HomeMy WebLinkAboutResolution - 2019-R0155 - Metta Technologies, Inc. - 05/14/2019 Resolution No. 2019-RO155
Item No. 6.9
May 14, 2019
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, Sole Source Purchase Order No. 10021630 for Bull Litter
Fence with Canopy, by and between the City of Lubbock and Metta Technologies, Inc.,of Toledo,
Ohio, 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 May 14- 2Q-19_
DANIEI. M. POPE, MAYOR
ATTEST:
Rebe ca Garza, City Secretar}
APPROVED AS TO CONTENT:
c
Jesica McEachern, Assistant City Manager
APPROVED AS TO FORM:
t
K li Leisure, - ssistant City Attorney
ccdocs/RES.Purchase Order 10021630—Bull Litter Fence with Canopy
April 29,2019
Page - I
" ' Lubbock of Date - 4/29/2019
ubboc PURCHASE ORDER
T E X A S Order Number 100216'0 000 OP
Branch/Plant 5815
TO: METTA TECHNOLOGIES INC SHIP TO: WEST TX REGION DISPOSAL FACIL TY
837 BUCKINGHAM ST UNIT#23 17304 N FM 2528
TOLEDO OH 46307 ABERNATHY TX 79311
INVOICETO: CITY OF LUBBOCK
ACCOUNTS PAYABLE,
P.O.BOX 2000
LUBBOCK,TX 79457 I3Y:
M1arta lvarez, rectorol'Purchasing&Contract Management
Ordered 4/29/2019 Freight
Requested 7/1/2019 Taken By S GONZALEZ
Delivery K MARKHAM REQ 53783 SOLE SOURCE
Description/Supplier Item _ Ordered _ Unit Cost_ _UM Extension Request Date
Bull Litter Fence Wtih Canopy 10.000 4,695.0000 EA 46,950.00 7/1/2019
Steel Surcharge 10.000 210.0000 EA 2,100.00 7/1/2019
Frei-ht 1.000 4,080.0000 EA 4,080.00 7/1/2019
Total Order
Tcrms NET 30 53.130.00
This purchase order encumbers funds in the amount of $53,130 awarded to Metta Technologies Inc. of Toledo, OI-I, on
��14. 2019. The following is incorporated into and made part of this purchase order by reference: Quote 00039807,
dated April 22,2019,from Metta Technologies Inc.of Toledo,OII.Resolution
CITY OF LUBBOCK ATTEST:
"11\r— CPa-&y-'-' e
Daniel M.Pope,Mayor Rebec a arza,City Secretary
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT:READ CAREFULLY
STANDARD TERMS AND CONDITIONS
Seller and Buyer agree as CITY OF LUBBOCK,TX
folIONNS:
1.SELI.ER TO PACKAGE GOODS. Seller will package goods in accordance with good conuuercial practice, lieu of any other remedies which Buyer may have in law or equity.
Each shipping container shall be clearly and permanently marked as fo1lDws (a) Seller's name and address, _
(b)Consigncc's name,address and purchase order or purchase release number and the supply agreement number 15.TERMINATION.ERMINATION.Tire performance of work under this order may be terminated in whole,or in part by the
if applicable.(c)Container number and total number Df containers.e.g.box I ofd boxes,acid(d)the number Buyer in accordance with this provision. Termination orwork hereunder sleall be effected by the dclivay
of the container bearing the packing slip.Seller shall bear cost ofpackagini unless othemise provided. Goods of the Seller of a"Notice of Termination"specifying the extent to which performance of work under the
shall be suitably packed to secure lowest transportation costs and to conform with requirements of common order is terminated and the date upon which such termination becomes effect ice. Such right or termination is
carriers and any applicable specifications. Buyer's count or height shall be final and conclusive on shipments in addition to and not in lieu orifice ri4hts or Buyer set forth in Clause 14.herein.
not accompanied by packing lists. 16.FORCE MAJEURE. 'Neither party shall be held responsible for losses, resulting if the fulfillment
2.SI ANNIE•\T UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under of any arms of provisions of this contract is delayed or prc%cnt•d by any cause not within rhe control of the
resonation and no tender ora bill of lading will operate as a tender of goods. parry whose perfomtance is interfered with,and which by the exercise of reasonable diligence said party is
unable to prevent.
actually receives and takes possession of the goods at the point or points of detirery.
