HomeMy WebLinkAboutResolution - 2012-R0183 - PO - LDV Inc.- Mobile Command Center - 05_03_2012Resolution No. 2012—RO183
May 3, 2012
Item No. 5.24
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 for and on behalf of the City of Lubbock, Purchase Order No. 10005395 for the
purchase of mobile command center per Contract TXMAS-4-23V020, by and between
the City of Lubbock and LDV, Inc. of Burlington, Wisconsin, 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 May 3, 2012
TOM MARTIN, MAYOR
ATTEST:
Rebe ca Garza, City SeTretat)
APPROVED AS TO C
Scott Snider, Assistant City Manager
Community Services
APPROV D AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.LDV, Inc.-PurchaseOrd
April 19, 2012
41tibb"60ef k
iI1AS
PURCHASE ORDER
TO. LDV INC
180 INDUSTRIAL DR
BURLINGTON Wisconsin 53105
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000
LUBBOCK. TX 744S7
Page - 1
Date - 04/19/2012
Order Number 10005398 000 OP
Branch/Plant 100
SHIP TO: CITY OF LUBBOCK
FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK Texas 79403
BY: r10'
Marta
t
Ordered 04/19/2012 Freight
Requested 05/02/2013 Taken By C ISAACS
Delivery PER PORRAS J REQ 38557 CONTRACT TXMAS4-23V020
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
Mobile Command Center 1.000 148,514.0000 EA 148,514.00 05/02/2013
LDV Model # EODMCC 162339-10
Quote dated April 18, 2012
Total Order
Terns NET 30 DAYS
148, 514.00
This purchase order encumbers funds in the amount of $148,514.00 awarded to LDV, Incorporated of Burlington, Wisconsin,
on May 3, 2012. The following is incorporated into and made part of this purchase order by reference: Price quotation dated
April 18, 2012 from Incorporated of Burlington, Wisconsin and Contract TXMAS-4-23V020. Resolution## 2012—R0183
CITY OF LLoB^vCK ATTEST:
P . -0"
Tom Martin, Mayor Rebc a Garza, City Secretary
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CiTY OF LUBBOCK. TEXAS
Seller and Buyer agree as follows:
1. SELLER TO PACRAOE GOODS. Seller will package goods in accordance with Smd
commercial practice. Each shipping container shall be clearly and permanently matted as
follows Uhl Seller's now and address, (b) Consignee's ruve, address and purchase order or
purchase release number and the supply agreement number if applicable, (c) Convenernumber
and total number of canainen, e.S. boa 1 of 4 boxes. and (d) the number of the container
hearing the packing slip. Seller shall bear cast of packaging unless otherwise provided Goods
shall be suitably packed to secure lowest transportation costs and to conform w ith require"WLA
of common camera and any applicable specifications. Buyer's court or weight shall he final
and conclusive on shipments not accompanied by packing lima.
2 SHIPMENT UNDER RESERVATION PROHIBITED. Seller is nor authorized to ship the
goods under reservation and no Inds of ■ big of lodng will operate sec a tender of Saoda.
3. TITLE AND RISK OF LOSS. The title and risk of loss of the pods shall not pass to Buyer
until Buyer actually receives and lakes possession of the goods at the point or points of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must
fully comply with all provisions of" contract r to time of delivery, quality and the like. No
tender is Inside, which don net fully confosm, this shall constitute a broth and Seller shall not
have the right to substitute a conforming tender, provided, where the time for petformmce has
trot yet expired the Seller may reasonably, ntaily Buyer of his intention to cute and may then
make a conforming tender witsin dw contract time but not afterward
S. INVOICES R PAYMENTS. a Seller shall submit wparae invoices, in duplicate, one each
pumhssa order or purchase relear arm each delivery, tovoica shall indicate the Purchase
order at purehra releass member and tiro supply sptcsmat number if apllkabk. invoices
shall be itemized and transportation charges, if arty. shall be listed orparatcly. A copy of the
bill of tadimg, and the freight ws*8 wbm applicable, should be anachad to the invoice. Mail
To: Accatmu Payable, City of Lubback. P, O. Box 2000, Lubbock, Toss 79437. Payment
shall not be due until the above imus rmm ws submitted arise delivery.
6. GRATUITIES. The Buyer may, by written notice to the Seller, caned this contract without
liability to Seiler if it is determined by Buyer dust gratuities, in the form of entertainment, gifts
or otherwiss, went offered or givm by the Sella, or any agent at representative of the Seller, to
any ofOcw or employee of the City of Lubbock widk a view to securing a contract or securing
favorable tnamwm with nape t to the awarding or ammoling, or cha making of any
doertind"m with respect to the performing of such a contract. In the went this contract is
canceled by Buyer pttrat om to this provision Buyer shall be entitled, in additloa to any other
no" and romwdia- to recover or withhold the amour of the cat incurred by Seller in
providing such SmbdtkL
7. SPECIAL TOOLS A TEST EQUIPMENT. WIN price stated on the taco hereof includes the
cost of cry special "as or special tea e9u ipmeng fabricated or requited by Seller for the
purpose of filling obis order, such special tooling equipmes. and any process sheets related
thereto shall breams dw property of tar Buyer and to the extern feasible shall be identified by
the Seller r such.
