HomeMy WebLinkAboutResolution - 2012-R0047 - PO - Fleet Safety Equipment Inc.- Police Vehicle Upfitting Equipment - 01/26/2012Resolution No. 2012-R0047
January 26, 2012
Item No. 5.20
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. 10004509 for the
purchase of police vehicle upfitting equipment, by and between the City of Lubbock and
Fleet Safety Equipment, Inc. of Houston, 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 January 26, 2012
TOM MARTIN, MAYOR
ATTEST:
"Ze-4�- - -9<
Re ecca Garza, City Secretary
APPROVED AS TO CONTENT:
Mark earw d, Assistant City Manager
Chief Information Officer
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs/RESFIcet Safety-PurchaseOrd
January 6, 2012
javt!ro
lfcity of
l�bl)OCK
111AS
PURCHASE ORDER
TO:
FLEET SAFETY EQUIPMENT INC
5858 WALTRIP
HOUSTON Texas 77087
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000
LUBBOCK, -rX 79457
SHIP TO:
BY:
Page - 1
Date - 01105/2012
Order Number 10004509 000 OP
Branch/Plant 100
CITY OF LUBBOCK
FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK Texas 79403
Alvarcz. Director of PurcMsing 41 Contract
Ordered 01/05/2012 Freight
Requested 03111/2012 Taken By C ISAACS
Delivery PER TREVINO M REQ 38598 BUYBOARD CONTRACT NO. 363-10
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
Police Tahoe Equipment 1.000 192,183.0000 EA 192,183.00 03/11/2012
for Upfining
Total Order
Terms NET 30
192,183.00
This purchase order encumbers funds in the amount of $192,183,00 awarded to Fleet Safety Equipment, Incorporated of
Houston, TX, on January 26, 2012. The following is incorporated into and made part of this purchase order by reference:
Price quotation dated January 5, 2012 from Fleet Safety Equipment, Incorporated of Houston, TX and BuyBoard contract #
363-10, Resolution# 2012--R0047
CITY OF LUBBOCK 4ebe
T:
Ton Martin, Mayor Garza, City Secretary
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Buyer agree alt flows:
t. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good
commercial practin. Each shipping coouinee shall be clearly and permanently marked r
follows (a) Sella's name and adds, (b) CDnsignse's name, amm umd purchase order at
purchase relesee number and the supply agreement number if mpplicable, (c) Container number
and IoW number of containers, eg. baa I of 4 boxes, and (d) the number of the container
hearing the pacltins slip. Sella shall bar coat of packaging unless otherwise provided Goods
shall be suitably packed to secure lowest trtmsposomon cow and to conform with requirements
of common caraim and say applicable specifications. Buyer's count or weight shall be final
and conclusive on shipments not accompanied by packing lists.
2.. SHIPMENT UNDER RESERVATION PRORI131TED. Seller is not authorized to ship the
goods under reservation and no tarda of a bill of lading will operate o a tattler of goods.
3. TITLE AND RISK OF LOSS. The tide and nA of lam of the goods shall not pass in Buyer
uofsl Buyer actually receives and take posaaion of tie goods at the pours or points of
delivery.
4, NO REPLACEMENT OF DEFECTIVE TENDER Every tench of delivery of goods must
"comply with all provisions of this contract as to time of delivery, quality and the like. Ifs
tender is made which dos not fully conform. this %ballconstitute a breach and Sella shall nest
have due right to subatiture a conforming latch, provided where the time for performance has
not yes expired, the Seiler may reasonably notify Buyer of his intention to cure and may then
make a conforming tanda within the contract time but not aflawand,
7.. INVOICES A PAYMENTS.
a Sella shall submit seperase invoices, in duplicate, one each purchase order or purchase
release after each delivery. Invoices sW indicates the purchase Order ere purchase release
number ad the supply agreements. number if app(icabla Invoices shall be hanized and
transportation charges, if gay, shall be listed separately. A copy of the bill of lacing, and the
freight waybill when applicable, should be attached to the invoica Mail TO: Accounts
Payable, City of Lubbock, P. O. Boa 2000, Lubbock, Texas 79177. Payment shall not be due
until the above ioanumeots we submitted after delivery.
