HomeMy WebLinkAboutResolution - 2021-R0263 - PO 31060015 Daco Fire Safety Equipment 7.27.21Resolution No, 2021-110263
Item No. 6.24
July 27, 2021
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 approve
and ratify the signatures of the City Manager or his designee and execute for and on behalf of
the City of Lubbock, a purchase order No. 31060015 for the repair of a Lubbock Fire Rescue
Fire Engine #I, by and between the City of Lubbock and Daco Fire Safety Equipment of
Lubbock, Texas, and related documents. Said Contract 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 July 27, 2021
V
DANIEL M. POPE, MAYOR
ATTEST:
Rcbkcca Garza, City ecr ary
APPROVED AS TO CONTENT:
Brooke Witcher, Assistant City Manager
APPROVED AS TO FORM:
K lli Leisure, Assistant City Attorney
cedo&RES.Ratify LFR Repair PO
07.23.21
ILubbtock
TEXAS
PURCHASE ORDER
TO: DACO FIRE SAFETY EQUIPMENT
PO BOX 5006
201 AVE R
LUBBOCK TX 79456
INVOICETO: CITYOFLUBBOCK
ACCOUNTSPAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457
Ordered 6/21/2021 Freight
Page - 1
Date - 6/21/2021
Order Number 31060015 000 OF
Branch/Plant 3526
SHIP TO: CITY OF LUBBOCK
FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK TX 79404
Requested 6/21/2021 Taken By Y BUSBY
Delivery PER L MOBBS REQ 57480 RATIFIED PURCHASE - PUR 15997
If you have any questions contact Lisa Mobbs: Imobbs@mylubbock.us Phone 806-775-2185
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
Wreck Vehicle 1.000 1,000.0000 EA 1,000.00 6/21/2021
INV 25685
Eq Maint-Motor Vehicle
Terms NET 30 DAYS
1.000 51,003.0000 EA 51,003.00 6/21/2021
Total Order
52.003.00
This purchase order ratifies a purchase in the amount ofE52,003.00 to Daco Fire Equipment ofLubbock, TX, on June 21.2021. The following is
incorporated into and made part of this purchase order by reference: Invoice 25685 dated June 8, 2021, from Daco Fire Equipment of Lubbock,TX.
Resolution 2071-Ra263
OP LU BQay.r R.T
Da /
Daniel M. Pope. Mayor Re cca Gone. City Secret
Rev. 1/2020
Seller and Buyer agree as
follows:
PURCHASE ORDER
TERMS AND CONDITIONS
STANDARD TERMS AND CONDITIONS
ACCEPTANCE OF THIS PURCHASE ORDER:
mnaerRanns. ann utll pe to dill eomnitance with all terms Md Conditions and the deseriptiye matairl Contained
haeinandanvadditianslassociateddocumentsandAmendmags The City disclaims any terms aracon•itions
providedthe Contractor untess aerced Moon in writing between
City's terms and conditions and any terms and conditions tsrovided by the Contractor. the terms and conditions
provided herein shall prevail. The terms and conditions provided herein are the final tams agreed upon by the
parties, and tiny prior conflicting, terms shall be of ne force or effect
I. SELLERTO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice.
Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address.
(b) Consignee's name, address and purchase order or purchase releasenumber and the supply agreement number
if applicable, (c) Container number and total number of containers, e.g. box I of 4 boxes. and (d) the number
of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods
shall be suitably packed to secure lowest transportation costs and to conform with requirements of common
carriers and any applicable specifications. Buyer's count or Weight shall be final and conclusive on shipments
not accompanied by packing lists.
2. SHIPMENT TINDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under
reservation and no tender ofa bill of lading will operate as a tender of goods.
