HomeMy WebLinkAboutResolution - 2008-R0381 - Purchase Order For Audio Equipment - Lubbock Audio Visual - 09_25_2008Resolution No. 2008-RO381
September 25, 2008
Item No. 5.25
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Purchase Order for City
Hall Audio Equipment per RFP 08-081-FO, by and between the City of Lubbock and
Lubbock Audio Visual, 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.
Passed by the City Council this 25tb day of September , 2008.
C iyjry
TOM MAR IN, MAYOR
ATTEST:
Rebe a. Garza, City Secretary
APPROVED AS TO CONTENT:
Ma e ood, Assistant City Manager,
Chief Information Officer
APPROVED AS TO FORM:
a44�� —
Chad Weaver, Assistant City Attorney
vw/ccdocs/Chad/Resolutions/RES-Lubbock Audio Visual-PurchaseOrd
09/16/08
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TO:
PURCHASE ORDER
LUBBOCK AUDIO VISUAL
2120 AVENUE Q
LUBBOCK TX 79405
Page -
Date -
Order No. -
Brn/Plt -
SHIP TO:
1
9/16/08
336094 000 OP
3511
CITY OF LUBBOCK
MUNICIPAL BUILDING -REAR DOCK
1625 13TH STREET
ROOM L06
LUBBOCK TX 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY: (� ,� ♦,/
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Ordered - 09/16/08 Freight - FOB Destination Frt Prepaid
Requested 10/16/08 Taken By - FELIX ORTA
Delivery - PER J. MCKITO REQ# 31447 RFP-08-081-FO
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Description / Supplier Ite Ordered UM Unit Cost UM Extension Req. Dt
---------------------------- ........... --........... .. ------------ --------
CITY HALL AUDIO EQUIPMENT 1.000 EA 29,089.0000 EA 29,089.00 10/16/08
REPLACEMENT
INSTALLATION 1.000 EA 11,180.0000 EA 11,180.00 10/16/08
INSURANCE CERTIFICATE REQUIRED FKIOR 1'0 INSTALLATION:
Commercial General Liability - General Aggregate, Automotive Liability, Any Auto - Combined Single Limit-$300,000
Products-Comp/OP AGG, Personal & Adv. Injury and
Contractual Liability per occurrence- $500,000 '
Workers Compensation - The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no
less than $500,000.
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 of $40,269, for the purchase of Audio Equipment
and Installation awarded on September 25, 2008, to Lubbock Audio Visual Incorporated, of Lubbock,
Texas, in accordance with Lubbock Audio Visual Incorporated response to BID#08-081-FO. The
following is incorporated into and made part of this purchase order by reference: Bid submitted by
your firm including the Bid Form, Specifications, and General Conditions of BID# 08-081-170.
Resolution# 2008—RO381
CITYOFLUBBOCK ATTEST:
Tom Martin, Mayor Rebec a Garza, City Secretary' TO 1 Order
.............................................................. ........................
Terms NET 30 40,269.00
Seller and Buyer agree as 1bollows:
1. SELLER TO PACKAGE GOODS. Seller will package Goode in
comm) practice. Each shipping container dumarked as
*'flows is) Seller's name and address. (b) Consignee's name. address and purchase order or
purchase.. number and the supply, agreement number if ppliable. (c) Contakaer number
and tool smasher of containers, a g. boa I of 4 boxes, and (d) the number of tie container
bearing the p ecemg slip. Seller shell ben cat of parkagimg mliss otherwise provided Goods
dull be imms* priced to some bwest transportation costs ad to conform with
r&Wiremest, of common caries and any applicable specifications. Buyer's cum or weight
call be &at aril conclusive an shipments vet accompanied by packing lieu.
commerce) accordions
2. SHiPMENI UNDER RESERVATION PROHIBITED. Sella is no mlhorized to altip de
goods audit reservtiee and coo tender der bill of left wilt apatite as under of goods.