8. WARRANTY -PRICE.
a The prig to be paid by the Buyer shall be, that contained in Seller's bid which Seiler
warrants to he no higher thm Setler's current process on ordo by others far products of the
kited sad specification entered by this ngremhmt for smiler quantities Leader similar of like
conditions and mrshods of purclrw. In the event Seiler breaches dus warranty, the peicas of
de items shall be reduced to the Scfier's current prices on order by ohcrs, or in the
alternative. Buyer may cancel this contract withrt liability o Seller Sae breach or Seller's
actual expatme. b. The Seller warrants that no person or selling agency has been employed as
retained to solicit or sows this contract upon as arm or understanding for commission.
sion.
percentage, brokerage, or contingent Isis excepting bores tide eaVloyess of hosts fide
established commercial or saRkyg agencies manlared by the Seiler for be purpor of sawing
business. For inweh of viciaise of this warranty dw Buyer shall have the right in addition to
any other right of riglas to conical this contract without liability and to deduct fta the contract
price, or otherwise recover wit aaw hob lily and to deduct from rive contract price, of otherwise
recover the full amount of such commiwkwn..,cc lLoge. brokerage or contingent lee.
9. WARRANTY -PRODUCT. Seiler shall nr lime or axcludde my implied warranties and any
suempt to do sic shall rends this comsat voidable at dw option of the Buyer. Seller warroom
that the goods handed will conform to the specilkatlan dnwinge, and daarprtow listed in
the bid invitation, ad to the somps(s) tmnithad by IN Sella, if any. lm dw avant of a conflict
or between the specifiatiora, drawings, and dow-riptam, dw spedficaiar tall govean.
Notwithaardng my provisions contained in the contractual agreement, the Seller represents
and warrants FwWfrm porformsnce rd Auk -free result in the processing data and dew related
data (including but not limited to cakulehng, comparing and sequenciaW of all hardware.
so0twon and fhmwsts produces delivered and services provided under this Contract.
individually or in combination, r " case may be Rom the effective dew of this Contma.
The obligations contained heron apply to products and services provided by des Seller, its sub -
Seller or any third party involved in the creation or development of too poducts and services to
be delivaed to Use City of Lubbock under the Crdra t. Failure to comply with any of to
obliSmiaes contained he, may result in to Cky of Lubbock availing itself of arty of Its
rights under the Inv and tarter this Contract includmg, but not limited w in right pertaining to
termination or default. The wsmratieo comwaed herein am separate and docrsk Bane my
other warranties specified In this Crnmact ad are not arbjoer to my disclaimer of warranty,
implied or expreissd, or Ibnitmion of to Sella's liability which may be specified in this
Cortlnet its sppadiam its schedldes, its antexea or any docum mi incorprated in hhia
Contract by reference.
10, SAFETY WARRANTY. Seiler warrow do the product wW to the Buyer sltsll conform to
the standards promulgated by the U. S. Deportment of Lahm under the Occupational Safety end
1 kaih Ad of 1970. In the event the product don not conform to OSHA sta Beth. Buyer may
return the pnxhwt for correction or replacement at the Seiler's expense. in the event Seller
Ain to make the Appropriate corraetion within a resawbla tins, correction made by Buyer
will be at the Ssdler's "prose,
11. NO WARRANTY BY BUYER AOAINST INFRINGEMENTS. As pen of this contract for
sale Seller spas no ascertain whether gouda manufactured in accordance wish the
specifkaiom attached to Ells agreement will give rise to the riehthal claim of my third person
by way of infringement of the like. Buyer males no warwy that the production of goods
anotdht8 to the specification will not give rise to such a claim, and in no event shall Buyer be
liable to Seller for indcmnif'rcaion in the event that Seller is sued on the Srowds of
Infringement of rise like. If Seiler is of the ophtim the an Infringement or the like will result,
he will notify the Buyer to this effect in writing within two weeks after the signing of this
agreement. If Buyer does not receive notice arrd is subsequamiyr held liable for the
inhingemem or the like. Seller will save Buyer harmlen. If Seller in good faith wAlusins the
production of the goods in accordance with the specifications will result in Infringe Lie or the
like, the contract shall be null and void
12. RIGHT OF INSPECTION. Buyer lull have the right to impact the goods at delivery before
arxepng theta
13. CANCELLATION. Buyer shall have the right to casual for default all or any part of the
undelivered portion of this order if Seller breaches my of the lams hereof including warranties
of Seller or if the Seller becomes insolvent or commits ace of 6ankntpsey. Such right of
cancellation is in addition to and owl in lieu of any other remedies which Buyer may have in
law of equity,
14. TERMINATION. T a performance of wok under this order may be wortineed in whole, or in
pas by the Buyer in accordance with this provision. Termination of work hereunder shall be
effected by the delivery of IN Sella of a "Notice of Termineioxn" specifying the extent to
which performance of work under the order is terminated and the dark upon which such
terminaion becomes effective. Such trgbl r tominuim is n addition to and not in lieu of the
righu of Buyer on forth in Clam 13, herein
15. FORCE MAJEURL Neither party stall be held respamible for Wooss, 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 wids, and which by the exercise
of mason" diligence said prey is unable to pmatL
16. ASSiGNMENT•DELEOATION. No right or interest in this conract shall be assigned or
delegation of any obligation made by Seller without the written permission of the Buyer. Any
warped assigrmvent or delegeeion by Seger lull he wholly void and totsly ineffective far an
Purpose unless me& in conformity with out paragraph.
