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HomeMy WebLinkAboutResolution - 2000-R0301 - PO - Floyd County Farm & Ranch - Prefabricated Livestock Panels - 08/24/2000Resolution No. 2000—R0301 August 24, 2000 Item No. 58 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 #00-185 to furnish pre -fabricated livestock panels, by and between the City of Lubbock and Floyd County Farm & Ranch, 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 August , 2000, Wi*DY SIT O , _X OR ATTEST: Kaythl Darnell, City Secretary] APPROVED AS TO CONTENT: Victor Kilman, Purchasing Manager APPROVED AS TO FORM: Linda Chamales, Supervising Attorney/Office Practice gs/ccdocs/FurchOrd-FloydCountyFami&Ranch. res August 4, 2000 TO: 1 4* � � I City of Lubbock U R C H A S E 0 R D E R FLOYD COUNTY FARM & RANCH PO BOX 1161 LOCKNEY TX 79241 Page - 1 Date 8/30/00 Order No. - 185467-000 OP Brn/Plt 3511 SHIP TO: CITY OF LUBBOCK LAND APPLICATION SITE 1/2 MILE EAST OF LOOP 289 ON SOUTH SIDE OF 19TH STREET LUBBOCK TX 79404 Description / Supplier Item --------------------------- 16' PRE -FABRICATED LIVESTOCK PANELS 16' PRE -FABRICATED LIVESTOCK PANELS 16' PRE -FABRICATED LIVESTOCK PANELS 10' PRE -FABRICATED LIVESTOCK PANELS Ordered UM Unit Cost UM Extension Req. Dt 168.000 EA 65.0000 EA 10,920.00 10/30/00 240.000 EA 65.0000 EA 15,600.00 10/30/00 16.000 EA 65.0000 EA 1,040.00 10/30/00 96.000 EA 46.5000 EA 4,464.00 10/30/00 This purchase order encumbers funds in the amount of $32,024 for a bid awarded to Floyd County Farm & Ranch of Lockney, Texas on August 24, 2000 (Resolution #2000-R0301) in accordance with your response to ITB #00-185, Pre -fabricated Livestock Panels. The following are incorporated into and made part of this purcha a order by reference: bid submitted by your fir i luding the Bid Form; Specifications, and General Conditions of ITB #OOA85. 41&.0 K ATT dL . ndy Sitton, Ma Kaylbe Darnel , ity Secretary b:fl APPROV D AS TO FORM: I I -- �`'"'-' V Total Order William de Haas, Competition and Contracts Manager/Attorney - - ------------------------------------ Terms 1.5 10/NET 30 32,024.00 TERMS AND CONDITIONS IMPORTANT. READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCKa 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. 0) Consibmce'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 cf4 boxes, and (d) the numberof the container bearing the packing slip. Seller shall bear cost ofpackaging unless otherwise provided. Goods shalt be suitably packed to secure lowest transportation costs and to eonfann with tequirnnents orcom on carriers and any applicable specifications. Buyer's count err weight shall be final and conclusive on shipments not accompanied by packing lista. Z SHIPMENT UNDER RESERVATION PROHIBITED. Scllcr 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 lisle and risk of lou 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 must fully comply with all provisions of this contact as to time of delivery, quality and the like. If a tender is nude which dots not Tally conform, this shall constitute a breach and Seller "I 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 orhis intention to cure and may then make a conforming tender within the contract time but not afterward. 3. INVOICES do 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 die bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. 0. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer nuy, by written notice to the Seller, cancel this contract without liability to Seller if it is detenuined by Buyer that gratuities, in the fort ofentemainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any offers 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 orsuch 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 dh. TEST EQUIPMENT. If the price stated on the face hereof includes die cost of any special rooting or spacial test equipment fabricated or required by Seller for the purpose or 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. 1L WARR1uNTY-PRICE. a. The price to be paid by the Buyer sh211 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 went 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 nay cancel this contract without liability to Seller for breach or Stller s actual expense. b. The Seller warrants that no person or seltixg 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 conuuercial or selling agencies nuintained by the Seller for the purpose of securing business. rot breach of vicianion orthis waranty the Buyer shall have the right in addition to any other tight of rights to eaneel this contract without liability and to deduct from die 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 ancnhpi to do so shall 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 its chs bid invitation, and to the santple(s) furnished by the Seller, if any. in the event of s 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 perfortance and fault -free result its the processing date and date related data (including, but not limited to calculating, comparing and sequencing) oral] hardware, software and fi nsware produces delivered and services provided under this Contract, individually or in combination, as the cue may be from the effective date of this Contract Also, the Seller warrants the year2oDo calculations will be recognized and wo maodated and will not. in any way, result in hardware, software or ftmtware 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 herc(n. The obligations contained herein apply to products and services provided by the Seller, its sub -Seller or any thud 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 eomaintd herein arc separate and discrete from any otter warranties specified in this Contract, and arc not subject to any disclaimer of warranty, implied or expressed, or limitation ofthe Seller's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by refeserce. 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 GJURCW EMCOND.DOC may rerun the product for correction or replacement at the Seller's expense. in the event Seller fails to nuke 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 foe $ale Seller agrees to ascertain whether goods nunufactured in accordance with the specifications attached to this agreement will Bits rise to the rightful claim Drafty third person byway of infringement of the like. Buyer nukes no warranty that the production orgoods 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 Seller is sued on the grounds of infringement of the like. If Seller is of the opinion that an infringement or the like will resulu be will notify the Buyer to this effect in writing within two weeks alter the sigfting of this agreCtnent. If Buyer does not receive notice and is subsequently held liable for the Infringement or the like, Seller will save Buyer harmless. ITSeller 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. IZ RIGHT OF INSPECTION. Buyer shall haver 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 ifSeller breaches any of the terms hereof including warmiks ofScller or ifthe Seller 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 nay be tennimattd in whole, or in part by the Buyer in accordance with this provision. Tcmdriation of work hereunder shall be effected by the delivery ofthe Seller of a "Notice orTenmination" specifying lice extent t] which performance of work under the order is tenuinated and the date upon which such tenninadon bccatncs effective. Such right or termination is in addition to and not in lieu of the rights of ouyer set forth in Clause 13, herein. 15. FORCE MAIEURE. Neither party shall be held responsible for losses, resulting irthe fulfillment ofany tern orprovisions orchis contract is delayed or prevented by any cause not within the control of the party whose perforunce 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 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 uheffective for 411 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 part by a waiver or renunciation orthe claim or right unless lite waiver Of renunciation is supported by consideration and is in writing signed by the aggrieved party. Ig. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other docunsents provided by Seller as part of his bid, is intended by die parties as a final expression ordseir agreement and intended also as a complete and exclusive statement ofahe teras oftheu agreement. 1Vhencver a term defined by lite Unironn Commercial Code is used in this agreement. the definition contained in the Code is to control. 19. APPLICABLE LAW. This agreement shall be gavemed by the L'nifonn ContnmereiA Code. Where ever the tern "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Comnmercial Code as adopted in the State of Texas as efrcctivc and in force on tie. due 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 the other party give written assurance of bis intent to perform. In the event that a demand is trade and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation ofahe contract 21. INDEMNIFICATION. Seller shall indcnmify, keep and save hamdess the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages. claihns. pattm chits, suits. liabilities, judgnmenu. costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting ofthis Contract or which nuy anywise result therefrom, whetter 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 anomeys 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 anion, 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 hamdess and defend the Buyer as herein provided. 22. TIME. It is hereby expressly agreed and understood dut time is of the essence for the performance ofthis contract, and failure by contract to nest the time specifications orchis agreement will cause Seller to be in default ofthis agreetnent. 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-