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HomeMy WebLinkAboutResolution - 2012-R0431 - PO - Digital Safety Technologies Inc.- Police SUV Dvrs - 11/08/2012Resolution No. 2012—RO431 November 8, 2012 Item filo. 5.22 RESOLUTION 3E 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 ;xecute for and on behalf of the City of Lubbock, Purchase Order No. 31012618 for the purchase of police SUV DVR's, by and between the City of Lubbock and Digital Safety Technologies, Inc. of Raleigh, North Carolina, 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 November 8, 2012 GL C. ROAERTSON, MAYOR ATTEST: Rcb ca Garza, City Secretary APPROVED AS TO CONTENT Scott Snider, Assistant City Manager Community Services APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw.ecdocs/RES.Digital Safety-Purchase0rd October 25, 2012 Page - 1 O�u50'y bCk PURCHASE ORDER Date 10/25/2012 l i t .1 S Order Number 31012618 400 OP ro DIGITAL SAFETY TECHNOLOGIES INC 3301 TERMINAL DR. STE 119 RALEIGH North Carolina 27604 INVOICE ro: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOC 2004 LUBBOCK, FX 79457 Ordered 10/25/2012 Freight Requested 12/27/2012 Taken By Delivery PER M TREVINO REQ 40720 Plant SHIP TO: CITY OF LUBBOCK FLEET SERVICES 206 MUNICIPAL DRIVE LUBBOCK Texas 79403 BY: QUOTE NO. KLW10II1f2012 T LENNON Description/Supplier Item_ Ordered Unit Cost UM__ --,Extension- Request Date DP3 MDVR 32GB 51.000 2,175.0000 EA 110,925.00 12/27/2012 DP3 MDVR Software 51.000 249.0000 EA 12,699.00 12/27/2012 DP3 MDVR Installation Kit 51.000 195.0000 EA 9,945.00 12/27/2012 Encoder Kit 51.000 394.0000 EA 20,094.00 12/27/2012 Kit, 22X front Camera 51.000 200.0000 EA 10,200.00 12/27/2012 EH Wireless Mic Transmitter 51.000 170.0000 EA 8,670.00 12/27/2012 EH Wireless Recv Transmitter 51.000 1.75.0000 EA 8,925.00 12/27/2012 EH Wireless Mic Horne Chrgr 51.000 65.0000 EA 3,31.5.00 12127/2012 GPS Wass incl 3m cable 51.000 130.0000 EA 6,630.00 12/27/2012 Single Camera Mount Kit 51.000 75.0000 EA 3,825.00 12/27/2012 Ethernet, 6.0 m 51.000 30.0000 EA 1,530.00 12/27/2012 RJ45 Data Cable 51.000 20.0000 EA 1,020.00 12/27/2012 RJ45 Data Part 51.000 30.0000 EA 1,530.00 12/27/2012 Shipping 1.000 1,275.0000 EA 1,275.00 12/27/2012 Kit Low Light Color Rear Camer 51.000 100.0000 EA 5,100.00 12/27/2012 Total Order Terms NET 30 DAYS 205,683.00 3526 This purchase order encumbers funds in the amount of $205,683.00 awarded to Digital Safety Technologies of Raleigh, North Carolina on November 8, 2012. The following Is incorporated into and made part of this purchase order by reference: Price quotation dated October 11, 2012 from Digital Safety Technologies of Raleigh, Forth Carolina. Resolution#2oa-Z - 6z©4s1 . CITY OF LUBBOCK r Glen 6.1tobeks6n, Mayor ATTEST: 6Q=e_� -I- r— )\,K� Reb kcca Garza, City Secretary TIERNIS AND CONDITIONS INIPORT.IN T: READ CAREFULLY S T.%ND,1RD TERMS ,1ND CONDITIONS CITY OF LUBBOCK, TE!G1S Seiler and Buyer agree as follows: 1. SELLER rO PAC'Y,%GE HOODS. Seller will package gaols in accordance with govxI cuintilactal practice. Each ,hipping cunlaina %hall be clearly .and pertnner sly marked is Follow* la) Se11a's rains and ad,lress, (b) Co=nsignee's name, address and purchase under of purchase release number and the supply agreement number if applicable, lc) (7votainer number and total number of containers, a g. bun I of 4 huxt, and td) the rumba of the container hearing the packing slip..S¢Ilcr shall bear cult of pxkagmg unless utherwise provided floods hall be suitably packed to secure lowest transpurtamm coils and to confionn with requirements of common carriers and any applicable ipe ideations. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. SIIIPSIENT LNDER RESERVATION PROHfBIfED. Seiler is not auhurized to ship the goods under reservation and no tender of a bill of lading will operate all a tender of gaxis. 3. TITLE AND RISKOF LOSS. The title :milrisk of los of the gaols ;hall not Palate Buyer until Buyer actually receives and takes postimiora of the goods at the point or points of delivery, 4. NO REPI_kCEMENT OF DEFECTIVE TENDER, Every tender of dclivay of gaxds must fully comply with all provuiuns of this contras as in time of delivery, quality and the like. Ifs lender is made which does not fully conform, this .shall constitute a breach and Stller +hall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired the Sella may reasonably nolify Buyer of his intention Io cure and tiny then snake a canfonning lender within the contract time but not Afterward, 3. INVOICES A PAYMEN-f S. a. Seller shall iubmil selmrale 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 agmineml numbs if applicable. invoices shall be itemized and transportation charges, if :sty, shall be listed-xparitely. A copy of the hill of ladin& and the freight waybill what applicable, should be attached to the invoice. Mail Co: Accounts Payable, City of Lubbock, P. 0. Bon 2000, Lubbock. Texas 79451. Payment shall not be due until the above