3.TITLE AND RISK LOSS. The title and risk of loss of the goods shall not pus to Buyer until Buyer 17.ASSIGNMENT-DELEGATION. No right or interest in this contract shall be assigned or delegation of
any obligation made by Seller without the uTittin permission of the Buyer. Any attempted assignment or
4.NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply delegation bySeller shall be wholly tyroid and totally ineffective for all purpose unless made in conformity with
with all provisions of this contract as to time of delivery.quality and the like.If a tender is made tehich docs not this paragraph.
fully conform,this shall constitute a breach and Scller shal I not have the right to substitute a conforming tender, I S.RSV V ER. No claim or right arising of a breach of this contract can be discharged in whole or in an
provided,where the time for performance has not yet expired,the Seller may reasonably notify Buyer of his L p
intention to cure and may then make a conforming tender within the contract time but not afienvard. by a waiver or renunciation of the claim or right unless the waiver or renunciation is supponed by
3.INVOICES&PAYMENTS.a.S e I 1 c r shall submit separate invoices.in duplicate.one each purchase consideration and is in writing signed by tile aeericved party.
order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release 19. INTERPRETATION-PAROLE EVIDENCE. This Writing, plus any specifications for bids and
number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, performance provided by Buyer in its advertisement for bids, and any other documents provided by
if any,shall be listed separately. A copy of the bill of lading.and the freight waybill when applicable,should Seller as pan of his bid,is intended by the panics as a final expression of their aurccmcni and intended also
be attached to the invoice. Mail To:Accounts Payable,City of Lubbock,11.O.Box 2000,Lubbock.Texas as a complete and exclusive statement of the terns or,heir agreement. RTrencvcr a tern defined by the
79457. Payment shall not be due until the above instruments are submitted after delivery. Unifomt Commercial Code is used in this agreement,the definition contained in the Code is to control.
6.GRATUITIES. The Buyer may.by written notice to the Seller,cancel this contract without liability to 20.APPLICABLE LAR. This agreement shall be governed by the Uniform Commercial Coda Whereever
Seller if it is determined by Buyer that gratuities.in the foot of emenaimnent,gifts or otherv,ise.were offered the term"Uniform Commercial Codi'is used.it shall be construed as meaning the Uniform Commercial
or given by the Seller,or any agent or representative of lite Scller,to any officer or employee of the City of Code as adopted in the State or Texas as effective and in force on the date of this agreement.
Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or 21.RIGI IT TO ASSURANCE. R7rcnever one party to this contract in good faith has reason to question
amending,or the making orally determinations with respect to the performing of such a contract. In the event the other pang's intent to perform he may demand that the other party give written assurance or his intent to
this contract is canceled by Buyer pursuant to this provision.Buyer shall be entitled,in addition to any other perform. In the event that a demand is made and no assurance is given within five(5)data.the demanding
rights and remedies.to recmyeror withhold the amount ofthe cost incurred by Seller in providing such gratuities. party may treat this failureas in anticipatory rL•pudiation of the contract.
7.SPECIAL TOOLS&TEST EQUIPMENT. If the price stated on the face hereof includes the cost of any 22.INDENIN11FICATION.Seller shall indemnify,keep and sate harmless the Buyer.its agents,officials and
special tooling or special test equipment fabricated or required by Seller for the purpose of filing this order, employees,against all injuries,deaths.loss,damages.claims,patent claims,suits.liabilities.judgments.costs
such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and expenses,which may in any%%ise accrue against tilt Buyer in consequence of the griming of this Contract
and to the extent feasible shall be identified 6}the Seller as such. or tehich may anywise result therefrom.whether or not its hall be alleged or doem»ned that tile act was
S.WARRANTY-PRICE.a. The price to kat p:hid by the Buyer shall be that contained in Seller's bid caused through negligence or omission of the Seller or its employees,or of the subScller or assignee or its
which Seller warrants to be no higher than Seller's current process on orders by others for products of the kind employees,if any,and the Seller shall.at his own expose
,appear.appear,defend and pay all charges of attorneys
and specification covered by this agreement for similar quantities under similar of like conditions and methods and all costs and ether expenses arising therefrom of incurred in connection therewith,and.if anyjudgment
of purchase. In the event Seller breaches this warranty,the prices of the items shall be reduced to the shall be rendered against the Buyer in any such action,the Seller shall,at its own expenses,satisfy and
Seller's current prices on orders by others,or in the alternative. Buyer may cancel this conrnci without discharge the same Seller expressly understands and agrees that any bond required by this contract. or
liability to Seller for breach or Seller's actual expense.b.The Seller wamnis that no person or selling agency otherwise provided by Seller,shall in no tray limit the responsibility to indemnify.keep and save harmless
has been employed or retained to solicit or secure this contract upon an agreement or understanding for and dcrend the Buyer as herein provided.
