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HomeMy WebLinkAboutResolution - 2009-R0028 - PO - Fleet Safety - Parts For Police Patrol Cars - 01/22/2009Resolution No. 2009-80028 January 22, 2009 Item No. 5.16 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for the purchase of parts used to outfit police patrol cars as per Buy Board Contract #284-08, by and between the City of Lubbock and Fleet Safety 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 this 22nd day of January , 2009. TOM MARTIN, MAYOR ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: l Mark earw '-d, Assistant City Manager Chief Information Officer APPROVED AS TO FORM: L�O / if -- Chad Weaver, Assistant City Attorney vw/ccdocs/Chad/Resolutions/RES.Fleet Safety-PurchaseOrd January 13, 2009 CITY OF LUBBOCK PURCHASE ORDER TO: FLEET SAFETY EQUIPMENT INC 5858 WALTRIP HOUSTON TX 77087 Page 1 Date - 1/12/09 Order No. 341488 000 OP Brn/Plt 3511 SHIP TO: CITY OF LUBBOCK RADIO REPAIR SHOP 1915 TEXAS AVENUE ATTN: JACK MORRISON LUBBOCK TX 79411 IN'V'OICE TO: CITY OF LUBBOCK ACCOUNTS FAY:►BLE P.O. BOX 2000 LI BBOCK, TX 79457 BY; ------ -------- Ordered 01/08/09 Freight FOB Destination Frt Prepaid Requested - 01/22/09 Taken By FELIX ORTA Delivery PER B. SWENSON REQ# 341488 BUYBOARD CONTRACT# 284-08 Description / Supplier Ite SSBR2ZCR LINO LED BLU/RED SBKTI ANGLE BRACKET LIN4 TLNCV5RB BRAKE LIGHT COVER SA315P SIREN SPEAKER BLK SAK17 SPEAKER MOUNT KIT HHS2200 HAND HELD SIREN SSFPOSC6 HEADLIGHT FLASHER SLTXSP48LC LIBERTY LIGHTBAR PACKAGE UBF5150 BRAKE LIGHT FLASHER 10 -RP RECESS PANEL W/WINDOW 453 DUEL GUNLOCK 112 BUCKET SEAT PLATE Ordered ----------- UM -- Unit Cost ----------- UM Extension Req. Dt 30.000 EA 59.3600 -- EA ------------ 1,780.80 -------- - 02/26/09 15.000 EA 5.5100 EA 82.65 02/26/09 15.000 EA 236.7500 EA 3,551.25 02/26/09 15.000 EA 129.4000 EA 1,941.00 02/26/09 15.000 EA .0000 EA 02/26/09 15.000 EA 277.6100 EA 4,164.15 02/26/09 106.000 EA 36.6600 EA 3,885.96 02/26/09 91.000 EA 1,739.0000 EA 158,249.00 02/26/09 106.000 EA 40.8500 EA 4,330.10 02/26/09 91.000 EA 288.4000 EA 26,244.40 02/26/09 91.000 EA 227.3900 EA 20,692.49 02/26/09 91.000 EA 34.5000 EA 3,139.50 02/26/09 This purchase order encumbers funds in the amount of $228,061.30, awarded on January 22, 2009, to Fleet Safety Equipment Incorporated, of Houston, Texas. The following is incorporated into and made part of this purchase order by reference: Price Quotation dated December 30, 2008, from Fleet Safety Equipment Incorporated, cf Houston, Texas and BuyBoard Contract 284-08. Resoiution# 2009-80028 CITY OF LUBBOCK Tom Martin, Mayor ATTEST; Rebe ca Garza, City Secretary Total Order Terms NET 30 228,061.30 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Sellar and Buyer agree as follows: L SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good comalcmial practice. Each shipping container shall bei clearly and permanently marked as follows t a) Seller's nacre and address. IN Consignee's name, address and purcha+e Order or purchase release number and the supply agreement number if applicable. TO Container number and total number of containers, e.g. box I of 4 boxes, and Id) the number of the container bearing the packing stip. Seller shall bear cost of packaging unless otherwise provided Goads shall be suitably packed to secure lowest transportation costs and to conform with reyuitrmntts Of common carrier and any appltcable ipecificaltons. Buyer's cunt or weigh) shall he final and conclusive on shipments not accompanied by packing lists. 2, SHIPMENT L NDER RESERVATION PROHIBrrED Seller is not authorized io ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 3. TITLE AND RISK OF LOSS. The title and risk of loss of rhe goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIV E TENDER. Every tender Of delivery of goods must fully eumply with all provisions of this contract as io time of delivery, quality and the like. if a tender is mace which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided where the time for perfmrmance has not yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then make a conforming rming tender within the contract Ione but not afterward S. INVOICES dt PAYMENTS. a. Seller shall submit separate mvotees, in duplicate, one each purchase order or purchase release after each delivery. invoices shall indicate the purchase ander or purchase release number and the supply agreement number of applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the Freight waybill when applicable, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock. P. O. Boa 2000, Lubbock, "Texas 79457. Payment shall not be due until the above instruments are whinittcd after delivery. 