D. Tiil.E AND SM OF FOSS. The ft and tide of lore of thpod
s ods shallus to pto Buyer
until Buyer actually receives and takes possession of dae goods at the Posit or Points of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER Every tender of delivery of good. must
filly cc aaply with all provisions of thiscontract a lotime of deifvery. qm* and the lie. Ifis
tender is aside which does no fully costibrm, this " constitute a breach ad Seiler shall not
have lie tight to subdiniale a ceaformog atider. provided, where she time for perfatmea has
Dot yet expired. the Seiler may ma smably notify Buyer of hu intention ew
e e and may ben
mke a eosfotnbg tender within the contract time but not afterward.
5. INVOICES! PAYMENTS.
Seller shag m uhmk uilapaae ivokn b duplicate, te, aeach paeume ceder or purchase
J , ufla ride delivery. kavrskan shall indicate the p@rr' order a pmrchata release
member and the atpply apeemant number ff applicable. isvdes shall be imadead end
tra spotmois dwass, Kany, shill be Bled sapaul ly. A copy of the bill of ladbg. and die
freight waybill when applic", should be attached to the involve. Mali To: Accounts
Payable, City of Lubbock, P. O. Box 20DO, Lubbock, Tears 79457. Payment shall sal be due
until the shove inrlru ens am ushmbed efier delivery.
6. GRATUITIES. Thin Buys may. by written notice to the Seller, cancel this contract without
liability a Seller if it is determined by Buyer thst Vistaides, in the form of antataimem. Sifts
or odun -in, were offered orgiven by the Seller, or my agent a mpresartative of the Sella,
an wry olfloer or employee of the City oft ishbeei wlt& a view so aeariag is cantraq or
seearisg fivomble tauu mmo with rapocl to the aawardingr aaradbg, or the nakig of any
deeermiawm iowish mpeCt to the partmmisg of and a Contract. In the event this, 'is
committed by Buyer pu rs aR to this provusim Buyer shell be cot" inadiftos to any other
*a rights and rches. b recover or wfthhold do asouust of the cast incurred by Seller is
pr
oviding such gratin
7. SPECIAL TOOLS h TEAT P.QUIPMENT. [film ce con
ed on the fax hereof fischul es the
cat of any special tooling or special m we ap*u i6rkated or re - I by Seller far the
purpose of Blivg this -der, suet pedal molNg equipment t anany; , sbeee -lamed
thereeo AsI be
cause din property of ilk Buyer sod to the exam 16miblei shell be kkWfied by
she Sailer a an&.
g. WARRANTY-PRICE
The prior to be paid by the Buyer shall be that contained is Seller's bid which Seller
warrants to be no higher than Seller's currant poem as orders by atuars for products of the
kind and specification covered by Ibis agreement for dnlar qua elkin ondd ar mllar of lace
casditioas and cathode of paseiaa. be dieevent Seller bneacI then warranty, the prim of
the item shag be reduced to the Seller's wren titiis prices as orders by where, or the
alternative. Buyer may hmod thisaatraq without hoWNy to Seller fat breach or Seller's
aenmlexpense
b. TTm Seller warmnts that so person or selling agency ter en beemployed or received to
solkk or saran thin contract span an agreement or fr commission, paoatage.
I 1 pi.or continent fee eceptieg ban fide employee of bona fide eft0i"
commercial or selling agencies maintained by the Seller for elm purpose of marfsg busism.
For breach of viciatiav of thb wareiey the Buyer shall have Ike right in additive to wry other
tight of sight* to eancd tlti Contract without bability and to deduct Emu she t:astract price, or
otherwise recover widow widow liability and to deduct fran de contact Price, or otherwise recover
the fill anew of wok Commission. percentage. brokerage or aotisgat ism.
r. WARRANTY -PRODUCT. Seller shall not limit or exchde any implied war unties and any
nseropt to do so Asti seder Ibis contract voidable at the option of due Buyer. Seller waramea
tea famished
Ike goods will conform so the specification. dmwinim and descriptions listed b
flee bid invitation, and to the nmple(s) fhrwished by the Seller. Wavy. In Ike want ofs conflict
or between the specifications, drawings. and descriptions, Ike petlficatioea shall govern.
