HomeMy WebLinkAboutResolution - 2019-R0305 - PO With Grainger - 08/27/2019 Resolution No. 2019-R0305
Item No. 6.28
August 27, 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, Purchase Order No. 10022184 in accordance with Buy
Board Contract 577-18 for the purchase of Full Face Respirator Gas Mask, by and between the
City of Lubbock and Grainger. of Kansas City, Missouri, 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 August ?7, 2019
DANIEL M. POPE, MAYOR
ATTEST:
R ecca Garza, City Secre ary
APPROVED AS TO CONTENT:
Jerzy Bre er, im Chief of Police
APPROVED AS TO FORM:
r �
i
Je f -tse eputy City Attorney
ccdocs/RES.PurchaseOrd 10022184 BuyBoard 577-18,Grainger
/August 7, 2019
Page - 1
City of Date - 8/13/2019
,,rLubbock PURCHASE ORDER
T E x A s Order Number 10022184 000 OP
Branch/Plant 5735
TO: GRAINGER SHIP TO: CITY OF LUBBOCK
DEPT. 805846086 POLICE DEPARTMENT
P O BOX 419267 916 TEXAS AVENUE
KANSAS CITY MO 64141-6267 LUBBOCK TX 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE.
P.O.BOK 2000
LUBBOCK,TX 79457 BY:
Marta Ivarez,Director of Purchasing S C'ontiacl Management
Ordered 8/7/2019 Freight
Requested 9/24/2019 Taken By S GONZALEZ
Delivery E SANCHEZ REQ 54298 BUYBOARD 577-18/PUR 14863
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
Full Face 169.000 338.3500 EA 57,181.15 9/24/2019
33X 178
Respirator.Threaded.L
Clear Outsert Assembly 169.000 49.8800 EA 8,429.72 9/24/2019
33X]78
for C50
Filter,CN,CS 43.000 165.3200 EA 7.108.76 9/24/2019
357.,1182
P 100,Threaded.PK4
Total Order
Terms NET 30 72.719.63
This purchase order encumbers funds in the amount of$72,719.63 awarded to Grainger of Kansas City,MO on A I I orl 1,0,1. 2019. The
following is incorporated into and made part of this purchase order by reference: Quote 43255784 dated August 13,2019 fi•om Grainger of
Kansas City,MO,and BtlyBoard Contract 577-18.Resolution# 201g_R_0305
CITY OFIV ATTEST:
P, 0'", P<�_
Daniel M.Pope,Mayor Rebe ca Garza,City Secretary
PURCHASE ORDER
TERMS AND CONDITIONS
IMPORTANT:READ CAREFULLY
STANDARD TERMS AND CONDITIONS
Seller and Buyer agree as CITY OF LUBBOCK,TX
follows:
1.SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. lieu of any other remedies which Buyer may have in law or equity.
Each shipping conininer shall bu clearly and pemmienily nutked as fallo+vs (a) Seller's nanhe a rid address, 15.TERMINATION.The performance oRvork under this order nay ba terminated in whole,or in pan by the
(b)ifapplicable,(c)Container number and total number of containers,c.g box I of 4 boxes,and((d)
Consignee s name,address and purchase orderer purchase release number and she supply nd the e number number Buyer in accordance with this provision. Termination of work hereunder shall be effected by Ilia delivery
d)t
of the container bearing ilia packing slip.Seller shall bear cost orpackaging unless'otlhonvise provided. Goods of the Seller of a"Notice of Termination"specifying ilia extent to which performance of work under the
shall be suitably packed to secure lowest transportation costs and to conform with requirements o1'conanon order is lomiumed and ilicdate upon which such termination becones etTective. Such right or termination is
carriers and any applicable specifications. Buycr's count or weight shill be f nal and concluxivu on shipments in addition to and not in lieu of the rights of Buyer set forth in Clause 14,hercm.
nor accompanied by pocking lists. 16.FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment
2.SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under crony terms of provisions of this contract is delayed or prevented by any cause not within the control of the
reservation and no tender of a bill of Indin;will operate as a imndarof goods. party whose performance is inturfurud with,and which by lite exercise of reasonable diligence said party is
unable to prevent.
