HomeMy WebLinkAboutRes 2013-09-06 Purchase of Emergency GeneratorCITY OF ANNA, TEXAS
RESOLUTION NO. aD 1 - 1
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE PURCHASE OF
AN EMERGENCY GENERATOR
WHEREAS, the City's Emergency Management Coordinator has advised the City
Council of the City of Anna, Texas (the "Council") and the Council has found and
determined that the purchase of an emergency generator is necessary and essential to
preserve and protect the public health or safety of the City's residents; and
WHEREAS, the City of Anna, Texas (the "City") has received a written quote from
Global Power Supply to purchase a used (Volvo 40OKW Mobile Diesel Generator) for
the purchase price of $63,250.00; and
WHEREAS, the City's Financial Policy requires that all purchases above $50,000 must
be purchased under formal competitive sealed bidding rules or as otherwise permitted
by the Texas Local Government Code under Chapters 252 and 271; and
WHEREAS, Section 252.022(a)(2) of the Texas Local Government Code exempts from
competitive bidding a procurement necessary to preserve or protect the public health or
safety of the municipality's residents; and
WHEREAS, the City Attorney has advised that based on the Council's findings,
competitive bidding is not required for the purchase of an emergency generator as it
falls under the exemption in Section 252.022(a)(2) of the Texas Local Government
Code; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Emergency Generator Purchase
The City Council hereby authorizes the City Manager to purchase an emergency
generator from Global Power Supply for the purchase price of $63,250.00 as described
in the pricing quote, attached hereto as Exhibit 1. The City Manager is hereby
authorized to execute all documents and to take all other actions necessary to finalize
the purchase.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 24th
day of September, 2013.
CITY OF ANNA, TEXAS RESOLUTION NO. L _ PAGE 1 OF 2
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 2 OF 2
Sold To
The City of Anna Texas
Rob Woods
111 N. Powell Parkway
Anna, TX 75409
p: (940)206-7654
f:
Salesperson
Veronica Campanella
Account Manager
p: 805-683-3828x 268
f: 805-683-3823
veronica.campanella@globalpwr.com
Offer Number Offer Date FOB
GPSQ4209-01 Sep 10. 2013 Jobsite
Terms
50% Due with Purchase
Order. Balance Due on
Completion and Prior
Line l Qty ( Description l Unit Price ( Ext. Price
1 1 Volvo 400 kW Mobile Diesel Genset Used $62,000 $62,000
Mfg brand: Ingersoll Rand
Model: G500
Condition: Low Hours
165 Hours Since New
Engine:
Brand: Volvo
Model: TAD1630GE
Arrangement/CPL#: N/A
Manufacture Date: 2001
Fuel Type: Diesel
Governor: Electronic
Air Cleaner: Dry Type
Flywheel Hsg. Size: N/A
Cooling: Radiator Cooled
Alternator: 24 Volt Alternator
Starter: 24 Volt Electric Starter
Tier Rating: No Tier Rating
Generator:
Brand: Leroy Somer
Model: 47.1 M6 C 6/4
KW: 400
KVA: 500
Rating: Prime
Volts: 277/480
Amps: N/A
Phase: Three Phase
PF: 0.8
Temp Rise: N/A
Frame Size: N/A
Leads: N/A
RPM: 1800.0
Additional Information: Battery; Battery Rack;Engine Gauges;Fuel
Tank; Muffler; Enclosure; Generator Panel;Autostart; Breaker; Safety Shutdowns,
Sound Attenuated Enclosure, Weight (lbs): 20000, Dimensions (LxWxH inches):
393x98x140, Breaker: 0, Fuel Tank: 1400 (fuel tank size estimated)
30 day warranty from the date of installation on major component malfunction.
Estimated Lead Time - In Stock
Warranty Mfg / Vendor Pass Through
09/10/13 13:18:03 Global Power Supply - 136 West Canon Perdido St. Suite 200, Santa Barbara • CA - 93101 Page 1 of 3
Line I Qty I Description Unit Price Ext. Price
2 1 Freight to City of Anna, TX $1,250 $1,250
SCHEDULED DELIVERY DATE: Any delay in scheduled delivery date caused by or requested by
SubTotal $63,250.00
Buyer shall not change the due date of any payments to Seller. All payments due prior to delivery shall
Tax $0.00
be made prior to scheduled delivery date. In the event Buyer requests or causes a delay in delivery,
"net' terms shall commence on the scheduled delivery date. In the event Buyer requests or causes a
delay in delivery, Seller may charge Applicable Federal, state, and local taxes not included. Offer valid
Grand Total $63,250.00
for 30 days. Offer subject to the availability of equipment. Equipment subject to prior sale. See
attached for additional terms and conditions.
Notes - 1) Sales tax is not included and will be added to the invoice if applicable.
2) Freight to the jobsite is included. Offloading of the equipment is to be provided by others.
3) Startup has not been quoted. GPS can provide pricing for this service upon receipt of a desired
scope of work from The City of Anna Texas.
4) GPS is quoting a specific, in -stock genset that is subject to prior sale.
5) Unit will be inspected, cleaned, serviced and load bank tested prior to shipment.
Accepted By
09/10/13 13:18:03 Global Power Supply • 136 Went Canon Perdido St. Suite 200 - Santa Barbara • CA • 93101 Page 2 of 3
GLOBAL POWER SUPPLY STANDARD TERMS AND CONDITIONS OF OFFER
1. This offer is subject to all of the terns and conditions stated herein. If any terms contained in the acceptance of this offer or contained in any purchase
order are at variance with the terms of this offer, then the terns of this offer shall govern. All additional or differing terms from this offer contained in any
acceptance or purchase order shall be deemed material alterations and notice of objection to them is hereby given. Acceptance of this offer must be in
writing (including email).