6. GRA TU rTIES. The Buyer may. by written notice to the Seller, cancel this contract without liability to Seller If it is determined by Buyer (hat gratuities, in the form of entertainment, gilts OF Otherwise, were offi'red or given by the Seller. or any agent or reprcsmtative of the Seller, to any officer or employee of the City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the perfunn¢rg 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 an providing such gratuities. 7. SPECIAL TOOLS d TEST EQUIPMENT. If the price stated on the face hereof includes the wan of any special tooling ar special test equipment fabricated or required by Seller for the purpose of filling this order, such special Tooling equipment and any process sheets related Thereto shall become the property of the Buyer and to the extent feaatbk shall be identified by the Seller as such. R. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be Thar contained in Seller's hid which Seller warrants to be no higher than Setler's current process on orders by others for products of the kind and specification covered by this agreement for smnilar quantities under similar of like conditions and imhods of purchase. In the event Scllcr breaches this warranty. the prices of the items stall be reduced to the Seller's current prices on orders by others. it in the alternative. Buyer may caacel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit m sacrae this contract upon m agreement or understanding for commission, pen:mtage. brokerage, or contingent fee excepting bots We eTmployces of bona fide established conuirercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of victarion of this warranty the Buyershall have the right In addition to any other right of rights to cancel this contract without liability .mil to deduct frum the contract price. OF otherw ism recover without liability and to deduct frum the contract price, IF otherwise recover the full amount of such cuu mmuion, percentage. brokerage OF contingent fee. 9, WARRANTY-PRODL.CT. Seller shall not limit or exclude any implied warranties grid any attempt to do so shall render this contract voidable at the Option of the Buyer. Seller warrants That the goods furnished will cunfonn 10 the ipecifcation. drawings, and dm. nptions listed in the bid invitation. Lod to the sampelsf furnished by the Seller, IFany In the event of a conflict or between the specifications, drawings, ,rod descriptions, the specifications ,hall govern. Norwlthstanding any provisions contained to the contractual agreement. the Seller represents and warrants fauh-free performance And fault -free result in the processing date and date related data I including, but nor limited to calculating, crmparmg and ,equencmgl of all hardware. .oPw ore ail firmware ; roducts .lelisered aria :arvices provided under This C. rintmi. PiJnv.Juahly +w In combination. As the case may tie triom the etTecnve date of this ( ,tread Alua, the 4elkr warrants the )ear2i10lt cakulatxom will be revs grazed and accommodated and will not. m .my way. result in hardware. .iflvvmre err hmuware railura I be rimy Of Lubbtock, at its sole option, Tray require the Seller, it any time, to demonstrate the Procedures it intends to hollow m order to comply with all the Obligaritms cuntamed herein. the obligations :.retained herein apply in products and services provided by the Seller, its .ubSciler OF any third party Involved in alit creation Or OevelOpmenf Of the products ,rod ,ervnces to be delivered to the City of Lubbaek under This( �)ntrxt. Failure tocomply with any of lht obligaridna cimtamcd herein, inay result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination . ,r default. ! he waratrtteS LOnlained herein are epar3le and discrete from any other warranties >pecticd in this Contract. and we not object to any disciainerr of w.rrranty, implied or expressed, or hinitaiton orthe Seller's liability which may be specified in this Contact, IT% appendices, its ,chedules, its annexes ,sr any document matrporated in this Contract by reference. 10. SAFETY WARR.NNTY, Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the L. S. Department of Labor under the Occupational SafAy and Health Act of t970. In the event the product does not uniform to OSHA ilmdards. 0uy T may return the product for correction or replacement at the Seller's expense. In the event Seller faits to make the appropriate correction within a reasonable time, cerrccmom made by Buyer wilt be at the Seller's expense. 