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 contractor securing favorable treatment with respect to the awarding or amending, dee the making of any determinations with respect to the perfarming of such a contract. in the event this contract is canceled by Buyer pursuant to this provision. Buyer shall he 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 tribe price stated an 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 Boyer and to the extent feasible shal I be identified by the Seller as such. 8. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Sellers bid which Seller warrants to he no higher than Set Ier's current process on orders by trs others for produof the kind and specification covered by this agreement for similar quantities under similar of like eondmmns and methods of purchase In the event Solder breaches this warrant}, the prices of the iters shall be reduced to the Seller's current prices an orders by othem 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 mr selling agency has been employed or retained to when or secure this contract upon an agreement or understanding for commission- percentage, brokerage, our contingent fee excepting barna tide employees ufbona fide established commercial or willing agencies maintained by the Seller for the purpose of securing business Far breach of viciaton of rho warranty the Buyer shall have the right in addition to any other right of rights to cancel this contract witthm liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price. or othermse recover the full amount ofsuch commission, percentage. brokerage or contingent fee. v WARRANTY -PRODUCT Seller shall not limit or exclude any implied warranties and am attempt to do so :hall render this contract voidable at the option of the Buyer Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed n the bid invitation, and to the samplew furnished by the Seller, if" In the event of a conflict or between the specnf CAtIo s, drawnngs, and descnptiom, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement. the Seiler represents and warrants fault -free performance and fault -free result in the processing date and date related data lincludmg, bid not limned to calculating, comparing and sequencing) of all hardware. software and firmware products delivered and services provided under this Contract, mdn idually or in combination, as the case may be from the effective date of this Contract Also, the Seller wamams the year21700 calculations %sit be recognized and accommodated and will moa, in any way. result in hardware, software ar firmware failure. The Ciryof Lubbock, st n5 wii Option. ��wv iequori FTic Seltcr, a{ dor iirare., to Jernunslrate fire fnsaeJui ex id mtenJs kit follow in order to comply with all the obligations contained herein. The obligations contamed herein apply to products and services provided by the Seiler, its sub-Selter or any third party involved in the creation or desetopnent 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 die City of Lubbock avoiding nself orally of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. lice warranties contained herein arc separate and discrete From any other warranties specified in this Contract, and we not subject to anv disclaimer of warranty, implied or expres.,ed, or limitation ofthe Seller's liability which may he specified in Ihss Contract, is appendices. its schedules, ,tv annexes of any document incorporated in rhis Comtrael by reference. 10 SAFETY WARRANTY" Seller warrants that the product sold to the Buver shall conform to the standards promulgated Iry the L S Department of Labor under the Occupational Saf"eey 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 1 I NO WARRANTY" BY BUYER AGAINST INFRINGEMENTS As pear of this contract for sale Seller agrees to escertan whether goods manufactured in aceordame with the specifications attached to this agreement will give rise to the rightful clean brainy third person by way of mfnngement of the like Buyer makes no warranty that the production ofsti according to the specification will not give rise to such a claim, and in ru went shah Buyer he 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 mfnngemem 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 infnagemenl or the like, Seller writ save Buyer harmless If Seiler in good fanh ascertains the pmductinn of the scrods In accordance with the specdicatmts will result in infringement or the like, the contract shall be null and void. 17 RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at dehvery before accepting Ilan. 13. CANCELLATION Buyer shall have the r uht to conrel for drfanit all or Am pant of the undelivered portion of this order ti -Seller breaches any of the terms hereof rrcludurg warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy Such right of cancellation is to addition to and not in lieu of any other remedies which Buyer may have to law or equity. 14. TERMINATION. The performance or work under this order may be terminated in whole, or in pan IN the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Sti of a "Notice of Termination" specify ins the extent to which performance of work under the order is terminated and the date upon which such termtnauom 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 M.AJEURE. Neither paty shall he held respottibde for horses, resulting if the fulfillment ofam gems of provisions of this contract is delayed or pre%creed by .tin cause not Within the control of the party whose performance is i merfered with, and which by the exercise of reasonable diligence said party is unable to prevent. I h ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegaeum of any obligation made by Seller without the wntten pi r assioin 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 ening out are breech 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 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 tennis of their agreement. Whenever a term defined by the L'mform Commercial Code is used to this agreement, the definition contained in the Code is to control. 19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Where ever the term "Umfxin f'omrnercial Code' is used it shall be construed aii meaning the Uniform Cammeretal Code m adopted in the State of Texas as eftlective and in force on the date of this agreement. _0. RIGHT TO ASST. RANCE. Whenevrrom pant no rhis contract in gtrd faith has re,,i m to qu€stion the other party's intent to perform he may demand that the other party give written assurance of his untem to perform. In the event that a demand is made and ria ass arame 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 mfuries, deaths, loss, damages, claims, patent claims. suns, liabihues, judgments, costs and expenses, which may in arrywise accrue against the Buyer in consequence of the graining 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 is employees, or of the subScl ler or assignee or its employees, if any. and the Seller shall. at his own expense, appear, defend and pay aI I charges of attorneys and at I costs and ocher expenses arNinS therefrom of incurred in connection therewith, and. if artyjodgment strait be rendered against the Buyer in any such action,. the Seller shall, at its own expenses, satisfy and discharge the sane Seller expressly understands and agrees that any bond required N this contract, or olhervvise provided by Seiler, shall in no way limit the respurribiliry, to indemnify. keep and save harmless and defend the Royer as herein p-4,11 _- TIME It is heretry expressly agreed and underslued 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 he in defouit of this agreement J %IBE. The City of Lubbock hereby notifies all bidders that in regard Io any contract entered into pursuant to this request, minority and women busineat enterprises wdl be afforded equal opportunities leo submit hods in response to this invitation and will not be discnminmed against on the grounds of race, color, Sex or natural origin in consideration for an award Rcv. 08!2005