Loading...
HomeMy WebLinkAboutOrdinance 4067 ORDINANCE NO, 4 0 6 7 AN ORDINANCE WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING FOR THE DESIGN, PURCHASE AND INSTALLATION OF SURVEILLANCE EQUIPMENT; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES AND EQUIPMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . That the City Council hereby waives the requirements of competitive bidding for the design, purchase and installation of surveillance equipment to be used by the Police Department. The requirements of competitive bidding are neither practical nor feasible because the equipment is of a specialized nature to be utilized during investigations of narcotics, property and vice crimes. Section 2. That the Mayor and City Clerk are hereby authorized to execute a contract not to exceed $40,874 for the design, purchase and installation of surveillance equipment. A copy of the contract is attached hereto and made part hereof. P. FgFD "AND APPROVED this _ -3rd- day of November , 1997. . /�f5 � :; _ •' APPROVED: 1y `���' ✓ / 'fes I red Hanna, Mayor ATTEST: By: Traci Paul, City Clerk GENERAL CONTRACT - PRODUCTS Agreement made October 13, 1997, between Custom Installs, of 173 Eulas Ridge Cove, Collierville, Tennessee 38017 ("Seller"), and City of Fayetteville, of P.O. Box 1988, Fayetteville, Arkansas 72702 ('Buyer"). 1 . ITEMS PURCHASED. For value received and other consideration, the Seller agrees with the Buyer to provide the Buyer the following products ("Goods") in accordance with the terms and conditions of this Contract: Description Quanti Unit Price Total Price Conversion of vehicle into Surveillance Van 1 $405874.00 $40,874.00 Total Price: $405874.00 2. PRODUCT STANDARDS. Goods shall comply with the specifications attached and incorporated into this Contract by this reference. 3. TITLEAUSK OF LOSS. Goods shall be delivered F.O.B. Fayetteville, Arkansas. Upon completion of vehicle. 4. PAYMENT. Payment shall be made to Custom Installs, 173 Eulas Ridge Cove, Collierville, Tennessee 38017. Buyer agrees to pay to Seller the sum of $40,874.00 as follows: the first installment of $25,905 .50 will be made on or before October 24, 1997, a complete list of equipment purchased, with serial numbers, will be provided upon request. The balance of $ 14,968.50 will be made upon delivery and acceptance of completed surveillance van. 5. DELIVERY. Time is of the essence in the performance of this Contract. Seller, on or before December 31 , 1997, will make Goods available to the Buyer City of Fayetteville. 6. WARRANTIES. Seller warrants that all Goods shall be free of defects in material and workmanship and in conformity with specifications for the period of ( 1 ) year from delivery date. Manufactories warranty on all equipment shall be transferrable to the buyer. The Seller makes no warranties, expressed or implied, except as specifically stated above. SUCH WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7. INSPECTION. The Buyer, upon receiving possession of Goods, shall have a reasonable opportunity to inspect the Goods to determine if the Goods conform to the conditions of this Contract. If the Buyer, in good faith, determines that all or a portion of the Goods are non- conforming, the Buyer may return the Goods to the Seller at Custom Installs's costs. The Buyer must provide written notice to the Seller of the reason for rejecting the Goods. The Seller will have 14 days from the return of the Goods to cure any and all defects, or be held in breach. 8. TERMINATION. It is agreed that in case of a material breach (violation) by either party of any of the provisions contained in this Contract, the other party shall have the right to terminate this Contract at its option. 9. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, wars, supplier failures, shortages, breach, or delays. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates. 10. CONFIDENTIALITY. Both parties acknowledge that during the course of this Contract, each may obtain confidential information regarding the other party's business. Both parties agree to treat all such information and the terms of this Contract as confidential and to take all reasonable precautions against disclosure of such information to unauthorized third parties during and after the term of this Contract. Upon request by an owner, all documents relating to the confidential information will be returned to such owner. 11. ENTIRE CONTRACT, This Contract contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Contract supersedes any prior written or oral agreements between the parties. • 12. AMENDMENT. This Contract may be modified or amended if the amendment is made in writing and is signed by both parties. 13. SEVERABILITY. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 2 - 14. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract. The parties have executed this Contract at City of Fayetteville the day and year above written. Buyer: City of Fayetteville By: City ofFayettevi le Mayor Seller: Custom Installs By: `//- Jefferyon ygul Owner 3 -