17. WAIVER. No claim or tightrising tut of a bench of this tansies an be, disclhrged n whole
or in pet by a waiver or ranrutcirlee of the ckint or right unless the waiver or remaneiation is
wpporud by consideration ad to ion weirlmg alped by that stupieved parry.
18, INTERPRETATION -PAROLE EVIDENCE. This writing, plus any ryecifleNioem for bids rod
perfeermea provided by Buyer in its advaswmue far bide and say other doeummis
provided by Seiler as pat of his bid. is intended by the parties to a final expraann of their
agreement and 'attended oleo as a complete and exciusive statement of the terror of their
agmeemmi. Whenever a tam defend by tie Uniform Commenud Code is used in ibis
agreement, the definition contained in the Code is to control.
19, APPLICABLE LAW. This agreement shall be govermed by the Uniform Commercial Cade.
Where ever the urn "Uniform Commercial Code' is umd, it "I be crrrutruad as mmeming too
Uniform Commercial Code as adopted in the Slam of Texas ss effective and in forte on the
dare of this agremstmR,
20, RIGHT TO ASSURANCE. Whervever ate party to this contract in good faith Me reason to
question the otter patty's intent to performs he nosy demansd tha the otter party giro written
assurance of his imam to perforoL to the event this a demand IS muds ad no arautranoe Is
given within five (3) days, the demanding prey may meat this faRm as an anticipatory
repudirion of the commm
21. INDEMNIFICATION. Seller "I indemnify, keep and save harmlea the Buyer, its agent
officials and employees, against all iglta+et deaths, losw damsgss, claims, pawns clam. suits,
liabilities, judgments, casts and expermos, which may in anywise mcnhe aping dw Buyer in
consequence of the grmung of this Coomw or which ray anywise Inwlt the eRtrn, whether
or not it shall be alleged or determined that the no war carted trough megligmca or ontisscm
of this Seiler or its employess, or of dw ab.9eller ar assignee or its sxnploi a if my, and the
Seller tall. at his owns exF , appaer, detbnd and pay all ckagr of annoys and an cams
and otter expenara rising thafa@am of incur nd in connection tlsaewitk art, if any judgment
what bs rerhdaed spires the Buyer in any such action, the Seller shall, at its own exporters,
ssuafy and discharge the some Sellr expressly odcrou" and agrees that .cry bond required
by this corstract, or othhernim provided by Seller, shall In no way Imo the respolmlbanhy to
imdceofy, keep and Nye harmless and defend the Buyer a henain provided.
22. TIME, It is hereby expressly agreed and understood the time is of the essence fiw the
pariammanee of this contract, snd Whom by comma to meet the time specifications of this
agreement will cause Seller to be in deflult of this agreement.
23. MBE The City of Lubbock hereby notfla all bidders that in regrd to any contract entered
into puawmt to this request. minority and women burins enletprims will be afforded equal
opportunities to submit bids n response to this invitation and will not be diwrimnaeed spin"
an the gretaaL of race, color, sex or natwal origin in considaetio t far an award.
24. XON•AitBITRATION. The City reserves the right o exercise any right or remedy available to
itby law, cor etacequity. err atherwise. including widum Btwmion tr riebt to seek my and
all form of relief in a covet of campateet jurbdktlmL Furtbar, the City shall rot be subject to
arty srbimarnt process prior to ex rci il; its unrestricted right to sale judicial tenaedy. The
remedies art forth herein am cumulative and not exclusive, end may he exercised concurrently.
To the extent of arty conflict betwem dus provision and Mlalhpt pmvislm in. or relaed to, this
document. this provision that! dxmnmmd
23, R IOIfT TO AUDIT. At any time during the term of the contrnp, or thrrcefls, The City, or a
duly authorized audit mpsrsmsstive of the City or the State of Texas, at its expense and at
reasonable cirrus, reserves IN right to sells Conmacrds ramrds and books rtelevam to all
servka provided to the City under this Contract. in the event such an audit by roe Csp reveals
any reran or ot"ymtenas by the Cmy. Contnic r shall refund IN L'Mv the fog ommot of
such merpmyme me within thirty (30) days of such audit flndinga, or the City, at as. r"ien,
resena the right to deduct such samums owing &a City sat stay payments dua Contrwsor.
Rev, 02 2012