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HomeMy WebLinkAboutResolution - 2009-R0027 - PO - GT Distributors - Parts For Police Patrol Cars - 01/22/2009Resolution No. 2009—R0027 January 22, 2009 Item No. 5.15 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 parts used to outfit police patrol cars as per Buy Board Contract # 284-08, by and between the City of Lubbock and GT Distributors of Austin, 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. Passed by the City Council this 22nd day of January , 2009. TOM MARTIN, MAYOR ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: Mar Ye ad, As istant City Manager Chief information Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw/cedocs/Chad, Resolutietts/RES.GT Distributors-PurchaseOrd January 13, 2009 CITY OF LUBBOCK Y PURCHASE ORDER TO: GT DISTRIBUTORS BOX 16080 AUSTIN TX 78761 Page - 1 Date - 1/12/09 Order No. 341490 000 OP Brn/Plt - 3511 SHIP TO: CITY OF LUBBOCK RADIO REPAIR SHOP 1915 TEXAS AVENUE ATTN: JACK MORRISON LUBBOCK TX 79411 INVOICE TO: CITV OF LEIBBOCK ACCOUNTS PAVABLE P.O. BOX 2000 LUBBOCK, TX 79457 BV: Ordered - 01/08/09 Freight - FOB Destination Frt Prepaid Requested - 01/22/09 Taken By - FELIX ORTA Delivery - PER B. SWENSON REQ# 31994 BUYBOARD CONTRACT# 284-08 Description / Supplier Ite HS-C-SM-1225 12" CONSOLE HS-C-SM-SA MOUNTING BRACKET HS-C-3522-800 MONITOR MOUNT ASSY-MOTOROLA MW HS-C-3329-80-1 KEYBOARD MT-MW800 HS-C-TM-CV TRACK MNT/SETUP HS-C-TCB-7 TELESCOPING COMP BASE HS-C-3065-3S LOW PROFILE TILT SWIVEL FREIGHT Ordered UM Unit Cost UM Extension Req. Dt 91.000 EA 212.8000 EA 19,364.80 02/26/09 91.000 EA 30.8000 EA 2,802.80 02/26/09 91.000 EA 66.5000 EA 6,051.50 02/26/09 91.000 EA 91.000 EA 91.000 EA 108.5000 EA 88.9000 EA 92.4000 EA 91.000 EA 53.2000 EA 1.000 EA 1,421.9000 EA 9,873.50 8,089.90 8,408.40 4,841.20 1,421.90 02/26/09 02/26/09 02/26/09 02/26/09 02/26/09 This purchase order encumbers funds in the amount of $60,854, awarded on January 22, 2009, to GT Distributors Incorporated, of Austin, Texas. The following is incorporated into and made part of this purchase order by reference: Price Quotation dated December 08, 2008, from GT Distributors Incorporated, of Austin, Texas and BuyBoard Contract 284-08. Resolution# 2009—R0027 CITY OF LUBBOCK Tom Martin, Mayor ATTEST: Rebecda Garza, City Secretary 6 Total Order ------------------------------------------------------------------------------------- Terms NET 30 60,854.00 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: I. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with goad cominereial practice. Each shipping container shall he clearly and permanently marked as follows tat Se ier's name and address. Ib) Consignee's name, address and purchase order or purchase release number and the supply agrectnent number if applicable, icl Container number and total number of containers, e.g box I of 4 boxes. and (d) the number of the container hearing the packing slip. Seller ,hall bear cost of packaging unless otherwise provided Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carries and any applicable specifications. Buyer's count or weight shall he final and conclusive on shipments ntrt accompanied by packing lists. 2. SHIPMENT I NDER RESERtiAr10N PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of gads. 3. TITLE AN D RISK OF LASS. 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 REPL\CEMENT OF DEFECTIVE TENDER. Every tender of delivery ofgoods must fully comply with all laovesmrts of this contrail as to lime of delivery, quality and the like. If a tender is trade which does not fully conforms, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has nor yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then make a cor forming tender within the contract time but not afterward 5. INVOICES ct PAYMENTS. a, Seller shall submit separate invoices, in duplicate, one 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 To: Accounts Payable. City of Lubbock. P.O. Boa 2000, Lubbock, Texas 79457, Payment shall not he 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 groduitim in the form of entertainment, gifts or 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 w ith a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect io the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this provision. Buyer shall be enliticd. in addition to any ether rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS & TEST EQLIPMENT. If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, Stich special tooling equipment and any process sheets related thereto shall became the property ofthe Buyer and to the extent feasible shall be identified by the Seller as such. g. WARRANTY -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 ethers for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the iterns shall be reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may cancel thin contract without liability to Seiler for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage. or contingent fro excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seiler for the purpose of sectoring 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 contract without liability :md to deduct from the contract pricy or otherwise recover without liability and to deduct from the contract price, or Otherwise recover the full amount of such commission. percentage, brokerage or cumingent fee. 9. WARRANTY -PRODUCT. Seiler shall riot limit or exclude any implied warranties and any attempt to do so shall render 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 bid invitation, and to the samples) fiunished by the Seller, if any. 