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HomeMy WebLinkAboutResolution - 2009-R0012 - PO - Kustom Signals Inc.- Radar Units - 01_08_2009Resolution No. 2009—R0012 January 8, 2009 Item No. 5.16 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 the purchase of Radar Units for new Police Vehicles as per HGAC Contract # EF04-07, by and between the City of Lubbock and Kustom Signals, Inc. of Chanute, Kansas, 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 8th day of January , 2009. TOM MARTIN, MAYOR ATTEST: Rebec .aa Garza, City Secretary APPROVE- D AS TO CONTENT: Mar Yea ood, Assistant City Manager Chie Information Officer APPROVED AS TO FORM: C ad Weaver, Assistant City Attorney vw,'ccdocs/Chad/Resolutions/RES.Kustom Signals, Inc.-PurchaseOrd December 23, 2008 CITY OF LUBBOCK Y TO: U R C H A S E ORDER KUSTOM SIGNALS INC PO BOX 947 CHANUTE KS 66720-0947 Page 1 Date 1/02/09 Order No. - 340878 000 OP Brn/Plt 2241 SHIP TO: CITY OF LUBBOCK RADIO REPAIR SHOP 1915 TEXAS AVENUE ATTN: JACK MORRISON LUBBOCK TX 79411 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK. TX 79457 BY: Ordered - 12/19/08 Freight Fub uestination Frt rrrepaia Requested 01/08/09 Taken By FELIX ORTA Delivery PER J. MORRISON REQ# 31891 HGAC CONTRACT# EF04-07 Description / Supplier Ite Ordered UM Unit Cost ----- UM - - Extension Req. Dt ---------------------------- #38 EAGLE II ANTENNA ----------- 51.000 -- EA ---- 1,205.0000 EA 61,455.00 02/10/09 #62 SEPERATION PLATES 51.000 EA 196.0000 EA 9,996.00 02/10/09 HGAC FEE 1.000 EA 963.1400 EA 963.14 02/10/09 SHIPPING 1.000 EA 408.0000 EA 408.00 02/10/09 DEDUCT DUAL ANTENNA 51.000 EA 150.0000- EA 7,650.00- 01/08/09 This purchase order encumbers funds in the amount of $65,172.14, awarded on January 08, 2009, to Kustom Signals Incorporated, of Chanute, Kansas. The following is incorporated into and made part of this purchase order by reference: Price Quotation dated December 22, 2008, from Kustom Signals Incorporated, of Chanute, Kansas and HGAC Contract EF04-07. Resolution# 2009-R0012 CITY OFLUBBOCK Tom Markin, Mayor ATTEST: Reber a Garza, City Secretary Total Order -------------------------------------------- Terms NET 30 65,172.14 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: L SELLER To PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows tall Sellers name and address, Sb) Consignee's name. address and purchase order or purchase release number and the supply agreement number if applicable, (cl Container number and total number ofcontainers, e.g. box I ofa boxm and id) the number of the container hearing the packing slip. Seller shall hear cost itFpackaging unless otherwise provided Goads shall be suitably perked to securr lowest transportation costa and to conform with requirements of comet on carriers and any applicable epecificatioas. Buyer's count or wnghn shall be fruit and conclusive on shipments not accompanied by packing lists. 2. SHIPMENT I NDER RESERV.A f1ON PROHIBITED. Seller is not authotued to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 3. TITLE 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 &sands at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of dclivery of goods mum fully comply with all provisions of this contnect as to lime of delivery, quality and the mite. 1f a tender is made which does not fully conform, this shall constitute a breach and Seiler shall not have the right to substitute a conforming tender, provided whets the time for performance has not yet expired, the Seller may reasonably notify Buyer of his intention to cue and may then make a conforming tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. Sella shall submit separate mvoKes, in duplicate, one each purchase artier or purchase release after each delivery. invoices shall indicate the purchase order or purchase release number and the supply agreement number dapplicable. Invoices shall be itemized and transportation charges. if any, shall be listed separately. A copy of fhe bill of lading, and the freight waybill when applicable, should be mashed to the invoice. Mail To: Accounts Payable, City of Lubbock, P. O. Box 2000, Lubbock, Texas 79451. Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUrrIES, The Buyer may, by written notice to the Seiler, cancel this contract without liability to Sella if it is determined by Buyer that gratuities, in the form of en rertairtment, gifts at otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view to securing a contract or securing favorable treatment w ith inspect to the awarding or amending, or the making of any determinations with respect to the perfonning of such a contract. In the event this contract is canceled by Buyer pursuant to this provision, Buyer shall be entelled. in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS 3 TEST EQUIPMENT. If the price stated on the face hereof includes the cost ofany special tooling or special test equipment fabricated or required by Sella for the purpose of tilling this order, such special tooling equipment and any process sheets related