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HomeMy WebLinkAboutResolution - 2024-R0019 - 2 Resolutions, PO 10026968, 10027034, 1St Class Solutions, Package 2 - 01/09/2024Resolution No. 2024-R0019 Item No. 6.17 January 9, 2024 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Purchase Order Contract No. 10027034 by and between the City of Lubbock and ls` Class Solutions of Lubbock, Texas for furniture for the Health Department per National Purchasing Partners NPP PS20155, 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 on January 9, 2024 TR�Lr �, OR APl'ROVED AS TO CONTENT: �� e • Erik Rejino, Assistant City Manager .� Assistant City Attorney ccdocs IIIRES.15f Class Solutions NPP PS20155-PurchaseOrd December 15, 2023 �►r ���of Lubbock TEIfAS PURCHASE ORDER TO: 1 ST CLASS SOLUTIONS 6808 79TH STREET LUBBOCK TX 79424 Page - 1 Date - 12/11/2023 Order Number 10027034 000 OP Branch/Plant 1611 SHIP TO: CITY OF LUBBOCK HEALTH 2015 SOTH STREET SUITE A LUBBOCK TX 79412 INVOICE TO: Cl1'Y OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Maita Alvaz+ri, Director Purchasing & Contract �►agexrent Ordered 12/11/2023 Freight Requested 3/5/2024 Taken By Delivery PER T KEY REQ 61090 T FLORES PUR 17723/NPP PS20155/M-5778072 If you have any questions in regard to this order, please contact Darren Densford, AIA, at 806-775-2368 or DDensford@mylubbock.us. Description/Supplier Item Furniture Terms NET DUE ON RECEIPT INSURANCE REQUIRED: 72,756.00 Commercial General Liabilitv: Automotive Liabilitv: $1M occurrence /$2M aggregate (can be combined with an Excess $1M/occurrence is needed Liability to meet requirement). CGL is required in ALL contracts. [t is perhaps the most important of all insurance policies in a contractual Workers Comaensation and Emalover Liabilitv: relationship. It insures the Contractor has broad liability coverage for Statutory. [f the vendor is an independent contractor with no contractual activities and for completed operations. employees and are exempt from providing Workers' Compensation coverage, they must sign a waiver (obtained from COL Commercial General Liability to include Products �ompletion/OP, Purchasing) and include a copy of their driver's license. Employer Personal and Advertising Injury, Contractual Liability, Fire Damage Liability ($1 M) is required with Workers (any one fire), and Medical Expenses (any one person). Compensation. *The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured status on a primary and non- contributory basis on all liability policies except professional liabilities and workers' comp. *Waivers of Subrogation are required for CGL, AL, and WC. *To Include Products of Completed Operations endorsement. *Carrier will provide a 30-day written notice of cancellation, 10- day written notice for non-payment. *Carriers must meet an A.M. Best rating of A- or better. *Subcontractors must carry same limits as listed above. This purchase order encumbers funds in the amount of $72,756.00 awarded to ls� Class Solutions of Lubbock, TX, on January 9 , 2024. The following is incorporated into and made part of this purchase order by reference: Quote dated December 14, 2� , om 51 ass olutions of Lubbock, TX, and NPP PS20155. Resolution # 2024-R0019 CITY O CK: Tray Payn , ayor Ordered Unit Cost UM Extension Request Date 1.000 72,756.0000 EA 72,756.00 3/5/2024 Total Order EST: Courtney Paz, City S ary Rev. 3/2022 Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS STAIYDARD TERMS AND CONDITIONS ACCEPTANCE OF THIS PURCHASE ORDER. CONTRACTOR ACKNOWLEDGES. by supplvmc anv Goads or Smices thal �he Contacmr has read. fullv understands. and wdl be m full wmoliance wnh all ternis and condn�ons and Ihe desrnptrve material containcd herein and any addit�onal associated documents and Amendments. The Citv disclaims am �mnc and co�dmons provided bv the Cont2Mor unless aereed uoon m writine bv the oanies. In the event of con0icl between the Olv's tema and wnditions and are tertns and conditions orovided bv the Contrzclor, the tems and conditions provided herein shall prcvail. The tems and conditions orovided haein are the final tmns a¢reed uoon by �he pania. and anv prior conFlictine �mns shall be of no force or effea. 1. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial praaice. Each shipping comainer shall be clearly and pemanently marked as follows (a) Seller's name and address, (b) Consignee's name, addras and purchaze order or purchase release number and �he supply agreement number if applicable, (c) Comaina number and �otal number of containers, e.g. box 1 of 4 boxa, and (d) the number of Ihe container bearing lhe packing slip. Seller shall bear cos� of packaging unlas othenvix provided. Goods shall be suitably packed �o secure lowa� transportation costs and �o conform with requirements of common camers and any applicable specifications. Buyxr's coum or weight shall be final and wnclusive on shipments nol accompanied by packing lis�s. 2. SHIPMEM' UNDER RESERVATION PROHfBITED. Seller is not authorized to ship �he goads unda ramation and no tenda of a bill of lading will operale az a �enda of goods. 3. TITLE AND RISK OF LOSS. The title and risk of loss of Ihe goods shall not pass to Buyer umil Buyer actually receiva a� �aka possasion of �he goods at �he point or pomts of delivery. 4. NO REPLACEMENI' OF DEFECTIV E TENDER Every tender of delivery of goods musl fullycomplywith all provisiont of this contract az �o �ime of delivery, quality and Ihe like. If a tender is made which doa not fully confolm, this shall wnslilute a brcach and Seller shall not have the right lo substitute a confo�ming lenda, provided, whae the time for perPormance has not yel expircd, the Seller may rcawnably notify Buyer of his intrntion �o cure and may then make a mnfortning tender within the coniract time but not afternard. 5. INVOICES &. PAYMENTS. a S e I I e r shall submit separate invoica, in duplicate, one wch purchaze order or purchase rclease aRtt wch delivery. Invoices shall indiwte Ihe purchase orda or purchase rcleate number and the supply agreement number if applicable. Invoicu shall be itemiud and transponation charga, if any, shall be listed separately. A copy of the bill of lading, and �he freigh� waybill when applicable, shauld be attached to �he invoice. Mail To: Accounts Payable, City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457. Payment shall not be due until ihe above instrmnents are submitted aflerdelivery. 6. GRATUITIES. The Buyer may, by written no�ice to the Seller, cancel �his contract wi�how liability �o Seller if it is de�ermined by Buyer that gratuilia, in �he Cortn of rntenainment, gifls or othelwise, were oflered or given by the Seller, or any agent or rcpruemative of �he Seller, a my offica or employee of the City of Lubbock with a view to securing a wntract or securing Fawrable heatment with rapecl to Ihe awarding or amending, or the making of any determinations with rapect m the performing of such a comrsa. In �he went this wntract is canceled by Buyer pursuant to this provision, Buyer shall be entilled, in addition to any olher righls and remedia, lo recover or withhold Ihe amount of �he cost incurred by Seller in providing such graluilies. 7. SPECIAI, TOOLS � TEST EQIJ[PMENT. If the price sta�ed on the face hereof includa the eost of any speeial tooling or special �est equipmrnt fabriwted or requircd by Seller (or the purpou of filling this order, such special �ooling equipment and any procas shee�s rclated �hercto shall become �he propelty of the Buyrr and to �he extem (easible shall be identified by the Seller u such. 8. WARRAM'Y-PRICE. a The price to be paid by the Buyer shall be �ha� comained in Seller's bid which Sella wartants to be no higher than Seller's cmrent process on orders by olhers for pmducts of the kind and specification covered by �his agreemem for similar quantitias under similar of like conditions and methods