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HomeMy WebLinkAboutResolution - 2021-R0375 - PO 364432 with OfficeWise - PACE Contract 00154 9.28.21Resolution No. 2021-R0375 Item No. 7.17 September 28, 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 execute for and on behalf of the City of Lubbock, Purchase Order No. 364432 in accordance with PACE Contract 00154 for the purchase of cubicles for the Health Department, by and between the City of Lubbock and OfficeWise Commercial Interiors, of Lubbock, Texas 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 September 28, 2021 DANIEL M. POPE, MAYOR ATTEST: Q-'4� J),:: � Rebec Garza, City Secretalgj APPROVED AS TO CONTENT: e-� Bill How, Deputy City APPROVED AS TO FORM: Y 064-�' - elli Leisure, Assistant City Attorney ccdocs/RES.PurchaseOrd 364432 HD Furniture -PACE Coop 09.16.21 �VIP City of Lubbock PURCHASE ORDER TEXAS TO: OFFICEWISE COMMERCIAL 1200 S TAYLOR LUBBOCK TX 79101 Page - 1 Date - 9/13/2021 Order Number 364432 000 OP Branch/Plant 81148 SHIP TO: CITY OF LUBBOCK HEALTH DEPARTMENT 806 18TH STREET LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta Alvare , irector of Purchasing & Contract Management Ordered 9/13/2021 Requested 10/13/2021 Delivery T NORRIS REQ 57729 Freight Taken By K MORGAN PACE #001541PUR 16127 Description/Supplier Item Ordered Base PWE Entry DIR Con 5.000 4 -Cir 6 FTL Work Surf, SQ-Edge Concave 1.000 LAM Top.'TP Edge 24D 24W Work Surf, SQ-Edge Rect 10.000 LAM Top. TP Edge 24D 30W Work Surf, SQ-Edge Rect 7.000 LAM Top TP Edge 24D 36W Work Surf, SQ-Edge Rect 8.000 LAM Top'TP Edge 24D 48W Work Surf, SQ-Edge Rect 14.000 LAM Top•'TP Edge 24D 60W Work Surf, SQ-Edge Concave 20.000 LAM Top•'TP Edge 24D 36W Panel, TAC AC -Barr Thin Base 3.000 PWR 4-CIRC W/COM Lc 67H 24W Unit Cost UM Extension Request Date 71.0200 EA 355.10 10/13/2021 109.2100 EA 109.21 10' 13/2021 115.9100 EA 1,159.10 10.13/2021 122.9500 EA 860.65 10' 13/2021 137.0200 EA 1,096.16 1013/2021 174.5400 EA 2,443.56 1043/2021 192.6300 EA 3,852.60 10/13/2021 333.6600 EA 1,000.98 10/13/2021 F400. City of Lubbock PURCHASE ORDER Texas TO: OFFICEWISE COMMERCIAL INTERI RSJ SHIP TO: 1200 S TAYLOR LUBBOCK TX 79101 Page - 2 Date - 9/13/2021 Order Number 364432 000 OP Branch/Plant 81148 CITY OF LUBBOCK HEALTH DEPARTMENT 806 18TH STREET LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: j4f Marta Alvarez, vector of Purchasing & Contract Management Ordered 9/13/2021 Requested 10/13/2021 Freight Taken By PACE #00154/PUR 16127 Description/Supplier Item Ordered Panel, TAC AC -Barr Thin Base 25.000 Barrier NPWR 67 H 24 W Panel, TAC AC -Barr Thin Base 12.000 PWR 4-CIRC WICOM Lc 67H 30W Panel, TAC AC -Barr Thin Base 44.000 PWR 4-CIRC W/COM Lc 67H 36W Panel, TAC Acout, Thin Base 2.000 Barrier NPWR 67H 36W Panel, TAC Acout, Thin Base 8.000 Barrier NPWR 67H 48W Panel, TAC Acout, Thin Base 2.000 Barrier NPWR 67H 48W Panel, TAC AC -Barr Thin Base 9.000 PWR 4-CIRC W.COM Lc 67H 60W Conn, 2-Way 90 Deg 30.000 Thin Base Hard 67H K MORGAN Unit Cost UM Extension Request Date 264.3200 EA 6,608.00 10/13/2021 354.7700 EA 4,257.24 10/13/2021 388.9400 EA 17,113.36 10:1312021 319.5900 EA 639.18 10/13/2021 423.1100 EA 3,384.88 10/13/2021 353.0900 EA 706.18 10/13/2021 494.4600 EA 4,450.14 10/13/2021 64.3200 EA 1,929.60 10/13/2021 �►IP City of Lubbock PURCHASE ORDER Texas TO: OFFICEWISE COMMERCIAL 1200 S TAYLOR LUBBOCK TX 79101 Page - 3 Date - 9/13/2021 Order Number 364432 000 OP Branch/Plant 81148 SHIP TO: CITY OF LUBBOCK HEALTH DEPARTMENT 806 18TH STREET LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: 4y Marta Alvare Director of Purchasing & Contract Management Ordered 9/13/2021 Requested 10/13/2021 Delivery T NORRIS REQ 57729 Description/Supplier Item Conn, 3-Way 90 Deg Thin Base Hard 67H Conn, 4-Way 90 Deg