HomeMy WebLinkAboutResolution - 2013-R0108 - PO - Daco Fire Equipment - Carbon Fiber SCBA Cylinder - 03_28_2013Resolution No. 2013—RO108
[arch 28, 2013
Item No. 5.16
RESOLUTION
I3I�' 1T I FS01.VED 13Y T1 ll: CITY COUNC11, (.1F TI ll: CITY 0 F I.U13WC K:
'THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf ol' the City of Lubbock. Purc]],ise Carder No. 10008075 €or the
purchase of Carbon I'iber SC BA Cylinder as per H G A C Contract No. FS12-11, by and
between the City of Lubbock and DACU fire Safety l"aluipment. and related doCUMCIlts.
Said PurchaSe Order is attached hereto and isicorporated in this resolution as if #idly set
forth herein and shall be included in the mi1urtes of the City Council.
Passed by the City Council on March_28, 2013
L C. ROBERTSON. MAYOR
ATT IST:
Rcbe •c�i [iarZ.a. City Secreta
APPROVED AS TO CONTFNT:
r
Mike Kernp, Fire Chiti'
APPROVED AS TO FORM:
C iad Weaver, Assistant City Attomey
v►-ccdocs/RESDAC❑ Fire Sall ty Equip-Ptirchase0rd
March 12, 2013
C
ity of
lub
I'O:
PURCIIASI: ORI)ER
DACO DIRE SAFEITY EQUIPMENT
201 AVI?NUE R
P.O. BOX 5006
I.UBBOCK Texas 79408 5006
INVOICE 1-0: CITY OF LUn0[7CK
,%ccouN-r5 P,%Y,%w.E
P.n, uox 2000
LUIMOCK, IA 79357
SHIP TO:
Page - I
Dale - 03J12120I3
Order Number 1000807.5 [100 OP
13ranch/Plant 5619
CITY ❑1; LUBBOCK
CENTRAL FIRE STATION C.:OMPI.E:X
RAUL SALAZAR
1515 EAST URSULINE
LUBBOCK Texas 79401
Ordered 03/28/2013 Freight
Requested 05/28/2013 'Taken BY T LENNON
Delivery PER R SALAZAR REQ 41179 HGAC CONTRACT NO, FS12-11
Description/Supplier Item Ordered Unit Cost UM Extension _ Request Date
30 IAN 4500 PSI CARBON 70.000 � 7I8.0000 CA 50,260.00 05/28/2013
60 MN CARBON 4500 PSI
Tenas NEi'r 30 DAYS
5,000 1.115.0000 EA 5.575.00 05/28/2013
Total Order
55,835,00
This purchase order encumbers funds in the amount of $55,835 awarded to DACO Fire Safety Equipment of
Lubbock, Texas on March 25, 2013. The following is incorporated into and made part of this purchase order by
reference: HGAC Contract FS12-11. Price quotation dated March 12, 2013 from DACO Fire Safety Equipment of
Lubbock, Texas. Resolution# 201-izn 1 08
CITY OF LUBBCJC
Glen C Roe son, ayor
ATTEST:
Rebe �caGarZa, City ecretary�
'TERMS AND CONDITIONS
IMPORTANT: READ CAREFULY
WANDARD TFIMS AND CONDITIONS
CrrY OF LUnom.'TEXAS
Seller and Du)er agree as follows:
1. SELLER TO PACKAGE GOODS. Sella will packago goofs in accordance with good
eoimnacisl practice. Each shipping container shall be clearly and patnaaewly biked as
follows (a) Seller's nano .md address, (b) Corotgnea's names, aJ&cn and purchase order or
purchase release number and the supply agreement number if applicable. (c) Container number
and local munber of conWricts, e.g. box I of i bows, and (J) the number of Iha container
brringthopackingslip. Sella dull bear cog orpackaging unless othowiteprovidekL Clouds
shall be suitably packed to secure lowest tlait"ation costs and to conform with iequirtm ants
of common torero and any applicable specifications. Buyer's count or wctght shall be final
and canciusis a on shipments not aroanpanied by packing IIML
2. SIHPMENT UNDER RESERVAf10N PROHIBITED. Sella is not authorized to strip the
goods wider starvation and no tailor of a bill of lading w itl operate as a iac des of goods.