of purchace. In the wrnt Sella brcacha this wartanry, the prices of the items shall be reduced to Ihe Seller's culrent prices on orders by others, or in the altemative. Buyer may cancel this conlracl without liability to Seller for brcach or Seller's actual expense. b. The Sella warrants that no pnson or ulling agency has heen employed or retained to solicit or ucurc Ihis conlrad upon an agreement or understanding for commission, percenlage, brokerage, or contingen� fee excepling bona fide employea of bona fide atablished commercial or selling agencia maintained by Ihe Sella for lhe p�vpou of securing businas. For brcach of viciation of Ihis wartanty the Bu�er shall have Ihe right in addition to any other right of rights �o cancel �his mntract without liabili�y and to deduc� from the wntrzct price, or othmvise recova withow liability and to deduct from �he contraa price, oro�hmvise recoverthe PoII amount ofsuch commission, percentage, brokerage or wmingent fce. 9. WARRAM'Y-PRODUCT. Seller shall not limit or exclude any implied warrantia and any anempt to do so shall renda this contract voidable at the op�ion of �he Buyer. Sella warrams �hat the goods fumished will confortn to Ihe specification, drawings, and dacriptiont listed in �he bid invita�ion, and ro the sampk(s) fumished by the Seller, if any. In the event of a wn0ic� or between the specificalions, drawmgs, and descriptions, the specifiwtions shall govem Notwithslanding any provisions contained in lhe contaclual agreement, Ihe Seller represents and wartants fault-Gee perfomunceaid fauh-frceraultin�heprocasingdateanddaterclateddata (i�luding, bm not limited a calcula�ing, comparing and seque�ing) of all hardware, software and firmware produas delivaed and services provided u�a this Contraa, individually or in combination, as the case may be from �he effeaive date ot this Comract. The obligations comained httein apply to pmducts and srnices provided by the Seller, its sub Sella or any lhird pany involved in the creation or development of the producu and services to be delivaed to the City o( Lubbock under Ihis Conhaa. Failurc to comply with any of Ihe obligations contained herein, may rault in the City of Lubbock availing i�self of any of its rights w�der the law and under �his Contract including, but not limi�ed to, its righ� penaining to tmnina�ion or deFauh. The warrantia contained herein are separate and discrete from any otha warranties specified in this Conlracl, and are not subjecl to any disclaimer of wartanty, implied or expressed, or limi�a�ion of �he Seller's liabilily which may be specified in �his Contract, ils apprndices, ils schedules, its annexa or any document incoryorated in this Contrac� by rckrence. 10. SAFEfY WARRANTY. Seller warranls �hat the ploduct sold ro Ihe Buyer shall wnform to the standards promulga�ed by �he U. S. Depa�tmrn� of Labor under �he Occupa�ional Safetyand Healih Act of 1970. In Ihe event the product does nol confolm �o OSHA s�andards, Buyer may retum Ihe producl for cortection or rcplacemenl al the Seller's expense. In Ihe evem Seller fails ro make the appropriale cofrMbn within a rcasonable time, coRection made by Buyer will be at �he Seller's expense. 11. NO WARRANfY BY Bl1YER AGAINST INFRINGEMEM'S. As pan of this contraa for sale Sella agrea �o auertain whdha goods manufacturcd in accardance with �he specifiwtions a�tached to Ihis agrament will give rise to the righiful claim of any third persan by way of inGmgemem of �he like. Buyer makes no wartanty Ihat the production of goods according to the specifiwtion will not give rise lo such a claim, and in no event shall Buyer be liable to Seller for indemnification in Ihe event Ihat Seller is sued on �he �ounds of inGingemenl ofthe like. If Seller is of �he opinion that an inGingement or �he like will result, he will nolify lhe Buya �o this effec� in writing within two wceks afla the signing of this agreement. If Buya doa not receive notice and is