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HomeMy WebLinkAboutResolution - 2000-R0300 - PO - Richardson Seed Inc. - Triticale Seeds - 08/24/2000Resolution No. 2000-80300 August 24, 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 #00-184 to furnish Triticale seeds, by and between the City of Lubbock and Richardson Seed, Inc., 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 ATTEST: day of August , 2000. PM MIA 6 i or4i6; e -R K-ayV& Darnell, City Secretary Lj E). "� APPROVED AS TO CONTENT: Victor Kilman, Pur hasing Manager APPROVED AS TO FORM: _ 4 14----z- William de Haas, Contract Administration gs/ccdocs/PurchOrd-Richardson Seeds,Inc.res August 8, 2000 City of Lubbock URCHASE0RDER T0: RICHARDSON SEEDS INC 3908 NORTH FRANKFORD LUBBOCK TX 79416 Page - 1 Date - 8/29/00 Order No. - 185448-000 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 --------------- Ordered - 08/29/00 Freight - FOB Destination Frt Prepaid Requested - 09/08/00 Placed By - LAURA RITCHIE (806)775.2163 Special Ins ATTN: JEFF WILSON REFERENCE ITB #00-184 ----------•------------------------------------------------•----- ............ -- Description / Supplier Item Ordered ........................... ............... TRITICALE WINTER VARIETY 150000.000 SEED TYPE: TRIT #1 BLEND 50% TALLMAN (RUSSIAN AFPHID RESISTANT) 25% JENKINS 10 25% B858 OR T40 SEED MUST BE CONDITIONED BY NOT TREATED. UNCLEAN SEED WILL BE RETURNED. BULK FORM. UM Unit Cost UM Extension Req. Dt ........ .. .....I LB ......... .2000 .. ................. LB 30,000.00 09/08/00 This purchase order encumbers funds In the amount of $30,000 for a bid awarded to Richardson Seeds, Inc. of Lubbock, Texas on August 24, 2000 (Resolution #2000-RC:3001 in accordance with your response to ITS 000-184 Triticale Seed. The following are Incorporated Into and made part of this purchase order by refer ce: bids bm tted by your firm Including the Bid rm; Speclications, a General Conditions of ITS #00-184. ZQ6 LbBEkCK A2 0l. . ' I " 1 Windy Sitton, M or K"hie DtI1511, City Secretary APPROV D AS TO FORM: William de Haas, Competition and Contracts Manager/Attomey Total Order Terms NET 30 ._._....--•................................. --•- 30,000.00 Setter and Buyer agree as follows: 1. SELLER TO PACKAGE GOODS. Seller will package foods 1n accordance with good commercial practice. Each shipping container shall be clearly and permanently marked a follows (a) Sellers name and address, (b) Consignee's name. address and purchase orderer purchase release number and the supply agreement number Jfappliable. (c) Cents[=number and Total number of eonainets, a g. box 1 of< 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 snnsportadw costs and to conform with requirements of coaunon carriers and any appliabie specifications. Buyer's count or weight shall be foal and conclusive on shipments not accompanied bypuking lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender oft bill of lading will operate as a tender ofgoods & TITLE AND RISK OF LOSS. The title and risk of loss ofthe goods shall not pass to Buyer uncal Buyer actually receives and takes possession of the goods at the point or polus of delivery. 1. NO REPLACEMENT OF DEFECTIVE TENDER. Every Tender ofdelivery ofgoods most 9LBy comply with all provisions of this contract as to time of delivpy quality and die bike. if a tender is made which does mot (Lily conform, this shall constitute rbetach 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 modry 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 shalt 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 ifapplicable. Invoices shun be Itemized and Transportation charges, ifany, shall be listed separately. A copy ofthe bill oflading. and de freight waybill when applicable, should be attached b the invoice. Man To: Accounts Payable. City of Lubbock, P. O. Box 2000. Lubbock, Texas 79357. Payment shall not be due until the abort instruments arc submitted after delivery. 6 GRATUITIES. The Buyer may, by written notice to The Seller, anal This contract without liability to Seller if it is determined by Buyer that gratuities• in the form ofentertainment. gifts or otherwise, were offered or given by die Seller, or any agent or representative ofthe Seller, to any officer or employee of the city of Lubbock with a view to securing a contract" securing favorable treatment with respect to the awarding or amending, or the making ofany determinations with respect to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this provision, Buyer than be entitled, len addition to any other rights and remedies, a recover or withhold de amount of the cost incurred by Seller in providing such gratuities. * SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof inefudes the cost ofany 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 ofthe Buyer and to die extent fusible shall be identified by the Seller as such. t WARRANTY -PRICE. a. The price to be paid by die 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 ofthe kind and specification covered by this agreement for similar quantities under sumlar of like conditions and methods of purchase. to the event Seller breaches this warranty, the prices of the hems shall be reduced to to Seller's Current prices on orders by others, or in de alterative. Buyer may cancel This contract without liability to Seller for breach or Sellers actual expense. L 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 fide employees of bona fide established conmracial or selling agencies maintained by the Seller for The purpose of securing business. For breach of vitiation of this warranty The Buyer shall have the right in addition to any other right of rights to cancel This contras 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. P. WARRANTY -PRODUCT. Seller shall not limit or exclude any knplied warranties and any attempt to do so shall reoderthis contract voidable a The option ofthe Buyer. Sellerwarrams That The goods furnished will conform to the speeiration, drawings, and description listed is The bid Invitation, and to the samples) furnished by the Seller. ifany. Inde event ofa Conflict or between the specifications• drawings, and descriptions, the speeifiations Shan govem. Notwithstanding any provisions contained is The contractual agreement, the Seller represents and warrants fault -free perfomunce and fault -free result lo the processing date and date related data (including, but not limited to calculating, comparing and sequencing) ofan hardware, software and firmware products delivered and Servieet provided under this Contract, individually or in combination, as the ase may be from the effective date of" Coamam Also. the Seller warrants the ycm2000 Calculations will be recognized and scxromaodated and will AM In any way. result in