HomeMy WebLinkAboutResolution - 2012-R0170 - PO - Daco Fire Safety Equipment - Air Compressor - 04_26_2012Resolution No. 2012—RO170
April 26, 2012
Item No. 5.14
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
CXecute for and on behalf of the City of Lubbock, Purchase Order No. 10005344 for the
purchase of Centaur 3 SCBA Air Compressor as per ITI3 12-10609-DG, by and between
the City of Lubbock and Daco Fire Safety Equipment, 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
April 26, 2012
TOM MARTIN, MAYOR
ATTEST:
Reb cca Garza, City Secretary
APPROVED AS TO) CONTENT:
Mike Kemp, gire Chef
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.Daco Fire-PurchaseOrd
April 1 1, 2012
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Iubb11)(Al Rk
TO:
PURCHASE ORDER
DACO FIRE SAFETY EQUIPMENT
201 AVENUE R
LUBBOCK Texas 79408 5006
Page - 1
Date - 04/11/2012
Order Number 10005344 000 OP
BranchlPlant 5619
SHIP TO: CITY OF LUBBOCK
CENTRAL FIRE STATION COMPLEX
RAULSALAZAR
1515 EAST URSULINE
LUBBOCK Texas 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTSMAYABLE An
M.O. BOX loom
LUBBOCK, TX 79457 BY:
M7W[varez. Director of Pum nit h Contract Manaygewnt
Ordered 04/11/2012 Freight
Requested 08/09/2012 Taken By
Delivery PER SALAZAR R REQ 39057 ITB 12-10609-DG
Description/Supplier Item Ordered Unit Cost UM
Centaur 3 SCBA Air Compressor 1.000 52,770.0000 EA
CEN3-203
Terms NET 30 DAYS
I AICI ICAKWIC r1Ct7TIC1r`ATF t7Fr m ims=n PR117R Tn PRnV1n1N(, SFRVICF`
D GAMBOA
Extension Request Date
52,770.00 08/09/2012
Total Order
52,770.00
General Liability -Commercial General Liability, - Workers Compensation and/or Occupational Medical and Disability -
$ 500,000 $500,000
*General Aggregate Automotive Liability - $200,000
*Products -Completed Operations *Any Auto
* Contractual Liability
This purchase order encumbers funds in the amount of $52,770.00 to DACO Fire Safety Equipment, of Lubbock,
Texas, on April 26, 2012. The following is incorporated into and made part of this purchase order by reference:
ITB # 12-10609-DG dated March 19, 2012, from DACO Fire and Safety Equipment, of Lubbock TX
Resolution# 2012-RO170
CITY OF LUBBOCK ATTEST:
C
Tom Martin, Mayor Rebecca Garza, City Secreta
-rERMS AND CONDITIONS
IMPORTAN'r: READ CAREFULLY
STANDARD TERNIS .AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Buyer agree as foifows:
1 SELLER TO PACKAGE ROODS. Seiler wolf package Somb in accordance with good
commercial pracuce. F'ech shopping container shall be ckry and permenenly merited a
fiilluws (&I Seller's name and address. (b) Consignee's name. address and purchases order or
purchase release number mW the supply agreement numbs if tppiicable. (c) Container number
and tool number of cuntsittete, a S. box 1 of 1 bore. and (d) the number of the contamar
hearing the packing slip. Seller shall bear cut of packaging urdess athmwist provided. Gads
shall be suitably picked to %vuror lowed hanspanuion copy and to confirm with requirommots
of commotion carriers and any applicable spocillcatsons. Buyer's count or *tight .hall be final
and conclusive on thipments not accompanied by pecking lists.
2. S{IIPMENT UNDER RESERVAtION PROIIISITFD. Seller Is non authonaed m ship the
gtnuis undtr esurvnum wA m tends of o big of lading wiR opens ere m asuler of gwda
I. TITLE AND RISK OF LOSS. The ulle sad risk of kin of she Soode [hall non pus to Buyer
until Buyer actually receives and oil possession of the goals its the point or points of
Jelhorry.