subsequenlly held liable for the infringement or Ihe like, Seller will save Buyer harmless. If Sella in gaod fai�h azcenain� �he production of the goods in accordance with the specifica�ions will rcsult in infringemem or the like, the contraa shall be null and void. 12. NON APPROPRIATION. All funds for paymenl by the Cily under Ihis contract are subjal to Ihe availability of an annual appropriation for Ihis purpou by Ihe City. In Ihe wenl of nonappropriation of (unds by the City Council of the City of Lubbock for �he goods or services provided under the wntraa, the City will tmninate �he contract, without trnnination charge or other liability, on �he lazt day of the �hrn-curtent fival year or when the appropriation made for the �hm-current year for the goods or srnica covercd by �his contraa is spent, whichever event occurs first. If at any time funds are not apptopriated for �he continuance of �his contract, caricellation shall be accryted by the Sella an thiNy (30) days prior wrinrn notice, bul hilure to give such notice shall be of no efTecl and Ihe Cily shall nol be obligaled unda this contract beyond the date of Irnninatiort 13. RIGHT OF MSPEC'f10N. Buyer shall have �he right to inspect the goods at delivery beforc accep�ing them 14. CANCELLATION. Buyxr shall have the right lo cancel for defaull all or any part of Ihe undelivered portion ot this order if Seller breacha any of Ihe tmns hermf including wartantia of Seller or if the Seller becoma insolvent or commils acts of bankruptcy. Such right of cancellation is in addi�ion to and nol in liw of any other remedia which Buy+er may have in law or equity. I5. TERMMATION. The performance of work under this order may be �rnnina�ed in whole, or in part by the Buyer in accordance wi�h this provision. Tmninatian of work hereunda shall be effected by the delivery of the Seller of a"Nouce of Termmat�on" specifying the exlrnt a which perfomunce of work under the order �s �ertnma�ed and lhe dale upon which such lertninalion becoma eflective. Such right or Irnninal�on ¢ m addiuon to and not m lieu of the rights of Buyer ut Conh in Clause 14, herein 16. FORCE MAJEURE. Neither party shall be held raponsible for lossa, raultmg if the fulfillment of any temis of pmvisions of �his contrzct is delayed or prevented by any cause no� with�n the conirol of Ihe party whou perfolmance is interfered with, and which by �he exercise of reasonable diligence said party is unable to prevrnt. 17. ASSIGNMENT-DELEGATION. No righl or interest in this conlmct shall be assigned or delega��on of any obligation made by Seller without the writtrn pertniuion of the Buyer. Any altempted assignment or delegat�on by Selln shall be wholly void a� totally ineffective for all purpose unlas made in conformilywilh th�s paragraph 18. WAIV ER. No claim or right arising out of a breach of �his contrza can be discharged m whole or in pan by a waiva or renunciation of �he claim or righ� unlas �he waiver or renunciation is supponed by consideration and is in wriling signed by the aggrieved party. 19. INTERPRETATION-PAROLE EVmENCE. This writing, plus any specifications for bids and performance provided by Buyer in its adverlisement for bids, and any other documems prov�ded by Seller as part of his bid, is intended by Ihe panies az a final expression of the'v agreement and intended also az a complele and exclusive statement of �he terms of �he'v agreement. Whenever a trnn defined by the Uniform Commrncial Code is used m �h�s agramrnt, �he definition conroined in the Code is lo con�rol. 20. APPLICABLE LAW. This agreement shall be govemed by the Unifortn Commerc�al Code Wherever �he trnn "Uniform Commercial Code" is used, i� shall be constn�ed as meaning the Uni(ofm Commercial Code az adop�ed in the State of Texas as effective and in Corce on the date of this agreement. 