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Home My WebLink AboutResolution - 2015-R0214 - Contract - OSI Batteries - Radio Batteries And Chargers - 06/25/2015Resolution No. 2015-RO214 Item No. 5.10 June 25, 2015 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. 12264 for Radio Batteries and Chargers, by and between the City of Lubbock and OSI Batteries, of Oakwood, Ill., 61858, 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 June 25 2015. GLE O SON, MAYOR ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: Mark Ye wood, Wssistant CIty Manager ".990110X.[.V0611161.7,p RES.Contract-Nbr 12264 -OSI Batteries 3.11.15 Resolution No. 2015-RO214 City of Lubbock, TX Contract for Services for Radio Batteries and Chargers THIS CONTRACT made and entered into this 25 day of ,lune, 2015, by and between the City of Lubbock ("City"), and OSI Batteries ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Radio Batteries and Chargers 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 Radio Batteries and Chargers. 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: 1. 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, Radio Batteries and Chargers and more specifically referred to as items one through five 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 four, 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 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. Q:Purchase/Bid Docs/ITB 15.12184 -PD, Radio Batteries and Chargers 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. 9. 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 nonappropriation 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 tennination 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 thirty (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- 12184 -PD, Specifications, and the Bid Form. Q:Pumhase/Bid Docs/rrB 15 -12184 -PD, Radio Batteries and Chargers IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK Gle obertson, Mayor AZ T: 0 Rebebea Gama; City Secretary C) APPROVEb AS.TO CONTENT: Cliffo Cro , Com�Jcat nsManager C ty, State, Zip Cod CITY OF LUBBOCK, TEXAS Purchasing & Contract Management Batteries for Hand Held Radios — Annual Pricing Specifications The City of Lubbock is seeking a contract for batteries for hand held radios for an 800 MHz radio system. The successful vendor will provide batteries for the City to include, but will not be limited to the following: 1. Supplier must enter exactly what they are bidding (including make and model) onto the bid form in order for the bid to be considered. 2. Supplier MUST submit with solicitation a spec sheet stating the volts, Mah, chemistry and cell manufacturer. 3. Batteries that are designated as being Intrinsically Safe must be certified as being FM (Factory Mutual) Certified. A copy of the FM Certification from Factory Mutual Global must accompany the sellers' response. Self Certified IS batteries are not acceptable. 4. Date of manufacture - Supplier must clearly label date of manufacture on battery. Label must not use a code that requires a manufacturer's specific conversion chart to determine age of battery. 5. Warranty — The batteries must have a 12 month warranty or better. Batteries must maintain a charge of 80% or better for the first year with normal use. 6. Battery order — Supplier shall accept purchase order numbers for battery purchases. All batteries shall be delivered to the City of Lubbock, Radio Shop, 530 36th Street, Suite 200, Lubbock, TX 79404. 7. Delivery Time — Delivery time is very important. Supplier must deliver order within 2-3 working days after receipt of order. 8. Battery Invoicing — An invoice or delivery ticket shall be included with any battery purchased. The invoice or delivery ticket shall include: battery part number, unit price, total price, and the City's purchase order number. Q:Pwchase(Bid Docs/ITB 15 -12184 -PD, Radio Batteries and Chargers City of Lubbock, TX Radio Batteries and Chargers Bid Tabulation June 25, 2015 ITB 15 -12184 -PD Radio Batteries mid Chargers Item Description Vendor Location Unit Price Ext. Cost 1 Hams P7300 2000 mAh or higher mAh OEM or equal to BT -023406-005 Battery Zone Bethlehem, PA $ 26 *NR OSI Batteries Oakwood, IL 41 8,200 Battery Solutions Lubbock. TX 44 8,748 ComLink Wireless **For Item 4, Battery Solutions of Lubbock, Texas bid meets the statutory requirements for consideration of location of a bidder's principal place of business Tech. Ft. Worth, TX 50 9,914 2 Harris P7300 2400 NIMAh or higher mAh OEM or equal to BT -023406-004 Intrinsically Safe FM approved EI Paso, TX 80 16,000 OSI Batteries Oakwood, IL 38 7,600 Battery Zone Bethlehem, PA 38 NR Battery Solutions Lubbock, TX 125 24,928 CommLink Wireless Tech FT. Worth, TX 136 27,270 3 Harris P7300 3600 mAh or higher mAh similar or equal to BT -023636-001 Battery Zone Bethlehem, PA 29 NR OSI Batteries Oakwood, IL 48 9,600 Battery Solutions Lubbock, TX 54 10,808 CommLink Wireless **For Item 4, Battery Solutions of Lubbock, Texas bid meets the statutory requirements for consideration of location of a bidder's principal place of business Tech Ft. Worth, TX 61 12,248 Sun City Communication EI Paso, TX 80 16,000 4 (Tech BC3506 QP -5 Intrinsically Safe FM battery Charger with (Tech BA4580 sleeves or equivalent Battery Zone Bethlehem, PA 800 NR CommLink Wireless Tech Ft. Worth, TX 968 9678 Battery Solutions Lubbock,TX 969 ""9692 5 Impact AC/DC-6-ma8 six bank charger or equivalent Manufacturer. Battery Solutions Lubbock, TX 216 1,080 OSI Batteries Oakwood, IL 230 3,450 CommLink Wireless Tech Ft. Worth, TX 380 5,700 Battery Zone Bethlehem, PA 385 5,775 Sun City Communications EI Paso, TX 540 8,100 Item by Item Sun City Communications Items 3 and 5 EI Paso, TX 24,100 OSI Batteries - Items 1-3 mrd 5 Oakwood, IL 28,850 Battery Solutions - Items 1-5 Lubbock,TX 55,257 CommLink Wireless Tech Items 1-5 Ft. Worth, TX 64,810 • NR Non -Responsive -Battery Zone of Bethlehem, PA **For Item 4, Battery Solutions of Lubbock, Texas bid meets the statutory requirements for consideration of location of a bidder's principal place of business because ])their principal place of business is in the City of Lubbock and 2) their bids is within 5%of the tow bidder from the non-resident bidder. bids meets the statutory requirement for consideration of location of a bidder's =AFher Uq Psuu .'-. fla SISI&RDPVW WWUWCbpne FmJ 1... 12.11 City of Lubbock TX Radio Batteries and Chargers Bid Tabulation June 25, 2015 principal place of business because 1) their principal place of business is in the City of Lubbock and 2) their bid is within 5% of the low bid from the non-resident bidder. 5:'NiJueilJ DY^^9e DyvISN`IIH ISIZINRDP io save W CWga�FUYTJ5M4 }lilol5