Nolwidume ding any provisions contained b the cortuactsal agreement. the Seiler represents
and warrants bust -free performance and Gust -Bee mush m the Processing rote and dote related
dam (including. bus rot limited to alwisting. comparms aid sequencing) dal hardware,
soMrae and Bmawam productsdelivered and services provided under die Costrect.
individually or inCo�iwtrov. a the me may be "n die effective don of" Contract.
Also, tie Seiler wamtaots the ywrM akulaions will be mcogaized and amomoWood and
will nil, b any way, mush o hardware, soltwo ida or firmware fise. The City of l mbboek. at
its sole option, my require dieSeiler. at any time. to demonstrate de procedures it ime ds to
follow is order to comply with ell den d"'b obligations captaineomb. The obligations contained
herein apply to products and services provided by the Seller, its cots-Sdhr or third pasty.
involved in the creation or development of de products and servius a be delivered to the City
of Lubbock under dtis CoonaU. Failae to comply with any of tie otiligadons contained
iereit, may result c tie City of Lubbock availing itself of may of its rigbb under the law and
under the Cowered is achudng. but red lin8ed to. ill tight Pauor mimmg to termination defsuk.
Tim an e warranties contained here us am separate and discrete Eno soy other waranties specified
is Isis Contact, and am ens subject to any disclaimer of warranty, implied or expemed, or
limituim of the Seller's liability which any be specified b this Contract, ill appendices, its
schedules. its an or any document iticarported is this Contract by rehmnce.
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CRY OF LUBBOCK, TEXAS
with good 10. SAFETY W
hRRAN'lY. Seller warrants that the product sold to the Buyer *halt conform to
the standards promulgated by die U. S. Department of LAor under the Occupational Safety
and Health Act of 1970. b die event the product does not conferee to OSHA standards. Buys
may return due prodct for correction or replacement a the Seller's expertise. in dw event
fait
t to make the appropriate correction within a reasonable time. correction made by
Buyer will be at the Seller's espenae.
NB NO WARRANTY BY BUYER AGAINST 1NFRINGEME. As part of this contract for
sale Sella arm to axim wren wk*wr S(K* manubmurnd in aeeralance with rbe
specifications Mfacued to this greermmt will give rise to de rightfil claim of any third pe*sm
byway of bfriagement of the lie. Buyer makes so warranty rust be production of goods
g according to the ncifucstloa will so give rise to such a claim, and in coo event shall Buyer be
liable to Seller for isdeamifieatioa in da event dot Seller is sued on die round%of
just henl of the like. if Segee is of the opinion that a infrisganimt or the like will musk.
be wig redly die Bryn so Ibis effect is writing wilhir two weeks sher the signing of this
tigteemeM. K Buyer don not receive notice tad is subsaquendy held liable for the
inttiepwom or the lie. Sella will rive Buyer ham ess. If Seller in good faith sacertains dre
pnoductim of the goods b accordance with die specifiatoes wig result is a die
e
lie, the contract shill be aull and void.
12. RIGHT OF INSPECTION. Buyer still have the right to inspect the goads at delivery before
�I�g �
13. CANCM ATIDN. Bayershag lu ve the right to u�al for def ndi ail army part of tie
smdelvoW portion of this order 19ellar breach, any of die IQm beraof iecludisg wamuies
of SAw or Kt►e Seler becam i ailvem or commie eras ofluselmtptey. Such right of
emodbeia is b addition toad wee in lieu ofany adorer mum" which Buyer any icon b
low or intaW. man 14. TERMINATION. The perforce of work under Ibis order may be terminated in whole, or Is
pat by &a Buyer in accordance with this provision. Termmtma of work herea der shall be
effected by the delivery oft Seller of a "Notice of Termination" specifying the extent nt to
which pwformm c ofwork under the order is terminated an the dote upon which arc&
termisatim becomes effaaive. Sod right or termiatica in A addkioo to and sot b lieu of tie
rigof Buyer adforth is Claim1D,1 1 .