1. NO REPLACEMENT UP DEFECTIVE TENDER. Every tender of delivery of goods must
fir{ly cwnply wmlk alit pnovissosn mf ltia conract ere w time of delivery, yualiry and the like. I f m
tender it made which dim wit holly confan4 ibis shall constitute a bench and Sella shall not
have the ngM to subthissis a confixmsng tends, providaL where the rime for performance has
oat yet espied the Seller may reasonably notify Buyer of his intention to curd and may then
make a cunforming tender within she contract some btu era afterwwd
S. INVOICES d PAYMENTS. t Sells shall suismut .,. rats imoices, in duplicate, am each
purchase order or purchase td n" ■Ner each delivery. Invokes shorn mdicata the purchase
order or purchase release number and the supply aFetwom number if applicable. In"cal
,hall be itemized aril tnrupotuian charges. if my, shill be listed separately. A copy of the
bill of lading, and tin freight waybill when mppllcmhle, should be Attached to the invoice. Mail
Toy Accounts Poysbh., City of Lubbock, P. O. Box 2t100. Lubbock. Texas 79457. Payrri nt
shall not be douse urtul the above irimrummus as submitted aher deUvery.
6. GRATUITIE1. The Buyer may, by written notice to the Saner, cancel this contract witticisms.
liability to Seiler if it in determined by Buyer the smauiLiss. in tin farm of ensartsinmcm sift
or Other.vise, wen offered or given by the Seller, or mf' &Bess Of feprdaanaive of the Seller, e
any offfcw or employse of the City of Lubbock with a view to recol ng a contract err ecuring
fivonbis treamme with respect uo the awrdsq or amssding, or Ihm making of my
determinations with inspect to the performing of Ruch a contract. In tar event thin contract in
canceled by Buyer pusuarr to this provision. Buyer shall be entitled, in addtlon to cry other
righom and reassesses, to reserver or witJmkd the amoumi of tin cod incurred by Seller in
providing each gratsdtits.
7. SPECIAL TOOLS A TEST EQUIPMENT. If the price stated oa to five hereof inchdn be
cost of my gaeeW tooling or spasm teas equipment fab&uW or required by Seiler fix the
purpose of filling this order, rich special molkog equip.m and any process sheets related
thereto shall ,-stone the property of lie Buyer end to the extent feasible shall be identified by
the Seiler Am such.
1. WARRANTY -PRICE.
a. The pew to be paid by tar Buyer shall be the command in Seller's bid which Seller
warrants to be no highs that Seller's curaeee process an order by others for products of the
kind rind specification covered by this agmemrm for similar quwutks under si ailw of like
condition wool m nhado of purchase. In Iw rim Seller brdschal this warranty, the pries of
the items shall be reduced to the Seller's tureen prices on o den by othms, or to the
altsrouidm . Buyer may cancel the contract without liability to Sells for breach or Seller's
actual expense. b. The Seller wartema riot an person or sailing ymmcy hot been ettgioyaf ter
retained to splice at secure this cenom upon on agreement or twdentadhtg for coal- ion.
percensap. Iroketap, or contingent fee exeeping boar fide enpfayeae of boar flodo
eatsbli I cvmmactu or rang agencies n Lmmd by dot %bw far vie purpose of meeretng
hushoer. For brace of ski akin of this warraty the Buyer dill have the right in addiddin to
any other rigor ofroom to cancel the contract wihotn liability and to deduct hen the contract
price, or otherwise recover w0bouc liability wool to deduct from the constred price, or otlartrin
recover itse full aertsst of such caswishoiwt. po cernap, kraiay& or corainpn lac.
9. WARRANTY -PRODUCT. Wide shag net limit or exclude my hsplied worrarsWs end my
stem p to do to sliern render tine conract voidable an the options of she Buyer. Sellor wanner
Lhr ibis Bonds furnished will conform so am specmficatie s. drswirp, &end descriptions lived in
the bid inrit oiart, and W the mnpWs) famished by the Seller, treaty. le the event of a connkt
or between the speeifkaiorw, drawings, and dneriptionti die specifications shall govern.
Nowihsunding my provisional contained its the contractual aBres ewe to Seller teprromts
and warrarNd fwk fare pmforsnwhce ad fauk-fin tewdl m t!r protsaa� due ad dw nlwd
data (including, bus not national Io akuWin& congunig end sequencing) of all hardware.
tollwars aid fomwae products delivered ael services provided under this Casual
irdividualty or In combination, an the case may be ham the effective des of ibis Contract.