3.TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pestis to Buyer until Buyer 17_ASSIGNMENT-DELEGATION. No right or inlerust in this contract shall be assigned or delegation of
actually receives and takes possession of the goods at the point or points of delivery. any obligation made by Seller without the wriueh permission of the Buyer. Any attempted;ssignnenl or
4.NO REPLACEMENT OF DEFECTIVE TENDER Every tender of dollvery of goods must fully comply delegation by Seller shall be wholly void 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. Ira tender is made which does not this paragraph.
fully conform,this shall constitute n breach and Sutler shall not have the right to substitute n confornning tender, IS WAI VEIL. No Maim or right arising out of n breach of this contract cwt he discharged in whole or in part
provided,where the time for performance how not yet er with in
the Seller may le but
of a notify Buyer of his by a waiver or renunciation of lite claim or right unless the waiver or renunciation is supported by
intention to cure and luny then make a confomdng lender within the contract time but not aricnwrJ. considernlion and is in writing sign,d by the aggrieved party.
5.INVOICES&PAYMENTS.a.S at I or shall submit separate invoices,in duplicate,one each purchase ly INTERPRETATION-PAROLE EVIDENCE. This writing, pars any specifications for bids and
order or purchase release oiler each delivery. Invoices shall indicate the patinae order or purchase rulense performance provided by Buyer in its advertisanhent for bids, wad any other docunhents provided by
number and the supply ngruument nunhber if applicnblc. Invoices shall be ilenhind and transportation charges,
if any,shoal be listed separately. A copy of the bill of lading,aid the freight waybill when applicable,should Sellar as part ol'his bid,is intended by the parties as o final expression of their agremnant wad intended also
be attached to the invoice. Mail To:Accounts Payable,City of Lubbock,P.O.Box 20DD,Lubbock.Texas as a complete list exclusive stntumcns of the temps of their agreement. Whenever a Icon defined by the
79457. Payment shall not be due until the above instruments are submiuud aller delivery. Uniform Commercial Code is used in this agreement,ilia definition contained in the Code is to control.
6.GRATUITIES. The Buyer may,by written notice to ilia Seller,critical this contract without liability to 20.APPLICABLE LAW. This agreement shall be governed by Ili,Uniform Commercial Code.Wheraever
Seller if it is determined by Buyer that gratuities,in the form of entertainment,gifts or otherwise,wer,offered the term"Uniform Commercial Code"is used,it shall be conslnrud as meaning the Uniform Conmu:rcinl
or given by the Seller,or tiny agent or representative of the Seller,to any officer or employee of the City of Code is adopted in lite Slate of Texas as effective and in force on the data of this agreement.
Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or 21.RIGHT TO ASSURANCE, Whenuvcr one party to this contract in good faith has reason to question
amending,or the making of any determinations with respect to the perfarining of such a contact. In the event rhe rather pony's intens to perform he any den uul that tau ocher parry give written assurances of his intent to
this contract is canceled by Buyer pursuant to this provision.Buyer shall Iw entitled,in addition to any other perforin. fn Ilse event that a demand is Wade and no assurance is-given within five(5)days,lite demanding
rights and remedies,10 recoveror willhhold the amount of the cost incurred by Seller in providing such gratuities. party may teat this failure as an anticipatory repudiation of the contract.