15. FORCE MAJEURE. Ne:itia patty shah be heldresponsible for bow making if tie
idfBimern of any ootm of pmvWesu of this contract i delayed or prevented by way came sat
within the , , ' , of the nary whose pwhrm ere i fnterfam I wflb, an whici by the exercise
of reasonable ditfgtmce said parry is use" so prevent.
16. ASSIGNMENT-DELOGATION. No right a Interval in thisoam I shall be nmlgeed or
delapdos of any obligstm ma ide by Seller wId—thew. itten pa edsdon of the Buyer. Any
atteatpeed amigmoent or delegation by Seiler shall be wholly void end totally ineffective for all
purpose onlea nude in conformity with this paragraph.
17. WAf AW No claim or right @rising out of to beads of this covered con be ditc&ali ed in whole
a or he pot by a waivenmwiaim of the claim a on right less the wdm ver or renciatios is
supported by cotuideradon and is is writing signed by l e aggrieved icy.
18. INTERPRETATION -PAROLE EVIDENCE. Tii writing, plan wry specification for bide and
parfrmance provided by Buyer b enasaream its advatitt for bids, and any other dota
provided by Seller n pat of iis bid. is blended by ilk parties as Not expression of then
mgreemert and intended also am complete and exc&exclusivet' k I of the arms of drew
servment. Wleaever a tam deioad by the Uniform Commercial Code is used b dds
egrseoers. the deloitian command in the Code is to control.
19. APPLICABLE LAW. This agmsmnv I abal be governed by the Uniform Commercial Code.
Where eve the arm "Uniform Commercial de" Cois mod, 9 Adi be constmed as meaning the
Uniform Coomereil Code n adopted b the Sea of Tears a effective on th ive and in fore
dale of" agreement eaevw 20. RIGHT TO ASSURANCE. Wbewe party to this contract is good bkh has rem om to
question do odor parry's imot to perform he my den" that de oth r party give written
taamaoW of bit *- indent to perm In the event due a demand is made and maa no nuisvens ce
Sim within five (5) days, the dansuding fai&ran party my teat ibis e n an ticipatory
repudiation of the contract.
21. INDEMNIFICATION. Seller shill isdemalfy, keep and save bamleas die Buyer, its agents,
ofBcishe and emmpbyea, apbrt all i*ieL deaths. hiss, damage calms. patent claims, suits,
its Wes. judgments. emu mod expensive which y hi a ywiee mane against the Buyer a
consequence of the paofisi ie of Ibis Contract or which may anywmmk dmaef)om, whether
or sot it shall be alleged or determined that the so was coined through negligence or emiuiom
of she Seller or its employees, or of the wb5eller or asigoee or is employee. Kerry. and the
Seller dalow . at his n expense, appear, defend and pay all chmges of attorneys sod all coots
and othereapeman arising therefrom of mcurrid in connection therewith. and if any jadginvt
sball be rteiadered against doe Buyer b any such action.'the Seller dull a its own expense -
satisfy and oWchsr it tie roe Sella expressly umdentaeds and uoea dot my bond requited
by this contract, or otherwise provided by Selo. shtllein so way limit the responsibility to
indemnify. kip and am hermless and defend the Buyer n besis provided
22. TIME. b is bmby expressly agreed and understood the time is of the eas sa for the
pnc erformae of this eostract, mad fiihae by cautract to mat de time pecifictioas of tlus
agreement will awe Seller to be b defnuh of this agreement.
23. MBE, The City of tabback hereby notifies all bidders that in regard to any contract entered
into pursuant to this request, minority and en wombusiness enterprises will be afforded erpal
opportunities to submit kids at response to this invitation and will riot be discriminated agaim
on the grounds of race. color, sea or natural origin inconsideration for an award.
Rev. 08l2005