The URL can be used to link to this page

Home My WebLink AboutC2020-229 - 7/14/2020 - Approved Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SUPPLY AGREEMENT NO. 3156 Ammunition for Police Department Training THIS Ammunition for Police Department Training Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and GT Distributors, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Ammunition for Police Department Training in response to Request for Bid No. TXMAS 680-1A/ 3156 (“RFB”), which RFB includes the required scope of work and all specifications and which RFB and the Contractor’s bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Ammunition for Police Department Training in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. “Goods,” “products”, and “supplies”, as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for two years. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $202,238.76, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: DocuSign Envelope ID: B1D8FC3E-8828-41CE-BB9D-8E2D51F06D3EDocuSign Envelope ID: 9D61944E-D598-45A0-A36E-E54AF03822F4 Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Donald Moore Department: Police Department Training Phone: 361-826-4076 Email: DonaldMo@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI ”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item’s bid price, must be paid by the Contractor within 30 days of receipt of City’s invoice. DocuSign Envelope ID: B1D8FC3E-8828-41CE-BB9D-8E2D51F06D3EDocuSign Envelope ID: 9D61944E-D598-45A0-A36E-E54AF03822F4 Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or in an attachment to this Agreement. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. DocuSign Envelope ID: B1D8FC3E-8828-41CE-BB9D-8E2D51F06D3EDocuSign Envelope ID: 9D61944E-D598-45A0-A36E-E54AF03822F4 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Donald Moore Title: Police Captain Address: 4510 Corona Drive, Corpus Christi, Texas 78413 Phone: 361-826-4076 Fax: 361-826-4342 IF TO CONTRACTOR: GT Distributors, Inc. Attn: David Curtis Title: Bids Manager Address: P.O. Box 16080, Austin, Texas 78761 Phone: 512-451-8298 Fax: 512-453-6149 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS DocuSign Envelope ID: B1D8FC3E-8828-41CE-BB9D-8E2D51F06D3EDocuSign Envelope ID: 9D61944E-D598-45A0-A36E-E54AF03822F4 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 9, 2020 AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contrac tor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City’s maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. DocuSign Envelope ID: B1D8FC3E-8828-41CE-BB9D-8E2D51F06D3EDocuSign Envelope ID: 9D61944E-D598-45A0-A36E-E54AF03822F4 Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute . 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) DocuSign Envelope ID: B1D8FC3E-8828-41CE-BB9D-8E2D51F06D3EDocuSign Envelope ID: 9D61944E-D598-45A0-A36E-E54AF03822F4 Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Kim Baker Director of Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. TX MAS 680-1A/ 3156 Exhibit 2: Contractor’s Bid Response DocuSign Envelope ID: B1D8FC3E-8828-41CE-BB9D-8E2D51F06D3E David Curtis Bids Manager 6/18/2020 DocuSign Envelope ID: 9D61944E-D598-45A0-A36E-E54AF03822F4 07/14/2020 ___________________Authorized By Council ________________________ M2020-109 7/14/2020 ATTEST: _____________________________ Rebecca Huerta City Secretary ATTACHMENT A: SCOPE OF WORK Supplier shall supply the Police Department with Ammunition which will be utilized for police training. 1.Ammunition will be ordered on an as needed basis and shall be deliver to: Police Department Training Division 4510 Corona Dr Corpus Christi, Texas 78411 3. Ammunition shall be delivered as soon as it is available. 4. The Supplier shall property package all items. A.223 Remington 53grain TAP Patrol B.6.5 Creedmoor 147gr ELD Match TAP Precision C.9mm Luger 135+P Flexlock D.Hornady 12ga 2 3/4" TAP Reduced Recoil 00 Buckshot E.Hornady 12ga 2 3/4" 1oz TAP reduced Recoil slug 5.All contract prices are F.O.B. destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. 6.Supplier shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Supplier must arrange for the return shipment of damaged products. 7.Supplier understands and agrees that the City may, at its discretion, cancel any backorders due to the Contractor’s inability to deliver the product within the set time frame. 8. Cancellations shall be in writing and sent to Contractor by email, fax or mail. 9. No restocking fee or payment of any kind shall be owed for orders cancelled due to Suppliers inability to meet the deadline delivery date. 10.Supplier shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Supplier must arrange for the return shipment of damaged products. Page 1 of 1 DocuSign Envelope ID: B1D8FC3E-8828-41CE-BB9D-8E2D51F06D3EDocuSign Envelope ID: 9D61944E-D598-45A0-A36E-E54AF03822F4 000608 Master No. 0/0/00 GT Distributors - Austin NET 15 Corpus Christi Police Department 1 QTE0123591 Corpus Christi, City of (TX) 6/15/20 2020-06-15 AMMO BID 2,159,500 Purchase Order No. Customer ID Salesperson ID Shipping Method Payment Terms Req Ship Date Quantity Item Number Description UOM Unit Price Ext. Price Ship To:Bill To: Quote Date Page: Attn: Accounts Payable Div. - 4th Fl. PO Box 9277 Corpus Christi TX 78469 321 John Sartain St Corpus Christi TX 78401 DE (512) 451-8298 Ext. 0000 P.O. Box 16080 Austin TX 78761 $185.54 $51,951.20 CCI-3509*CCI Blazer 9mm 115gr FMJ M 280.00 $168.03 $47,048.40 FC-AE223*Federal Cartridge .223 Rem 55 Gr Fmj M 280.00 $901.89 $36,075.60 HORNADY-80295*Hornady .223 Rem 53gr GMX Tap Patrol M 40.00 $435.97 $17,438.80 HORNADY-90225*Hornady-9mm Luger +P 135 gr Flexlock Duty M 40.00 $1,149.71 $45,988.40 HORNADY-81505*Hornady 6.5 Creedmoor 147gr ELD Match Tap M 40.00 $704.38 $1,408.76 HORNADY-86265*Hornady 12 Ga Tap Reduced Recoil 00 Buck 10 M 2.00 $1,163.80 $2,327.60 HORNADY-86285*(250rnd Cs) Hornady 1oz Foster Slug Reduced M 2.00 $0.00 $0.00 NOTES:Notes:EA 1 Pricing reflects: TX State Contract 680-A1 Thank you, your salesman was Adam Balak $202,238.76 $0.00 $0.00 $202,238.76 $0.00 Subtotal Misc Tax Freight Total All returns must be authorized by GT Distributors. Interest charges on past due invoices at the maximum rate allowed by law. ATTACHMENT B: QUOTE AND PRICING SCHEDULE Page 1 of 1 DocuSign Envelope ID: B1D8FC3E-8828-41CE-BB9D-8E2D51F06D3EDocuSign Envelope ID: 9D61944E-D598-45A0-A36E-E54AF03822F4 Page 1 of 1 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS No insurance or bonds are required therefore, Supply Agreement 3156, Section 5(A) and (B) is hereby void. DocuSign Envelope ID: B1D8FC3E-8828-41CE-BB9D-8E2D51F06D3EDocuSign Envelope ID: 9D61944E-D598-45A0-A36E-E54AF03822F4 Page 1of 1 ATTACHMENT D: WARRANTY REQUIREMENTS No product warranty is required therefore, Supply Agreement 3156, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. DocuSign Envelope ID: B1D8FC3E-8828-41CE-BB9D-8E2D51F06D3EDocuSign Envelope ID: 9D61944E-D598-45A0-A36E-E54AF03822F4