2. Unless otherwise specified in this offer, the equipment shall be delivered `where is" and it is the responsibility of Buyer to arrange for all aspects of
transportation and delivery including preparation for transportation.
3. Title and risk of loss shall pass to Buyer at the time Seller gives written notice to Buyer of Buyer's right to possession of the equipment or when the
equipment is delivered to Buyer or when Buyer enters on the premises where the equipment is located for the purpose of commencing preparation for
transportation or delivery, whichever comes first. If the full purchase price for the equipment has not been paid by Buyer at said time, then Seller shall have
a lien on and security interest in the equipment until the purchase price is paid in full.
4. Seller warrants that Buyer shall receive good title to the equipment Itis expressly agreed that this warranty
will he in lieu of all wa17-andes of ri tness and in lieu of the wan-antyofinerchantability. Seller makes no other
warranties, express or implied The equipmentis purchased by Buyer "as is" and Seller does not warrant that
the equipmentis ofinerchantable quality or that itcan he used for anypardeular purpose. Unless an
additional warranty is checked by Seller on tine reverse side of this contract, this is the sole and exclusive
warranty provided by Seller to Buyer.
5. This offer, when accepted by Buyer, shall be the contract between the parties and shall be the final expression and a complete and exclusive statement of the
parties' agreement concerning the equipment specified herein. No course of prior dealings between the parties and no usage of the trade shall be relevant to
supplement or explain any term or any part of any term of this contract, Acceptance or acquiescence in a course of performance rendered under this
contract shall not be relevant to determine the meaning of this contract even though the accepting or acquiescing party has knowledge of the nature of the
performance and opportunity for objection. This contract can be modified only by a writing signed by the parties hereto. No waiver with respect to this
contract shall occur or be valid unless said waiver is in writing and signed by the parties.
6. This contract shall be governed by the laws of the State of California, without regard to conflict of law principles.
7. Seller shall not be liable in con tract or in tort for special, indirect, incidental or consequen tin] damages
resulting from any breach of this con hact by Seller or any action or inaction by Seller in relation to the
transaction ihatis thesubjectof this agreement In no event, as a resultofbreach of contract orin tort or any
action or inaction by Seller in relation to the transaction that is the subject matter of this agreement, shall
Seller's liability to Buyer exceed a sum equal to the lower of (1) the difference between the contract pace
herein and the market value of the equipment or (2) the cost of replacement or repair of the equipment or (3)
the purchase price of the equipment pursuant to this contract
8. Buyer shall be responsible for all sales, use, occupation, excise, or other taxes arising out of the sale of the equipment to Buyer. Seller is not responsible for
obtaining any permits or licenses relating to the equipment and seller makes no representation as to any environmental issues of any kind whatsoever.
9. Buyer shall indemnify and hold harmless Seller, from any and all claims, liabilities, fines, or damages of any kind whatsoever, resulting from Buyer's
preparation for transport of the equipment, transport of the equipment, installation of the equipment, use of the equipment, or any other action by Buyer in
relation to the equipment.
10. Warranty Definitions. The following definitions apply to the warranty terns set forth in the Offer to Sell. This paragraph provides definitions only and
does not indicate the existence of any warranty. The warranty given in addition to the provisions of paragraph 4 hereof, if any, is indicated on the reverse
side of this contract. Unless an additional warranty is specified by Seller on the reverse side of this contract, then
the on ly wa rm n ty is provided in paragraph 4 hereof. If an additional warrantyis so specified, then that
warraniyis exclusive and in lieu of all other warranties of quality including any warrantyofinerchantability
or fitness for purpose.
a. Length of warranty period. The warranty period shall commence at the time title and risk of loss pass to Buyer pursuant to paragraph 3 hereof.
b. Repair or replacement. This means that Buyer's sole and exclusive remedy shall be limited the repair or replacement, at Seller's option, of any
defective part. Replacement is defined as the physical replacement of the part or, at Seller's option, the whole or, at Seller's option, the payment to
Buyer of a sum equal to the purchase price of this equipment pursuant to this contract and return to seller of the equipment. All work done shall be
at a facility designated by Seller. Transportation costs to and from the repair facility shall be paid by Buyer. If this warranty is applicable Buyer
agrees that the remedy of repair or replacement is the exclusive and sole remedy of Buyer.
c. Manufacturer or other vendor pass through. This means that Seller will pass through to Buyer any warranty provided for the equipment by the
manufacturer or vendor. Seller will assist Buyer in obtaining information and documentation with respect to said warranty. Buyer agrees that if
this warranty is applicable, the sole and exclusive remedy of buyer is that Buyer will look exclusively to the manufacturer or other vendor for any
and all warranty claims.
d. Working condition on transfer of possession. This means that at the time Buyer first installs or tests the equipment and for 24 hours thereafter, it
will perform its ordinary functions, taking into consideration the age of the equipment. In no event shall the time of installation or test be later than
30 days after the passing of title provided for in paragraph 3 hereof. If this warranty is applicable Buyer agrees that Buyer's sole and exclusive
remedy is the return of the equipment for a Rill refund of the purchase price.
e. No warranty obligations (except as to title) shall apply to any equipment (1) repaired, modified, or altered without prior approval of Seller; (2)
subject to misuse, abuse, accident, or inadequate maintenance (3) based on reasonable wear and tear.
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