6. GRATUITIES. The Buys may. by written notice to the Seiler, cancel this contract wiNwut
liability to Sella if it is dd0amined by Buyer that gratuities, in the form of entertainment, gifts
or otherwise, was offered or given by the Sella, or any agent or representative of the Seiler, to
My Officer or mployne of the City of Lubbock with a view to securing a contract or securing
favorable nsaonca with respect to the awarding or amending, err the making of any
determinations with respect to the performing of such a contract. In the event this coonsen a
cmceled by Buyer pursuer to this proviuoa. Buyer shall be ismided, in addition to any other
rights and nomadism,to recover or withhold the amour of the cast incurred by Sella in
providing such gr>tuitim
7. SPECIAL TOOLS tk TEST EQUIPMENT. If the price stated on the face hereof includes the
cwt of my special maling a special tat equipment: fabricated or required by Seller fm the
purpose of fulling this order, such special tooling equipment and my process ghees reined
thaelo shall become the property of the Buyer and to the extent feuible shall be ideatifieed by
the Seiler as such.
9. WARRANTY -PRICE.
a. The prko to be paid by the Buys shall be that contained is Sealer'sbid which Seiler
warrants to be no higher than Seller's current process on orders by *than fa prodtic4 of the
kind and specification covered by this agreement for similar qumrities under similar of like
conditions and methods of purchase to the event Sella brescha this wrromy, the pricy of
the items shall be reduced to the Seder's current prices on orders by others, or is the
aitmnarive. Buyer may cancel this contract without liability W Seller for brtsci or Sella's
actual expenes
b. The Sella -rants dint no parents or calling agency has, been employed ear retained to solicit
or sews this connotes upon an agreement or understanding For commimnn, pecensage.
brokerage, or contitgml fee excepting boats Fide employees of bona fide established
cotamarehl or selling agenda maintained by the Sega for the pill Pon of socurmg bsfaas.
Fa kneads of viciation of this warrtsy the Buyer shall have t1r rigs is addition. to my otter
right of rights n caned this contract without liability and to deduct from the cooma Arks, or
otherwise teexrver, without liability and to deduct from the contract pries, or otherwise roi ovar
the full amount of such commiss;m, (ntcmtage, brakerge or contingcus fere,
9, WARRANTY -PRODUCT. Sella shell Oct limit Or exclude Say implied wernntis and any
anempt to do an shall reader this contract voidable at this, Option of the Buyer. Seiler wrraaf
that the goods furnished will conform to the specification, drawings, and desciptiaw listed in
the bid invitation. and to the manple(s) faroisiW by the Seller, if any. Ie, the evm of ■ conflict
or between the specifications, drawings, and demiptiooa, the specifications shall govern.
Nonwithis odiag any provisions confined in the cortrosenul agreement, due Seller represents
and waranb fault -free performance and fault -het result is the procsing ds and dna related
data (including, but not limited to calculating, compering and sequencing) of all haadwere,
sohwrt and ftrmweie products delivered and services provided under this Contract,
individually or in combinuioa as rhe case may be from the effective dim of this Courom
Alm the Sella warrants the yrm2000 cskulatioea will be rmogaimd and accommodated and
will ria, in my way, result in hrdwate, sellers or firmwre failure. The City of Lubbock. at
its sole optive, may require the Seller, in cry else, to demonstrate the procedures. it ins to
follow in order an comply with all the obligations contained haem. The obligoiosn cool-owd
hada apply to products said servica provided by the Seller, its sub-Selux or my third party
involved is the action at development of the products and aavkn to be delivered to this City
of Lubbock modar glia Cootan. Failure to comply with soy of tM obliguiow contained
her=b may ranks in the City of Lubhae# "ailing itself of my of its rights under the law and
under this Contrart including, but ria limited to, is right pertaining to termination or default
The warranting contained beam we seprts ad decrees from my other wwmo= specilled
to this Contract and ars not subject to my disclaimer of warranty, implied or exprowd or
limitation of the Seller's liability which may be specified in this Convect, is appmdka, its
xhadides, its sonata or any dxomem incorporated in this Contract by refaencs.
10. SAFETY WARRANTY. Sella warrants that the product sold to the Buyer shall conform to
the standards promulgated by the U. S. Deparmteat of Labor tarda the Occupational Safety and
Health Act of 1970. in the event the product does not conform to OSHA standards, Buyer may
rave the product for correction or mplacalas st the Seller's expense In the evens Seller
faits to make the appropriate correction within a reasonable time, correction made by Buyer
will beta the Seller's expense
I I, NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for
sale Seller agrees to acatsim whether goods manufactured in accordance with the
spec-ifications attached to this agnomen will give rise to the rightful claim of aery third person
by way of infringement of the like. Buys makes no warranty the the production of goods
according to the specificsdcm will not give rue to such a claim, and in no evm shall Buyer be
liable to Sella far indemrtificatioa in the every that Sella is sued an tie grounds of
infringement of the like. if Seller is of the opinion that an infringement or the like will result.
he will notify the Buyer to thin effect its writing withim two weeks alla the signing of this
agreements. If Buya does not receive nation and is subsequently held liabk for the
in hinssmss or the likes Sella will save Buyer harmless If Seller in good faith ascertains the
production of the goods in accordance with the specifications will result in iafringmmt or the
like, the customer shall be nail and void
L2. RIGHT OF INSPECTION. Buyer shall bit" the right to inspect the goods at delivery before
accepting them.
l), CANCEL -I ATION. Buyer shall have the right to cancel for defasslt All of sty part of the
andelive ed portion of this order if Seller breschs soy of the tams hereof including warmtties
of Sella or if the Seller becomes insolvem or commits oris of bankruptcy. Such right of
cancellation is in addition to and not in Iia of my other remedies which Buyer may have in
law or equity.