17e oblisasions contsied hmeis apply to products and servical provided by she Sella. its sub -
Sells at any third party involved in thiscnuson ordevelopsean of tin productsend services ua
be delivered to tar City of Lubbock under Ise Cores Ftihra to comply with sty of de
Lobliguioes contslned hemei. may result in the City of Lubbock availing icatif of arty of its
rights under the law rat under this CatLosct onelyding, bon mt united AN its no pauni g to
termination or default. Tin wunnties comurod !mesa ins s- . and JierVA hero soy
other warrmLiss spatted in this Contract, teed ate not subject to my disclusmer of waeriety,
implied or Aspirin or liomteim of dw Seser'n liability whkb nay be specified in this
Contract, its appendices, is scheduled, am annnei or my documasn incorporated in the
Contract by reference.
10. SAFETY WARRANTY. Seller *wTmu the the product sold to the Buyer +hail conform to
the stmo lards prosalpled by"U- S, Dgmnnwt of Labor uoder"Occupational Safety ad
I health Act of 1970. In to event the product dos not conform to 0911A stsndrds, Buyer my
rtrten he product (or corrections or replscemmt at the SeBar's espir In the event sense
falls to make tin approprete conowiaos wnhm a reasonabb sae, camation made by Buyer
wsR be Am the Selhr's expense.
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS As pert of this contract for
salt Seller agrees to acerrait whether pods mmufrtumd is accordance will the
.pstdk ssirsse attached to thin Agreement win On rim to tin righsfal claim of my third pntoa
by way of mfnngernent of the hie- Buyer make no warranty Iris tlw producton of Ruoda
according W the specifications will not give net to such it Onion, and m no assert shall Buyer be
liable to Seiler for ondetnstficaio to the esens the Seller is surd La the grounds of
mfnnges ont of Lle like. If Seller is of the opinion that an infringement or the like woll rewlL
he will notify the Buyer to this effect in writing within two week[ &five the ugndng of this
agreement. If Buyer does not receive notice and is wbwgtandy held liable for the
mfnagemel or the like, Seller win save Buyer hanmleal If Seller in good faxh ascertains the
production of the goods in accordance with the specifications will molt in mfringeniem or the
like, the contract shall be null and vod.
12. RIGHT OF INSPECTION Buyer shall have the right to inspect Lon gonads u delivery hefrtef
accepting Ihem.
13. CANCELLA r1ON. Buys shall have sin right to cancel for default all or any put of the
undelivered portion of this under if Seller breach any of de terns hereof including warranties
of Sella or if tin Seller becomes insolvent or ttmsmitt ace of hmknspicy. Such no of
cancellation is in addition to and not in lieu of any other roadies which Buyer may have in
low or equity.
14. TERMINATION. no pit rlbrntrto, of work under this order may he terminated in whole, ter in
post by the Buyer in accotd§M with this provilkW Ti miretion of wok hereunder shall be
efrecsed by the delivery of tin Seller of a "Notice of Temunmion" specifying the extent to
which paforrmnce of won} under Lin under is terninaed and she dais sport which such
ierminaion becomes effective. Such right or termination a in addition Lo and non in lieu of Lhe
rights of Buyer set forth in Clams 13, hotels.
ter. FORCE MAJEURE. Neither parry shall be held responsible for losses. tensioning if the
fulfillamem of any umm of provisions of this contract is delayed or prevented by any cause not
within this control of the parry whoa performance is interfered with, and which by the ett rriso
of reasonable diligence said party is unable to prevent
16, ASSIGNMENT.DELEGArlON. No right or interim in Ibis contract shall be assigned or
defegarim of my obligaioo me& by Seller without the wrimcro psrmsssion of the Buyer. Airy
attempted aarignasmt or dekption by Seller shill be wholly void end totally i ter tive for on
purpose unless made in confamsily with Ibis paragraph.
17. WAIVER- No claim or right airing out of a breach of this contract can be discharged in wholo
or in pit by a waiver or rxrwnciaian of the claim or right unlen the waiver or renunciation is
supported by consideration and is at writing signed by the agpieved party.
