HomeMy WebLinkAboutResolution - 2011-R0078 - PO - Fleet Safety Equipment Inc.- Equipment For Police Suvs - 02_10_2011Resolution No. 2011—R0078
February 10, 2011
Item, No. 5.31
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 for and on behalf of the City of Lubbock, Purchase Order No. 10001562 for the
purchase of various equipment for installation into police SUV's as per Tarrant Co. No.
2008-124 PO, by and between the City of Lubbock and Fleet Safety Equipment, Inc. of
Houston, Texas, 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.
by the City Council on February 10, 2011
TOM MARTIN, MAYOR
TTEST:
Garza, City
AS TO CONTENT:
City Manager
Information Officer
AS TO FORM:
Weaver, Assistant City Attorney
xcdocs/RES.Fleet Safety Equip Co.-PurchaseOrd
uary 25, 2011
0lcityOf
d&
TEXAS
TO:
PURCHASE ORDER
FLEET SAFETY EQUIPMENT INC
5858 WALTRIP
HOUSTON Texas 77087
SHIP TO:
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
Ordered 01111/201I Freight
Page - 1
Date - 02/04/2011
Order Number 10001562 000 OP
Branch/Plant 100
CITY OF LUBBOCK
FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK Texas 79403
Requested 03/18/2011 Taken By R HOLDER
1 � PER T GU "REQ %524 TARRANT CO. NO.2008-124
Descxiptiesnl5upplier Item
Ordered
Unit Cost
UM
Extension
Request Date
54" Light Bar Pkg WCTXPKG54
63.000
2,245,0000
EA
141,435.00
03/18/2011
M4 LED Flasher,Bl/Red NI4J2
126.000
1155600
EA
14,560.56
03/18/2011
SS Headlight Flshr SSFPOS16
63.000
52,3800
EA
3,299.94
03/18/2011
Rear Barrier w/Wire B5705TO7
63.000
270.7200
EA
17,055.36
03/18/2011
SUV Partition P5704TIOA
63.000
421.2000
EA
26,535.60
03118/2011
Recessed Panel -Tahoe RP57T07
63.000
60.4800
EA
3,810.24
03/18/2011
Vertical Gun Rack G7210
63.000
272,1600
EA
17,146.08
03/18/2011
Equipment Console C-1400
63.000
1505000
EA
9,481.50
03/18/2011
Mounting Base C-TMW-GMC-02
63.000
88.9000
EA
5,600.70
03/18/2011
Shipping and Handling
1.000
643.0000
EA
643.00
03/18/2011
Quote Number 5716
Total Order— — —
Terms NET 30
239,567.98
This purchase order encumbers funds in the amount of $239,567.98 for the purchase of various equipment for
installation in Police SUV's, awarded on February 10, 2011, to Fleet Safety Equipment, Inc., of Houston, TX. The
following is incorporated into and made part of this purchase order by reference: Price quotation dated February
4, 2011 from Fleet Safety Equipment, of Houston, TX, and Tarrant County contract # 2008-124. Resolution
# 2011—R0078
CITY OF LUBBOCK ATTEST: -%
r 4olr�o '0 a�' '= , e- I - '2��
Tom Martin, Mayor Reb ca Garza, City Secretary
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Buyer agree as follows:
1. SEi.LER TO PACKAGE GOODS. Sellerwill 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, (b) Consignee's name, address and purchase order or
purchase release number and the supply agroetnad number if applicable, (c) Container number
and total number of containers, e.g. box I of 4 boxes, and (d) the number of the container
bearing the packing slip. Seller shall bear coat of packaging unless otherwise provided. Goods
shall be suitably Packed to secure lowest transportation costs and to confirm with
requirements of common carriers and any applicable specifications. Buyer's count or weight
shall be final and conclusive on shipments not accompaaaied by pecking lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the
goods under reservation and no tender of a bill of Luling will operate as a tender of goods.
