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HomeMy WebLinkAboutResolution - 2000-R0155 - PO - Lubbock Audio Visual Inc. - Wireless Intercom System, LAC - 05/25/2000Resolution No. 2000-R 0155 May 25, 2000 Item No. 36 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 to furnish the wireless intercom system for the Lubbock Auditorium/Coliseum, by and between the City of Lubbock and Lubbock Audio Visual, Inc., 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 25th ATTEST: City Secretary APPROVED AS TO CONTENT: V� Victor Kihr Purchasing Manager APPROVED AS TO FORM: day of May 2000. WINDY SITT04N,AYOR William de Haas Competition and Contract Manager/Attorney Ccdocs/Purchase Order -Lubbock Audio Visualses May 16, 2000 T Y CP ` ° City of Lubbock PURCHASE ORDER TO: LUBBOCK AUDIO VISUAL 2120 AVENUE Q LUBBOCK TX 79405 Resolution xo. AOoo 8-0155 Page - 1 Date - 5/25/00 Order No. - 178489-000 OP Brn/Plt - 3511 SHIP TO: CITY OF LUB80CK MEMORIAL CIVIC CENTER 1501 6TH ST RECEIVING DOCK LUBBOCK TX 79401 )rdered. .- 05/25/00 .Freight , FOB Destination Frt Prepaid Requested - 06/16/00 Placed By - RON SHUFFIELD 775-2170 Special _Ins Per -Bid .#-00-091----------- 06/16/00 ---ATTN._Phillip-Brown-_--.--_- ----- ........ Supplier Item Ordered Description / Supp UM Unit Cost UM ............... .. .. Extension Req. Dt ........ __ .... - ...2.000 Telex BTR.500 Radio Com UHF . EA 1,009.0000 EA .------------. 2,018.00 06/16/00 Wireless intercom system base station 20.000 EA 822.0000 EA 16,440.00 06/16/00 Telex TR 500 Radio Com UHF Wireless transceiver belt packs Telex PH 2 Dual sided heads 12.000 EA 114.0000 EA 1'800.00 06/16/00 Telex PH 1 Single sided hds 8.000 2.000 EA EA 100.0000 EA 379.0000 EA 758.00 06/16/00 Telex ALP 600 Broadband bi-directional log periodic antenna 2.000 EA 198.0000 EA 396.00 06/16/00 Telex ALP 600 Antenna Mast and Bracket Kit 2.000 Telex RMS BTR single rack EA 29.0000 EA 58.00 06/16/00 mount kit10.000 Clear -Com RS 501 single EA 185.0000 EA 1,850.00 06/16/00 channel beltpack 6.000 Clear Com PL PRO CC 260 EA 185.0000 EA 1,110.00 06/16/00 Professional double ear intercom headset 4.000 EA 154.0000 EA 616.00 06/16/00 Clear Com PL PRO CC 95 Professional siingle ear intercom headset EA 100.0000 EA 400.00 06/16/00 Clear Com CCB 1 adapter 4.000 This purchase order encumbers funds in the amount of $25,814 for a bid awarded to Lubbock Audio Visual on May 25, 2000 in accordance with your Auditorium/Coliseum Wireless intercom System. The following are incorporated Into and made part of this Conditions of iT8 #00-091. response to rrs #00-091, Lubbock pur h e order by reference; the bid submitted by your firm Including the orm; the Specifications, nd the General ST: •, Y arne , y ecre _. . W in y tto aygr APPRO AS TO FORM:.' William de Haas, Competition and Contracts Manager/Attomey _._.. Total Order -- .. . . . . ... . . . ... . . ......... ............................................. 25,814.00 30 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS Seller and Buyer agree as follows: CiTY OF LUBBOCK, TEXAS t. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with food eoounereial practice. Each shipping container shall be clearly and permanently marked as ' follows (a) Seller's name and address, (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number df applicable, (e) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of eonunon carriers and any applicable speeifiaticaL Buyer's count or weight shall be fund and conclusive oa shipments not accompanied by packing lists. L SHIPMENT UNDER RESERVATION PROHIBITED. Seller Is not authorized to ship de ;goods under reservation and no tender ofa bili of lading will operate as a ander ofgoods. 3. TiTLE AND RISK OF LOSS. The tide and risk of loss of the goods shall not pass to Buyer until Buyer actually naives and takes possession of die goods at die point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER Every ander of delivery of goads must lily comply with all provisions of this contract as to time of delivery, quality and the h'ke: If a ander Is made which does not Ally Confomr, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for perfonnuacc has not yet expired, the Seiler may reasonably notify Buyer of bis intention to cure and tiny then make a conforming ander within the contract time but not afterward. L INVOICES & PAYMENTS. a. Seller shall submit separate invoices, to 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 ifapplicabie. irroices shall be itemized and transportation charges, if any, shall be listed separately. A copy of du bill of lading, and the freight waybill when applicable, should be attached to the invoice. 1611 To: Accounts Payable. City of Lubbock P. O. Box 2000, Lubbock, Texas 79457. Payment shall not be due I until the above instruments are submitted after delivery. IL 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 Seller, or any agent or representative of time Seller, to any officer or employee of to 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 or 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 ofany special tooling or special test equipment fabricated or required by Seller for the ' purpose of falling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent fasibie shall be identified by die Seller as such. L WARRANTY -PRICE L The price to be paid by the Buyer shall be that contained in Setter's bid which Seiler 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 far similar quantities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty, the prices or the items shall be reduced to the Seller's Current prices on orders by others, or in die alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. L 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 ofbona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of vletation orthis warranty the Buyer shall have the right its 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 smmwunt of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Setter shall not limit or exclude any implied warranties