commission,percentage,brokerage.or continuum fee excepting bona fide employees of bona ride established 23.TIME. In is hereby expressly agreed and understood that time is oCthe Essence Cor the performance of
commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of this contract,and failure by contract to meet the time specifications of this agreement will cause Seller to
vitiation of this warranty the Buyer shall hate the richt in addition to any other right of rights ro cancel this be in default of this agreement.
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 =•h;•IBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into
or contingent fee. pursuant to this request,minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this int itation and will not be discriminated against on the grounds of race.color.
9.WARRANTY-PRODUCT. Seller shall not limit or exclude any implied warranties and any attempt to do sex or natural origin in consideration Cor an award.
so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods furnished will
conform to the specification,drawings,and descriptions listed in the bid invitation.and to the samples)furnished 25.NON-ARBITRATION.The City reserves the right to exercise any right or remedy to it by law,comma,
by the Scller,if any. In the event of a conflict or bcr%vecn the specifications,drawings.and descriptions,the equity.or omen iso.including without limitation.the right to sock any and all forms of relief in a corm of
specifications shall govern.Nomithstandinu any provisions contained in the contractual agreement,the Seller competent jurisdiction.Further,the City shall not be subject to any arbitration process prior to exercising
represents and warrants fault-free perfomtance and fault-free result in the processing date and date related data its unrestricted right to seek judicial rennidy.The remedies set forth herein arc cumulative and not exclusive.
(including.but not limited to calculating.comparing and sequencing)of all hardware.software and firruware and may be exercised concurrently.To the extent orally conflict bct%vicen this provision and another pro%ision
products delivered and services provided under this Contract,individually or in combination.as the case may in,or related to,this document,this provision shall control.
be from the effective date of this Contract.The obligations contained herein apply to products and sen ices 26.RIGHT TO AUDIT.At any time during the tern of the contract.or thereafter.the City,or a duly
provided by the Seller,its sub-Seller or any third party involved in the creation or development of the products amhorizcd audit representative of the Cinor the State of Texas.at its expense and at reasonable times,
and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the resines the right to audit Contractors records and books relevant to all services provided to the Citunder
obligations contained herein,may y result in the City of Lubbock availing itself of any of its rights under the this Contract. In the event such an audit by the City reseals any errors or overpayments;by the City.
law and under this Contract including,but not limited to,its right pertaining to temnination or default. The Contractor shall refund the City the full amount or such ocirpayments within thin.(30)days of such
es from any other, specified in this Contract,
warranties contained herein are separate and discrete audit findings,or the City,at its option,resines the right to deduct such amounts owing the City from any
and are not subject to any disclaimer of..arrancy.implied or expressed.or limitation of the Seller's liability payments due Contractor-
in
may be specified in this Contract,its appendices,its schedules,its annexes or any document incorporated
in this Contract by reference. 27,HOUSE BILL 2015. House Bill 2015,signed by the Governor on June Id,2013 and effective on January
1,2014.authorizes a penalty to be imposed on a person who contracts for certain services with a govcmmcnml
10.SAFETY WARRANTY. Seller warrants that the product sold to the Bu}er shall conform to the standards entity and who fails to properly,classify thew workers.This applies to subcontractors as well.Contractors and
promulgated by the U.S.Department of Labor under the Occupational Safety and health Act of 1970- In the subcontractors tvho fail to properly classify individuals performing work under a go%crmmental contract will be
event the product does not conform to OSHA standards.Buyer may roum the product for correction or penalized 5200 for each individual that has been misclassified.(Texas Government Code Section 2155.001).
