Agmt17 R&B Company - Laserfiche WebLink

Browse Search

contract or, at the City's sole option, for each calendar day that delivery is delayed on each order the City will deduct the sum of $500.00 per calendar day from payment due or to become due to the Vendor, not as a forfeit or penalty, but as liquidated damages. This sum is fixed and mutually agreed upon since the actual damages to the City and the public, which are caused by the delay, are impossible to determine. The Vendor must notify the City immediately if the Vendor reasonably believes the Vendor will not be able to meet the delivery time for any reason and provide City with a schedule that the Vendor reasonably believes it will be able to meet. It is within the City's discretion whether it will accept the revised schedule. 3. Inventorv. Vendor will inventory, deliver and stock items in a designated area at the Public Works Municipal Corporation Yard. Vendor will perform this service at a minimum of once a week, or as requested by City, and will coordinate with the City employee designated in Section 21 Notice to verify the delivery of materials. 4. Oben Hours. Vendor must have the ability to deliver or make available materials and supplies twenty-four (24) hours a day, seven (7) days a week. Vendor must be able to deliver or open Vendor's store within 45 minutes of being contacted by City after Vendor's normal business hours. Failure to meet the after-hours response time may result in termination of the contract. 5. Contract Term. The term shall be for a one (1) year period beginning the "Effective Date" of this agreement. 6. Contract Extension. The City reserves the right to extend the contract period for three (3) additional one-year periods. Such extension(s) will be at the City's option, subject to same terms, conditions, favorable prices, but unit pricing may be subject to increase based on manufacturer pricing. Vendor shall provide to City written evidence of any National Price increase(s) prior to contract renewal. Price increases to the City at contract renewal shall be the lesser of either a five (5%) percent maximum unit price increase over the prior Contract Term unit price or equal to OEM Nationally Published Price Increase(s). 7. Purchase Price. The purchase price for the Goods and Services shall be on a cost per material basis, as delineated in Exhibit A. Vendor represents that the prices quoted to or paid by the City will not exceed current prices charged to any other customer by the Vendor on the Effective Date for items that are the same or substantially similar to the Goods, taking into consideration the quantity under consideration, and the Vendor will forthwith refund any amounts paid by the City in excess of the price. 8. Estimated Quantitv. The quantity shown on Exhibit A is merely an estimate of items to be purchased for the Contract Term. The City does not guarantee nor agree to purchase a minimum quantity or to purchase any remaining stock that the Vendor may have acquired in support of the contract. REV: 01-25-17 RL Page 2 of 21 ATTY/AGR.2017.015/R&B Company - Utility System Supplies Purchasing