3. TITLE AND RISK OF LOSS. The tale and risk of loss of the goods shall not pass to Buyer until Buyer
actually receives and takes possession of the goods at the point or points of delivery•.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply
with all provisions of this contract as to time of delivery. quality and the like. If a tender is made which does
not fully conform. this shall constitute a breach and Seller shall not have the right to substitute a conforming
tender. provided. where the time for performance has not )a expired. the Seiler may reasonably notify Buyer
of his intention to cure and may than make a conforming lender within the contract time but not afterward,
5. INVOICES & PAYMENTS. a. S e I I er shall submit separate invoices. in duplicate, one each purchase
order or purchase release after each delivery. invoices shall indicate the purchase order or purchase release
number and the supply agreement number if applicable. invoices shall be itemized and transportation charges.
if any. shill be listed separately. A copy of the bill of lading, and the freight Waybill % hen applicable, should
bit attached to the invoice. Mail To: Accounts Payable. City of Lubbock. P. O, Ile+% 2000. Lubbock. Texas
79457. Payment shall not be due until the above instruntentsare submiuedafladclivery.
6. GRATUITIES. The Buys may. by Written notice to the Seller, cancel this contract Without liability to
Seller if it is determined by Buyer that gmtuities, in the form of tmatainmem. gifts or otherwise, use offered
or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of
Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding of
amending. or the making of any determinations %with respect to the performing of such a contract. In then cot
this contract is canceled by Buya pursuant to this provision. Buyer shall be entitled, in addition to any other
rights and remedies. to recover or withhold the amount of the cost incurred by Seller in pro, iding such gratuities.
7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the cog of any
special tooling or special tat equipment fabricated or requued by Seller fur the purpose of filling this order.
such special tooling equipment and any process sheets related thereto shall become the property of the Buyer
and to the extent feasible shall be identified by the Seller as such.
S. WARRANTY -PRICE. a The price to be paid by the Buyer shall be that contained in Seller's bid
Which Seller warrants to be no higher than Sellei % current process on orders by others for products of the kind
and specification covered by this agreement for similar quantities under similar of lilt conditions and methods
of purchase In the event Seller breaches this Warranty. the prices of the awns shall be reduced to the
Seller's current prices an orders by others. or in the altemati%e. Buya may cancel this contract without
liability to Seller for batch or Seller'sactual expense. b. The Seller uarrarts that no person or selling agency
has been employed or retained to solicit or secure this contract upon an agreement or understanding for
commission, percentage. brokerage. or contingent fee excepting bona fide emplv)ees of bona fide established
commercial or selling agencies maintained by the Seller for the purpose of souring business, For breach of
vitiation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this
contract Without liability and to deduct from the contract price. at otherwise recover without liability and to
deduct from the contract price. or othmt ise ran%er the fins amount of such camrnissi0n. percentage. brokerage
or contingent fee.
9. WARRANTY -PRODUCT. Seller shall not limit or exclude any implied Warranties and any attempt to do
so shall render this contract voidable at the option of the Buyer. Sella Warrants that the goods furnished uill
conform to the specification. drawings, and descriptions listed in the bid imitation. and to the sample($) furnished
by the Sella. if any. In the event of a conflict or baua m the specifications, drm%ings, and descriptions. the
specifications shall govern. Nat-olislanding any provisions contained in the contractual agreement, the Seller
represents and Warrants fault-fiee pafosmancc and fault -fin result in the processing date and date related data
(including, but not limited to calculating. comparing and sequencing) of all hardware. sofi,vareand firmuarc
products deli%ered and services provided under this Contract. indi, idually or in combination. as the cast may
be from the effecti%e date of this Contract. The obligations contained herein apply to products and services
provided by the Sella. its sub Sella err any third pang inn oh ed in the creation or development of the products
andsmicesto be delivered to the City of Lubbock under this Contract. Failure to comply Wish any of the
obligations contained herein. may result in the City of Lubbock awaiting itself of an) of its rights under the
law and undo this Contract including. but act limited to. its right pertaining to Ietrommum or default- The
warranties contained herein arc separate and discrete fiom any other warranties specified in this Contract.
and arc Fiat subjea to any disclaims of usnamy. implied or expressed, or limitation of the Seller's liability
which may be specified in this Contract. its appendices. its schedules, its annexes or any document incorporated
in this Contract by reference.