Thin Base Hard 67H Fin End Thin BAse 67H Draw Rod 62H Carpet Grippers 25!PKG 15 AMP Receptacle 4 Circuit Duplex Circuit A 6/PKG 15 AMP Receptacle 4 Circuit Duplex Circuit A 61PKG 15 AMP Receptacle 4 Circuit Duplex Circuit A 6; PKG 15 AMP Receptacle 4 Circuit Circuit D 6/PKG Verus WK Chair Assembled Interweave 2 Suspension Back Freight Taken By PACE #00154/PUR 16127 Ordered 9.000 4.000 25.000 41.000 5.000 2.000 2.000 2.000 4.000 20.000 Unit Cost UM 104.8600 EA 134.6700 EA 23.4500 EA 10.7200 EA 19.7700 EA 84.0900 EA 84.0900 EA 84.0900 EA 84.0900 EA 555.0000 EA K MORGAN Extension Request Date 943.74 10/13/2021 538.68 10/13/2021 586.25 10/13/2021 439.52 10/13/2021 98.85 10/13/2021 168.18 10/13/2021 168.18 10/13/2021 168.18 10/13/2021 336.36 10/13/2021 11,100.00 10/13/2021 F401- City of Lubbock PURCHASE ORDER TEXAS TO: OFFICEWISE COMMERCIAL 1200 S TAYLOR LUBBOCK TX 79101 Page - 4 Date - 9/13/2021 Order Number 364432 000 OP Branch/Plant 81148 SHIP TO: CITY OF LUBBOCK HEALTH DEPARTMENT 806 18TH STREET LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta Alvare Director of Purchasing & Contract Management Ordered 9/13/2021 Requested 10/13/2021 Delivery T NORRIS REQ 57729 Freight Taken By K MORGAN PACE #00154/PUR 16127 Description/Supplier Item Ordered Ped W-Pull 20.000 FEESTD 24D BIRf Ped W-Pull 20.000 FEESTD 24D B BiF Lock Plug and Key 3.000 Chrome UM Series Lock Plug and Key 3.000 Chrome UM Series Lock Plug and Key 3.000 Chrome UM Series Lock Plug and Key 3.000 Chrome UM Series Lock Plug and Key 3.000 Chrome UM Series Lock Plug and Key 3.000 Chrome UM Series Unit Cost UM Extension Request Date 236.9900 EA 4,739.80 10/13/2021 218.9600 EA 4,379.20 10`13/2021 3.9000 EA 11.70 10;13/2021 3.9000 EA 11.70 1013/2021 3.9000 EA 11.70 10' 13/2021 3.9000 EA 11.70 10/13/2021 3.9000 EA 11.70 10/13/2021 3.9000 EA 11.70 10/13/2021 City of ;- Lubbock PURCHASE ORDER TEXAS TO: OFFICEWISE COMMERCIAL 1200 S TAYLOR LUBBOCK TX 79101 Page - 5 Date - 9/13/2021 Order Number 364432 000 OP Branch/Plant 81148 SHIP TO: CITY OF LUBBOCK HEALTH DEPARTMENT 806 18TH STREET LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta Alva z, Director of Purchasing & Contract Management Ordered 9/13/2021 Freight Requested 10/13/2021 Taken By Delivery T NORRIS REQ 57729 PACE #00154/PUR 16127 K MORGAN Description/Supplier Item Ordered Unit Cost UM Extension Request Date Lock Plug and Key 3.000 3.9000 EA 11.70 10/13/2021 Chrome UM Series Lock Plug and Key 3.000 3.9000 EA 11.70 10/13/2021 Chrome UM Series Lock Plug and Key 3.000 3.9000 EA 11.70 10/13/2021 Chrome UM Series Lock Plug and Key 3.000 3.9000 EA 11.70 10/13/2021 Chrome UM Series Lock Plug and Key 3.000 3.9000 EA 11.70 10/13/2021 Chrome UM Series Lock Plug and Key 3.000 3.9000 EA 11.70 10/13/2021 Chrome UM Series Lock Plug and Key 3.000 3.9000 EA 11.70 10/13/2021 Chrome UM Series Lock Plug and Key 3.000 3.9000 EA 11.70 10/13/2021 Chrome UM Series 40. City of Lubbock PURCHASE ORDER TEXAS TO: OFFICEWISE COMMERCIAL INTERI RS SHIP TO: 1200 S TAYLOR LUBBOCK TX 79101 Page - 6 Date - 9/13/2021 Order Number 364432 000 OP Branch/Plant 81148 CITY OF LUBBOCK HEALTH DEPARTMENT 806 18TH STREET LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: Marta Alvar , D.rector of Purchasing & Contract Management Ordered 9/13/2021 Requested 10/13/2021 Delivery T NORRIS REQ 57729 Description/Supplier Item Lock Plug and Key Chrome UM Series Lock Plug and Key Chrome UM Series Lock Plug and Key Chrome UM Series Lock Plug and Key Chrome UM Series Lock Plug and Key Chrome UM Series Lock Plug and Key Chrome UM Series Shelving Wire 36X24X72 Rack Wire 4 Tier 48X18X BK Terms NET DUE ON RECEIPT Freight Taken By K MORGAN PACE #00154/PUR 16127 Ordered Unit Cost —um 3.000 3.9000 EA 3.000 3.000 3.000 3.000 3.000 4.000 7.000 3.9000 EA 3.9000 EA 3.9000 EA 3.9000 EA 3.9000 EA Extension Request Date 11.70 10/13/2021 11.70 10/13/2021 11.70 10/13/2021 11.70 10/13/2021 11.70 10/13/2021 11.70 10/13/2021 208.0000 EA 832.00 10/13/2021 193.3300 EA 1,353.31 10/13/2021 Total Order 76,052.19 �!