21. RIGHT TO ASSURANCE. Whenever one parly to this wntred in good faith has reason to quation �he other party's intrnt to perform he may demand �ha� the other party give wriurn assurznce of h�s mtrnt lo per(omt In Ihe evem �hat a demand is made and no assurance is given within five (5) days, �he demanding party may Ireat this failure as an anticiparory rcpudia�ion of the contraa. 22. INDEMNIFICATION. Seller shall indemni(y, kcep and uve harmlas the Buya, tls agrnts, offiaals and employees, agains� all injuries, dwths, loss, damages, claims, palent claims, suits, liabditia, judgments, costs and ezpensa, which may in anywise accme against �he Buyer in consequence of the granting of this Contraa or which may anywise rault therefrorq whether or not i� shall be alleged or detrnnincd that �he act waz caused Ihrough negligence or omission of the Seller or its employea, or of lhe subSeller or assignm or its employea, if any, and �he Seller shall, at his own expense, appear, defend and pay all charges of auomeys a�d all cos�s and otha expensa arising �herefrom of incurred in connection themvi�h, and, if anyjudgment shall be rcndercd against Ihe Buyer in any such actioq the Sella shall, at its own expertses, satisfy and discharge the same Seller expressly understands and agrea that any bond requ'ved by this contrsct, or othmvise provided by Seller, shall in no way limit Ihe responsibility ro indemnify, keep and save harmlas and deknd the Buyer as haein provided. 23. TQdE. h is hereby expressly agreed and unders�ood that �ime is o( the asence for the per(ormance of this comraa, and failure by contracl to meet Ihe time specifications of �his agreement will cause Seller to be in default of this agreemenl. 24. MBE. The City of Lubbock haeby nmifia all bidders �hat in regard �o any comaa rntered into pursuant to this requat, minority and women businas entefprisa will be afforded equal oppoltunitia to submil bids in raponse to �his invitalion and will not be discriminated against on the grounds of race, color, xx or natuml origin in considera�ion for an award. 25. NON-ARBITRATION. The Ciry rama the right to exercise any right or remedy to it by law, conhacl, equity, or othmvise, including without limi�ation, �he right to seek any and all forms of rclief in a wurt of wmpetent jurisditlioa Furtha, Ihe City shall not be subject to any arbitration process prior lo exercising its unres�ricted right to seek judicial remedy. The remcdia set fonh herein are cumula�ive and not exclusive, and may be exercised concurtently To the ex�ent of anyconFlict behveen �his provision and anotherprovision in, or related to, lhis document, this provision shall control. 26. RIGHT TO AUDtT. At any time during the �ertn of the wntraa, or �herwfter, �he City, or a duly authoriud audit representative of the City or the SWte of Texas, at ils expense and al rcasonable tima, rames �he right to audit Contraaors rccords and books rclevant ro all srnices provided to the City under this Contran. In Ihe wem such an audit by the City meals any errors or ovapayments by the City, Contraaor shall rcfund the Ciry the full artaum of such overpayments wilhin thirty (30) days of such audi� findings, or the City, at rts option, rama the right to deduc� such amounts owing the Ciry fiom any payments due Contraaor. 27. The Comraaor shall not assign or subk� the contract, or any portion of �he contract, without writtrn content from the D'vector of Purchazing and Contract Management. 28. Contads with Compania Engaged in Businas with Iran, Sudan, or Foreign Tertorist Organi�a�ion Prohibited Pursuant lo Section 2252.152 of the Texas Govemment Code, pmhibits the City from entering into a wntrsct with a vendor Ihat is idenlified by The Comptrolla ac a company known lo have contracts with or provide supplia or serv�ce with Iran, Sudan or a foreign �errorist organization 29. Texaz Govemmem Code. Seclion 2252.908 rcquires a business emiry entning imo cenain contrac�s wi�h a govemmental entity or state agrncy �o file wi�h the govemmental rnti�y or state agrncy a disclosurc of interested pania al