10. SAFETY WARRANTY. Seller Warrants that the product wed to the Buyer shall conform to the standards
promulgated by the U. S. Department of Labor under the Occupmional Safety and Health Act of im In the
event the product does not conform to OSHA standards. Buyer may return the product for correction or
replacement at the Seller's expense. In the event Sella fails to make the appropriate correction Within a
reasonable timm correction made by Buyer W ill be at the Seller's expense.
I L NO WARRANTY BY BUYER AGAM. T LN'FRINGEMENTS- As part of this contract for sale Seiler
agrees to ascertain Whether goods manufactured in accordance With the specifications attached to the agreement
will give rise to the rightful claim of any third person byway of infringement of the like. Buya makes«o
warranty that the production of goods according to the specification will not give rise to such a claim. and in no
event shall Buyer be liable to Sella for indemnification in the event that Seller is sued on the grounds of
infringement ofibe Wee. If Sena is of the opinion that an infringement or the like Will result. he Will notify the
Buyer to this effect in uriting Within two %coat after the signing of this agreement. If Buyer dos not receive
notice and is subsequently held liable for the infringeme m or the like. Setter will save Buyer harmless. If
Sella in goad faith ascertains the production of the goods in accordance With the specifications Will result in
iniringememr or the like. the contract shall be null and void
12. NON APPROPRIATION. All funds for payment by the City under this contract are subject to the
availability of an annual Appropriation for this purpose by the City. In the evens of ranappropriatian of funds
by the city Council of the city of Lubbock for the goods or sen ices provided under the contract. the fay will
terminare the contract. without lamination charge or other liability. on the last day of the then-curran fiscal
year or wren the appropriation made for the teen cumtpt year for the goods at services covered by this contract
is spent. whichever evens occurs fast If at any time feeds are not appropriated for the continuance of this
contract. cancellation shall be accepted by the Seiler an thirty (30) days prior Written notice. but failure to give
such notice shall be of no effect and the City shall not be obligated under this contract beyond the due of
lamination.
13. RIGHT OF INSPECTION. Dow shall have the right to inspect the goods at delivery before accepting
them.
14. CANCELLATION. Buyer shall have the right to cancel for default all or any pan of the undelivaed
portion of this order if Sella breaches any of the testes hereof including warranties of Sella or if the Sella
becomes insolvent or commies acts of bankruptcy. Such right of cancellation is in addition to and not in
lieu of any other remedies which Buyer may have in low or equity.
15. TERMINATION. The performance of work under this order may be terminated in whole, or in pan by the
Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery
of the Seller of a "Notice of Termination" specifying the extent to which performance of work under the
order is terminated and the date upon which such termination becomes effective. Such right or lamination Is
in addition to and not in lieu of the rights of Buyer act forth in Clause 14, herein.
16. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment
of any terms of provisions of this contract is delayed or presented by any cause not within the control of the
party whose performance is interfered with. and which by the exercise of reasonable diligence said party is
unable to prevent.
17. ASSIGNMENT -DELEGATION, No right or interest in this contract shall be assigned or delegation of
any obligation made by Sella Without the written permission of the Buyer. Any attempted assignment or
delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with
this paragraph.
IS. WAIVER. No claim or right arising out ofa breach of this contract can be discharged in u hole or in pan
by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
consideration and is in writing signed by the aggrieved parry.
19. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and
performance provided by Buyer in its advertisement for bids. and any other documents provided by
Seller as pan of his bid. is intended by the panics as a final expression of their agreement and intended also
as a complete and a%elusive statement of the terms of thew agreement. %Vhenever a tam defined by the
Uniform Commercial Code is used in this agreement• the definition contained in the Code is to control.