7.SPECIAL TOOLS&TEST EQUIPMENT. If the price stated un the face lereor includes ilia cost of any 22.INDEMNIFICATION. Seller shall indemnify,keep and save hormluss the Buyer,its agents,officials and
special tooling or special test equipment fabricated or required by Seller for ilia purpose of filling this order, employees,against all injuries,deaths,loss,Homages,claims,patent claims.suits,liabilities,judgments,costs
such special tooling equipment and tiny process sheets related therein shall become ilia property of rise Buyer mid expenses,which may in anywise accrue against ilia Buyer ilk consequence of the granting of this Contract
and to the extent feasible shall be identified by Ili,Scleras such. or which may anywise result therefrom,whether or not it shall be alleged or determined that Ili,act was
S.WARRANTY-PRICE.it. The price to be paid by ilia Buyer shall be that contained in Seller's bid caused through negligence or omission of Ilia Seller or in employees,or of the sulaSeller or assignee or its
which Seller warrants to be no higher than Seller's current process on orders by others for products of Ute kind employees,if any,wad ilia Seller shrill,at his overt expense,appear,defend and pay all charges of attorneys
mid specification covered by this agreement for similar quantities under similar of like conditions and methods mud all cons and other expenses arising therefrom of incurred in connection therewith,and,irony judgment
of purchase. In Ilse avant Seller breaches this warranty,the prices of ilia items sholl be reduced to ilia shall be rendered against ilia Buyer in Oily such action,the Seller shall,at its own expenses,satisfy mid
Seller's current prices on orders by others,or in the alternative. Buyer Mary eOncel this contract without discharge the same Saller expressly understands acid ugrucs shat any bond required by this contact,or
liability to Seller for breach or Seller's actual expense.Is.The Seller w•anants that no person or selling agency othonvise provided by Seller,shall in no way limit Ihu 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 defend the Buyer as herein provided.
commission,percentage,brokerage,or contingent foe excepting bona fide employees of Iona ride established 23.TIME. It is hereby expressly agreed and understood flat time is of the essence For Ilse perfomhance of
commercial or selling agencies maintained by the Seller for Ili,purpose of securing business. For breach of this contract,and failure by contract to meat the time specifications of this agreement will cause Seller to
vitiation of this warranty Ilia Buyer shall have the right in addition to any other right of rights to cancel this be in default of this agruenhmu.
contact without liability and to deduct from ilia contact price,or Olhanvis,recover without liability and to
deduct from the contract price,oro harwise recover the fill[amount of such commission,perceningu,brokerage '-4.MBE. 'rhe City of Lubbock hereby cosines all bidders that in regard to any contact antered into
OF contingent fee. pursuant to this request,minority and worsen business enterprises will be afforded equal opportunities to
submit bids in response to Ibis invitation and will not be discriminated agninst on the grounds ormce,color,
9.WARRANTY-PRODUCT. Seller shall nor limit or exclude any implied warraaiet and any attempt to do sex or natural origin in consideration for an award.
so shall render this contract voidable til the option of the Buyer. Seller warrants that the goods furnished will
conform to the specificaion,drawings,mid descriptions listed in the bid invitation,told to the sample(s)furnished 25.NON-ARBITRATION,The City reserves ilia right to exercise any right or reanedy to is by lase,contract,
by the Seller,if any. In Me evern are conflict or between the specifications,drawings,and descriptions,the equity,or otherwise,including without limitation,the right to sock any and all forms of relief in a court of
specifications shall Savant.Notwithstanding 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 performance and fault-free result in ilia processing date and date rallied data iisunresiricied right to sock judicial remedy.The reinudius sin forth herein are cumulative and not exclusive,
(including,but not limited to caleuloting,comparing and sequencing)of all hardware,soflware and firnnvare mid may be exercised concurrent y.To the extent of any conn ict between this provision mid another provision
products delivered and services provided under this Contract,individually or in combination,as Ili,case may in,or related to,this docunent,this provision shall control.