� City of Lubbock PURCHASE ORDER TEXAS TO: OFFICEWISE COMMERCIAL 1200 S TAYLOR LUBBOCK TX 79101 Page - Date - Order Number Branch/Plant SHIP TO: CITY OF LUBBOCK HEALTH DEPARTMENT 806 18TH STREET LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: 4f Marta Alvar Drector of Purchasing & Contract Management Ordered 9/13/2021 Freight Requested 10/13/2021 Taken By Delivery T NORRIS REQ 57729 PACE #00154/PUR 16127 Terms NET DUE ON RECEIPT TNgT TR AN('F RFOT TTRFT)- 6 9/13/2021 364432 000 OP 81148 K MORGAN 76,052.19 Commercial General Liability, per occurrence- $1,000,000 Automotive Liability- Combined Single limit for Any Auto - General Aggregate, Products-Comp./Op AGG, Personal & Adv. $1,000,000 Injury, Contractual Liability and Med Exp (Any one Person). Worker's Compensation Amounts- $500,000 or Employer's To include products of complete operations endorsement Liability - $1,000,000. Copies of endorsements are required. City of Lubbock is named as an additional insured on a primary and non-contributory basis with a waiver of subrogation in favor of the City of Lubbock on liability coverages. To include products of completed operations endorsements. Waiver of subrogation provided on the workers' compensation. This purchase order encumbers funds in the amount of $76,052.19 awarded to OfficeWise Commercial Interiors of Lubbock, TX, on September 28 , 2021. The following is incorporated into and made part of this purchase order by reference: Quote dated September 13, 2021, from OfficeWise Commercial Interiors of Lubbock, TX, and PACE Contract #00154. Resolution #A 014 - em L5 CITY OF LUBBOCK Daniel M. Pope, Mayor ATTEST: Rebecca Gar ity Secretary Rev. 1/2020 Seller and Buyer agree as follows: ACCEPTANCE OF THIS PURCHASE ORDER PURCHASE ORDER TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS undmr ands_ and will be in full romuliance with all terms and comdiiirm rj,lhc dcscriotivc material contained Mh 'n dadditional associateddocuments Am m Thei disclaims d conditions vided by the Contractor unless agreed upon in writine by the oarties. In the event of conflict between the Citv's terms and conditions and any terms and conditions provided by the Contractor. the terms and conditions provided herein shall orevail The terms and conditions provided herein are the final terms agreed uoon by the pppies. and anv prior conflictine terms shall be of no force or effect. I. SELLER TO 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 release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost ofpackagingunless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications Buyers count or weight shall be final and conclusive on shipments not accompanied by packing lists 2. SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods. 3. TITLE AND RISK OF LOSS The title 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 yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. S e I I e r 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, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. 0. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were 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 or amending, or the making of any determinations with respect to the performing of such a contract. In the event this contract is canceled by Buyer 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 providing such gratuities. 7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for 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. 8. 