hardware, software or fonware failure: The City of Lubbock, at its sok option. may require the Seller, at any time, to demonstrate die procedures It h ten& to follow in order to comply with all The obligations contained herein. The obligations contained herein apply to products and services provided by The Sefte ,;its sub -Seller or any Third patty Involved in The cation or development of The products and Services to be delivered so The City of Lubbock under This Contract. Failure to comply with any of The obligations contained herein, may malt in The City of Lubbock availing itselfefany of Its rights under The law and ander This Contract including, but not limited b, its riot pertaining to termination or default. The warranties contained herein are separate and dismne from any other warranties specified is This Contra, and ere not subject to any disetatmer of waalnty. Implied or expressed. or limitation ofthe Seller's liability which my be specified in This Contras, its appendices, its schedules, its amexa or any document incorporated in This Contras by reference. TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUSSOCiC. TEXAS . :0. SAFETY WARRANTY. Seller warrants that die product gold 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 Ci: MCSTMICOND.DOC may seems the Product tar cxureetlou or Mbomsm at die seilees expens, to the event Seller fails to take the appropriate correction within a reasoabk lino, correction sande by Buyer will be at the Seller's expease. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of Ibis contract tog gate Seller agrees to astir nn3in afiether goods manufactured in accordance with the apCCifiations attached to this agreement will gime the ro the rightful claim ofany third person 6Y -Y of lofrIngemeat ofthe 1'ke. Buyer takes no warranty that the production ofgoods according to the specifiatioa will not give rise to such a claim, and In smo event shall Buffer be liable to Seller for b"i"AdGatiom is to "tat That Seller is sued on the grounds of lofiingenent of the ince. !!Seller is of the opinion that an iafringement or thelike will rent; he will notify die Buyer to this effect in writing within two weeks atter the signing of this agreement. UBuyer does not receive ,mice and Is subsequently held liable for the btfringemeat or die !rice, Seller will Save Buyer barmtess. IfSener In good faith ascertain the Production of the goods In accordance with the specifications will result in kmfiiopement cc the Ince. The contract shall be aril and void. It RIGHT OF INSPECTION. Buyer shall bave The right to iaspeit die goods at delivery before accepting thein. 13. CANCELLATION. Buyer shall have The right to cancel far default an or any part ofthe undelivered portion of This order if Seller breaches any of the team hereof including warranties of Selkr or !f the Seller becomes Insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu ofany other remedies w-6ich Buyer may have ks law or equity. 13. 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 work hereunder slur be elketed by die delivery ofthe Seller ofs, "Notice ofTennination" specifying die extent to which perforhance of work under the order is terminated and The date upon which such Termination becomes effective. Such right or Termination is in addition to and not in lieu of rite rights of Buyer set forth its Clause 13, height. 13. FORCE MAJEURE. Neither party shall be held responsible for losses• resulting if the fulfillment of sny kmm ofprovishons of this contract is delayed or prevented by any cause trot within de control ofthe party whose performance is interfered with. and which by tie exercise of reasonable diligence said party is unable to prevent. 16. ASSIGNMENT -DELEGATION. No right or interest In this contract dull be assigned or delegation ofany obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly voted and totally incfhctve for an Purpose unless nude In conformity with this paragraph. 17. WAIVER. No claim or right arising out of s breach of this contract an be discharged in whole or in part by a waiver or renunciation ofthe claim or right unless die waiver or renunciation Is supported by consideration and is in writing signed by the aggrieved party. 1g. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications forbids And perfornunee provided by Buyer in its adverisenent for bids, and any other documents provided by Seller as part of his bid• Is intended by the parties as a final expression of deir agreement and intended also as a complete and exclusive statement ofthe Teras ofteir agreement. Whenever a term 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 Uniform Commercial Code. Vtbere ever the Term "Uniform Commercial Code" is used, it shall be construct as meaning the Uniform Commercial Code as adopted in the Sate of Texas as effective and in farce on die. date afthis 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 die other party give written assurance ofbis intent to perform. in the event that a demands nude and no assurance Is given within five (S) days, the demanding party may treat this failure as an anticipatory repudiation of the eoaracl 21. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials; and employees, against all injuries, deaths. loss, damages• efaims, patent claims, sui%. liabnitics, judgments, costs and expenses, which may in anywise accrue against The Buyer in consequence ofthe granting of this Contras or which may anywise result therefrom Whether or not it shall be alleged or determined that The set was caused through negligence or omission ofthe Seller or its employees, or ofthe subScller or Assignee or its employees, ifany, and The Seller stun, at his own expense, appear, defend and pay an charges of attorneys and all costs rad other expenses arising therefrom of incurred In connection therewith, and, (fray judgment shall be rendered against the Buyer in any such action, the Setkr shall, a its own expenses. satislj• and discharge The aamc Seller expressly understands and agrees that any bond required by This contract, or otherwise provided by Seller, stall in no way limit the responsmbllity to (udemnify, keep and ave harmless and defend the Buyer as bereia provided. 2i TtME It Is bereby expressly agreed and understood That time Is of The "sena for The Performance` afthis contract, and failure by contract to Toes the time specifications of this Agreement will cause Seiler to be in defank of this agreeram 23. MBE The City of Lubbock hereby eatirmi al bidders That in regard to any coomia. entered into pursuant to This request, minority and women business enterprises will be afforded squat opportunities m submit bids In response to This Invitation and will riot be discriminated against on de grounds of ran. color, sex or atural origin in consideration for an award.