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HomeMy WebLinkAboutResolution - 2012-R0152 - PO - Twincrest Technologies - Radios - 04_10_2012Resolution No. 2012—RO152 April 10, 2012 Item No. 5.13 RESOLUTION I 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. 93000021 for the purchase of 5.8 GHz Ethernet Radios as per Texas Smart Buy Contract 550-A2, by and between the City of Lubbock and Twincrest Technologies of Mansfield, 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 on April 10, 2012 TOM MARTIN, MAYOR (ATTEST: 11 6.0 -5�- Rebe a Garza, City Secretary ('� I APPROVED AS TO CONTENT: /11&/LJ-LA�7, JZOJ Marsha Reed, P.E., Chief Operating Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocslRES.Twincrest Technologies-PurchaseOrd March 27, 2012 city of Lubbock TEXAS PURCHASE ORDER TO: TWINCREST TECHNOLOGIES TWINCREST INC DBA 1315 HWY 1187 STE 104 MANSFIELD Texas 76063 Page - I Date - 03/27/2012 Order Number 93000021 000 OP Branch/Plant 92216 SHIP TO: CITY OF LUBBOCK TRAFFIC CONTROLS BUILDING 202 MUNICIPAL DR LUBBOCK Texas 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. Box 2000 LUBBOCK, TX 79497 BY: Marta lvsre i for o rchasin & Conlract Mana emerrt Ordered 03/27/2012 Freight Requested 05/10/2012 Taken By C ISAACS Delivery PER COOK R REQ 39325 TXSMARTBUY CONTRACT 550-A2 Description/Supplier Item Ordered Unit Cost UM Extension Request Date Intuicom Broadband Training 1.000 1,000,0000 EA 1,000.00 05/10/2012 Quote No. 1971-JJ Intuicom EB-58 5.8G1-Iz Radio 60.000 1,790.0000 EA 107,400.00 05/10/2012 Intuicom AP-58 4 RadioCluster 3.000 4,720.0000 EA 14,160.00 05/10/2012 LMR400 Coaxial Cable (LF) 120.000 1.1000 EA 132.00 05/10/2012 N-Type Male Connector 12.000 17.0000 EA 204.00 05/10/2012 Total Order Terms NET 30 DAYS 122,896.00 This purchase order encumbers funds in the amount of $122,896.00 awarded to Twincrest Technologies of Mansfield, TX, on April 10, 2012. The following is incorporated into and made part of this purchase order by reference: Price quotation no. 1971-JJ dated March 27, 2012 from, Twincrest Technologies of Mansfield, TX and Texas Smart Buy Contract 550-A2. Resolution# 2012—RO152 CITY OF LUBBOCK ATTEST: MW Tom Mirtin, Mayor Reb Vca Garza, City Secretary TERMS AND CONDITIONS IMPORTANT' READ CAREFULLY STANDARD "PERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: 1 SFLLER TO PACKAGE 60005. Seller will Package goods in accordance with good commercial practice. Each shipping cantainer shall be clearly and permanently marked n follows (a) Seller's name and address, (bl Camigms's name, address and pumhaae order or purchase release number and the supply agreement number if applicable. (c) Cnn(amer number and tout number of containers, e.g. box I of 4 boxea, and (J) the number of the container hearing the packing ;lip. Seller shall hear cost of packaging unless otherwise provided, Goals shall be suitably packed to secure lowest transportation casts and to conform with requirements of common carriers and any applicable specifcaions. Buyer's count or weight shall he final and conclusive on shipments not accompanied by packing lieu. Z. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is inn authoited to ship the goods under reservation and no tender of a bill of lading will ("rate as a tender of goods, 3. TITLE AND RISK OF LOSS. The title and nsk of loss of the goods shall not pass to Buyer until Buyer aciwgy receives and takes possession of the goods at the point of points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is nude which does not fully confonr6 this shall constitute a breach and Seller shall not have the not to substitute a conforming tender, pruvtded, where the time for performance has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may_ then nuke a conforming tender within the contract time but not afterward. S. INVOICES A 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 ilemited and transportation charges, if any, shall be listed separately. A :copy of the hill of lading. and the freight waybill when applicable, .hould be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. 0, Box 2000, Lubbock. Texas 79457. Payment shall riot he Jue until the above inauunernts 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 gruuhks, to ate Pram of entertainment, gifts or otherwise, were offered or given by the Seller, or arty agent err representative of the Seller, to any offices or employee of the City of Lubbock with 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 to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this pruviaion, Buyer shall be entitled, in addition rat any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS A TEST EQUIPMENT. 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, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extern feasible shall be identified by the Seller as such. 9. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be this contained in Seller's bid which Seller warrmts to be no higher than Seller's current process on orders by others for products of the kind aid specification covered by this agreement for simile quantities under similar of like conditions and mednoda of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others. or in the alternative. Buyer may cancel that contract without liability to Seller for breach or Seller's actual expense. b. That Seller warrants there no person or selling agency has been employed or reismal u solicit or secure this contract upon an agreement or understanding far cummiwion, percentage, brokerage, a comingest fee excepting bats fide employees of bona fide established commercial Or selling agencies maintained by the Sella for the purpose of securing business. Far breach of vicistion of Not warranty the Buyer shall have the tight in addition to any other right of right to canal this contract without liability said to deduct from the coribacs pica, or otherwise recover without liability and to deduct fmm Lire contnN pride, at otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shall rid limit or exclude any implied warranties add any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods fiumisbed will conform to the sperafkaicn, drawings, end descriptions listed in the bid invitation, and to the somplefs) furnished by the Seller. if any. In the event of s conflict or haween the rpeeifteanioro, drawings, and descriptions, the specifearioras shall govern Notwithstanding any provisions contained to the contractual agreement the Seller reprrvmu and warrants fault -fret performance and Isult-free resuit in the processing date and date related data (including, but not limited to calculating, comparing sod sequencing) of all hardware, software stood ftrmwsra products delivered and services provided under this Contract, individually or in cornbinuian, an the can may be from the effective date of this Contract. The obligations contained herein apply to products and services provided by the Sella, its sub - Seller or any third party involved in the creation or development of the products end services to be delivered to the Ciry, of Lubbock under this Contract Failure to comply with any of the obligations contained herein, may result in list City of Lubbock availing itself of any of its rights under the law and under this Contract including, but era 1 imited to, its right pataming to iaminuion or default The warranties contained herein are separate and discrese from any other warranties specified in this Convect, mod are nil subject to any disclaims of warranty, implied or expmsed, or limitation of elm Seller's liability which may be specifed in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 10. SAFETY' WARRANTY. Sella warrant* that the product sold to the Buyer shall conform to the sadards promulgated by the U. S. Department of Labor under the Occupational Safety and l lealth Act of 1970, In the event the product does not conform to OSHA standards, Buyer may mum the product for correction at reptareanent at ate Seller's expense. in the evert Seiler fails to nuke the apprcopria of correction within a reasonable nme, correction nude by Buyer wtll be at she Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGF.MENfS. As pat of this contract for Pak Seller agrees to ascertain whether 'goods manufactured in accodancir with the specifications attached to this agfameta will give rive to the rightful claim of any third person by way of infringement of the like. Buyer makes no warranty that the production of goals according ro the specification wolf nol give rise to such a claim, and in no v%ant shall Buyer be liable to Seller for indemnification in the event that Seller it sued of the grounds of infringement of the like. If Seller is of the opinion that an infringetneM or the like will result, he will notify the Buyer to this effect in wnting within two weeks an" the signing of this igreamem. If Buys does not receive notice and is subsequently held liable I'ur the infringement or the like. Seller will save Buyer harmless. If Seller in good faith ascertains the production of the goals in accordance with the specifications will result in infnnatnownt or the like. the contract shall be null and void. 12. RIGHT OF INSPECTION. Buyer shall have die right to inspect the goods at delivery before accepting them. 13. CANCELLA PION, Buyer shall have the not to cancel for default all or any pan of the undelivered portion of this order if Seller breaches any of the terns hereof including warranties of Seller of if the Seller becomes insolvent or cortuniu acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other rrnsnlies which Buyer may have in law or equity. 