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HomeMy WebLinkAboutResolution - 2023-R0023 - PO 10026011 with Smiths Detection - HazMat Team 1.10.23Resolution No. 2023-R0023 Item No. 5.25 January 10, 2023 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 10026011, for the purchase of a Hazmat ID Elite detector, as per GSA Contract GS-07F-081 DA/PUR 17069, by and between the City of Lubbock and Smiths Detection, Inc. of Philadelphia, Pennsylvania, 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 ATTEST: Rebe ca Garza, City Secr APPROVED AS TO CONTENT: Shaun Fogerson, Vh(ej of Fire APPROVED AS TO FORM: RESTO 10026011-Smiths Detection, Inc. 1.3.23 January 10, 2023 TRAY P ., OR Page - 1 Y--`-,� T City of 7 Lubbock PURCHASE ORDER Date - 12121/2022 TEXAS Order Number 10026011 000 OP Branch/Plant 5619 TO: SMITHS DETECTION, INC. PO BOX 7247-7251 PHILADELPHIA PA 19170-7251 SHIP TO: CITY OF LUBBOCK CENTRAL FIRE STATION COMPLEX 1515 E URSULINE ST LUBBOCK TX 79403 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: 4f Marta AlvareMirector of Purchasing & Contract Management Ordered 12/21 /2022 Freight Requested 4/26/2023 Taken By D HEATH Delivery PER R SALAZAR REQ 59622 GSA Contract: GS-0717-081 DA I .you have any questions please reach out to Raul Salazar at (806)-775-3176 or by email at RSalazar�ikcLlubbock.txus Description/Supplier Item Ordered Unit Cost UM Extension Request Date Hazmat ID Elite 1.000 69,069.0200 EA 69,069.02 4/26/2023 Hazmat ID Elite ' Freight 1.000 250.0000 EA 250.00 4/26/2023 Total Order Terms NET 30 69,319.02 This purchase order encumbers funds in the amount of $69,319.02 awarded to Smiths Detection, Inc. of Philadelphia, PA, on January 10 , 2023. The following is incorporated into and made part of this purchase order by reference: Quote dated December 12, 2022, from Smiths Detection, Inc. of Philadelphia, PA, and GSA Contract GS-07F-081 DA. Resolution # 2023-R0023 CITY OF LUBB K: ,,,7 Tray Payne, M ATTEST: <D " &' , K Rebe ca Garza, City Sec ary Rev. 3/2022 Seller and Buyer agree as follows: PURCHASE ORDER TERMS AND CONDITIONS STANDARD TERMS AND CONDITIONS ACCEPTANCE OF THIS PURCHASE ORDER CONTRACTOR ACKNOWLEDGES. by milvmg any Goods or Services that the Contractor has read. fully understands. and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Contractor unless agreed uoon in comma by the parties. In the event of conflict between the Cov's terns and 1 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) Cnumer number and total number of containers, a g. box I of 4 boxes, and (d) the number of the container bearing the packing slip Seller shall bear cost of packaging unless otherwise provided Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 2 SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the broods 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. Ifa 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 confomung 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 wntten 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 secunng 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 wan -ants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(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 performanceand 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 combmamon, 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 parry 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 1 I NO WARRANTY BY BUYER AGAINST INFRINGEMENTS As pan 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 issued 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 of this 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 nonappropriatron 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 ternunation 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 atany time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days pnor written nonce, 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 pan of the undelivered portion of this order if Seller breaches any of the terns hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy Such right ofcancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Nonce 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 m Imu 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 parry 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 conformity with this paragraph IS 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 terns 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 parry's intent to perform he may demand that the other parry 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 attorneys and all costs and other expenses arising therefrom of incurred in connection therewith, and if any Judgment shall be rendered against the Buyer many such action, the Seller shall, at its own expenses, satisfy and discharge the same Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by Seller, shall in no way linut 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 unrestricW right to seek judicial remedy The remedies set forth herein are cumulative and riot exclusive, and may be exercised concurrently To the extent ofany conflict between this provision and another provision in, or related lo. this dvAinimr, 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 Contractor's records and books relevant to all services provided to the City under this Contract. In the even) 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 shall not assign or sublet the contract or any portion of the contract, without women consent from the Director of Purchasing and Contract Management 28 Commas 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 terronst 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 govemmental 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 are available at (litp. www.cilubbock.txusfdepanmental- 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 bovcatt Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response 31 No Boycott of Energy Companies Pursuant to Section 2274 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274 002. or (it) it does not boycott Energy Companies and will not boycott Energy Companies during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. 