BID - Portable Camera System 2002

This document is a contract between the City of San Marcos and a contractor for the purchase of goods. The contract includes various clauses and provisions related to the terms and conditions of the agreement. Some of the key points mentioned in the document are as follows: - The contractor is required to provide a written assurance of intent to perform if there are any doubts about their commitment to fulfill the contract. - The contractor is responsible for packaging the goods according to commercial practice and the carrier's requirements. - Each shipping container must be clearly marked with the contractor's and city's information, as well as the purchase order details. - The city's count or weight will be considered final for shipments without packing lists. - The contractor is not allowed to ship goods under reservation, and a bill of lading does not count as a tender of goods. - Any tender or delivery of goods must fully comply with the contract's provisions, and a non-conforming tender will be considered a breach. - The contractor can notify the city of their intention to cure a breach and provide a conforming tender within the contract time. - The contractor warrants that their price for goods is not higher than their current prices for similar quantities and conditions. - The goods sold to the city must conform to the standards set by the U.S. Department of Labor's Occupational Safety and Health Act (OSHA). - The contractor is required to indemnify and defend the city against any claims of patent, copyright, or trademark infringement. - Any protests regarding the bid must be submitted in writing within 5 calendar days after bid opening. - The city council is the final authority on contract-related issues, and the purchasing manager is the city's representative. - The contractor must continue performance of the contract during disputes, and timely production and delivery of goods should not be delayed. - Payment will be made upon satisfactory delivery and acceptance of goods, and invoices must include specific information. - The city will comply with the Prompt Payment Act regarding payments under the contract. - Prompt payment discounts will not be considered in determining low bids and making awards. - Delivery of goods will be made Free on Board (FOB) to the final destination, and the title and risk of loss will pass to the city upon receipt and acceptance. - The city has the right to inspect and accept or reject deliveries that do not conform to specifications. - No variation in the quantity of goods will be accepted unless allowed elsewhere in the contract. - The contractor warrants that all goods delivered will conform to specifications, be of merchantable quality, free from defects, and fit for the specified purposes. - The city may terminate the contract if gratuities (gifts or otherwise) were offered or given by the Contractor, or any agent or representative of the Contractor.