14. TERMINATION. rho perfatsnance of wok under this order may be terminated in whole, or in pan by the Buyer in accordance with this Irmistan. Tamtratnti of wok hereunder shall he effected by the delivery of the Seller of it "Notice of f ovo atom" specifying the extent to which perfomursce, of work unsex the order is terminated and She date upon which such termination becomes effccuve. Such right or termination is in addition to and not in lieu of the rights of Buyer so forth in Clause 13, herein. 15. FORCF MAJEURE. Neither pasty shall he held responsible for tones, resulting if the fulfillment of any terms of provisions of this contract is delayed or prevented by any cause not within she control of the party whose perkwonance 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 anemptel assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose untew made in conformity with this paragraph. 17. WAIVER. No claim or right sitting out of a breach of this contract can be discharged in whole a in part by a waiver or renunciation of the claim or right Worsa the waiver or renwx iation is supported by consideration and is in writing signed by the aggrieved party. 18. IN FERPRETATION-PAROLE EVIDENCE. This writing, plus any specifications for bids and perfonruroce provided by Buyer in its advertisement fix bids, and any Other documents provided by Seller as pan of his bid. is intended by the parties ss a final expression of their agreement and intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term dtftrwd by the Umforsn Commercial Coda is used in this agreement, the definition contained in the Code is to control. 19. APPLICABLE LAW. This agreentxnt shall be governed by the Uniform Conornexcial Code. Where ever the tam "Uniform Commercial Cade" is used, it shall be construed as meaning then Uniform Commercial Code u adopted in the Sate of Texas as effective said in force on the date of this agreement 20, RIGFIT TO ASSURANCE. Whomever one party to this contras 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 crude and no assurance is given within five (3) days, the demanding party may tree this failure as an anticipatory repudiation of the contract 21. INDEMNIFICATION. Seiler shall indemnify, keep and save harmleKe the Buyer, its agents, offlcials and eroployets, against all injuries, deddu, low, damage, claims, patent claims, suits, liabilities, ludyrrsanu, cases and rnptnses, which may in anywise accrue against the Bayer in consequence of the granting of thia Contract or which may anywise result therclitom, whether or not it stall be alleged or detarnimed thin the act was caused through negligence or o miseion of she Seller or its employees, or of the subSelia or assignee or its employees,. if any, and the Seller shall, u his oven expemo, appear, defend and pay all charges of ancissseys and all awes and adorer expenses arising therefrom of iroeuned in connection therewith, sods. if any judgment shall be renrodeted against the Buyer in any such action, the Sella shall, ea its own expense, satisfy and discharge the same Seller expressly underslatds and agates that my bond required by this contract, or otherwise provided by Sella, shall in no way limit the responsibility Lo indemnify, keep and save harmless and defend the Buyer u herein provided 22. TIME. It is hereby eapmsdy agreed and understood that lime is of the essence for the performance of this contract. and failure by contract to oases the time specifications of this agreement will cause Sella to be in default of this agreement 23. MBE. The City of Lubbock hereby notifies all bidden that in regard to any contract mitred into pursuant to this request. m ority and women business enterynsa will be affonkd equal opportunities to submit bids in response to this invitation and will real be discriminated against on the grounds of race, cola, sex or sutural origin in consideration for an sward 24, NON -ARBITRATION. Tba City reserves the fight to exercise any right or remedy available to it by law, contact, equity, or oherwise, including wtthcout limiation, the right to seek any aid all fares of relief in a coat of competart jurisdiction. Further, she City shall not be subject to any arbitration process prior to exercuiftS its unrestricted nghl to sod judicial remedy. The remedies an forth herein am cumulative and not tschaive, and may be exeseised concurrently. To awe extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 25. RIGHT TO AUDIT. At any time during the term of the contact, tar thereafter. sae City, or a duly and onLed audit represenative of the City or the State of Texas, at its exlwroae and a rraaartable times, reserves the right to audit Contractor's records and books releuam In all services provided to the City under this Contras. In the event such an audsl by the flay rem cads any errors or overpaymens by the City. ConRacutr shall refund the City the full t"sunt of Bach overpayments within thirty 130) days of such audit findingx ur the City, at its option, reserves the right to deduct such amaunu owing the City from any payment due Contractor. Rev,02 1012