3. T= AND RISK OF LOSS. The title and risk of loss 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 lender of delivery of goods trust
fully comply with all provisions of this contract as to time of delivery, quit mid the ltkr, If a
tender is made which does ant fully conform, this shall constitute a breach and Seller shall not
have the right to substiltuc a conforming tender, provided, where the time for performance has
not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may them
make a conforming tender within the contract time but not afterward.
5. INVOICES & PAYMENTS.
a. Seller shall =limit sepwzw invoices, in duplicate, me 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 the bill of lading, and the
freight waybill when applicable, should be attached to the invoice. Mail Tor. Accounts
Payable, City of Lubbock P. O. Box 2000, Imbbock, Texas 79457. Payment shall not be due
until the above instruments are subtnirted after delivery.
6. GRATUITIES. The Buyer may, by written notice to the Seller, cannel this contract without
liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts
or otherwise. were offered or given by the Seller, or any agent or restive of the Seller.
to any officer or employee of the City of Lubbock with a view to securing a coca -act or
securing favorable treatment with respect to the awarding or amending, or the making of any
determinations ve ith respect to the performing of such a contraa in the event this contract is
canceled by Buyer pursuant to this provision. Buyer shall be =&led, in addition to any other
rights and remedies, to recover or withhold the amount of the cat incurred by Seiler in
providing such gratuities.
7. SPECIAL TOOLS & TEST EQUIPMENT. If the pace stated on the face hereof includes the
coat of arty special tooling or special test equipment fabricated or required by Seller for the
purpose of filling this order, such special tooling equipment and any proem sheets related
thereto shall become the property of the Buyer and to the extent feasible shall be identified by
the Seiner as such.
g. WARRANTY -PRICE.
a. The price to he paid by the Buyer shall be that contained in Seller's bid which Seller
warrants to be no higher than Seller's marent process on orders by others for products of the
kind and specification covered by this agreement for similar quantifies under similar of like
conditions and methods of purchase. In the event Seiler breaches this warranty, the prices of
the items shall he reduced to the Seller's current prices on milers by others, a m the
alternative. Buyer may cancel this contract without liability to Sella for breach or Seller's
actual expense,
b The Sella waaaaoa that no person our selling agency has been employed or retained to
solicit or seem this contract upon an agreement or understanding for commission, percentage.
brokerage, or contingent fee excepting bons fide employees of bona fide established
commercial or selling agencies maintained by the Sella for the purpose of securing business.
For breach of vicution of this warranty the Buyer shall have the right in addition to any otber
right of rights to cancel this contract without liability and to deduct from the contract price, or
otherwise recover without liability and to deduct from the contrast price, or otherwise Teeover
the full annotuit of such commission. percentage, brokerage or contingent fee.
9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and say
attempt to do so shall render this contract voidable at the option of the Buyer. Sella warrants
that the goods fumished will conform to the specificatim drawings, and descriptions listed iu
the bid invitation, and to the samples) furnished by the Seller, if any. in the event of a conflict
or between the specifications, drawings, and descriptions, the specifications shall govern.
Notwithstanding any pmisireas contained in the contractual agreement, the Seller represents
and warrants fault -free performance and fault -free result in the processing date and date related
data (including, but not Ihnited to calculating, comparing and sequencing) of all hardware,
software and lirrowae products delivered and services provided under this ConttacL
individually or in combination, as the case may be from the effective dale of this Contract
Also, the Seiler warrants the year2000 calculations will be recognized and accommodated and
will not, in anyway, remit in hardware, software or firmware failure. The City of Lubbock, at
its sole option, may require the Seller, at any time, to demonstrate the procedures R imerls to
follow in order to comply with all the obligations contained heaem. The obligations contained
herein apply to products and services provided by the Seller, its sub -Seller or may third 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 pertithimg to termination or default.
The warranties contained harm are separate and discrete from any other warranties specified
an this Contract, and ate not subject to any disclaimer of warranty, implied or expressed, or
limitation of the Sellers liability which may be specified in this Contract, its appendices, its
schodufes, its annexes or any document incorporated in this Contract by refercnce.