11. VO W".4RR.NNTY BY BL YER AGAINST INFRiNGEMENTS. As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the %pecificalims attached to this agreement will give nse to the nghtful claim of any third person byway of Infringement of the like. Buyer makes no warrudy That the pnoductim or goodil according to the specification will not give rise to iuch a claim. and in no event shall Buyer be liable to Seller for indermnnfication in the event that Seller is sued on the 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 this effect in writing within two weeks alter the signing of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like. Seller will save Buyer harmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement Or the like, the contract shall be null and void 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery hefnre accepting them. 13. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addilitn to and not in lieu of any other mtedies which Buyer may have in law or equdy. I4. 'I'ERA4iimi,TiON. The performance of work under this order may be terminated in whole, or in part by the Buyer in accordance with this provision. Termination ofwork hereunder shall be effected by the delivery of the Seller of s "Notice of Termination" specifymx the extent to which performance of work under the order is terminated and the date upon which .such termination becar[res of refive. Such right or termination is in addition to and" in lieu of the rights of Buyer set forth in Clause 13, herein. 15. FORCE MA1EL RE. Neither party shall be held responsible for losses, resulting if the fulfillment ofany Ceram of provisions of this contract is delayed or prevented by any cause nut within the control or the party whose performance is interfered with, and which by the exercise of reasatable diligence said party is unable to prevent. 16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be ussigncd or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. 17. WAIVER. No claim or right arising out of a breach of this context can be discharged m whole or in part by a waiver at renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by The aggrieved Pay. 18. INTFRPRETATION-PAROLE EVIDENCE. This writing, plus any specifications for bids ,odd performance provided by Buyer in its advertisement for hide, and any other docmnems provided by Seller as par of his bid is intended by the paries as a final expression Of their ,igmenvral and intended also as a complete and exclusive statement ofnhe Terns otlheir agreement. Whenever a Term defined by the Unifimn Commercial Code is used in this agmtrent. the defmiti on contained in the Code is to control. 19, ,APPLICABLE LAW. This agreement shall be governed by the L;niform Commercial Code. Where ever the term "Uniform Commercial Code" is used it shall be construed as meaning the t:mform Commercial Code as adopted in The State of Texas as effective and in force ort the date of this agreement. _10. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has resaon to question the Other party's intent to perform he may demand that the Other party give wrtnen assurance of his intent to perform. In the event that a demand is made and no assurance is given w ithm five 157 days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 21. INDEMNIFICATION. Seiler shail indemnify. keep and save harmless the Buyer, its agents, uBicuLs and employees, against all injuries. deafer, loss. damages, claims, pMent claims. Suitt, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in emsequemce of aha granting of this Contract Or which may anywise result theref iris. whether or nor it ,hall be alleged or determined that the act was ,caused through negligence dr omission Of the Seller or its employees, dr of the suhScbler or assignee or its employees, if any. and the Seller .hall, N his awn expense, appear, defend and pay all charges of artorriry+.md all ,Oats .milether ,-cpcnses arising therefrom of incurred in ctsawtnm thcrew ith. and, IT any udgment _hell he rrndered against The Buyer ,a any wh , io .. [Ice Bolter .haR..t as own ,".spett,t m. attvfy and discharge the ,ate feller expres,y umdrrstands and agrees that any limed requtretl by Phis c,xitract.:r therwim provred by Seller. ,hall in no way limit the rr..pn,ibihty to raJeranify, keep and save harmless and defend the Buyer ax herein provided '2. TIME. It is hereby expressly agreed and understood rhat itmne is of the essence fix the perform&= of tits contract. and failure by comirwi to meet the Time specdicalions of this igrecmcttl will cause Seller to be in default of this agreement. 1_3. MBE. The City of t.ubbo ck hereby notifies all bidders that in regard to any contract entered into pursuant to this request, minonty and women business enterprises will be afforded equal oppirtunifies to ,ubmmt bids to response to This invitation and will no be discriminated .ogainni m the grounds of rase. colur—ex or natural origin In consideration For an award. Rev. W2005