3. rl f LE AND RISK OF LOSS. The title and risk of too of the goods shall not pass to Bu)a
tati) Buyer scoully receives and takes possession of the goofs at the point or paints of
delivery.
J. NO REPLACEMENT OF DEFECTIVE TENDER. Escry tender of delivery of goods must
hilly comply with all provisionsof this contact as to time of ddisay, quality and the Ire. if a
loWer is inatle which Joa not fully conform this shall tontine a breach and Sella shall not
have the tight to substitute a conforming tender. provided, wham the time for paformmco has
not )d evpired, the Sella may rcasonsbly notify Buyer or his imesaion to cum and may then
make a cunformni; lmJa within the catwaa time but not a0awanl
J. INVOICES dt PAYMENTS. a. Sella shall submit separate ini,ok , in du aticate, one each
purchase order or purchase redem &Res each delivery. Invokes shall indlasa the purchase
order or purchase release number and the supply agreement number if applicable. Invoices
shall be heirtized and Iramporiation changes, if any, shall be listed sepanldy. A copy of the
bill of lading, And the height waybill what apptleables, should be attached to the invoice. AWI
To: Accounts Payable, CSry of Lubbock, P. O. Boa :000. Lubbock, Taxes 79457. Payruni
shill not be due until the above instruments are samittcd after delivery.
6. GRATUITIES. The Buyer may, by written notice to the Sella, carted this aanbact without
liability to Sella if it is determined by Buyer that gratuities. In the form of entertatamaa, gifts
or otherwise, were offamd orgiven by the Sela, or any agents or reprcscnlalive of tho Sella, to
any officer «employee of the City of Lubbock with a view to securing a contract or tasting
rmurablo treaCnena with reupecr to the awarding or arnanding, or the making of ray
daerminatioin with rcgc a to the performing of sich a contract. In the arm this cormact is
angled by Bsrya purism to this provision, Buyer shag be eetiUaL, in addition to any other
rights and ratNia, ro rcwvet or withhold the ansouru of the exact incurred by Sella in
providing suds ptaruid-
7. SPECIAL TOOLS d TEST EQUIPMENT. If the pica pared on the 1Sao hcroof includesthe
cost of may special tooling or speciid tat equipmesa fabricated or required by Sella for rho
prposs of Bllinng this order. such special tooliung equipment and any proetas access related
thaao shall beecrmti the popery of Iho Buys asses to the extent feasible shall be Jdernified by
the SclIcr as puch.
8. WARRANTY -PRICE.
a. The price to be paid by the Buyer shall be that contained it Soifer's bid which Seller
warrants to be no higher than Sella's current process on orders by other for products of the
kind and spevillcathut covered by this agrtanaa for similar, quscuilin under sinuia of like
conditions and methods of pucchasa. In the event Sella braches this warmly. the prices of
the items shall be reduced to din Seller's current prices on orders by othrn, or in the
alternative. Buyer may caned this contras without liability to Sella for breach or Seller's
actual ctpese. b, rho Seller warranta that no person or selling agency has been employed or
retained to soldcif or a== This conaad upon an agreement or undemanding rot commission.
percentage. brokerage, or contingent reo excepting bona fide eraployta of boa fide
established commercial or selling sgascles msirsuined by the Sella fbr the purpose of seeurlreg
business. For 6rcach of vitiation of thin warranty the Buyer stuff hava the right in addition to
any otherright of rightsto eased thiscwatrsd without liability and to deduct floe the canna
price. or otherwise recover without liability any to deduct (torn the commas price. or otherwise
mcov a the wl unwmt of such coamfissiot, ptaremtg0. brokerage «cemirigeut roc
9. WAR RANTY•PRODUCT. Sella shall not limit or exclude any Implied wannsies and any
attempt to do so shag tender this contras voidable at the option of the &rya. Sella warrants
that the goods furnished will anform to the specillasloq drawings, and descripim u limed in
the bid imitation, and to the semnpitris) fmrsivitea by the Sella. if any. In tho evens of a eonnice
or between the specifications. dnmings, and Jew pkns the Weviticaticm shall Some
Notwahmamling any provisions contained in the contrxin al agreement. the Seller represems
and warrants fault -free perfotnartce and fault-fFeo result In the processing date and date related
data (including, but not lindle:d to calcudatleg, comparing and sequencing) of all hJrduam
sollwarm and (Imhware products delivered and +emcees provided undies this Contract.
individually or in combination, as the case may be from the dTwivo Jato of this Contras.