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 Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants 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 employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of viciation 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, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, 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. Seller warrants that the goods furnished will conforn to the specification, drawings, and descriptions listed in the bid invitation, and to thesample(s) furnished by the Seller, if any. In the event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -free performance and fault -free result in the processing date and date related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. The obligations contained herein apply to products and services provided by the Seller, its sub- Seller or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, 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 sold to the Buyer shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970. 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 Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by way of infringement of the like. Buyer makes no 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 Seller for indemnification in the event that Seller is sued on the grounds of infringement of the like. If Seller is of the opinion that an infringement or the like will result, he will notify the Buyer to this effect in writing within two weeks after the signing ofthis agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement 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 event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on 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 date of termination. 13. RIGHT OF INSPECTION. Buyer 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 part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 15.TERMINATION. The performanceofworkunderthisordermaybeterminatedinwhole,orinpartbythe 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 termination is in addition to and not in lieu of the rights of Buyer set 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 prevented 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 Seller 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 conforrmitywith this paragraph. 18. WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole or in part 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 party. 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 part of his bid, is intended by the parties as a final expression of their agreement and intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term 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 governed 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 date of this agreement. 21. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other party's intent to perform he may demand 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 five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 22. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subSeller or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attomeys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if anyjudgment 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 othenvise provided by Seller, shall in no way limit the responsibility to indemnify, keep and save 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 contract to meet the time specifications of this agreement will cause Seller to be in default of this agreement. 24. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or natural origin in consideration for an award. 25. NON -ARBITRATION. The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control 26. RIGHT TO AUDIT. