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HomeMy WebLinkAboutResolution - 2000-R0377 - PO - Spectrum Corporation - Softball Scoreboards - 10/12/2000Resolution No. 2000-R0377 October 12, 2000 Item No. 57 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, a Purchase Order per Bid #00-208 to furnish softball scoreboards, by and between the City of Lubbock and Spectrum Corporation, 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 12th day of October , 2000. WiNDY s#TUOR APPROVED AS TO CONTENT: G fo &.- Victor Kilman,AUrchasing Manager APPROVED AS TO FORM: William de Haas, Competition and Contract Manager/Attorney gs/ccdocs/PurchOrd-spectrum Corp. Res October 4, 2000 Y O a 1 City of Lubbock PURCHASE ORDER TO: SPECTRUM CORPORATION PO BOX 750456 HOUSTON TX 77275 0456 Resolution No. 2000-RO377 Page 1 Date 10/13/00 Order No. 188606-000 OP Brn/Plt 3511 SHIP TO: CITY OF LUBBOCK MUNICIPAL SQUARE BUILDING ATTN IVETTE EARS PARKS/REC 916 TEXAS AVE LUBBOCK TX 79401 Description / Supplier Item Ordered UM Unit Cost UM Extension Req. Dt ------------------------------------------ -- ----------- Spectrum Model 4510 6.000 EA 4,666.6800 EA 28,000.08 11/17/00 Softball Scoreboards This purchase order encumbers funds in the amount of $28,000.08 for a bid awarded Spectrum Corporation of Houston, Texas on October 12, 2000 in accordance with your response to,,#00-208, Softbcoreboards. The following are incorporated into and made part of this purchase order by rjekrence: bid submitted by your ro iryclu id Form; Specifications, a#d General Conditivs of ITB #00-206. WD WIrNIUM ATTET: j; Sitton, May& Kaythie Dptiell, City Secretary APPROVED S TO FORM: Wi iam de Haas, Competition and Contracts ManageriAttorney -------------------------------------------------------------------- Terms NET 30 Total Order ----------------- 28,000.08 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDmoNS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: 1. SELLER TO PACKAGE GOODS. Seller will package roods 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 agreCmsat number if applicable, (e) Container number and total number of containers, e.g. box I of s 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 essnfarm with requirements of common carriers and any applicable specifications. Buyer's count of weight shall be rival 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 ofthe goods shall not pass to Buya 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 ofdelivery of goods must fully comply with all provisions of this contract as to time of dclivYry, quality and the like. II a 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. S. INVOICES & PAYMENTS. a. Seller shall submit separate invoices. in duplicate, one each purchase order of purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number ifapplicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy ofthe bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock.?. 0. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after delivery. b. GRATUITIES. The Buyer may. by written notice to the Seller, cancel this contract without liability to Seller if it is detcnnintd by Buyer that Vacuities. in the form ofentenainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative ofthe Seller, to any officer or employee ofthe City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the nuking of any determinations with respect to the performing of such a contract. to 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 ofthe cost incurred by Seller in Providing such gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stared on the face hereof includes the cost ofany special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooting equipment and any process sheets related thereto shall become the property ofthe Buyer and to the extent feasible shall be identified by die Seller as such. B. 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 s iecificaiian 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 nuy 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 commission. percentage. brokerage, or contingent fee excepting bona ride employees ofbona fide established commercial or selling agencies maintained by the Se11ei for the purpose ofsecuring business. For breach of vitiation of this warranty the Buyer shall have the right in addition to any other right ofrighu to cancel this contract without liability and to deduct front the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such comuvission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do to shall reader this contract voidable at the option of the Buyer. Seller warrants Slur the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the santple(s) famished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and dtsCriptions, the specifications shall tovem. Notwithstanding any provisions contained in the convacrual agreement, the Seller represents and warrants fault -free performance and fault -free result in the processing date and date ry luted data (including, but not limited to calculating, comparing and sequencing) ofall hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the ase maybe from dee effective date of this Contract. Also, the Seller warrants the year2000 calculations will be recognized and accommodated and will not, in any way, result in hardware, soltwarc ar firmware failure. The City of Lubbock at its sok 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 arc 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 of 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 G.PURCHrf ERAICOND.DOC may return the product for correction of replacement at the Seller's expense. In the event Scaler fails to nuke the appropriate correction within a reasonable time, comction made by Buyer will be at else Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINC,EMENTS. As pan ofthis contract far sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications artached 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 indcmniriation 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 ibis ageement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like. Seller will save Buyer hanuless. If Seller in good faith ascertains dee production of the goods in accordance with the specifications will result in infringetneat or the file, the contract shall be null and void. 12 RIGHT OF INSPECTION. Buyer 9=11 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 ofthe undelivered portion of [Tris order if Seller breaches any ofthe [emu hercaf including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such tight of cancellation is in addition to and not in lieu of any other remedies wh ich Buyer may have in Law or equity. 14. TERMINATION. The performance of work under this order nuy be temlhuted in whole. x in part by the Buyer in accordance with this provision. Tcrmunation of work hereunder shalt be effected by the delivery ofthe Seller of a "Notice of Tcmtinalion" specifying the extent ra which performance of work under die order is tenninarrd and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of dee rights orBuyer set forth in Clause 13, herein. 15. FORCE MAiEURE Neither party shall be held responsible for tosses. resulting irthe futfmllmeni ofany [emu of provisions of this contract is delayed or prevented by any cause not within the control ofthe party wbose perfomuncc is interfered with, and which by 11e exercise ofreasonable diligence said party is unable to prcvtnL I6. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation ofany obligation made by Seller without the written percussion of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally urcffcctive for all purpose unless nude in conformity with this paragraph. 17. WAIVER No claim or right arising out ora breach of this contract can be discharged in whole or in parr by a waiver or renunciation or the claim or right unless the waiver or renunciation is supported by consideration and is in,,riling signed by the aggrieved party. 19. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specificasions 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 dic icons of itieir agreement. Whenever a tem[ defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 19. APPLICABLE LAW. This agreement shall be governed by the Unironn Commercial Code. %'here ever the tern "Unifonn Commercial Cads" is used, it shall be construed as rccarting the Uniform Conmmcrcial Code as adopted in the State of Texas as efrcciive and in force on the date of this agreement 20. 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 dee other party give written assurance of his intent to perfonn. In the evenl that a denund is made and no assurance is given within five (S) days, the demanding party may treat this failure as an anticipatory repudiation ofthe contract. 21. INDEMNIFICATION. Seller shall indemnify, keep and save harmdcss the Buyer, its agents. officials and employees, against all injuries, deaths. loss. damages, claims, patent claims, suits, tiabiliiies, judgments, costs and expenses, which may in anywise accrue against die 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 art was caused through negligence or omission ofthe Seller or its employees, or of the subSeller or assignee or its employees. if any, and etre Seller shall, at his own expense, appear, defend and pay all charges of altomeys and all costs and other expenses arising therefrom ofincurred in connection therewith, and, if any judgment Shall be tendered against the Buyer in any such action, the Seller shall, at its own expenses, satisfy and discharge the same Seller expressly understands and s,grets that any bond required by this txmtract, or otherwise provided by Sella, shall in no way limit the responsibility to indemalfy, keep and save harmless and defend the Buyer as herein provided. 22. TIME. It is hereby expressly agreed and understood that time is ofthe essence for the performance of this contract, and failure by contract to meet the time speciric-atians 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 discrinminatcd agairm on the grounds of race, color, sex or natural origin in consideration for an award.