The oMiVtfuons confound herein apply to predfucts and services provided by the Sella, its sub.
Seller dr any third party involved in the creation ordesdopmera of the products and servicesto
be Jelhaal to the City of Lubbock unda this Contras. Failure to comply with try of the
.tlmligallons ckunainal herein. uay repdt in rho City of Lubbock availing itself of any of its
rights under the law ad ender this C«uract inchsdhtg, but mess limited to. its right pertaining to
lamination or ddaup .ih9.v�arnnties contained herein arc separate and discrete Item any
other wairaolfei .maned in th,rCartrad, and ere not subject to arty disclaimer of warranty,
implied tit avptpsed, or limitation ofthe Seiler's liability which mry be specified in thus
Ctaenact, its atTnupioa„j(s uhdlles, iu artimes or any di comas incorporated in this
Contract by rdffft cm -
10. S.\FETY WARRANTY. Stiles warremt thsl the pnadus sold to Um nu )a shall conform to
rho stanyivds premulgated by the U. S. Oepare vet of Labor under the Oaiquriorw Sday and
Ileahh Act of 1970. In the ever= the product Joel run ooaform to OSIIA standards, Duties, may
raven the psoluct fcr correction or replaceaat at the Sellct s cipense. In the evens Sella
fails w eruke the irrfrpiee correction simthin a seasonamis time, arreerton make by Bu)a
w�D he 21 she Seller's evpenue.
11. NO W,IRR,W rY BY BUYER AGAINST INFRINGEMENTS. As pars of this cmnbas for
We Seller agrees to ascertain whelba goofs mamfxltucd in accordance with the
,pecificatlom attached to this igr"m;U will give riso to the rightful claim of any third person
by wry of infringemrnt of the like. Uu)er nukes w womanly that the produc7iun of goods
according to the specification will not give rise to such a ctabr4 and in no event shall Buy a bo
liable to Sella for indemnification Jn the event that Sella is sued on the grounds of
infringement of the like, If Sella is of the opinion that an infringemaq or the like will result,
he will notify the Buya to this clTect in writing within two weeks alter the signing of this
agreement. If Buyer does not reccivo notice and is subsequently held liable for the
infiinScincnt or the like, Sella will save Buyer harmless. If Sella in goal Ihilh ascertains the
production of the goods in aceanlaneo with she specifications will result in infringement or the
like, the contras shall be null and void.
l:. RIGHT OF INSPECTION. Bu)a OW have the right to inspect rho goods at delivery before
accepting 111101L
13. CANCELLATION. Uuya "I have the right to carted for default all or any purl of the
mmdeliv red portion of this oria if Sella beracha ray of the team heseof including warranties
of Selma or if the Sella bocom n insolvent or commits acts of hanknrpley. Such right of
cancellation is in addition to and ties in lieu of any other tanetlies which Bu)er tiny have in
law or equity.
14. ITIMINATION. The perfomanco of work uda this «da mry be teemisuled in whote. at in
put by iho Buyer in woordancie with this prmisien. Tamieaion or work hacussder shall be
affected by the delnary of the Sella of a "Notico of Termination" vpecilying the extent to
which perfomnuue of wosk unda the otda is terminated and the deco upon which such
lamination bceana clTeetisa Such right of termination is in addition to and nos in lieu of the
rights of Buyer sec forth in Clause 13, herein
15. FORCE MA3EURE Neither party shall be held responsible for tosses, resulting if the
ft,imimrt of any tams of provisions of this contract is delayed or prcvenW by any cause not
within the control of rho party *hot* performance is imafcred with, and which by the eneralso
of feasonable JUigimoo said party Is Unable to prevent
16, ASSiGNMENr•DELEOATION. No right or kraal in this contras shall be asslgmed or
delegation of any obligation made by Seiler without the written permission of the Buyer. Any
attempted assignmew or deicyasion by Sella thall be wholly void and totally ineffmive for all
purpose wlas rude in conformity with this paragraphs.
