HomeMy WebLinkAboutResolution - 2006-R0501 - Agreement - Lubbock & Barneys Police Supplies - LPD Duty & Training Ammunition - 10/13/2006Resolution No. 2006-R0501
October 13, 2006
Item No. 5.14
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUI3BOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Letter Agreement by and between the City of
Lubbock and Barneys Police Supplies of Lafayette, Louisiana, for duty and training
ammunition for the Lubbock Police Department, which Agreement and any associated
documents, are attached hereto and made a part of this Resolution for all intents and
purposes.
Passed by the City Council this 13th day of
ATTEST:
'�o 0 Q -,c _e
Reb cca Garza, City Secret
APP VED AS XI -CONTENT:
t
AS TO FORM:
Don Vandiver, A
DDres/Barneys06ConRes
October 6, 2006
October
, 2006.
DAVID A MILLER, MAYOR
P.O. Box 2000
Lubbock, Texas 79457
(806) 775-2167 • Fax (806) 775-2164
October 5, 2006
Barneys Police Supplies
Attn: Gagan J. Goutierrez
218 Four Park Road
Lafayette, LA 70507
Resolution No. 2006-RO501
October 13, 2006
Item No. 5.14
Office of
Purchasing
RE: ITB #06 -057 -RW - DUTY AND TRAINING AMMUNITION FOR THE LUBBOCK POLICE
DEPARTMENT - ANNUAL PRICING
Dear Mr. Goutierrez:
BARNEYS POLICE SUPPLIES has been awarded the above bid for the Duty and Training
Ammunition for the Lubbock Police Department, based on your response to the City Of Lubbock
Invitation to BID #06 -057 -RW.
1. Bid Award covers the category of items shown below, and no other, during the
period of October 13, 2006 and ending October 12, 2007. The City of Lubbock shall
not be responsible for payment of any invoices except those orders placed pursuant
to this agreement.
2. Category of Items:
9. .223 caliber training ammo
14000 EA @ $0.21899/EA
11. .308 caliber duty ammo
18000 EA C $0.44599/EA
12. .308 caliber training ammo
6000 EA C $0.38299/EA
14. .38 caliber duty ammo
1000 EA @ $0.23599/EA
3. BARNEYS POLICE SUPPLIES bid dated August 23Id, 2006 and the City's ITB# 06 -057 -
RW are incorporated into and made a part of this agreement.
4. Prices: As quoted on Bid Form.
5. All invoices shall be directed to:
City Of Lubbock
Accounts Payable
PO Box 2000
Lubbock, Texas 79457
CITY OF LUBBOCK:
David A. Mi ler
Mayor
ATTEST:
Rebecca Garza
City Secretary
cc: Bid Folder
Vendor File
APPR VED AS TO CONTENT:
Ralp! Bowe"
We ate—
APPROVED FORM:
�1 / �111'►� � iii
r x CITY OF LUBBOCK
P U R C H A S E O R D E R
T0:
BARNEYS POLICE AND HUNTING SUPPLIES
218 FOURPARK RD
LAFAYETTE LA 70507
Page 1
Date - 1/12/07
Order No. 305670 000 OP
Brn/Plt - 5713
SHIP T0:
CITY OF LUBBOCK POLICE ACADEMY
REESE CENTER
508 DAVIS DRIVE
LUBBOCK TX 79416
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000
LUBBOCK TX. 79457 BY:V&&9104e�::
D dered-----01/12/07 Freight -----FOB Destination Frt Prepaiy-------------------------
R quested - 01/26/07 Taken By - RANDY WOOD
D livery - PER RBOWEN REQ#28597 ITB#06-057-RW
Description / Supplier Ite
23 federal AE223
t aining ammo
08 federal AE308D
T wining ammo
08 FEDERAL GM308M
D TY AMMO
Ordered UM
100000.000 EA
4300.000 EA
17000.000 EA
Unit Cost UM Extension
.2190 EA 21,900.00
3830 EA
.4460 EA
1,646.90
7,582.00
Req. D
01/26/ 7
01/26/07
01/26/07
purchase order encumbers funds in the amount of $31,128.90, for the purchase of police ammunition, awarded to Barney's P
Hunting Supplies, of Lafayette, LA, on October 13, 2006. The following are incorporated into and made part of this purchase
;r by reference quote submitted by Barney's Police and Hunting Supplies, of Lafayette, LA.
)lution No. 2006-RO501.
CITY OF LUBB I •. ATTEST:
David A. MAler, Mayor Reb cca Garza, City Secretary
PROVED AS O FO
ttorney
Total Order
r rms NET 30 31,128.90
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Buyer agree as follows:
1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good
commercial practice. Each shipping container shall be clearly and permanently malted as
follows (a) Seller's time and address, (b) Consignee's name, address and purchase order or
purchase release number and the supply agreement number if applicable, (c) Container number
and total number of containers, e.g. box I of 4 boxes, and (d) the number of the container
bearing the packing slip. Seller shall bear cast of packaging unless otherwise provided. (foods
shall be suitably packed to secure lowest transportation costs and to conform with requirements
of common carriers and any applicable specifications. Buyer's count or weight shall be final
and conclusive on shipments not accompanied by packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to 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 the goods shall not pass to Buyer
until Buyer actually receives and takes possession of the goods at the point or points of
delivery.
r
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery o� guods must
fully comply with all provisions of this continua as m4ime of delivery,4gWaltlk a9&a like. If a
tender is made which does not fully conform, this shalt cAst%ule a preach and Se that] not
have the right to substitute a conforming tende"r, providl d, Where the Wm for fie lMtmdri0e has
not yet expired the Seller may reasonably notify Buyer of his intention to cure and may then
make a conforming tender within the contract time but not afterward.