instruments 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 gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Sella, or any agent or representative of the Seller, to any officer tie employee of llte City of Lubbock with a view to securing a contract or securing favorable treatment wish 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 provision. Buyer shall be entitled in addition to 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 out the face hereof includes the cost of any special tooling or special test equipment fabricated or rcquued by Seller for the purpose of filling this order, +duh special tooling equipment and any process sheets related thereto shall become the property crib* Buyer and to the extent feasible shall be idenlifded by the Seller as such. 8. WARRANTY -PRICE. a. rhe price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher than Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like condition and methods of purchase. in the event Seller breaches this warranty, the prices of the items shall he reduced to the Seller's current prices do orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. Ilse Seller warrants that no person or ailing agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage. brokerage, or contingent fee excepting bona fide cmployces of bunt ride established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of viciation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this contract wnhoul liability and to deduct frm the contract price, or Otherwise recover without liability and to deduct from the contract price, orotherwise recover the full amount of such commission, percentage, brokerage or cdmlingcnt fee. 9. WARRAN FY -PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do so shall tender this contract voidable at the option of the Buyer. Seller warrants that the goals furnished will conform to the specifieatidn, drawings, and descriptions listed in ilia bid invitation, and to the sample(s) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Nutwirh,tanding any provisions contained in the contractual agre iriLm. the Seller represents and wamnts fault -free pafdrmati a and fault -free resutl in the processing date and date related date (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combmatiorn, as the case may be firm the effective date of this Contract. ]be obligations contained herein apply to prrxlusls and servlet provided by the Sella, its sub- Stller or any thrd party involved in the creation Or development of the products and servicer to be delivered to the City of Lubbock under this Coauact. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including. but mol limited to, its right pertaining to lennmation or deraull the wuranfiei renamed herein are separate and discrete from any ocher warranties specified in this Contrac14 and are not subject to any disclaimer of warranty. implied or expressed or hintlation of the Seller's liability which may be specified in this Contracr, its appendices. its xchehales, its annexes or any document inaxporated in this Contract by reference. 10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards prudnulgated by the U. S. Department of Libor under the tkcupalional Safety and licalth Act of 1970. In the event the product does not conform to OSTIA standards, Buya may return the product for cormtiun or rrplacetnent it the Seller's expense. Is the event Seller falls to malls the appropriate correction within a reasonable tune, corrmtio n inside by Buyer will beat the Seller's expense. I1. NO WARRANTY BY BUYER AGAINST INFRINGEMEN M. :les pats of this contras for sale Seller agrees to ascarain whether goods manufacitued in accordance with the specilkalioru attached to this agreement will give rise to the rightful claim of any lhrd person by way of inf)ingement of the like. Buyer makes no warranty that the production of gonia .recording to the spcerftcaliun will not give rice to such a claim, and in no event :hall Iluyer he liable to Sella for mdetnnifuatiuo in the even$ that Sella is sued on the grounds of infringement of the like. If Sellar is of the opinion that an infringement or the like will result, he will notify the Buyer to this effect in writing within two weeks Aller the luring of this agrecrneral. If Buya does nut receive notice and is subsequently held liable for the infringement or the like, Sella will save Buyer hanolem If Sella in good faith axertains the production of the Bards in accordance with the specifications will result in infringement or the like, the contract shall be null and void 12. Ricer OF INSPECTION. Buyer shall have the right to inspect the gwlds at delivery before accepting them 13. CAVCELL\110N. Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Sella breaches any of rhe terms hereof mcluding warranties of Seller or if the Sdkr becamm insolvent or commits acts of hankrupicy. Such right of cancellation is in addition to and not in lieu of .my other remedies which Buyer may have in law or equity. 