HomeMy WebLinkAboutResolution - 2006-R0583 - PO - Watson Furniture - Ergnomic Console Furniture, 911 Dispatch - 12_07_2006Resolution No. 2006-RO583
December 7, 2006
Item No. 5.18
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 Poulsbo, Washington, for the 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 7th day of December '2006.
DAVID A. M LLER, MAYOR
ATTEST:
Rebe"Cca Garza, City Secretary
APPROVED AS TO CONTENT:
Victor Kilma
Director of Purchasing and Contract Management
APPROVED AS TO FORM:
Don Vandiver, Attorney of .ounsel
DUres/Watsonf urnPoconO6Res
November 17, 2006
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CITY OF LUBBOCK
URCHASEORDER
TO:
WATSON FURNITURE
PO BOX 94052
SEATTLE WA 98124-9452
Page -
Date -
Order No.
Brn/Plt -
SHIP TO:
CITY OF LUBBOCK
MUNICIPAL SQUARE BUILDING
916 TEXAS AVENUE
MARY CATO
LUBBOCK TX 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000
LUBBOCK TX. 79457 BY:
1
11/17/06
303405 000 OP
3511
------------------------------------------------------- V
..................
dered - 11/16/06 Freight - FOB Destination Frt Prepaid
quested - 03/16/07 Taken By - MARTA ALVAREZ
livery - RFP#05-130/BM Ergonomic 911 Dispatch Console
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D scription / Supplier Ite
----------------------------
E gonomic 911 Dispatch
C nsole Furniture
Ordered UM Unit Cost UM Extension
3.000 EA 12.235.5533 EA 36,706.66
INSURANCE CERTIFICATE REQUIRED PRIOR TO INSTALLATION
Commerical General Liability - $300,000
Automotive Liability $100,000 / Any Auto
Workers Compenstation - Statutory Amounts
Employers Liability - $500,000
and/or Occupational Medical and Diability
Waiver if Sole Propietor
To include: The City of Lubbock is named as primary
additional insured with regard to auto and general
libility with respects to po# 303405.
The City or Lubbock is provided a waiver of subrogation
on all policies with respect to po# 303405
Req: D
03/16/
'his purchase order encumbers funds in the amount of $ 36,706.66, for the purchase of ergonomic 911 dispatch consoles awarded to
Jatson Furniture Group of Seattle WA, on December 7, 2006, in accordance with your response of RFP #05-130-BM, Ergonomic
11 Dispatch Consoles. Proposal submitted by your firm including the Proposal Form, Project Management/Implementation Plan, an
iuotation/Equipment Breakdown of RFP #05-130-BM. Resolution Number: 2006-R0067.
ITY OF LUBBO 4 ATTEST:
avid A. Mi er, Mayor Rebe ca Garza, City Secretary
Total Order
-----------------------------------------------------------------------------------
^ms NET 30 36,706.66
7
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Buyer agree as follows:
1. SELLER TO PACKAGE GOODS, Seller will package goods in accotdent a with Scrod
commercial pracria. Each shipping container shall be clearly and permanently marked as
follows (a) Seller's name and address, (b) Consignee's nears, address and,purchusc order or
purchase relwe number and the supply agreement cumber if applicable, ic) Container number
end total number of containers, a.g boa I of 4 boxes, and td) the number of the container -
bearing the packing slip. Seller shell bar dust of pxiuging unka utherw ise provided. Goods
shall he suitably pecked to secure lownt transportation costs end to conform with requirements
of wmRnon carries and any applicable specifications. Buyer's caantor weightshell be final
and conclusive on shipments not accompanied by packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the
goods under reservation and no tender Life bill of lading will operate as a tanker of goods.
3. TITLE AN D RISK OF LASS. The tide and risk of loss ofthe goods shall not peas to Buyer
moil Buyerac'nndly receives aid takes possession of the goods at the Point or paints of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every fader of delivery of gads must
fully comply with all provisionsof tiffs amtrapt asto time of delivery, quality and the like. If a
tender is made which does not fully caafirim this stud) conspicure a breach and Seller shall not
have the right to substitute is conforming takia, provided. where the time for performarta Fes
not yet expired, the Seller may, reasonably notify Buyer of his intention to core and may then
make a conforming tender within the contract time bar not afterward.
S, INVOICES & PAYMENTS,
a. Seller shell submit separate invoices, in duplicate, one each purchase order or purchase
release after eat d divery. Invoicn shall indicate the purchase odor a 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 wrybill when applicable, should be attached to the invoice. Mail Tw Accounts
Payable, City of Lubbock P. O. Box N- M Lubbock, Texas 79457. Payment shall not be due
until the above iitstrunsents are submitted after delivery.