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. 28.ASSIGNING OR SUBLC-7TING THE CONTRACT.The Contractor shall not assignor sublet thccontract,
1 or any portion of the contract, without wrinun consent ftom the Director of Purchasing and Contract
I.NO WARRANTY BY BUYER AGAINST INFRINGEk1ENT5. As pan or this contract for sale Seller
Management.Should consent be given,the Contractor shall insure the Subcontractor or shall provide proof on
agrees to ascenain whether goods manufactured in accordance with the specifications attached to this agreement insurance from the Subcontractor that complies with all contract Insurance tquircments.
will Live 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 29.HOUSE BILL 11-95 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295,adopted by the 84th
event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of Legislature,created 32252.908,Texas Government Code.Section 1252.903 requires a business entity entering
infringement of the like. If Sellcr is orthe opinion that an infringement or the like will result.he will notify the into certain contracts with a governmental entity or state agencyto file with the governmental entity or state
Buyer to this effect in%%Tiling within two weeks after the signing ofthis agreement. If Buyer docs not receive agency a disclosure of interested parties at the time the business entity submits the signed contract to the
notice and is subsequently held liable for the infringemem or the like,Seller will save Buyer harmless. If governmental entity or state agency. Instructions for completing Form 1295 are available at:
Seller in good faith ascertains the production of the goods in accordance with the specifications%rill result in hit , wtt.yy.ei Nblx,ck.tx.us d merrytLyvelisira•x deparmxnt.pur,hasin endar_insrm;v ion
infringement or chi like,the contract shall be null and void. 30.CONTRACTOR ACFNOWLEDGES,by supplying any Goods or Services that the Contractor has read.
12. NON APPROPRIATION.All funds for payment by the City under this contract are subject to the fully understands•and will be in full compliance with all terms and conditions and the descriptive material
availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds contained herein and any additional associated documents and Amendments.The City disclaims any terns and
by the City Council of the City of Lubbock for the goods or services provided under the contract,the City will conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict
temninate the contract.without termination charge or other liability,on the last day of the then-current fiscal between these terms and conditions and any terms and conditions provided by the Contractor.theocrats and
year or when the appropriation made for the then-current year for the goods or sun ices covered b%this contract conditions provided herein shall prevail. Tice tans and conditions provided herein are the final terns agreed
is spent,whichever event occurs first. If at any time funds are not appropriated for the continuance of this upon by the parties.and any prior conflicting terms shall be of no force or effect.
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 31.By accepting this purchase order,the Vendor verifies that it does not Boycott Israel.and agrees that during
obligated under this contract beyond the date of
termination. [lie tern of this Agreement(Contract as applicable)will not Boycott Israel as that term is defined in Texas
Government Code Section 308.001,as amended.
13.RIGHTOF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting
them.
N.CANCELLATION. Buyer shall have the right to cancel for default all or any pan of the undelivered
portion of this order if Selier breaches any of the terms hereof including warranties or Seller or if the Seller
becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in
Quote •
2233 Parkwood Ave.#3
Toledo,OH 43620
Quote#: 00039807 419-244-7916
Date: 4/22/2019 fax:419-244-7917
email: MettaTech@bex.net
website:www.LitterFences.com
Quote Prepared for:
Keith Markham Ship To:
West Texas Regional Landfill West Texas Regional Landfill
Accounts Payable 17304 North FM 2528
PO Box 2000 Abernathy, TX 79311
Lubbock, TX 79457
Thank you for your request for information and pricing regarding our mobile litter fences.We're pleased to
provide the following for your review.
QTY. DESCRIPTION UNIT PRICE TOTAL TX.
10 Bull Litter Fence with Canopy 24ft x 15ft $4,695.00 $46,950.00
10 Steel Surcharge $210.00 $2,100.00
SUBTOTAL $49,050.00
FREIGHT $4,080.00
SALES TAX $0.00
QUOTE AMOUNT $53,130.00
Compare the Bull litter fence w/Canopy to any other litter system,we're confident you'll find our units will
outperform and outlast anything on the market. If you have any questions feel free to call 800-889-4601.
References are available upon request.
Sincerely,
Ca11419-244-7916 w/questions or to place an order
Pricing is good for 30 days from date of issue
10 Bulls can ship on a 48ft flatbed
David Hass, President 5 Year Warranty
Terms: Net 30