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractors records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or 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, reserves the right to deduct such amounts owing the City from any payments due Contractor. 27. The Contractor shal l not assign or sublet the contract, or any portion of the contract, without written consent from the Director of Purchasing and Contract Management 28. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Goverment Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 29. Texas Government Code. Section 2252.908 requires a business entity entering into certain contracts with a governmental entity or state agency to file with the governmental entity or state agency a disclosure of interested parties at the time the business entity submits the signed contract to the governmental entity or state agency. Instructions for completing Form 1295 arc available at: hl{p:_n.v'U•si.lubbaCk.t4.uPdeparlmeMal- s(>Sitmfhpanmmts purchasinc vcndoi•informaciori 30. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (it) it does not boycott Israel and will not boycott Israel during the tern of the contract resulting from this solicitation Respondent shall state any facts that make it exempt from the boycott certification in its Response. 31. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization 32. TEXAS PUBLIC INFORMATION ACT. The requirements of Subchapter 1, Chapter 552, Goverment Code, may apply to this contract and the contractor or vendor 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 552.301(c) of the Texas Government Code, the City of Lubbock has designated the following email address for which public information requests may be made by an entailed request: pip mvl„bbock.V4. Please send this request to this email address for it to be processed. REV. 12020 E))/Of-ricew-i/se Commercial Interiors Quotation Prepared For: Marta Alvarez Date: 9/13/2021 City of Lubbock Expires: 9/27/2021 162513th Street Quote #: LMB1199-2 Lubbock TX 79401 COL - Health Department 806.7752572 PACE #00154 - Lorell MA[varez@mail.cl.lubbock.tx.us Account Manager: Lacy Johnson Ijohnson@officewiseco.com Designer: Leeanne Bergen 806.7632500 5 HMI 'Base Pwr Entry,DIr Con 4-CIrc,6Ft L A1322.06E 1 HMI 'Work Surf,Sq-Edge Rect, Lam Top/rP Edge 24D 24W A2310.24241. LBF 'neutral twill LBF 'neutral twill WL 'sandstone 10 HMI 'Work Surf,Sq-Edge Rect, Lam Top/rP Edge 24D 30W A2310.24301- LBF 'neutral twill LBF *neutral twill WL 'sandstone 7 HMI 'Work Surf,Sq-Edge Rect, Lam Top/TP Edge 24D 36W A2310.24361- LBF 'neutral twill LBF 'neutral twill WL *sandstone 8 HMI 'Work Surf,Sq-Edge Rect, Lam Top/rP Edge 24D 48W A2310.24481- LBF 'neutral twill LBF 'neutral twill WL *sandstone 14 HMI 'Work Surf,Sq-Edge Rect, Lam Top/rP Edge 24D 60W A2310.24601- LBF 'neutral twill LBF *neutral twill WL 'sandstone 20 HMI *Work Surf,Sq-Edge Concave Corner, Lam Top/TP Edge 24D 36W A2333.24361. LBF 'neutral twill LBF 'neutral twill WL 'sandstone 3 HMI 'Panel,Tac Ac-Barr,Thin Base Pwr 4-Circ W/Com Lc 67H 24W A8125.6724G WL *sandstone WN •warm grey neutral 21 'grasscloth-Pr Cat 1 07 'grasscloth lea 21 'grasscloth-Pr Cat 1 07 'grasscloth lea 25 HMI 'Panel,Tack Acoust,Thin Base -Barrier Npwr 67H 24W A8125.6724N WL *sandstone WN 'warn grey neutral Purchase Order Made Out To. Officewise Commercial Interiors 1200 S. Taylor Amarillo, TX 79101 'Installation charges must be shown as a separate line item PO must contain OMN/A #BNR482 $326.00 $10921 $109.21 $346.00 $115.91 $1,159.10 $367.00 $122.95 $860.65 $409.00 $137.02 $1,096.16 $521.00 $174.54 $2,443.56 $575.00 $192.63 $3,852.60 $996.00 $333.66 $1,000.98 $789.00 $264.32 $6,608.00 City of Lubbock - Health Department - HMI AO1.sp4 Page 1 of 5 21 'grasscloth-Pr Cat 1 07 'grasscloth lea 21 'grasscloth-Pr Cat 1 07 'grassclothlea 12 