17. WAIVER, No claim orright arising o t of a beach of this contras can bo diseharpil in whelo
or in pan by a waiver or renunciation of the claim or right unless the waiver a crmuciaslon is
Pupported by eonsidensio n and is la ws(ting signed by the aggrin eel parry.
IL INTERPRETATION -PAROLE EVIDENCE This writing, plus any spedfiadoin forbids and
performance provided by Buyer in its sdvatisaamt for WU and any other doeummts
pro, kW by Sella as pan of his biJ, is intended by the parties u a nnal expeasion of their
agreertesa and intended also as a complete end exclusive statesman of she tams of theft
ascrtxmera. Whines r a term defEsed by the L'nifoms Camntaciall Cafe Is used in this
agrmsxnt, the definition contained in the Coda is to control.
19. APPLICABLE LAW. This agreement shelf be governed by the Uniform Commacw Code.
Where ever the term "Uniform continue Coda" is used, it shall be construed n meaning the
Uniform Co mmacW Code as adopted in the Sul* of Term as effective and in feree an the
dote of this agrecmera.
:0. RIGHT 70 ASSURANCE Whcmeva one pang l* this contras En good faith hoes reason to
question The other parry's intent to perform he may demand that the other party give written
assurance of his intent to perform. In the evert guy a demand is mode and no assurance is
give within five p► days, the denwnding party may that this failure as an anticipatory
repudiation of the contras.
11. INDEMNIFICATION. Seller +hell indemmlry, keep and save hairless the Buyer, its agree,
officials and anpleyces, against all injuries, deaths, loss, damage, cW m% patent claims, suits,
liabilities, juJgrents, tope and etpei which may in anywise accrue again the Buyer In
axsuquatce of tho granting of this Cum = or which may anywise result thorefhm4 whether
or no it shall be alleged or determined that the act was edsxd through negllgarm cr «nission
of the Sella or its espMyea, or of the sub6dla or asmvgmee or its cmployaes, if dry, and the
Sella shall, at his own capons¢, appa►, defend and pay all charges of anorscys and an costs
and aha aipemes arising tnerefrwm of incurred in connci tion thairii id% and, if any ludgintnr
shall be tendered against tho Buyer in any web adios the Sella dull, at in own «passek
satisfy and discharge the same Sella « pessly tmdastands and agrees this any haul rapdred
by this contract, or otherwise provided by Shca, shall in no way limit the responsibility to
indernnisy. keep and eve harmless and dldeW the Buyer at herein pre ided.
::. risiE It is hereby etpreuly agreed and unkcrscood that time is of the cumv for the
performance of this contra!, and faiturs by contras to meat the time specificatidvrc of this
agreement will cause Seiler to be in default of this artirmens.
13. SiDE The City of Lubbock hereby neli0a all bidders that in regard to any cocir ml entered
into pursuant to this rapuosi, mnitioriry and woman business ermierprises will he athndvd a{uul
oppomoitlesto submit bids in +esparto to this imitation and will no bo dixrimirutal against
on the grouMs of race, color, sex or natural origin in consideration for an auard.
_14. NON-ARBTTRA PION, the City to wnes the eight to exercise any right or retriedy av sifabto to
it by law, contract. equity, or otherwise, Including without fin itatio. the right to seek any and
all fensof idief in a tours of cnmpelaa judi dictim. Further, thoCiry shill not be vibjal so
any arbimatioa process prior to exacising its uncas dcd right to seek judicial reedy. rho
rana es set forth herein ato cumuLai%c mid not etclusisx; and rruy be ttemsed concurrently.
To the event of any conflict bdwect this provision and another pmvision in. or related to, this
Jxumcn% this provision shall COMM.
_13. RIGIiT TO AUDIT. Al any lima during the tam of the contrtd, or thereafter, the City, or a
duty auh«imil su.hl represaeaive of she City or the Slue of Tomas, ar its evperne and A
reasonable times, rewnes the right to audit Certhnsoes records and books televam to .ell
sat ices paw lied to the city under this Comrxl in the n att such an zLzt by thocity rev eats
arry man or werpa)mwtits by the City, Ccnmxt« aWl refund the City rho full a ,&A" of
such ovcip4memtt within thirty (30) ,lays of such audit findings, or the City, st its opion,
rewnes therigs to dediccs such arounts owing the City IF«m any payments din Contractor.
Rcv. 02/2012