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 Seiler represents and warrants fauh-free performance end fault -fire result in the processing date and dare related data I including, hue not limited to calculating. comparing and equencing) of all hardware, ftware and firmware products delivered acid services provided under this Contract. ,odiv,.lu lly ,w to combination, as the ease may he twinti the effective date of this C.,mract. \Loin, the Seller warrants the year2000 cakulatidus will be rece prized and accommodated and wilt era. in any way, result in hardware, .uftw are or firmware failure. I he t'try of I-uhhuck, at its w+le option, may require the Seller at any time, to demunsuate the procedures it intends to rollow to order to comply with all the ohligations contained herein. the obhgauons contained herein apply to products and services provided by the Seller, its sub -Sellers any third party mvulvcd 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, tray result in the City of I-ubbock availing nsclfof'any of its rights under the law and under this Contract including but riot limited in. its right pettaming to termination or default. Fhe warranties contained herein ate separate and discrete from any Other warranties specified in this Contract. and are not %obicet to any disclaimer of warranty, implied or repressed, or limtation of the Seller's liability which may he specified In this Contract, as appendices, its schedules, its annexcs or any document incorporated in this Contract by reference. 10. SAFETY W'ARR-1NTY. Seller warrants that the product sold to the Buyer shall conform to the standards pmmulgaird by the L. S. Department of Labor under the Occupational Salery and Health Act of 1970. In the event the product does not conform to OSHA standards, Huyer may term the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable lime, correction made by Buyer will be at the Seller's expense. E I. NO WARRANTY BY BL YER AGAINST INFRING ESIENTS, As part otlhis contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the :pecificatinns attached to this agreement will give rise to the rightful claim of any third person byway of infringement of the like. Buyer make no warranty that the production, of goods according to the specification will not give rise to such a claim, and in no event shall Buyer It" liable to Seller for indemnification in the event that Seller is wed on the grounds of infringement of die like. If Seller is of the opinion that an infringement or the like will result. he will notify the Buyer to this effect in writing within two weeks after the signtmg of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. if Seller in gad faith ascertains the production of the goods in accordance with the specifications will result in infringement or tlx: like, the contract shall be null and void. 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery beftire accepting them. 13. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered portions of this order if Seiler breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent dx commits acts of bankruptcy. Such 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 perlbrinance of work under this order may be terminated in whole, or in part by the Buyer in accordance with this provision. Termination of wurk hereunder shall be effected by the delivery of the Seller of a "Notice of Termination" ape ifying the extent to which performance of work under the order is terminated and the date upon which such tenninalian becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Ctause 13, herein. 15. FORCE MAJECRE. Neither party shall be held responsible for losses, resulting if the fulfillment of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said party is 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 written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless cos& 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 1he claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 19, INTFRPRETATION•PAROLE EVIDENCE. This writing, plus any specifications for bids and perfamaince provided by Buyer in its advertisement for hide, and any other documents provided by Seller as par 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 terms of their agreement. Whenever a term defined by the Cnifarra Corrunercial Cody is used in this agreement. the definition contained in the Code is to control, 19, APPLICABLE LAW. This agreement shall be governed by the L'nifarm Commercial Code. Where ever the term "Uniform Commercial Code * is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreaneisl. 20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other patty's intent to perform he may demand that the other party give written assurance of his intent to perform In the event that a demand is mask and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 21. INDEMNIFICATION. Seller shall indemnify. keep and ,cave harmless the Buyer, its agents, officials and employees, against all injuries, deaths, less, damage, claims, potent claims. suils, liabilities. Judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence ofthe granting of this Contract or which army anywise mwlf therefrorrt. whether Or nor it shall be alleged rat determined that the act was caused throw negligence or omission of the Seller or its employee, OF of the saKSeller or assignee or its employees, i f any, and the Seller .hall. at his own expense, appear, defend and pey all charges of attorneys and all costs and other expenses arising therefrom of imumd in connection therew ith, and, ifan) judgment .hill hr-ndered organist the Buyerm any +uch a. i—, the `feller ihatl, at its own expenses, .atisfy and discharge the ame Seller expressly •inderstands and agrees that any fwind required by this contract, Or otherwise prov pled In Seller, .hall in no way limit the responsebiBry, to miermify, kerp and cave harmless and defend the Buyer as herein provuJeti '_' FIME. it is hereby expressly agreed and and".kxd thin time is of the essence for the pctformasice of this contract, and failure by contract to meet the time specifications of this agr"incrit will cause Seller to he in default of This agreement. 23- NIBE. The City of Lubbock hereby notifies all bidders that in regard to any .vnrract entered into pursuant to this reilucsi, minority, and women business enterprises will be atTorded equal opportunities to ,ubmit bids in response to this invitation and will nor be discriminated against ,+n the grounds of race, color, ,ex or natural origin in consideration for un award. Rev. 08/2005