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HomeMy WebLinkAboutResolution - 2009-R0406 - PO - Nardis Inc.- Blauer Trouser - 09/24/2009Resolution No. 2009—RO406 September 24, 2009 Item No. 5.21 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Purchase Order No. 353448 for the purchase of Blauer trousers as per GSA Contract # GS07F-0596T, by and between the City of Lubbock and Nardis, Inc. of Kilgore, 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 this 24th day of September , 2009. TOM MARTIN, MAYOR ATTEST: Rebec Garza, City Secretary ED ASnTO CONTENT: Cooper, APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw/ccdocs/IES.Nardis, Inc.-PurchaseOrd September 9, 2009 To: ♦ Y 4 G A. Page U R C H A S E ORDER Date Order No Brn/Plt NARDIS INC 500 E MAIN ST KILGORE TX 75662 SHIP TO: - 1 9/08/09 353448 000 OP 3511 CITY OF LUBBOCK CENTRAL FIRE STATION COMPLEX RAUL SALAZAR 1515 EAST URSULINE INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2GOO 1XBBOCK, "I'X 79457 BY: �� 1 Ordered - 09/08/09 Freight - FOB Destination Frt Prepaid Requested - 09/24/09 Taken By - FELIX ORTA Delivery - PER R. SALAZAR REQ# 33382 GSA Contract# GS07F-0596T -------------------------------------------------------------------------------------- Description / Supplier Ite Ordered UM Unit Cost UM Extension Req. Dt --------------------------------------- ------------- ---------------------- - BLAUER TROUSERS MODEL#8215 1328.000 EA 41.6700 EA 55,337.76 10/23/09 This purchase order encumbers funds in the amount of $55,337.76, awarded on September 24, 2009, to Nardis Incorporated of Kilgore, Texas. The following is incorporated into and made part of this purchase order by reference: Price Quotation dated September 8, 2009, from Nardis Incorporated of Kilgore, Texas and GSA Contract GS07F-0596T. Resolution# 2009—RO406 CITY OF LUBBOCK ATTEST: Tom Martin, M� a © Rekecca Garza, City Secretary Total Order ------------------------------------------------------------------------------------- Terms NET 30 55,337.76 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 fat 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 eontamer hearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall he suitably packed to secure lowest transportation costs and to conform with requirements of common carvers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing h5b; 1 SHIPMENT LINDER RESERVATION PROHIBITED. Seller is nut authorized to ship the goods under reservahon 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• ofgoods most fully comply with all provisions of this contract as to time of delivery, qualnv and the like. Ira 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 lender within the contract time but not afienward. 5, INVOICES & P.AYMENTS. a. Sel ler shall submit separate invoices, in duplicate, cne each purchase ruder or purchase release after each delivery. Invoices shall indicate the purchase order ren purchase release number and the supply agreement number d' 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 alter delivery 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if rt is determined by Buyer that gratuities, in the form of entertatnment. 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 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. If the price stated on the face hereof includes the cost of airy special tooling or special test equipment I'abricated 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 he tdenh Fred by the Seller as such. S. WARRANTY -PRICE. a. The price to he paid by the Buyer shall be that contained in Seller's bid which Seller 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 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 ur Seller's actual expense. b The Seller warrants that no person or selling agency has been employed rr 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 ofsecunng business. For breach of vietati er of this warranty the Buyer shall have the right in addition to any other right of rights to cancel This contract wnhrm liability and to deduct from the contract price, or otherwise recover without [ability 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. Seller 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 Ora 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 fauit-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. Alia, the Seller warrants the year200(1 calculations will be recognized anti 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 invol+ed 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 itsel rof any rf its rights under the law and under this Contract including, but not limited to, its right pertaining to termination rr 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 am document mcorporated 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 Safeh 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 he at the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for We 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 by way ofmfnngement ofthe like Buyer makes no warranty that the production of boards 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 Soret 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 Pike, Seller will save Buyer harmless IF Seller in geoid 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 Q RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them. 13. CA NCELL.ATION. Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order If Seller breaches any ofthe terms hereof including warranties of Seller cur if the Seller becomes insolvent ur 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 may be terminated in whole, or in part by the Buyer in accordance with this provision. Termination of wurk hereunder shall be effected by the delivery of rhe 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 termmation becomes etfechve. Such right or termination is in addition to and not in lieu of the rights of Buyer set forth to Clause 13, herein. 15. FORCE MAJEURE Neither party shall be held responsible for tosses, resulting rf the fulfillment or any terms of provisions of this contract is delayed or preventedby any cause not within the control of the party 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 shall be assigned or delegation or 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. Nr 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 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 terms of their agreement. Whenever a term defined by the Umfar m 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 "Uniform Commercial Code" is used it shall be construed as meaning the Unf form Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 20. RIGHT TO ASSURANCE. Whenever one party to this contract in gond faith has reason to question the other pony'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 151 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, s tls- liabilities, judgments, costs and expenses, which may in arrywnse accnre 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 set was caused through negligence or omission of the Seller or Its employees, or ofthe subSeller or assignee or its employees. if anv. and the Seller shall, at his oven 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 shall lie rendered against the Buyer in any such action, the Seller shall, at as own expenses, sausfv 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 ?n. TIME It is hereby expressly agreed and undcriaood that time is of the essence for the performance of this contract, and failure by contract to meet the time specifications of Thus agreement wi I I cause Seller to be i n 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 he afforded equal opportunities to submit hills 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. 06/2005