thcreto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 9, WARRANT'Y-PRICE, a the price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current process on orders by others for products of the kind and specification covered by this agreement far similar qualities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Scller's current prices on ewder% by tethers. it in the alternative. Buyer may cancel this contract withow liability to Seller for breach or Seller's =full expense, b. The Seller warrants that no Mum or selling agency has besn employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bone fide established coranercial or selling agencies maiataued by the Seller for the purpose of securing business, For breach of vitiation of this warranty the Buyer shall have the right in addition to any Who 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 conrrau-r price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 9. W ARRAN rY-PRODUCT. Sella shall not limit cr exclude any implied warranties and any anempi to do so shall tents this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will conform to the specification, drawings. and descriptions listed in the bud invitation, and to the samplers) furnished by the Seller, if any. In the event of a conflict or bctweem the specifications, drawings, and oescnptions. the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -fire pefOrinartce and fault -face result to the processing dale and date related date I including, but riot limited to cakulatvsg cemparng and -equencing) Jail hardware, ,aftwwr and fimtwarr products ,ielivered and -,crvices p mvtded under this Uon tact, ,cidiv dually or in wmbmation, as the case may he from the etlectnve date of this Contract. Also, the Seller warrants the year2000 cakularions w ill be recognred and accommodated and will not, many way. result in hardware, ofhvare or ffrtirware failure. the C ityof Lubbock, at its wile option, may require the Seller, at any time, to demonstrate the procedures it intends to follow in order to Whiply with all the obligations contained herein. the obligations coniamed herein apply to products and services provided by the Stlltr, iaa sub -Seiler or any third party involved in the creation or developnne it of the products and services to be delivered to the City of!.ubbuck under this Contract, Failure to comply with any of the obligation 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 nor limited to. its Tight pertaining to termination or default. the warranties contained herein arc separate and discrete from any other warranties .pcctfied in this C'omract, and are nos .abject to any disdarmer of warranty. implied or espressed, or innnitation of the Seller's liability which may be specified to this Contract, its appendices. its schedules, its annexes or any document incorporated in this Contract by reference. 10, SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall cdnforttn to the standards promulgated by the L . S. Department of Labor under the Occupational Safety and Health Act of 1910. In the event the product don not conform to OSHA standards, IJu3,r may return the product for correcitcn or replacement at the Seller's expense. In the event Seller faits to make the appropriate correction w uhin a reasonable time, correction made by Buyer will he at the Seller's expense. 11. NO WARRANTY BY SLYER AGAINST INFRINGEMENTS..As parr of this contract for sale Seller agree to ascertain whether goods manufactured in accordance with the specifications attached to this appecmetrt will give rise to the rightful claim of any third person byway of infnrigernent of the like. Buyermakes no warranty that the production of goods according to the specification will not give rise to such a claim, and m no event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of in hingb me t of the like. If Seiler is of the opinion that an infriagraent or the like will result. he will notify the Buyer to this effect in writing within two weeks afher the signing of this agreement, IT Buyer does not receive notice and is subsequently held liable for the infringement or the like. Seiler will save Buyer harmless. if Seller in good faith ascertains the production of the goods in accordance with the specifications will result 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 he&xe accepting them 13. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller became insolvent or commits acts of bankruptcy. Such nght of cancellation is in addition to said not in lieu of any other,— les which Buyer nay have in law or equity. 14. TERMINATION. The performance of work under this order may be terminated in whole, or in pan by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Notkx of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause 13, herein. 15. FORCE MAJEL RE. Neither parry shall be held responsible for losses, resulting if the fulfillment orany tam ❑fpravisions oftho contract is delayed or prevented by any cause not within the control of the parry whose performance it interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. I& ASSIGNMENT-DELEGATfON. No right or interest in this contract shall be assigned or delegation orany obligation mate by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless mode in conformity, with this paragraph. 