14, TERMINATION. The performance of wart under this order may be terminated in whole, m in
pas by the Buyer in accordance with this provision. Termination of work hereunder shall be
effected by the delivery of the Sella of a "Notice of Termination" specifying the extent to
which performance of work under the order is terminated and the dam upar which such
termination becomes eftective. Such right or terminative if in addition to and not in lieu of the
rights of Buys ser forth in Chas 13, haein.
15. FORCE MA3EURE. Neither party shall be held responsible for lossg resulting if the
fulfillment of any terms of provisions of this contract is delayed or prevented by any cause not
within the control artist party whose performance is interfered with, and which by the exercise
of reasonable diligence said party is unable to prevent
14. ASSIGNMENT-DELEQATION, No right or interest in this contract shall be assigned or
dckptkm of soy obligation made by Sella without the written permission of the Buyer. Any
attempted assignment or deleptian by Seiler shall be wholly void and totally ineffective for all
purpose union made to conformity with thin paragraph.
17. WAIVER. No claim or right arising out of a breach of this contract can be diaeiagsd is whole
a in part by a waiver or rimundedon of the claim or right unken the waives or renunciation is
supported by consideration and is in writing signed by the aggrieved perry.
Ill. INTERPRETATION -PAROLE EVIDENCE. This writing, glue cry specifications far bids and
perfarmana provided by Buyer to its advertisernent for bids, and my other documents
provided by Seller a part of his bid, is intended by the parva as a final expression of their
yprsmom and intended oho an s complete and exclusive moment of the terms of their
agreement. Whomever a tram defined by the Uniform Commercial Coda is used in this
agreament. the definition contained in the Coda is to castral.
19. APPLICABLE LAW. This apecti m shall be governed by the Uniform Commercial Code.
Whoa ever the rrnn "Uniform CummaciH Coda` Is wed it shall be construed an mining the
Uniform Commercial Coda an adopted in the Sts of Texan as effective and is force an the
dais of this Agreement.
20. RIGHT TD ASSURANCE. Whenever on pry in this contract in good With ban neaas to
quoties We other pry's wirers to perform be may deaand thin the other parry give wrinm
assurance of hh imeot to perform. is the exert that a dfanand is nude and no assurance is
given within five (7) days, the drmamdng pasty, may troy this Wham as an aykipstory
repudlrios of the coon*=
21. INDEMNIFICATION. Seiler dull mdamiljr. keep not save harmless rhe Buyer. its agents,
oCiiaish and employsa. against all injuria dealhe, lom, daanaga, claims, power claims, suits,
liabilities, judipsmem, toss said expenses, which may is ortwine arcus agiest the Buyer in
consequence of the granting of this Contract or which may mywim remit therefrom. whether
or nor it shall be alleged or detamioed that the aro was caused through negligence OF amisaices
of the Seiler or its employees, or of the subSellar or sagism or is employee, if any, and the
Sella shall. at his own expense, :upper, defend and pay all charges of anornsys and all coast
and Other expense rising therefrom of incurred is connection therewith, ase, if any judgrnant
shall be rendered again the Buyer in my such anticn, die Sella shall, at its oiva expems,
satisfy and dlachrge the same Sella expressly umdaatauds and agrees thin my bond required
by ibis contract or otiawims provided by Seiler, shall in no way limit the responsibility to
indesify, keep and mere hrmlass and defend the Buyer an hotels provided.
22, TIME It is hereby expressly agreed and underarmod thr tis is of the Bence for the
performance of thin contract, end failure by contract to mein the rime specificriuns of this
agreement will cause Sella to be to default of that agr'eomeaL
23. %IBE. The City of Lubbock hereby notifies ad bidders that in regrd to my connotes entered
into prstrm In this request, min r ry ad women buries cutapriar will be afforded equal
opportunities to submit bids in response to this invitation and will not be dacrimitoed againa
an the Vvua6 of race, calor, ser or nottnl oryio in cusidaatias for m award
Rev. 08/2005