DOCUMENT

IFB - Ready Mix Concrete 2001

  • YEAR CREATED: 2001
  • ENTITY TYPE: City/Township
  • TYPE OF DOCUMENT: BID - ITB, IFB, ITT, RFB
This document is a contract between the City and a Contractor. It includes various provisions and conditions that both parties must adhere to. Some key points from the document are: 1. The City may seek exemplary damages, in addition to other remedies, if any city officer or employee accepts a gratuity. 2. City Council members and employees with a financial interest in a company cannot sell goods to the City. Officers with ownership in a company cannot enter into contracts with the City exceeding $7,500 annually. 3. The Contractor can request payments to be assigned to a financing institution, but prior written approval is required. Any unauthorized assignment is null and void. 4. The Contractor cannot make contracts with other entities for the goods covered in this contract without written consent from the City. The City can set-off any claim or charge it has against the Contractor. 5. No claim or right arising from a breach of the contract can be waived unless supported by consideration and in writing. 6. The Contractor must notify the Purchasing Manager if there is a change in their name, and a fee will be charged for processing the change. 7. Both parties are excused from performance if events outside their control, such as acts of God or civil commotion, interrupt or delay the contract. 8. Failure to perform provisions of the contract constitutes a default, and the other party can require corrective action. If the defaulting party fails to take action within 10 days, the other party can terminate the agreement. 9. The City reserves the right to terminate the contract with 30 days' notice for any reason deemed to serve the public interest. The City will pay the Contractor for costs directly attributable to supplies obtained before termination. 10. The City has a policy to provide equal opportunities to historically underutilized businesses (HUBs) and prohibits discrimination in employment practices. 11. In case of inconsistency, the bid sheet, specifications, supplemental conditions, and terms and conditions of the Invitation for Bids (IFB) take precedence. 12. The contract will be construed under the law of the State of Texas, and any litigation will have exclusive venue in Hays County, Texas. 13. The contract represents the entire agreement between the parties, and any prior agreements are not binding unless included in the contract. Amendments must be in writing and executed by both parties. 14. If any provision in the contract is held invalid or unenforceable, it will not affect the validity of other provisions. 15. The funds for this contract have been approved in the City budget for the current fiscal year, and the cost is expected to be included in future budgets to be approved during the period of this contract except for unanticipated needs or events which may prevent such payments against this contract.
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