lhe lime the businas entity submi4s the signed contract to Ihe govemmental entity or state agency. Inshuclions for compkting Fofm 1295 are available at: Mto:Nsrww.ci,lubbaxk.iz.us�dcoartmcrdal- websita/drnartmems/ourchasin e/vendor-informat ion 30. No Boycou of Israel. Pursuant �o SMion 2271.002 of the Tezu Govemmenl Code, Rapondent certifies that either (i) it meets an exemption criteria under Sa�ion 2271.002; or (ii) it doa not boycott Israel and will not iaycotl Israel during Ihe tmn o(the contrad resu�ting Gom this solicita�ioa Rapondem shall state any Fac�s �ha� make it ezempt Gom the boycotl cMifiwtion in ils Raponse. 31. No Boycou of Energy Companies. Pursuant lo Sec�ion 2274 of �he Texas Govemmenl Code, Rapondent certifies Ihat either (i) it mee�s an exemp�ion criteria under Seaion 2274.002; or (ii) it doa not boycolt Enefgy Compania and will nol boycotl Enefgy Compania during Ihe trnn of the conhaa rauhing from this solicitation Rapondent shall state any Fac�s tha� make it exempt Gom the hoycott cMification in its Raponse. 32. No Boycou of a Fircarm Entity or Fireavn Trnde Association. Pursuant ro Section 2274 of ihe Texas Govemmenl Code, Rapondrnt certifia that either (i) it meels an exemption criteria under Section 2274.002; or (u) n daa nat boycott a F'veam� Entity or F'vearm Trade Association and will not boycatt a F'vearm Emiry or F'vearm Trade Assoc�ation during �he tertn of �he wntraq rcsulting finm ihis solicilation. Rapondenl shall sWte any facls ihat make it exempt from the boycott certificalion in its Retiponse. 33. Contrac�s wilh Compania Engaged in Businas wilh Iran, Sudan, or Foreign Tertaris� Organvation Prohibited. Pursuant to SMion 2252.152 of the Texas Govemment Code, pmhibits the City from emm�ng into a comraa wrth a vendor �hat is identified by The Compholler as a company known to have contracts wnh or pmv�de supplia or service with Iran, Sudan or a forcign lamrts� organ'valion 34. TEXAS PUBLIC ENFORMATION ACT. The requircmrnts of Subchapter 1, Chapter 552, Govemment Code, may apply lo this contraa and Ihe contractor or vendor agrea that the contract can be trnninated �f the contractor or vendor knowingly or intentionally faik to comply with a requirement of that subchapter. 35. Pursuant to Section 552301(c) of the Teau Govemment Code, the City of Lubbock has da�greted �he followmg email addras for which public information rcquats may be made by an emailed rcqua�. �. Pkase und �his rcqua� to �his email addras for it to be pmcased REV.3.np22 � 1ST CLASS SOLUTIONS S Prepared For: Marta Alvarez City of Lubbock - Purchasing i3�4 Avenue K Lubbock TX 794oi 806.775�z57z MAlvarez�a mylubbock.us City of Lubbock - Health Department RAYNOR NPPf/M-5778o7z Purchase Order Made Out To ist Class Solutions 5izi 69th Street, Suite B3 Lubbock,TX 794z4 CH� Qty Mfg Model No. Description List Sell Ext Sell � 10o RGP ME8ERGL0 ERGO LO BACK-MESH $i,69z.00 $7z7.56 $7z,756.00 Wo9-i A D E F G H J K M O P Black Mesh fension Control Tilt Lock Back Angle Adjustment Synchro-Tilt Seat Height Adjustment \Naterfall Seat NO Selection Back Height Adjustment Seat Depth Adjustment Arm H ei�ht Adjustment Swivel Arm Adjustable Arm Depth Exi List: $�69.zoo.00 Subtotal: 57z,7S6.00 Quote inc u es 3o ays o storage. torage ees may e app ie i storage term excee s Total List• Si69,zoo.00 3o days. TotalSell: $7z,756.00 We take great care in selecting fabiics and finishes on all of our fumiture. Please review all fabiic and finish selections for accuracy. Once fabrics and finishes are approved, please sign below and submit with PO. X I agree fabrics and finishes on this quote are accurate. I understand special orderfumiture cannot be retumed. Lacy Johnson : lacy�a �stclasssolutions.com 806.787•4749 Leeanne Bergen: leeanne�a istclasssolutions.com 806.470•4984 QUOTATION LM B� 89-� Date: �2h4/2o23 Expires: 1I25I2o24 ist Class Solutions 5izi 69th Street, Lubbock, TX 79424 I 806.77�.4888 I�stclasssolutions.com Pa�e i of �