17, WAIVER. No claim or right arising out of a breach of this contract can use discharged in whole or in part by a waiver or rrnunciatinn of the claim or right unless the waiver or renunctation is supported by consideration and is in writing signed by the aggrieved party. 18. INTERPRETATION -PAROLE EVIDENCE, This writing, plus any specifications for bids and performance provided by Buyer in its advernsement for bids, and any other documents provided by Seller as part of his bid era imended by the parties as a final expression of ihew agreement and intended also as a complete and exclusive statement of the reran of thew agreement. Whenever a term defmcd by the Uniform Comrnacial Code is used in this agreement, the definition contained in the Code is to control. 19, APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Where ever the term' Erniforrn Commercial Code" is used it shall be cinstnued as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 20. RIGHT TO ASSURANCE. Whenever one parry to this contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of her intent to perform. in the event that a demand is made and no assurance is given within five 151 days, the demanding parry may treat this failure 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, deaths, lose, damages, claims. patent claims, suits, liabilities. Judgments, costs and expenses. which may in anywise accrue against the Buyer m consequence of the granting of This Contract or which troy anywise result therefrom, whether dr not it shall be alleged or determined that the act was caused through negligence or emission of the Seller or its empkoyees, or of the sub>.SOL-r or assignee or its rmployera, if any, and the Seller ;hall, at his awn expense, appear, defend and pay all charges of attorneys :rnd all costs and .thercxpenscsartsmgtherefrom ofincurred m onnestion thrrmith,and ifanyiuclgrncnl .hall he rendered against the Buyer in any arse h aclioe. the -tiler %hail. at its own cxpenses, ,aIssfy and discharge the same Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by Seller. hall m no way limit the rrspmsibdity to mdentrufy, keep and save harmless and defend the Buyer as herein provided 22. FIME. It is hereby expressly agreed and understood that time is of the essence for the performance of this contract. and failure by contract to enter the note specifications of this agreement will cause .Sella to be in default of this alpeerrent. '3. ALBE, The City of Lubbock hereby notifies all bidders that in regard to any .contract entered into pursuant to this request, minonty and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be dismurmated against on the fgounds of race. color, sex or natural origin m consideration for an award - Rev. 08/2005 CONTRACT PRICING WORKSHEET For Standard Equipment Purchases Contract i EF 04-07 No.: Date 12/22I2008 Prepared: This Forth must:beprepared by Contractor andgiven to End Vser, Th:W-GAC administrative fee shall be shown in Section F End User issues PO to :Contractor, and MUST also fax a copy of PO, ilzgether with completed Pricing Worksheet, to H-GAC@ 713-993-4548. Please.typeorprintlegibly.. Buying :Lubbock Police Department Agency. Contractor: ;Kustom Signals, Inc. Contact ;Jack Morrison Person: Prepared ; Valcry Rice By: Phone: ;806-775-3000 Phone: ;800-458-7866 Fax: ;806-775-2662 Fax: ;913-492-1703 Emafl: EMU: vrice(aD_kustomsignals.com Product AC 05 Code: Description: Eagle II A. Product Item Base Unit.Price.Pier: ContragQli's GAS. Qnt act: 1,'u5 B. Published Options, - Itemize below Attach additional sli:$t:t(s) necessary Include:Qpt- ' Code in' description. if applicable, (Note: Published Options arc options which were sub. #fitted acid prict:d ip Contractor's. Enid.) Description Cost Description Cost Subtotal From Additional Sheet(s): r Subtotal B: 0 C. Unpublished: QptioM %ernize belois / art Cl>< ad�Iltll6ltitl he l(($)11F11 Ci SS 1 jK - -°- (Note: UinpubGsired optioits;ere tterriS'.Wh eh":wemnot: ubinittt i aa;d priced to Gonttasitor'sbxd } Description Cost Description Cost Seperation it 196 Subtotal From Additional Sheet(s): Subtotal C: 196 Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit:;: For this transaction the percentage is: 16% Price plus Published Options (A+B), D. Other Cost.Ytems Nnt Xtena�z d AbpYe (e:g )tnstallittonifirvi ht. AcH . ,Etc ..... (Description Cost Description Cost S&H 29.00 X 3 g Subtotal D: 8 E. Total Cost Before Any Applicable Trade -In I:Other A[Iowances t Discounts (A++C+I1): 1409 Quantity Ordered: 51 X Subtotal of A + B + C + D: 1409 = Subtotal E: 71859 F. 11-GAC: Fee.Calculatton (Froin,eurrent,lieealiles} Subtotal F: j 963.14 G, Trade -Ins / Other Allowances I Special Discounts. - Description Cost Description Cost Deduct-7,650.00 Subtotal G: -765q beIive' ' 6te 30 days AR H, Tfit l:'urchase Met (E+F+G): 65172.I4