be from the effective date of this Contract.The obligations contained herein apply to products and services 26.RIGHT TO AUDIT,At tiny time during the term of the contract,or thereafter,Ilse City,or a duly
provided by the Seller,its sub-Seller or tiny third party involved in the creation or development of the products authorized audit represmumive of the City or ilia Sulu of Texas,at ins expense and at reason0bhe litmus,
and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the reserves Iia right to audit Cmmactoi's records and books relevant to all services provided to the City under
obligations contained herein,may result in the City of Lubbock availing itself of any of its rights under the this Contract. In ilia event such ran audit by the City reveals any errors or overpayments by the City,
law and under this Contract including,but not limited to,its right pertaining to termination or deficit. The Contactor shall refund the City lite full amount of such overpaynhents within thirty(30)days of such
warransius contained herein are separate mid discrete train any other warranties specified in this Contract, audit findings,or the City,at its option,reserves the right to deduct such amounts owingthe City from any
and are not subject to any disclaimer of warranty,implied or expressed,or limitation of the Seller's liability pnyments due Contractor.
which nay be specified in this Contract,is appendices,its schedules,its wuhexes or any document iucorromscd
in this Contact by reference. 27.HOUSE BILL 2015. (louse Bill 2015,signed by she Governor on June 14,2013 and effective on January
I,2014,mthorixes a penalty to be imposed on a �rson who contracts for certain services with a govenuuautal
10.SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to the standards mmity and who fails to properly classify their woiWrs.This applies to subcontractors as well.Contractors and
promulgated by the U.S.Department of Labor under the Occupational Safely and Health Act of 1970. In the subcontractors who fail to properly classify individuals performing work under o govummuntal contract will be
event the product does not conform to OSHA standards,Buyer may return the product for correction or pennlixed$200 for each individual that hiss been misclassified.II'cxn Government Code Section 2155.001).
replacement at the Seller's expense. In the even Seller fails to make ilia appropriate correcliot within a
reasonable time,correction made by Buyer will be at the Salter's expense. 28,ASSIGNING OR S UBLE Il'ING TI IE CONTRACT.The Contractor shall not assign or sublet the contact,
or any portion of Ilia contract, without written consent from lite Director of Purchasing uhd Contract
11.NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As pan of this contract for sale Seller Management.Should consent bu given,tc Contractor shall insure the Subcontractor or shall provide prool'on
agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement insurance from the Subcontractor Ilint complies with all cc mroct Insurance requirements.
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 29.HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. (louse Bill 1295,adopted by the 84th
event shall Buyer be liable to Seller for indennif citiom in the event that Seller is sued on ilia grounds of Legislature,created§2252.908,Texas Government Cade.Section 2252.908 requires a business maity entering
infringement of the like. If Seller is of th,opinion Ism an infringement or the like will result,he will notify the into certain contracts wilh it governmental entity or state agency to file with tine governmental entity or sunt
Buyer to this effect in writing within two weeks oiler ilia signing ofthis agreement. If Buyer does not receive nguncy a disclosure of interested parties at ilia titna the business muity submits the signed contact n she
notice and is subsequunlly held liable for the infringement or the like.Seller will save Buyer harmless. If governmental entity or stile agency. Instoctions for completing Form 1295 are mailable at:
Seller in good faith ascertains the production of tlhe goods in accordance with the specifications will result in lilt±a/wvvvv.ci.lubbeck.tx.us/d,Vannhental-websiteshle,rp 'm Dsinefva•pillar-inl'nrmtatiom
infringement or the like,the contract stall be cul[mid void. 30.CONrrRAC`fOR ACKNOWLEDGES.by supplying any Goods or Services thin ilia Contractor has read,
12.NON APPROPRIATION.All funds for payment by the City under this contact are subject to the fully understands,mid will be in full compliance with all terns and conditions and the descriptive material
availability arms annual appropriation for this purpose by the City. In the event of nonapproprialion of funds containud herein and any additional associated docunhents and Amendments.Tha City disclaims tiny terns and
by the City Council ofthe City or Lubbock for the goods or services provided under the contract,Us,City will condition provided by ilia Contactor unless agreed upon in writing by the parties. In to event of counict
tum»nate the contract.without termination charge or other liability,on ilia lost day of the than-current fiscal between these terms mut conditions and any terms and conditions provided by the Contractor,the terns and
year or when the appropriation made for the then-curraus year for the goods or services covered by this contact condition provided hmcin shall prevail. The hems 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 tike parties,tad any prior conflicting terms shall be of no force or affect.