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
may return the product for conettioo or replacement at the Sellers expense. in the event
Seiler fails to make 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 of this contract for
We Seller agues to ascertain whether goods manufactured in accordance with the
specifications attached to this agreement will give rise to the rightful claim of any third person
by way of infringement of the like. Buyer makes no warranty that the production of goads
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 Sella is sued on the grounds of
infringement of the hike, If Seller is of the opinion that an infrfngememt or the like will result,
he will notify the Buyer to this effect in writing within two weeks after the signing of"
agreement. If Buyer does not receive notice and is subsequently held liable for the
infringement or the like, Seiler will save Buyer harmless. If Sellerin good faith ascertains the
production of the goods in accordance with the specilicatiaas will remit in infringement or the
like, the contract shall be null and void
12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before
accepting theta.
13. CANCELLATION. Buyer shall have the right to cancel fin default all or arty pat of the
=delivered portion of" order if Seller breaches any of the' hereof including warranties
of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such rigbt 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 may be terminated in whole, or in
part by the Buyer in accordance with this provision. Termination of work hereunder shall be
effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to
which pexfiumaace of work under the order is terminated and the date upon which such
termination becomes effective. Such right or twithadtm is in addition to and not in lieu of the
rights of Buyer set forth in Clause 13, betteen.
15. FORCE MAIEURE. Neither party shall be held responsible for losses, resulting if toe
fulfillment of any terms of provisions of this contract is delayed or pmvented by any cause not
within the control of the party whose petformance is intarfeced w fth, and which by the exercise
of reasonable diligence said party is unable to prevent
16, ASSIGNMENT -DELEGATION. No right or rest in this contract shall be assigned or
delegation of any obligation Trade by Seller without the written permission of the Buyer. Any
attempted assignment or delegation by Sella shall be wholly void and totally meffaetive for all
purpose unless made in conformity with this paragraph.
17. WAIVER. No claim or right arising out ofa breach of this contract Can be discharged in whole
or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by considantiou and is m writing signed by the aggrieved party.
18. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and
performance provided by Buyer in its advertisement forbids, and any otber dochm arm
provided by Seller as part of his bid, is intended by the parties as a final expression of their
agreement and intended also as a complete and exclusive statement of the tams of their
agreement Whenever a term demmnd by the UniformComrnacial Code is used in this
agreement. the definition eomaimed in the Code is to control
19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code.
Where ever the tam "Uniform Commercial Code" is used. it shall be construed at meaning the
Uniform Cotmmercial Code as adopted in the Stale of Texas as effective and im force on the
date of this agreemau.
20. RIGHT TO ASSURANCE. Wherever one party to this contract in good faith bas reason to
question the other party's intent to perform he may demand duet the other party give written
assurance of his intent to perform. in the event that a demand is made and no rssutnaoce is
given within five (5) days, the demanding patty may treat this failum as an anticipatory
repudiation of the contract.
21. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents,
officials and employees, against all injuries, death& loss, damages, claims, patent claims, attics,
Liabilities, judgments, costs and expensm wbieh may in anywise acme against the Buyer m
consequence of the granting of this Contract or which may anywise result tdatfi+om, whether
or not it shall be alleged or determined that the act was caused through negligence or omission
of the Seller or its employer, or of the subSeller or assignee or its employees, if any, and the
Seiler shall, at bis own expense, appear, defend and pay all charges of attorneys and all crusts
and other expenses arising then&= of inctrred in connection thaewith, and, if any judgment
shall be tendered against the Buyer in any such action, the Seller shall, at its own expenses,
satisfy and discharge the Satre Sella exprmly 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 harmless and defend the Buyer as herein provided.
22. TIME. It is hereby expressly agreed and understood that time is of the essence for the
performance of this contract. and fathne by contract to meet the tine specifications of this
agreement will cause Seller to be in default of this agreement.
23. MBE. The City of Lubbock hereby notifies all bidders that in regard to any oomtract entered
into pursuant to this request, maturity and women business enterprises will be afforded equal
opportunities to submit bids in response to this invitation and will not be discriminffitd against
our the grounds of race, color, sex or natural origin in consideration for an award
Rev. 08/2005