6. GRATUITIES. The Buyer tiny. by written notice to the Seller, cancel this wntrad without
liability to Seller if it is detim nisedby Buyer that gretuides, in der form ofenbrairment, gifts
or otherwise. were offered or given by the Seller, or any agar or representative of to Staler. to
any uhRcer or employee of the City of Luhback with a view to securing s contact or securing
favorable treatment with map= to the awarding or smmdirsy or the making of any
determinations with respect to the perfuming attach a contract In the event this contact is
canceled by Buyer pursuant to this provision, Buyer shell be amidst in addition to any other
rights and rernadies, to eecova or witrhotdthe amount of tie coal incurred by Seller in
providing such gratuities,
7. SPECIAL TOOLS R TEST EQUIPMENT. if the price stated on the face hereof includes the
cum of any special tooling or special test equipment fabricated or required by Seiler for the
purpose of Filling this order, such special tooling equipment and any process shoes related
thereto shall becmne the property arrive Buyer and to the extent feasible shall be identified by
the Seller as sack
8. WARRANTY-PRFCE.
a. Thus price to be paid by the Buyer stall be the contained in Mites bid which Seiler
warn ems to be no higber than Seder`s correct process an orders by others for products of the
kind and specification covered by this agreanera for similar quantities under similar of like
conditions and methods of purchase. In de event Seller breaches this warranty, the prices of
the item shall be reduced to to Seller's current prices an orders by others, or in de
alternative. Buyernay caned this contract without liability to Sella for breach or ScHer's
actual expense.
b. The Sella warrants that no person or selling agency has been employed or retained to solicit
or secure this contract open an agreement or understanding for commission. peroenege,
brokerage, or contingent fee excepting boost fide employes of bons fide established
commercial or selling agencies maintained by die Seller for the purpose of securing businsta_
For breach of vitiation of this warranty the Buyer "I have the right in addition to dry other
right aIrighns to cariceh skis convect withim liability and to dialud Aom the conmact price err
otherwise recover without liability and to deduct from the contract price, or otherwise recover
the full amunt of such commission. peremage, brokerage or contingent fed
9. WARRANTY -PRODUCT. Seller sh all not limit or esclude any implied warranties and any
attempt to do so shall render this contract voidable at the option of the Buyer. Seiler warrants
diet the gtwds famished will conform to the specification, drawings, and descriptions listed in
the bid irrviurtian, :rod to the sample(s) furnished by the Seller, if dry. In the evert of a conflict
or between the specifications, drawings, and descriptions. the Wecificatiars shall govern.
Notwithstanding shy provisions csrtainaf in the contracatal agreement, the Seller represma
and warri ms fault -free performance and fault -free result in de processing dad snit date related
debt (including but not limited to calculating. compering and sequencing) of all hardware,
wltware and firmware products delivered and services Provided under this Contact,
individually or in combination, as the case may be fron the effective date of this Contract.
Also. the Seller warrants the yer2000 dalcdations will be renagnaed and accommodated and
will nor. in airy way, result in hardware, software or firmware failure. Ths city of Lubbock. as
is sole option, may require the Seller, at am time, to demonstrate the procedures it intends to
follow in order to comply with all the obligations contained herein. The obligations combined
herein apply to pndais and services provided by the Seller. its sub -Seller or:ny tilt parry
involved in the creation or devafoprront tithe products and senvian to be delivered to the City
of Lubbock under this Contract. Failure to comply with any of tie obligatma contained
herein, may result in de City of, ebboc availing itself of artyof its rights under the law end
Linder this Contract including, but not limited to, its right pertaining to termination or default.
The warranties entwined heels am separate and discrete from any other warranties specified
in this Contract, tend are rat subject to any disclaimer of warranty, implied or expressed or
limitation of the Seller's liability which may be specified in this Contract, its appendices, its
schedules, hit amazes or my document ircorpoaaed in this Contract by reference.
10. SAFETY WARRANTY. Seller warrants that the pmduct sold to the Buyer shell conform to
the standards promulgated by the U. S. Departmatt of labor under to Oc capational Safety and
Health Act of 1970. In the event the product does not conform to OSHA stmdarla, Buyer tiny
return the product for eoirm ion or repiecenxsn at the Seller's expanse. in the event Seller
fails to make the appropride correction within a reaonabfe tithe, correction made by Buyer
will be at the Seller's expense.
It. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of phis contract for
sale Seller agrees to ascertain whether goods manufactured in accordance with the
specifications attaled to this agreertait will Siva rise to the rigMfut claim of any third paean
byway of infringrnent of the like. Buyer makes no wararay that the pruduction of goods
according to the spec:ificatett will not give rise to such a claim, and in no event shall Buyer he
liable to Seller for indemnification in the event that Sella is sued on the grounds of
infringement of the like. If Sella is of the opinion that as irliitngement a the like will result,
he will notify the Buyer to this effect in writing within two weeks after air signing of this
agruarieriL If Buyer does not receive notice and is subsequently held liable far the
infringement or the like, Seller will save Buyer hamlet. If Sella in good faith ascertains the
production of the goods in accordance: with the specification; sill result in infringprneat or the
like, the contract shell be null and void.
12. RIGHT OF INSPECTION. Bayer stall have the right to inspect the goods al delivery before
accepting them.
13. CANCELLATION. Buyer shall have the right to dated for default all or any pert of the
undelivered portion of this order if Seller breaches any order buns hereof ineiu ling warraraiaa
of Sella a if the Seller becomes insolvent or commits aces of tanknhpaey, Stich right 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
par by the Buyer in accordance with this provision. Termination of work hereunder shall be
effected by the d divery of the Seller of a "Notica of Termination" spechf) mg the extent to
which performance ofwork under the oiler is terminated and die date upon which such
termination becomes effective. Such right or umminaton is in addition to and not in lieu of the
tights of Buyer set forth in Clause 13, herein.
15. FORCE MAJEURE. Neither party shall be held responsible for lases, resulting if the
fulfillment of any em of provisions of this attract is delayed or prevented by any cause not
within the control of the parry whose pmfaanamce is interfered with, and which by the exercise
of reaso able diligence sued party is unable to prevent.
1 ft. ASSIGNMENT -DELEGATION. No right or interest in this co n tract shall be rsigrsad or
dehegaionof aty obligationmade by Seller widnat the wriaen pamiuion of the Bayer. Any
attempted assignment or delegation by Sella shall be wholly void and totally ineffective for all
purpose unless me& in canterrmity with Ibis paagraph,
I7, WAIVER. No claim or right arising out of a breach of this contact an be discharged in whole
or in par by a waiveror remenciation oft; claim or right unless the waiver or renunciation is
supported by consideration and is in writing signed by the aagrieved party.
18, INTERPRETATION -PAROLE EVIDENCE. This writing,plus any specifications for bids and
performance provided by Buyer in its advatiaemeot for bids, and any other documents
provided by Sella as part of his bit. is intended by the parties as it final expression of their
agreement and intended also as a complete end exclusive statement of the terms of their
agreement. Wlww%w a tam defined by the Uniform Commercial Cale is used in this
agreement. tie definition contained in the Code is to control.
19. APPLICABLE LAW. Thts agreement shell be governed by the Uniform Commercial Code.
Where ever the tent "Uniform Comatarcial Code" is used it shall be construed as meaning the
Uniform Commercial Cade as adopted in ten State of To;a as eREctiva and in force on the
date of this agreement.
20, RIGHT TO ASSURANCE. WFaonwone Perry to this contract in good faith bars [aeon to
question the other parry's invent to perform he may dernsnd the to other parry give written
mi ran cir of his heart to pdrfarn. In the event the a demrd is roads and no assurance is
given within five (S) days, the demanding party may treat tide falum as an anticipatory
repudiation of the contram
21. INDEMNIFICATION. Seller shell indemnify. keep and save harmless rho Buyer, its agents,
officials and employees, against aU injuries. deaths, loss darm him cWme, patent claims, suits,
liabilities, judgmema costa and exper tars, which may in atywiso accrue against the Buyer in
consequence of the grating of this Contract or which nay anywise result theref ur n, whether
or not it steep be alleged or determined that do at was caused through negligence or urnWiom
of the Sella or i; employees, Of of the subSeller or assignee or its en ployees, if my, and the
Seller shah. at his own expense, appear, defend and pay all charges of atsorreys and all coats
and other expenses rising therefrom of incurred in correction therewith, and. if shy judgment
shall be tendered against the Buyer in any such action, the Seller shall, at its unvo exposes,
satisfy and divcheep the sane Seller expressly understands and agrees diet any bud required
by this carrot, or otherwise provided by Seller, shell in no way limit to responsibility to
mdkmmify, keep and save harmless and defend the Buyer a herein provided.
22. TIME. It is hereby expressly agreed and understood that time is of tlo cascade for the
pe,ribinnance of this contraeL and future by cutest to meet the rime specifications of this
agreement will cause Sella to be in defiddt of this agreement
23. MBE. The City of Lubbock hereby notifies all bidden tut in regard to any contract entered
into pursuant to this request, minority aid women business enterprises will be afforded equal
oppxmdies to submit bids in rrenprinse to this invirstion and will not be discriminated against
on the grourrb of race. color, sex or remral origin in consideration for an award
Rcv. 08/2005