and any attempt to do to shall render this contract voidable at the option of the Buyer. Seller warrants that the goods fumished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) tbmished by the Seller, ifany. In the event are 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 alcutathrg, comparing and sequencing) otall hardware. software and firmware products delivered and services provided under this Coutraet, . individually or in combination, as the ase uuy be from the effective date of this ConvuL Also. the Seller warrants the year2000 calculations will be recognized and accommodatedand { will not, In any way. result to hardware. software or fumware failure. The City of Lubbock, at Ms sok option, may require tie Selle 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.Sella or any third party Involved in the creation or development of the products and services o be delivered to the City of Lubbock ander this Con"M Failure o 'Wcomply 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 go, its light pertatring 10 tetrinatioa 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, limited or expressed, or limitation of the Setter's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contra by reference. 10. SAFETY WARRANTY. Seiler warrants that the product sold to the Buyer shall confarrar to die standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970. In die event the product dna not conform to OSHA standards, Buyer GIURCWTERMCOND.DOC may return die product for correction or replacement at the Sella's expense. In the event Seiler fails to nuke the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. I1. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for Sale Seiler agrees to ascertain whether goods manufactured in accordance with dee specifications attached to this agreement will give the to die rightful claim ofsay thud person by way of ieftingement of the like. Buyer makes so warranty that the production ofsoods according to the specification will not give rise to such a elobn, and to no event shall Buyer be Rabic o Seller Por indemnification H the event dart Seller h wed on the grounds of Infringement crew like. if Seller h of the opinion that an infringement or. the tike will result, be will notify the Buyer o this effect lo writing within two weeks alter the sigaing of this Agreement. if Buyer does not receive notice and is subsequently held liable for the Infringement or the like. Seiler will save Buyer harmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement of the like. the contract shall be null and void. IL RIGHT OF INSPECTION. Buyer shall have the right to Inspect the goods at delivery before accepting them. 13. CANCELLATION. Buyer shall have the right to cancel for default all or any part ofthe undelivered portion of this order if Seller breaches any of the amu hereof inctuding warranrtes ofSeller or if the Seller becomes Insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other tonedies which Buyer may bave In law or equity. 14. TERMINATION. The performance of work under this order may be terminated in whole, or in pan by the Buyer in accordance with this provision.. Temrination of work hereunder shall be effected by the delivery of the Seller ofa "Notice of Temmination" 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 lien of the . rights of Buyer set forth in Clouse 13, herein. 15. FORCE MAIEURE Neither party shall be held responsible for losses, resulting ift e fullillment of any terns of provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by die exercise of reasonable diligence said party is unable to prevent. Id. ASSIGNMENT -DELEGATION. No right or interest in this contract dull be assigned 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 v -aid and totally inellective for an purpose unless made in conformity with this paragraph. 17. WAIVER No claim or right arising out ofa breach of this contract can be discharged in whole or In pan by a waiver or renunciation of the elauu or right unless die waiver or renunciation is supported by consideration and is to writing signed by die aggrieved party. I& INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and Performance provided by Buyer in its advertisement for bids, and any otter documents provided by Seller as part of his bid, is intended by the parties as a final expression of ditir agreement and intended also as a complete and exclusive statement of the tams of their agreement Whenever a l mm 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. What! 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 fora on the. date of this agreement 20. RIGHT 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 perforin. In the event that a demand is nmade and no assurance is given within five (5) days, the demanding patty may treat this failure as an anticipatory repudiation of the contract 21. INDEMNIFICATION. Seller shall indnamify, keep and save harmless the Buyer, its agents, , Officials and employcea, against all injuries, deals, toss, damages, elatnns, patent elahmu, wits. liablitk% judgraments, costs and expenses, which may in anywise accrue agaiast die 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 act was 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 shat, at his own expense, appear, defend and pay all charges of attomeys and all costs and other expenses arising durefiom of incurred in connection therewith, and, ifany judgment shall be tendered against the Buyer in any such action, the Seiler shalt, at its own expenses, satisfy and discharge the same 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 isdcmnify, 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 Perfomnnce ofdais contract, and failure by cont ice to meet the time speeifaadons of this agreement will cause Seller to be in default ofthis agreement 23. MBE The Cky of Lubbock berebysioti6ei k bidders dart In regard to my clintract entered foto pursuant to this request, minority and women buiiness'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