20. APPLICABLE LAW. This agreement shall be go%emed by the Uniform Commercial Code Wherever
the term "Uniform Commercial Code' is used, it shall be construed as meaning the Uniform Commercial
Code as adopted in the State of Texas as effective and in force on the d leofihis agreement.
21, RIGHT TO ASSURANCE Whenever one party to this contract in good faith has reason to question
the other parry's intent to perfrotm he may dartmd that the other party give written assurance of his intent to
perform. In the event that a demand is made and no assurance is given %within f %e (3) days. the demanding
party may treat this failure as an anticipatory, repudiationofthecontract.
22. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer• its agenls, officials and
employees, against all injuries. deaths, loss, damages. claims. patent claims, suits. liabilities, judgments. costs
and expenses, which may in anywiseacctueagainst the Buyer in consequence of the granting ofthis Contract
or which may anyuise result thachom. Whether or not it shall be allegal or determined that the act was
caused through negligence or omission of the Seller or its employees, or of the subSella or assignee or its
employees, if any, and the Seller shall, at his oun expense, appear• defend and pay all charges of aetomeys
and all togs and other expenses arising therefrom of incurred in connection thcreuith and, if any judgment
shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses. satisfy, and
discharge the same Seller expressly understands and agrees that any bond required by this contract, or
otherwise ptovWed by Seller. shall in no way lima the responsibility to indemnify, kecpandsaw harmless
and defend the Buyer as herein provided,
23. TIME. It is hereby expressly agreed and understood that time is of the essence for the performance of
this contract. and failure by cantidd to utcct the time speviftcalions of this agreement Will cause Seller 10
be in default of this agreement.
24. MBE. The City of Lubbock hacby notifies all bidders that in regard to any contract enteral into
pursuant to this request. minority arid women business enterptises wilt be afforded equal opportunities to
submit bids in response to this ins nation and a ill not be dnaiminated against on the grounds of race. color.
sex or natural origin in consideration for an auard,
2$. NON -ARBITRATION. The City relines the right to exercise any right or remedy to it by lain, contract•
equity. or other% ise, including without limitation, the right to seek any and all forms of relief in a Colin of
competent jurisdiction- Further, the City shill not be subject to any arbitration process Friar to exercising
its unrestricted right to seek judicial remedy. The remedies set forth haci l are cumulari%e and not exchosive.
and may be exercised concurrently. To the extent orally conflict berucat this provision and another provision
in, or relatedto. this document. this provision shall control.
26 RIGHT TO AUDIT M any time during the tam of the contract. or lhaeafter. the City. or a duly
authorised audit representative of the City or the State of Texas, at its expense and at reasonable limes.
resa%es the right to audit Contractor's records and books tele%ani to all services provided to the City under
this Contract in the Went such an audit by the City reveals any errors of overpayments by the City.
Contractor shall refund the City the full amount of such overpayments Within thirty (30) days of such
audit findings. or the City. at its option. tesena the right to deduct such amountsowing the City from any
payments due Contractor.
27. The Contractor shall not assign or sublet the contract. or any portion of the contract. w nhoul Written consent
from the Director of Purchasing and Contract Management,
23. Contracts With Companies Engaged in Business uilh Iran. Sudan. or Foreign Terrorist Organization
Prohibited. Pursuant to Section 2252.152 of the Texas Govartnmcm Code, prohibits the City from entering into
a contract With a vendor that is identified by The Comptrolkr as a company known to have contracts With or
pro%ide supplies or mice w ieh loan. Sudan or a foreign terrorist organization
29. Texas Government Code. Section 2232.903 requires a business entity entering into certain contracts with a
go%emmental cmay cr gale agency to file With the gowsmoscntal entity of state agency a disclosure of interested
parties at the time the business entity submits the signed contract to the go%emmanal entity or gate &Stacy.
Instructions for completing Form 129$ are available at: Itip t... _;�F:(•�••i�_tuo �!q•.utn,c•iW'.
