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HomeMy WebLinkAboutResolution - 2008-R0014 - PO - Watson Furniture - Ergonomic Console Furniture, 911 Dispatch - 01/10/2008 (2)Resolution No. 2008-R0014 January 10, 2008 Item No. 5.20 RESOLUTION � BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a Purchase Order Contract and any associated documents with Watson Furniture of Seattle, Washington, for purchase of ergonomic console furniture for 911 dispatch, which Purchase Order Contract and any associated documents are attached hereto as Exhibit A and made a part hereof for all intents and purposes. Passed by the City Council this 10dh day of January , 2008 DAVID A. MILLER, MAYOR ATTEST: Garza, City APPROVEDAS TO CONTENT: Clau"e Jones, Chief (of police APPROVED AS TO FORM: f Don Vandiver, Attorney of Counse DDres/W atsonFumPOcon07 Res December 7, 2007 CITY OF LUBBOCK Page PURCHASE ORDER Date Order No. Brn/Plt TOWATSON FURNITURE PO BOX 94052 SEATLE WA 98124-9452 SHIP TO: CITY OF LUBBOCK COMMUNICATIONS 916 TEXAS AVE ATTN MARY CATO TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: 4�� Ordered - 12/06/07 Freight Requested - 03/28/08 Taken By Delivery - Quote Q14695-00 Description / Supplier Ite 4-Synergy Full Lift Console 12-Chief Monitor Arms Delivery & Install Synergy 18" Right Hand Ext. Rotating Resource,40" diam. Dispatch Delivery & Install - FOB Destination Frt Prepaid - FELIX ORTA - 1 12/12/07 322196 000 OP 3511 Ordered UM Unit Cost UM Extension 1.000 EA 20,192.0300 EA 20,192.03 1.000 EA 5,178.0000 EA 5,178.00 1.000 EA 7,336.0000 EA 7,336.00 1.000 EA 1,093.2100 EA 1,093.21 1,000 EA 1,104.6000 EA 1,104.60 1.000 EA 2,407.7500 EA 2,407.75 INSURANCE CERTIFICATE REQUIRED PRIOR TO INSTALLATION: Req. Dt 03/28/08 03/28/08 03/28/08 03/28/08 03/28/08 03/28/08 Commercial General Liability, per occurrence- $300,000 Automotive Liability - $100,000 / Any Auto - Combined Single Limit Workers Compensations - Statutory Amounts Employer's Liability - $500,000 and/or Occupational Medical and Disability City of Lubbock is named as primary additional insured on Auto/General Liability with a Waiver of subrogation in favor of the City of Lubbock on all coverage. This purchase order encumbers funds in the amount $37,311.59 for the purchase of ergonomic public safety dispatch consoles awarded to Watson Furniture Group of Seattle, WA on January 10, 2008, in accordance with your quoted Q14695-00. Resolution No: 2008—R0014 CITY OF LUBBOC ATTEST: CQ David A. Mille , Mayor Rebecc Garza, City Secretary Total Order ................••-----------------......_ - Terms NET 3037,311.59 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Sailer and Buyer agree as follows: I. SELLER TO PACKAGE GOODS. Seller will package goods in accodance with good commercial paaa era. Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address, (b) Corsignec's name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of condiner% e.g. box 1 of 4 boxes, and (d) the number of the container bearingthepacking4. Seller shall bear cast of packaging unless otherwise provided Goods shall be suitably packed to sceum lowest transportation costs and to conform with requirements of common carrion and say applicable specifications. Buyers court orweigbt shall be final and conclusive on shipments not accompanied by peeling lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not sutboriaed to ship the goods under resavasion and no lender of a bill of trading will operate as a tender of goods. 3. T1TIX AND RISK OF LASS. The title said risk of loss of the goods stall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or pomu of delivery. 4. NO REPLACEMENTOF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply with all provision of this caattaci as to time of delivery qualityand the like. If a tender is matte which does net fully conformaph and , this shall constitute eac Silks shall mot have the tight to substitute a conforming tender, provided, where the time for performance has not yet expirod, the Seller may reasonably notify Buyer of his mtiation to a" and may then make a conforming tinder within that contract time but not afterward. S. INVOICES & PAYMENTS. a Seller shell submit scparatc mvoieea, in duplicate, one each Pacbase ardor OF purchase release after each delivery. Invokes AO indicate the purchase order or put&= release number and the supply agreememt number if applicable. Invoices shag be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should he erached to the invoice. Mail To. Accounts Payable, City of Lubbock, P. O. Bole 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, an the form of cutcrtsmmem, gift or otherwise, were offered or given by the Seller, or my agent or representative of the Seller, to any officer or employee of the City of Ldhbod with a view to seaming[ a contract or securing favorable treatment withrespect to the awarding or emending, or the making of any defermi undoes with respect to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to d s provision. Buy= shaft be entitled, in addition to my other rights sad remedim to recover or withhold the amount of the cost marred by Seller in Providing each gratuities. 