Loading...
HomeMy WebLinkAboutResolution - 2015-R0143 - Contract: GT Distributors, Inc. (No. 12266) - 05/14/2015Resolution No. 2015-RO143 May 14, 2015 Item No. 5.22 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, Contract No. 12266 for ammunition for training and duty, by and between the City of Lubbock and GT Distributors, Inc., of Austin, Texas, and related documents. Said Contract 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 14, 2015 AZ (j -KN C. ROl ERTSON, MAYOR ATTEST: Reb tca Garza, City Secretary APPRO ED AS TO CONTENT: Roger ts, Chief of Police APPROVED AS TO FORM: J ar ell, Assistant City Attorney vw:ccdocs/RES.Contract-GT Distributors April 21, 2015 Resolution No. 2015-RO143 City of Lubbock, TX Contract for Services For Ammunition for Training and Duty CONTRACT 12266 THIS CONTRACT made and entered into this 14`h day of May 2015, by and between the City of Lubbock ("City"), and GT Distributors. Inc. of Austin. Texas. ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for duty and training ammunition and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said duty and training ammunition. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: In accordance with City's specifications and Contractor's bid, copies of which are attached hereto and made part hereof, Contractor will deliver to the City, duty and training ammunition and more specifically referred to as Items one and two on the bid submitted by the Contractor or in the specifications attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. 3. The Contractor shall perform the work according to the procedures outlined in the Bid Form and Specifications attached hereto. The contract shall be for a term of one year, with the option of two, one year extensions, said date of term beginning upon formal approval. The City does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 5. Contractor shall at all times be an independent contractor and not an agent or representative of City with regard to performance of the services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 6. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 7. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 8. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on 30 days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 10. This Contract consists of the following documents set forth herein; Invitation to Bid No. 15 -12266 -SS, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year fust above written. Executed in triplicate. t CITY OF LUBBOCK Gle ert Mayor ATTEST: .#AeA�_4� /,�& Rebe ca Garza, City Secretary APPR D AS TO.0 Roger is Chief of Police APPROVED AS TO FORM: O&A�11 Jeff 1­14tlell, ssistant City Attorney CLINT WELCH Print Name 2545 BROCKTON DRIVE SUITE 100 Address AUSTIN, TX 78758 City, State, Zip Code BID FORM Ammunition for Training and Duty City of Lubbock, TX ITB No. 15 -12266 -SS In compliance with the Invitation to Bid 15 -12266 -SS, the undersigned Bidder having examined the Invitation to Bid and Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material, equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and for the prices set forth on this form. A bid will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate bids, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. The Invitation to Bid 15 -12266 -SS is by reference incorporated in this contract. The Bid Form must be completed in blue or black ink or by typewriter. PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed "Days After Receipt of0rder (ARO) Unless otherwise specified herein, the City may award the bid either item-by—item or on an all -or -none basis for any item or group of items shown on the bid. PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of %, net30 calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? SPumhaseBid Docs ffl) 15 -12266 -SS Ammunition for Tmining and Duty QTY UNIT OF UNIT PRICE' EXTENDED Delivery ITEM +/-) MEASURE DESCRIPTION BID COST Days ARO.. I. 210,000 Round .40 S&W Caliber Training $,2378 $ 49,938.00 180 Ammo, As Specified Herein 2. 70,000 Round .40S&W Caliber Duty Ammo, $.4092 $28,644.00 180 As Specified Herein Total Cost (Items 1-2) $ 78,582.00 PRICE: F.O.B. Destination, Freight Pre -Paid and Allowed "Days After Receipt of0rder (ARO) Unless otherwise specified herein, the City may award the bid either item-by—item or on an all -or -none basis for any item or group of items shown on the bid. PAYMENT TERMS AND DISCOUNTS -Bidder offers a prompt payment discount of %, net30 calendar days. Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form, payment terms will be NET THIRTY DAYS. The City will pay the successful bidder within thirty days after the receipt of a correct invoice or after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements, whichever event occurs later. Discounts for payment in less than ten days will not be considered. MOST FAVOURED PRICING: The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone else, including its most favoured customer, for like quality and quantity of the products/services; does not include an element of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period, the supplier should sell or offer for sale to any other customer, an equal or less quantity of similar contract products of like or better quality, at a lower net price(s) than provided herein, supplier agrees to notify the City and sell same product(s) at the lower price(s) on all deliveries made during the period in which such lower price(s) is effective. INTERLOCAL PURCHASING (optional): The City desires to make available to other local governmental entities of the State of Texas, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by the Interlocal Cooperation Act (Chapter 791, Government Code), the right to purchase the same services, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid Form in the space provided below if he/she will honor Political Subdivision orders in addition to orders from the City of Lubbock. Should these other governmental entities decide to participate in this contract, would you (the bidder) agree that all terms, conditions, specifications, and pricing would apply? SPumhaseBid Docs ffl) 15 -12266 -SS Ammunition for Tmining and Duty PRODUCT SPECIFICATIONS FOR AO CALIBER TRAINING AMMUNITION CALIBER: .40 S&W BRAND: Speer TYPE: Lawman (TMJ FN 53652) BULLET: 180 Grain, Brass Case CASE: Reloaded or manufactured casings are unacceptable. LOT IDENTIFICATION: Each lot shall be assigned a unique identification number to include the day, month, and year of manufacture, or assembly line on which manufactured. PACKAGING: Not more than 50 cartridges per box, nor 1000 per case. Each case to be marked with its corresponding lot number. PRODUCT LIABILITY: Certification of liability insurance and endorsements for not less than $1 million, issued for ammunition offered in this bid, will accompany the bid response. DELIVERY: Six month delivery from time of request. S:Pumhwe/Bid Dncs/M 15 -12266 -SS Ammunition for Training and Duty PRODUCT SPECIFICATIONS FOR AO CALIBER DUTY AMMUNITION CALIBER: .40 S&W BRAND: Speer TYPE: LE Gold Dot (GDHP 53962) BULLET: 180 Grain, Brass Casing Hollow Point CASE: Reloaded or manufactured casings are unacceptable. LOT IDENTIFICATION: Each lot shall be assigned a unique identification number to include the day, month, and year of manufacture, or assembly line on which manufactured. PACKAGING: Not more than 50 cartridges per box, nor 1000 per case. Each case to be marked with its corresponding lot number. PRODUCT LIABILITY: Certification of liability insurance for not less than $1 million, issued for ammunition offered in this bid, will accompany the bid response. DELIVERY: Six month delivery from time of request. STurohase/Bid DwsRrB 15 -12266 -SS Ammunition for Training and Duty