1tl-•Sw�..cttl,cc:, p...S,L�•,��; _.i .. ^t.•rai,u.r
30. No Bo)Com of Iuad Pursuant to Section 2271.002 of the Texas Go%ernrnem Code. Respondent certifies
that either (i) it morns an exemption criteria under Section 2271.002: or (it) it does net boycott Israel and mill
not boycott Israel during the tam of the contract reluhmg from this solicitation. Respondent shall stale any
facts that make a exempt from the boycott certification in its Response.
31. Contreras with Companies Engaged in Business ws ith Iran. Sudan. or Foreign Terrorist Organization
Prohibited. Pursuant to Section 22S2,152 of the Texas Government Code. prohibits the City from entering
into a contract unh a vendor that is identified by The Comptroller as a company known to has a contracts With
or provide supplies or service w ieh Iran. Sudan or a foreign terrorist organization
32. TEXAS PUBLIC INFORMATION ACT. The requpemenu of Subch W err L Charter 552. Govemment
Code. may apply to this contract and the contractor or vender agrees that the contract can be terminated if the
contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.
33. Pursuant to Section 5$2.301(c) of the Texas Government Code. the City of Lubbock has desigaied the
following email address for Which public information requests may be made by an entailed request:
Acs ❑L i:irrv; , i sew. Please send this request to this email address for it to be processed
REV. 12020
0
DACO FIRE EQUIPMENT
PO BOX 5006
_ LUBBOCK, TX 79408
Bill To
BBOCK, CITY OF
BOX 2000
BBOCK, TX 79457
Ship To
ISIS URSULNE
LUBBOCK. TX 79403
Invoice
Date Invoice 9
6/8/2021 25685
P.O. Number
Terms
Rep
Ship
Via
F.O.B.
Project
Net 30
AO
6BI202I
Quantity
Item Code
Description
Price Each
Amount
1
REPAIR
ACCIDENTREPAIR
45,053.00
45,053.00
Deliver wrecked vehicle to Wyoming, Minn for body repair
Remove & Replace front bumper assembly.
Remove & Replace front frame cz mi ms.
Check frame alignment, any frame adjustments will be added to
find quote.
Remove & Replace gravel shield including hose ssomp hay.
Replace both air horn trumpets.
Replace Q2B Sims.
Replace both tow eyes.
Replace graphics on front bumper and left cab comer.
Remove & Replace left headlight assembly.
Remove & Replace grille.
Remove & Replace left headlight trim.
Repair left lower cab comer.
Paint to match job color
1
REPAIR
REVISED REPAIRS
1,750.00
1,750.00
t
DELIVERY
DELIVERY OF TRUCK TO LUBBOCK
5,200.00
5,200.00
ENGINE I VIN WMI155 JOB 14162
���
SGr3. saws
3rIL!•85o1.U9�71 Sft0o3'��
-2 I
Total S52,003.00
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loll
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2022-957537
Daco Fire Equipment, INC.
Lubbock, TX United States
Date Filed:
11/2112022
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
31060015
Fire Equipment
Nature of interest
4
Name of Interested Party
City, State, Country (place of business)
(check applicable)
Controlling
Intermediary
Deco Fire Equipment
Lubbock, TX United States
X
5
Check only if there is NO Interested Party. ❑
6
UNSWORN DECLARATION
My name is Brlana Garcia , and my date of birth is 08/18/1994
My Box 5006 Lubbock TX 79408 USA
(street) (Cfty) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct
Executed in Lubbock County, State of Texas onthe 21stayofNoyembejr2o ZZ
(month) (year)
ignature of autho gent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.eb87ef42
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1 - 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2022-957537
Daco Fire Equipment, INC.
Lubbock, TX United States
Date Filed:
11/21/2022
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
11/21/2022
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
31060015
Fire Equipment
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
Daco Fire Equipment
Lubbock, TX United States
X
5
Check only if there is NO Interested Party. ❑
6
UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.eb87ef42