7. SPECIAL 'DOOR & TEST EQUIPMENT. If the price stated as the face hereof includes the cast of my w=W tooling or special test egniprmmt thbricated or required by Sella far the purpose of filling this order, such special tooling equipment and any ixxxxm elteera related thereto shall become the property of the Buyer and to the attest fe ail* *all be identified by the Seller as such. 8. WARRANTY -PRICE. s. The price to be paid by the Buy= shall be that comamed in Seller's bid which Seller waranRs to be no higher than Seller's current process on orders by others for pr ducts of the kind and specification covered by thin agreement for similar quantities under similar of Like conditions and methods of pachase. in the event Sella brauchics this warranty, the priers of the creme shall be reduced to the Seller's ctuneet prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Sellars b. The Seller warmaa that no paasen or selling agency has ben employed or retained to solicit or secure this contract upon an agreement or understanding for commission, phrcentage bsokawage, or contingent Fee excepting bona fide employee of bona fide established commercial or selling agencies maintained by the Seller for the purpose of aecming 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 cuatract without liability and to induct from the contract price, or otherwise recover withow lurbilty and to deduct from the contract price, or otherwise recover the full arnouat of such commission, paw, brokerage or co atimgant fee. 9. WARRANTY -PRODUCT. Seller shall not limit or exclude may implied warranties and any seem t to do eo shall render this contact voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) f rmiahed by the Seller, if airy. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrmta fmdt-free performance and fault -fire result in the processing date and date related data (iacludirg, bit not limited to calcut ing, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective dale of this Contract. Also, the Seller warrants the yea2M calculations will be recognized and accommodated and will not, in my way, result in hardware, software or fwrwam f tihae. The City ofLubbock. at its sole option, may requite the Seller, at any time, to demonsuatc the procedures it intends to fol low in order to comply with all the obligations contained herein. The obligations contained herein apply to products and services provided by the Sella, its subseller or say thud party involved in the creating or development of the products and s=vites to be detivaed to the City of Lubbock under this Contract, Failure to comply with any of the obligaticros contained herein, any result in the Cuy of Lubbock avi iling itself of any of i s rights miler the law and under this Contract including, but no limited to, its right pertaining to lamination or defathh. The warranties contained herein arc separate and discrete from any other warranties specified in this Contract, and are not =bje t to any disclaimer of warramaty, implied or expressed, or limitation of the Settees liability which may be specified in this Contrac4 its apprndicm its schedules, its ®aces or any document incorporated in this Contract by reference. 10. SAFETY WARRANTY. Seller watrauta that the product sold to the Buyer abaft conform to the standards promulgated by the U. S. Department of labor under the Occupational Safety and Health Ad of 1970. In the evert the Proxima does not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller's expanse. In the erect Seller fails to make the appropriate correction within a reasonable time, commm n made by Bayer will be at the Sellars expense. It. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agrees to ascertain whelhu goods manufacdnod in accordance with the specifications attached to this agroetneat will give rise to the rightful claim of arty thud person by way of infringement of the Lice. 