HMI •Panel,Tac Ac-Barr,Thin Base Pwr 4-Circ W/Com Lc 67H 30W $1.059.00 $354.77 $4,257.24 A8125.6730G WL 'sandstone WN 'warm grey neutral 21 'grasscloth-Pr Cat 1 07 'grasscloth lea 21 'grasscloth-Pr Cat 1 07 'grasscloth lea 44 HMI 'Panel,Tac Ac-Barr,Thin Base Pwr 4-Circ W/Com Lc 67H 36W $1,161.00 $388.94 $17,113.36 A8125.6736G WL 'sandstone WN 'warm grey neutral 21 'grasscloth-Pr Cat 1 07 'grasscloth lea 21 'grasscloth-Pr Cat 1 07 'grasscloth lea 2 HMI •Panel,Tack Acoust,Thin Base -Barrier Npwr 67H 36W $954.00 $319.59 $639.18 A8125.6736N WL 'sandstone WN 'warm grey neutral 21 'grasscloth-Pr Cat 1 07 'grasscloth lea 21 'grasscloth-Pr Cat 1 07 'grasscloth lea 8 HMI 'Panel,Tac Ac-Barr,Thin Base Pwr 4-Circ W/Com Lc 67H 48W $1,263.00 $423.11 $3,384.88 A8125.6748G WL 'sandstone WN 'warm grey neutral 21 'grasscloth-Pr Cat 1 07 'grasscloth lea 21 'grasscloth-Pr Cat 1 07 'grasscloth lea 2 HMI 'Panel,Tack Acoust,Thin Base -Barrier Npwr 67H 48W $1,054.00 $353.09 $706.18 A8125.6748N WL 'sandstone WN 'warm grey neutral 21 'grasscloth-Pr Cat 1 07 'grasscloth lea 21 'grasscloth-Pr Cat 1 07 'grasscloth lea 9 HMI 'Panel,Tac Ac-Barr,Thin Base Pwr 4-Circ W/Com Lc 67H 60W $1,476.00 $494A6 $4,450.14 A8125.6760G WL 'sandstone WN 'warm grey neutral 21 'grasscloth-Pr Cat 1 07 'grasscloth lea 21 'grasscloth-Pr Cat 1 07 'grasscloth lea 30 HMI 'Conn,2-Way 90 Deg,Thin Base Hard 67H A8220.67H WL 'sandstone WN 'warm grey neutral 9 HMI •Conn,3-Way 90 Deg,Thin Base Hard 67H A8230.67H WL 'sandstone WN 'warm grey neutral 4 HMI Tonn,4-Way 90 Deg,Thin Base 67H A8240.67H WL *sandstone WN 'warm grey neutral $192.00 $64.32 $1,929.60 $313.00 $104.86 $943.74 $402.00 $134.67 $538.68 City of Lubbock - Health Department - HMI AO1.sp4 Page 2 of 5 25 HMI 'Fin End,Thin Base 67H $70.00 $23.45 $586.25 A8271.67H WL 'sandstone WN 'warm grey neutral 41 HMI 'Draw Rod 62H $32.00 $10.72 $439.52 AO215.62 5 HMI 0Carpet Grippers 251Pkg $59.00 $19.77 $98.85 G1190.01 2 HMI '15 Amp Receptacle 4 Circuit, Duplex, Circuit A 6/Pkg $251.00 $84.09 $168.18 K1311.A WN 'warm grey neutral 2 HMI '15 Amp Receptacle 4 Circuit, Duplex, Circuit B 6/Pkg $251.00 $84.09 $168.18 K1311.B WN 'warm grey neutral 2 HMI '15 Amp Receptacle 4 Circuit, Duplex, Circuit C 6/Pkg $251.00 $84.09 $168.18 K1311.0 WN 'warm grey neutral 4 HMI '15 Amp Receptacle 4 Circuit, Duplex, Circuit D 6/Pkg $251.00 $84.09 $336.36 K1311.DN WN 'warm grey neutral 20 HMI 'Verus Wk Chair, Assembledlnterweave 2 suspension back,standard-height $1,110.00 $555.00 $11,100.00 range,synchronousw/ tilt limiter & seat angle,fully adl arms,adj seat depth,not fire PIA18327AA AJ 'adjustable lumbar with sacral sup BK 'black base/black frame 36505 'slate C7 '21/2' caster, black yoke, hard Ito 30 'rhythm -Pr Cat 2 15 'rhythm charcoal 20 HMI Ted W-Pull,Freestd 24D BIB/F $644.00 $236.99 $4,739.80 LW100.24BBF SR '3/4-extension roller slides on box SS 'smooth paint on smooth steel WL 'sandstone KA 'keyed alike I 'standard height 3M 'drawer divider in one box drawer, 20 HMI Ted W-Pull,Freestd 24D F/F $595.00 $218.96 $4,379.20 r � LW100.24FF SB 'full -extension ball -bearing SS 'smooth paint on smooth steel WL 'sandstone KA 'keyed alike 1 F 'standard height 1 M '2 file converters in each file draw( 3 HMI 'Lock Plug and Key,Chrome UM Series $10.00 $3.90 $11.70 1B2JK7- 226 'key number 226 3 HMI *Lock Plug and Key,Chrome UM Series $10.00 $3.90 $11.70 1 B2JK7- 230 'key number230 3 HMI 'Lock Plug and Key,Chrome UM Series $10.00 $3.90 $11.70 1B2JK7- 234 'key number 234 3 HMI *Lock Plug and Key,Chrome UM Series $10.00 $3.90 $11.70 1B2JK7- 238 'key number 238 City of Lubbock - Health Department - HMI AO1.sp4 Page 3 of 5 3 HMI *Lock Plug and Key,Chrome UM Series $10.00 $3.90 $11.70 1B2JK7- 242 'key number 242 3 HMI 'Lock Plug and Key,Chrome UM Series $10.00 $3.90 $11.70 