5. INVOICES & PAYMENTS.
a. Seller shall submit separate 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 agreement number if 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, Box 2000, Lubbock, Texas 79457. Payment shall nut be due
until the above instruments are submitted after delivery.
6. GPAT RT1ES. 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 Seller, or any agent or representative 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 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 err withhold the amount of the cost incurred by Seller in
providing such gratuities.
7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the
cost of any special tooling or 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 feasible shall he identified by
the Seller as such.
S. WARRANTY -PRICE.
a. The 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 far similar quantities under similar of like
conditions and mediods of purchase. In the event Seller breaches this warranty, the prices of
the items shall be reduced to the Seller's current prices on orders by others, or in the
alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's
actual expense.
It. The Seller warrants that no person or selling 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 employees of bona fide 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 without liability and to deduct from the contract price, or
otherwise recover without liability and to deduct from the contract price, or otherwise recover
the full amount of such commission, percentage, brokerage or contingent fee.
9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied warranties and any
attempt to do so shall render this contract voidable art the option of the Buyer. Seller warrants
that the goods furnished will conform to the specification, drawings, and descriptions listed in
the 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.
Notwithstanding any provisions contained in the contractual agreement, the Seller represents
and warrants fault -free performance and fault -free result in the processing date and date related
data (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 combination, as the case may be from the effective date of this Contract.
Also, the Seller warrants the year20W calculations will be recognized and accommodated and
will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at
its sole option, may require the Seller, at any time, to demonstrate the procedures it intends to
follow in order to comply with all the obligations contained herein. The obligations contained
herein apply to products and services provided by the Seller, its sub -Seller or any third party
involved in the creation or development of the products and services to be delivered to the City
of Lubbock under ibis Contract. 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 not limited to, its right pertaining to termination or default.
The warranties contained herein are separate and discrete from any other warranties specified
in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or
Limitation of the Seller's liability which may he specified in this Contract, its appendices, its
schedules, its annexes or any document incorporated in this Contract by reference.
10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to
the standards promulgated by the U. S. Department of Labor under the Occupational Safety and
Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer may
return the product for correction or replacement at the Seller's expense. In the event Seller
fails to make the appropriate correction within a reasonable time, correction made by Buyer
will be at the Seller's expense,
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for
sale Seller agrees to ascertain whether goods manufactured in accordance with the
specifications attached to this agreement will give rise to the rightful claim of any third person
by way of infringement of the like. Buyer makes no wartamy that the production of goads
according to the specification will not give rise to such a claim, and in no event shall Buyer he
liable to Seller for indemnification 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 after 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 as delivery before
accepting them.
0. 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 leans hereof including warranties
of Seller or if the Seller becomes insolvent or commits acts of bankmptcy. Such right of
cancellation is in addition to and not in lieu of any other remedies which Buyer may have in
law or equity.
14. TERMINATION. The performance of work under Ibis order may be terminated in whole, or in
part by the Buyer in accordance with this provision. Termination of work hereunder shall be
effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to
which performance of work under the order is terminated and the date upon which such
termination becomes effective. Such right or termination is in addition to and not in lieu of the
rights of Buyer set forth in Clause 13, herein.
15. FORCE MAJEURE. Neither party shall he held responsible for losses, resulting if the
fulfillment of any icons of provisions of this contract is delayed or prevented by any cause not
within the control critic party 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 he assigned or
delegation army 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 contract can be discharged in whole
or in part 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, This writing, plus any specifications for bids and
performance provided by Buyer in its advertisement ror bids, and any otherdocuments
provided by Seller as part orhis bid is intended by the parties as a final expression of their
agreement and intended also as a complete and exclusive statement of the terns of their
agreement. Whenever a term defined by the Uniform Commercial Code is used in this
agreement, the definition contained in the Code is to control.
19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code.
Where ever the term "Uniform Commercial Code" is used, it shall be construed as meaning the
Uniform Commercial Code as adopted in the State of Texas as effective and in force an the
date of this agreement
20. RIGHT TO ASSURANCE. Whenever ane parry to this contract in good faith has reason to
question the other parry's intent to perform he may demand that the other party give written
assurance of his intent to perform. In the event that a demand is made and no assurance is
given within five 15) days, the demanding party may treat this failure as an anticipatory
repudiation critic contract.
21. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents,
officials and employees,against all injuries, deaths, loss, damages, claims, patent claims, suits,
liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in.
consequence of the granting of this Contract or which may anywise result therefrom, whether
or not it shall be alleged or determined that the actwas caused through negligence or omission
of the Seller or its employees, or of the subSeller or assignee or its employees, if any, and the
Seller shall, at his own expense, appear, defend and pay all charges of attorneys and all casts
and other expenses arising therefrom of incurred in connection therewith, and, ifany judgment
shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses,
satisfy and discharge the some Seller expressly understands and agrees that any bond required
by this contract, or otherwise provided by Seller, shall in no way limit the responsibility to
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 essence for the
performance of this contract, and failure by contract to meet the time specifications of this
agreement will cause Seller to be in default of this agreement,
23. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered
into pursuant to this request minority and women business enterprises will be afforded equal
opportunities to submit bids in response to this invitation and will not be discriminated against
on the grounds of race, color, sex or natural origin in consideration for an award.
Rev. 0812005