contract,cancellation shall be accepted by the Seller an thirty(30)days prior written notice,but failure to give 31.By accepting this PO,contractor acknowledges that pursuant to Section 2270.OD2,Government Cod,,(a)
such notice shall be of no effect mid the City shall not be obligntud under this contract beyond the date of 'I"his section applies only to a contract that(1)is butwemn a governmental entity mid a company with 10
termination. orrtare fill-time employees;and (2)has a value of$100,000 or more that is to be paid wholly or partly
13.RIGHT OF INSPECTION. Buyer shall have the right to inspect ilia goads at delivery bafore accepting now public funds of Lite governmental entity. (b)A goveninu ial entity nay not enter into n contract with
them. a company for goods or services unless tile contract contains a written verification from Ihu company 11101
14.CANCELLATION. Buyer shall have the right to cancel for derault all or any part of ilia undelivered t:(1)does no boycott Israel;and(2)will not boycott Israel during the term of the contract..
portion of this order if Seller branches any of the terns hereof including w•ammies of Seller or if de Seller
becomes insolvent or commits acs of bankruptcy. Such right of cancellation is in addition to and not in
Rev.07119
GRAZNGERfi. Customer Quotation
To: Information
Date 08113/2019
CITY OF LUBBOCK/BUYBOARD 577-18 Customer Account Number 805867272
1625 13TH ST Grainger Quote Number 43255784
LUBBOCK TX 79401-3830 Customer Job Number
Contract Number
Grainger Representative Chris Glenn
Phone Number
Fax Number
Email
Grainger Tax ID 36-1150280
Item Description Cat. Qty $ Ext. Start Exp.
Manufacturer Name&Model Pg.# Quote Price Date Date
33X178 Full Face 169 338.35' 57,181.15 ---- ----
Respirator,Threaded,L
AVON PROTECTION SYSTEMS
70501-187
Country of Origin: Multiple
33X211 Clear Outsert Assembly,For 169 49.88* 8,429.72 ---- ----
050
AVON PROTECTION SYSTEMS
70501-156
Country of Origin: Multiple
35ZU82 Filter,CN,CS, 43 165.32* 7,108.76 ---- ----
P100,Threaded,PK4
AVON PROTECTION SYSTEMS
CTCF50
Country of Origin: USA
Total$ 72,719.63
*Price quoted is either your earned price or contract price. This price may be subject to change without notice.
All orders are subject to the terms and conditions in your current contract with Grainger or to Grainger's current Terms of Sale as set forth on
Grainger.com
Thank You!
Visit us at grainger.com
Page 1 /1
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
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-527066
Grainger
Lubbock,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 080 812019
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#10022184
Full Face Respirator Gas Mask.
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party.
1771
X
6 UNSWORN DECLARATION
My name is C r S C f c n and my date of birth is_/ - ,
My address is SGS. j= `��� J/� ��J �c:C' �C j`�G'L/ 5
(street) (city) (state) (zip code) (country)
1 declare under penalty of perjury that the foregoing is true and correct. f
Executed in �—c,;_ �)�� G�C County, State of /E� l S on the—SI—day of tl 1-1,1.--,20�,
(mcath) (year)
--Signature of authorize gent of, ontracting business entity
(Declarant)
Forms provided by Texas Ethics Commission vwvw.ethics.state.tx.us Version V1.1.39f8039c
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
10f1
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
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-527066
Grainger
Lubbock,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/0812019
being filed.
City of Lubbock Date Acknowledged:
08108!2019
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#10022164
Full Face Respirator Gas Mask.
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (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 V1.1.39f8039c