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 slug Buyer be liable to Seller far indeamifiratioaa in the evert that Seller is sued on the grounds of infringement of tbo like. If Seiler is of the opinion that an mfringnment or the like will result, be will notify the Buyer to this effect in writing within two weeks after the silting of this fit. If Buyer does rot tazive notice and is subsequently held liable for the infringement ar the file, ScHa will sin Buys hmmtwt ff Seller in good faith aacMaies the production of the goods in accordance with the specifications will result in infrngement or the hike, the contract shell be null and void 12. FUG14T OF INSPECTION. Brayer shall have the right to inspect the goods at delivery before accepting them. 13. CANCELLATION. Buyer shall have the right to cancel for dtfwlt all or any part of the tmdetivered portion of Win order if Sella brescbta any of the terms hamf including wmrsubm of Seller or if the Seller becomes insolvent or commits acts of bankirtw Y. Salt rigghl of cancellation is in addition to and not in lieu of e>A' other remedies which Buyer may base in Law or equity. 14. TERMINATION. Tbc performance of week ®der this order maybe to minuted in whole, err in part by the Buyer in accordance with this provision. TermiDation of wok hernnder shall be effected by the delivery of the Seller of a "Notice of Te muation" specifying the extent to which peiformmoe of work wader the osdcr is terminated and the date upon which such termination becomes effective. Such right or temtustioo is in addition to and not in lieu of the rights of Buyer not forth inCase 13, baeia. 15. FORCE MAJEURE. Neither pasty shall be held teapooaibk for losses, taunting if the fulfillment of any tame of provisions of this contract is delayed or prevented by any cause rat within the control of the party whose performauoe is interfered wah, and which by the atecse of teeonalik ditigahce said party in 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 wn t n permission of the Bow Any attempted assigotaent or delegation by Seller shall be wholly void and totally meffictive for all purpose unless made in conformity with this paragraph. 17. WAIVER. No claim or right arising out ofit breach of" contract can be discharged in whole or in part by a waiver or tmhmcianlan of the claim or right takes the waiver or rmwociatiem is supported by oomtdecation and is in writing signed by We agpirred ply. 18. INTERPRETATION-PAROLEEVIDENCE, This writing, phis may specifications for bids and performance provided by Buyer ut its advertisement for bids, said any other documents provided by Seller as par of his bid, is intended by die parties ss a final expression of Weir agreement and intended also as a complete and exclusive statement of the terms of their agreement Whenever a term defined by the Uniform Conmerc mi Code is used in this agreement, the definition contained in the Code is to control. 19. APPLICABLE LAW. This sgreemem shall be governed by the Uniform Commercial Code, Where ever the term "Uniform Commercial Code" is used, it shall be consumed sa memring the Uniform Commercial Code as adopted in the Slane of Texas as effective mod in forts on the data of the agreement. 20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith hsa rearm to question the other parry's intern to perform he may demand than the other party give writer assurance of his in0.vt in ko ft . In the event that a demand is made ad Do assurance is given within five (5) days, the demanding party may treat this failure as m anticiperory repudiation ofthe cmnact 21. INDEMNIFICATION. Seller shall 'andemir*, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, lost. damages, chums, patent claims, suits, liabilities, judgments, costs aril expenaea, which may in anywise araruc against the Buyer in consequence of the gtaaing of this Contract or which array anywise result th re&am, whether or nor it shall be alleged or determinxd than the act was caused through negligence or minion of We Seller or its employees, or of the subSclkr or assigum or its empoyees, if nay, and the Seiler shall, an his own expense, appew dvk d and Pry all charges of sttmreys and all coats and ether expenses arum; therefrom of incurred in connection therewith, and if any judgment shallbe tendered spin the Buyer in any such action, Ilse Sella". st its own expenses, satisfy and discharge the same Seller expressly wndasu nda and agrees that any bond required by this contract. or otherwise provided by Selhr, shall in no way limit the responsibility to indemnify, keep and save barelm and defend the Buyer as hernia provided 22, TIME. It is bemby expressly agreed and marlastood that time is of the eaeence for the performance of this contract, and failure by comtiact to meet the time spaifications of this agreement will case Sella to be in defaub of this agreement 23. MBE. Tlhe 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 mvitatien and will not be discrimimted against on the grounds ofrace, color, sex or natural origin in consideration for an award Rev. 08/2005