182JK7- 246 'key number 246 3 HMI 'Lock Plug and Key,Chrome UM Series $10.00 $3.90 $11.70 1B2JK7- 250 'key number 250 3 HMI 'Lock Plug and Key,Chrome UM Series $10.00 $3.90 $11.70 1 B2JK7- 254 'key number 254 3 HMI 'Lock Plug and Key,Chrome UM Series $10.00 $3.90 $11.70 1 B2JK7- 258 `key number 258 3 HMI 'Lock Plug and Key,Chrome UM Series $10.00 $3.90 $11.70 1 B2JK7- 262 'key number 262 3 HMI 'Lock Plug and Key,Chrome UM Series $10.00 $3.90 $11.70 iB2JK7- 266 'key number 266 3 HMI 'Lock Plug and Key,Chrome UM Series $10.00 $3.90 $11.70 1 B2JK7- 270 'key number270 3 HMI 'Lock Plug and Key,Chrome UM Series $10.00 $3.90 $11.70 1B2JK7- 274 'key number 274 3 HMI 'Lock Plug and Key,Chrome UM Series $10.00 $3.90 $11.70 1 B2JK7- 278 'key number 278 3 HMI 'Lock Plug and Key,Chrome UM Series $10.00 $3.90 $11.70 182JK7- 282 'key number 282 3 HMI 'Lock Plug and Key,Chrome UM Series $10.00 $3.90 $11.70 1B2JK7- 286 `key number 286 3 HMI 'Lock Plug and Key,Chrome UM Series $10.00 $3.90 $11.70 182JK7- 290 'key number 290 3 HMI 'Lock Plug and Key,Chrome UM Series $10.00 $3.90 $11.70 1B2JK7- 294 'key number294 3 HMI 'Lock Plug and Key,Chrome UM Series $10.00 $3.90 $11.70 1 B2JK7- 298 'key number 298 3 HMI 'Lock Plug and Key,Chrome UM Series $10.00 $3.90 $11.70 1B2JK7- 302 'key number 302 4 LLR SHELVING,WIRE,36X24X72 $312.00 $208.00 $832.00 LLR 69146 7 LLR RACK,WIRE,4-TIER,48X18,BK $290.00 $193.33 $1,353.31 LLR 70061 City of Lubbock - Health Department - HMI AO1.sp4 Page 4 of 5 Furniture Project Payment Terms: Special Order Furniture is non -returnable Design and Project Management Services: Hourly accrual of work performed, to be billed monthly - Rate: $75.00 Monthly Payment - billable hours based on work completed. Payment due upon receipt of invoice - standard 15 day period Fumiture/Parts Order - 50% deposit due at time of order Second Deposit due if product is stored beyond 30 days from time of receiving to our warehouse - 400/6 due. Final balance due upon completion of delivery Review all furniture finishes prior to placing order Please review fabrics and finishes for accuracy before placing order. If fabric or finish samples are needed, please contact your sales representative at 806.763.2500.Once fabrics and finishes are approved, please sign below and include with Purchase Order. Customer Signature - Date I agree fabrics and finishes on this quote are accurate. I understand special order furniture cannot be returned. Ext. List: $210,300.00 Subtotal: $76,052.19 Total List: $210,300.00 Total Sell: $76,052.19 City of Lubbock - Health Department - HMI AO 1.sp4 Page 5 of 5 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 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. 12021-804650 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. Officewise Commercial Interiors, LLC Amarillo, TX United States Date Filed: 09/21/2021 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. PO 364432 Office furniture 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is John Navarrete and my date of birth is My address is 1200 S, Taylor Street Amarillo TX 79101 , USA . (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Potter County, State of Texas —on the 21 day of September, 20 21 . (month) (year) Signatur of authoriz agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.stale.tx.us Version V1.1.191b5cdc 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. 2021-773143 Gorman Outdoor, Inc Shallowater, TX United States Date Filed: 06/30/2021 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: 06/30/2021 g 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. 21-15666-KM-16007 Parks turf mowing 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Gorman, Joel Shallowater, 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 V1.1.ceffd98a