14. rERMINA TION. the performance of work under this under may be terminated in whole, err in pan by the Buyer in accordance with this provision. Tenninaiioo of work hereunder shall he effected by the delivery of the Seller of a "Notice of Taminaliun" ipecitymg the extent to which performance of work Calder this under is terminated and the date upon which such teminatiun becomes ctTeslive. Such right or termination is in addition to and not in lieu of the rights of Buyer set forth in Clause 11, herein. 15. FORCE M.VEURE. Neither party shall be held nnpunstble for losses, resulting if the Fulfillment: of any terns of provisions of this contract it delayed or prevented by any cause not within the cantrnl of the parry whose performance 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 mads by Seller without the written parnissiun of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and ioiaddy incAllctive for ill purpose unless made in conformity With this paragraph. 17. WAIVER. No claitn or right arising out of a breach of this contract can be discharged in whole or in pan by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the :aggrieved parry. 18. INTERPRETATION -PAROLE EVIDENCE, Phis writing, plus ,my specifications forbids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Sella as pan of his bid is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive statement of the leans of their agrrement. Whenever a term defined by the Uniform Cormnertial Code is used in this agreement, the definition contained in the Code is to control. 19. APPLICABLE d..AW, rhis agreminent shall be governed by the Uniform Commercial C(rk, Where ever the term "Uniform Commercial Cale" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as elfective and in force on the date of this agreemant. 20. R14GHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other party's intent to perform he may demand that the other party give written assurance of his intent to perform In the event that a remand is made and no assurance is given within five 13) days, the demanding party may treat this failure as an anticipatory repudiation of the contract, I1. INDEMNIFICATION. Sella shall indemnify, keep and save hannless the Buyer, its ergs+its. officials and employees, against all injunm, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the 1p-atiling of Ibis Coobw or which may anywise result therefrom whether or not it shall be alleged or determined that the act was caused through negligence or emission of the Seller or its employees, or of the subSeller or assignee or its employees. if any, and she Seller shall. at his own expense, appear, defend and pay all charges of attoreys and all co,as and other expenses ansing therefrom of incurred in connection therewith, and, if any judgment shall be tendered against the Buyer in any such action, the Seller ihall. A its own expcnscx. satisfy and discharge the same Seller expressly undartands and agrees that any Mind required by this contract, or otherwise provided by Seller, shall in no way limit the responsrbily [o indemnify, keep and save harmless and defend the Buyer as herein provided 22. TIME, It is hereby expressly agreed and understood that time is of the cadence for the perfismuvtce of this contract, and failure by commas to meet the time specifications of this agreement will cause Seller to be in default of this agreement 21. MBE, The City of Lubbock hereby milks all hidden that in regard to any contract entered into ptosuaat to this request. minority and women business enterprises will he afforded equJI opportunities m iubmil bids in ritiponse to this in0talkn and will not be dixiimmated agam,t on the grounds of race, color, sex or natural origin in consideration for an award 24. NON -ARBITRATION. The City reserves the light to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without linihtion, the right to seek any and all formas of relief in a court of cornpeterit jurisdiction. Further, the City •ball not be subject to any aabitrajitrr process prior to exercising its unrestricted right to seek judicial remedy, flit remedies sit forth herein are cu ulative and mol exclusive, and may be remised concurrently. To the event of,my conflict between this provision and another provision in, or related to. this ddoctimeM, this provision shall coolant 25. RIGHT TO AL DIT. At any tittle during the lerm 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 it reasonable times, resent the non to audit Contractors records and litxola relevant to all services provided to the City under this Contras. In the event such an audit by the City reveals any error nr ovsrpaymenta by the City, Contractor shall refund the City the full auxxnal of such overpayments within thirty (30) days of such audit findings, or the City, as its option, reserves the right to deduct such amounts owing tike City from any paymentsdue Conlractor. Rev. 0212012