19. INTERPRETATION -PAROLE? EVIDENCE- This wrishog. pha any specifications for bids mad
paformasn provided by Buyer an its advtertuaxrm for bid and my other documents
provided by Seller n Pont of him bid, is inrvded by ilia partial as a Nod expression of ninir
apeemea and needed abo on a contpbui and exclusive statnsteeot of the tend of dteir
agreement. Wbcmvw a term deleted by ibis Uniform Cm nemiW Code is used in ibis
itiparnaet tlw definitions conWtied io the Cads isLo control.
19. APPLICABLE LAW. This agreerssaot Well be governed try tin Uniform Com morcisl Code,
When over the was 'Uniform Cones wcol Code" is uea4 it shall be condndad u meaning this
Uniform Commomial Code an adopted is she Suave of Teram a effective and in force an the
data of this avremsa.
20. RIGHT TO ASSURANCE. Whatever One parry to this contned in good faits has reason to
questions the tiler party's inhmn w vallbsm he may demarod that Use oilwr parry give written
assurance of him intend to perform, io the event there a demmll is made and no assurmce is
given within five 15) days, the demanding pal may transit this fiilure on on anticipatory
repudiation of Ise conuaet
21, INDEMNIFICATION. Seller shall idsearl keep and save harmless sin Buyer, its agrnw,
officials end ampbyow naiad all injuries. dais dimloss, dosages, clams patent 0shns, suits,
liabilities. jsidPmnts, coats stud mp=mL which may is Anywin arrsn aphid the Buyer in
cosmquar" of the graming of this Contract or which may atywin tedik tsereliosn4 whether
or roe it "I be alkgml or do armied his the art won caused througls negligswo or omiuisos
of the Setter or its employee, or of tin subSAla or as pm or its employees, if soy. and the
Sells thntL at his mte expo ao, appear, dmferd and pay all charger of morreyo ad inn coAno
and other A.- - al airing ibm him of irocurrd is coraecLiom die. awido and if arty judgmem
shall be rdrtdell aping the Buyw her any such action, the Seller shell, at its own expenses,
i misfy and discharse the am Wier expressly understands rd ago® tits my bored required
by this contnim or odwrwiss provided by Seller, shall in no way licit Use responsibility to
m&mmily. keep Arid save harmless nd defend the Buydr as hems proridsi
22. TIME. It in hereby expressly Agreed and understood the time is of the eonence for the
performance of this contrast, and Whae by comool to meet to Liar spectNeatiam of this
agreement win caeca Seiler to be in default of this aFwmrnk
23. MBL The City of LabbocY hereby notified sll bidders that in tega+d to wry contract entered
into pursuant to that request, minority And wornm business enterprises will be alfardod squat
nppinrnuninics to submit bid is response to this innvstatsos end will not to Jiscrim&tetell against
on de grounds of rece, cola, sin or natural ongdm in cmnideraia► ror ere ■w rt
24. NON -ARBITRATION, Tlw City mserven the right Lo exercise dry right as remedy available to
it by law. contact equity. or otherwise, induding withow limitrnon, the no to seek may and
all form of relief in a can of comp@Lm junsolki on. Further, the City dell nix be surbjecs to
my arbitration process prior to exercaiy its uresivted right to ask judicial remedy. TTw
MI.— era forth loss are cumulative and not rxchtsive. And may be exercised concurrently.
To List guar of el conflict bewem Lin provision sod modow prmisiom on, or rchtml W this
Incumen, don ismvislm slag control.
25. RIGHT TO AUDIT, At arty iiaw during the Was of tin conrrdcs, or Lim fser, the Cnv. or ■
dhrly authorized audit repress wiva of the City or the Saw of Tessa, a its etprnre and it
reasons" limn, resmves the right to adds Coiracuse'm reams nil books rekd am in all
wrvkrn provided In the City under this Control In Ile chest such an audit her the t'ity ie,.als
any errs at overpayments by the City, ConpKror shall refarid to C'dy -he full mmrunl of
ouch overpaynwate wnhta thirty (30) days of minds audits indinp. or the I ty. a tL, opo.rn.
reserve the no to deduyt nadh amounts owing the City from my paywdm% dry Cu oraclor
Rm 02 2012