32 No Boycott of a Firearm Entity or Firearm Trade Association Pursuant to Section 2274 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2274 002, or (u) it does not boycott a Firearm Entity or Firearm Trade Association and will not boycott a Firearm Entity or Firearm Trade Association during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response 33 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 ar service with Iran. Sudan or a foreign terrorist organization 34 TEXAS PUBLIC INFORMATION ACT The requirements of Subchapter J. Chapter 552, Government 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 35 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 nrid u f i mbncL ­ Please send this request to this email address for it to be processed 15 TERMINATION The performance of work under this order may be terminated in whole, or in pan by the Buyer REV 312022 dEtECtLo Y Haltoera Sales Manager Smiths Detection bringing technology to life 2202 Lakeside Blvd Edgewood, MD 21040 Tax IDS: 22-3552823 Phone: (667) 201-3348 Email: Hector. Cabrera(Msmiths-detection.com Smiths Detection EquipmentProposal Prepa r Raul Salazar Date Decernoer 12, 2022 Company City of Lubbock Quote number Lubbock Fire Dept HazMat ID Quote 1262022 Lubbock Fire Rescue Lubbock Fire Rescue Location 1314 Ave K Delivery Location(s) 1515 East Ursuline Lubbock, Texas 79401 Lubbock, Texas 79403 Phone (806) 775-3176 Delivery Terms FOB Destination Email Address Rsalazar(amail.ci.lubbock.tx.us Expected Delivery 18 Weeks ARO Payment Terms Credit TBD - Application may be required Validity of Quote Jul-23 • . ,CIN UNIT PRICE EXTENDED PRICE --I GSA Contract number. GS-07F-081DA 1 HazMatID Elite - Dual Diamond, Yellow $69,069.02 $69,069.02 GSA Part * 029-1905-Y2 Handheld MR chemical identification system (Green) with spectral libraries containing explosives, chemical warfare agents, narcotics, TICs/TIMs, pesticides, common whits, powders, and many other chemical classes. The HazMatID Elite is MIL-STD-81OG and IP-67 certified and withstands decontamination by immersion. Includes: - Hardened transport case - Cassette for disposable 123A batteries - Two rechargeable lithium ion batteries - Performance validation sample - External battery charger - Hazardous Materials Priority Alert Add -In - Power supply The DUAL -diamond configuration includes a horizontal ATR interface with integrated pressure device optimized for the analysis of solid materials and a built-in liquids well, plus a second touch - to -sample ATR interface designed for direct sampling of surface materials and robotics integration. Command Package Included Included Includes: - Laptop computer with USB RF modem - Single -license copy of HazMat[D Elite Command Software FENTANYL Library Upgrade Included Included Partnership Package Includes Unit Warranty and ReachbackID Warrany: Extended coverage including: Free Software updates All parts and labour to repair system in the event of a malfunction -Tech support -Free loaner in the US (delivered by ovemicht carrier) REACHBACKID: 24/7 spectral interpretation ONLY: access to Chemists, Engineers, and Application Scientists for spectral interpretation assistance (English Only) Five Years Total Included Included Traininfl Options One -day on -site training (CONUS) if number of students exceed 10 for above training. $5,469.00 Optional Includes Operator Training up to 10 students Shipping 00dons 1 Shipping (terms detailed above) *Estimate $250.00 $250.00 Smtths Detection terns and conditions are hereby incorporated In this quotation and any purchase order that may result from this quotation will be in acceptance with these am and conditions. The terms and conditions are located a e following Smiths Detection Website: www.smdnsdetecbon.com/US_U mhs condibons.php Prices do not include state sales tax, miscellaneous fees or import/export duties of any land. Smhhs Detection reserves the right to modify any terms and/or conditions stated in the above quotation. e information contained herein rs exempt from disclosure under the Freedom of Information Act (5 U.S.0 552) under Exemption (bX4), and its disclosure is prohibited under the Trade Secrets Act (18 U.S.0 1905) and FAR 24.202. Rights to use or disclose this proposal are governed by DFARS 252.227.7016 (June 1995). I Items are open market items (iron -GSA), unless otherwise explicitly stated in this quote. Prices do not Include state sales tax, miscellaneous fees or impo tlexport duties of any kind. Smiths Detection reserves the right to modify any mhs and/or conditions stated in the above quotation. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2023-978021 Date Filed: 01/31/2023 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Smiths Detection Edgewood, MD United States 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 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. 10026011 1 HazMat Elite 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 Danyel DeVoe and my date of birth is My address is 2202 Lakeside Blvd Edgewood MD 21040 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Hartford County, State of MD on the 31 day of JAN 20 23 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc 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. 2023-978021 Smiths Detection Edgewood, MD United States Date Filed: 01/31/2023 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: 02/07/2023 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. 10026011 1 HazMat Elite 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 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 V1.1.191b5cdc