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Home My WebLink AboutResolution - 2020-R0014 - PO With Daco Fire Safety - 01/14/2020 I Resolution No. 2020-R0014 Item No. 6.25 January 14, 2020 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. 10022586 for the purchase of Bunker Gear as per BuyBoard 524-17, by and between the City of Lubbock and Daco Fire Safety Equipment of Lubbock, Texas, 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 January 14, 2020 DANIEL M. POPE, MAYOR ATTEST: I Rebe ca Garza, City Sec et f APPROVED AS TO CONTENT: Shaun Fogerson, ire ief i APPROVED AS TO O7 RM: Johns ace; '`ssistant �,l`y Attorney ccdocs/ E .-PurchascOrd 10022586 Bunker Gear Deeem,er l 8,2019 1 t ` City of Page - I Lubbock PURCHASE ORDER Date - 12117/2019 T E x A s Order Number 10022586 000 OP Branch/Plant 5619 TO: DACO FIRE SAFETY EQUIPMENT SHIP TO: CITY OF LUBBOCK PO BOX 5006 CENTRAL FIRE STATION COMPLE 201 AVE R TIM DUNCAN LUBBOCK TX 79456 LUBBOCK TX 79401 INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAVABLE P.O.BOX 2000 LUBBOCK,TX 79457 Marta 1lvarez,Director of Purchasing R Contract Ivlanagemcnt Ordered 12/17/2019 Freight Requested 2/28/2020 Taken By J MONTES Delivery R SALAZAR REQ 54856 BUY BOARD 524-17/PUR 15105 Description/Supplier Item Ordered Unit Cost UM Extension Request Date LIOCVFM Coat 52.000 1,393.0000 EA 72,436.00 2/28/2020 LIOCVHM Pant 52.000 937.0000 EA 48,724.00 2/28/2020 Stay Safe Warranty 104.000 59.2000 EA 6,156.80 2/28/2020 __. Total Order Terms NET 30 DAYS 127,316.80 This purchase order encumbers funds in the amount of$127,316.80 awarded to Daco Fire Safety Equipment of Lubbock, TX, on January 14 ,2020. The following is incorporated into and made part of this purchase order by reference: Quote 6621 from Daco Fire Safety Equipment of Lubbock,TX, dated December 4, 2019, & BuyBoard Contract 524-17 Resolution # 2020=ROn 1 a CITY OF LUBBOCK ATTEST: Daniel M. Pope, Mayor RebeGarza, City Secre ry PURCHASE ORDER TERMS AND CONDITIONS IMPORTANT:READ CAREFULLY STANDARD TERMS AND CONDITIONS Seller and Buyer agree as CITY OF LUBBOCK,TX follows: I.SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. lieu of any other remedies which Buycr may have in law er equity. Each shipping container shall be clearly and permanently narked as follows (a) Seller's name and address, (b)Consignee's name,address and purchase order or purchase release number and thesupply agrccment number 15.TERM[NATION,The patormance of work under this order may be terminated in whole,or in part by the ifapplicable,Cr)Container number and total number of containers,e.g.box I of 4 boxes,and(d)the number Buyer in accordance with this provision Termination of work hereunder shall be effected by the delivery of the container bearing the packing slip.Seller shall bear cost of packaging unless otherwise provided. Goods of the Seller of a-Notice of Termination"specifying the extent to whirh 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 effective. Such right or terminal ion is carriers and any applicable spccifteat ions. Buyer's count or weight shall be final and conclusive on shipments in addition to and not in lieu of the rights of Buyer set forth in Clause 14,herein. not accompanied by packing lists. 16.FORCE MAJEURF. 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 of any 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 lading will operate n a tender ofgoods. party whose performance is intcrlcred with,and which by the exercise of reasonable diligence said parry is unable to prevent. 3.TITLE AND RISK lee LOSS. The lithe and risk of lass of the goods shall not pass to Buyer until Buyer 17.ASSIGNMENT-DELEGATION. No right or interest in this contract shall be assigned or delegation of actually receives and takes possession of the goods at the point or points oFdelivery•, S y y any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or 4.NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply delegation by Seller shall he wholly void and totally ineffective for all purpose unless made in confomitvrvith with all provisions of this contract as;to time of delivery,quality and the like. Ira lender is made which does not this paragraph. fully conform,this shall constitute a breach and Seller shall not have the right to substitute a confaming tender, provided,where the time for performance has not vet expired.the Seller may reasonably notify Bu)er of his 18.WAIVER, No claim or right arising out of a breach of this contract can be discharged in whole or in part intention to cure and may then make a conforming tender within the contract time but not afterward. by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by 5.INVOICES S PAYMENTS.a.5 rl ler shatl submit separate invoices,in duplicate,one each purchase comidetationand is in writing signed by the aggrieved 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. Icon ices shall be itemized and iramportat ion 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 Sellas•as pan of his bid,is intended by the parties as a final expression of their agreement and intended also be attached to the invoice. Mail To:Accounts Payablc,City of Lubbock,P,0.Box 2000,Lubbock,Texas as a complete and exclusive statement of the terms of their agreement. Whenever a tern defined by the 79457. Payment shall not be due until the above instruments arc submitted after delivery. Uni Com Commercial Code is used in this agreement,the deftnit ion contained in the Code is to control. 6.GRATUITIES. The Buyer may,by written notice to the Scllcr,cancel this contract without liability to 20.APPLICABLE LAW. This agreement shall be governed by the Unifom Commercial Code.Wherccrer Seller if it is determined by Buyer that gratuities,in the Conn of entertainment,gifts or otherwise,were offered the tem"Unifom Commercial Code"is used.it shall be consumed as meaning the Uniform Commercial or given by the Seller,or any agent or representative of the Seller,to any officer or emsployce of the City of Code n adopted in the State of Texas as of iective 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.RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question amending,or the Waking of any dctcminations with respect to the performing of such a contract. In the Brent the other party's intent to perform he may demand that the other party give written a atirmce of his intent to this contract is canceled by Bu}•cr pursuant to this prnfision.Buyer shall he entitled,in addition to amu other perform. in the event that a demand is made and no assurance is given within five(5)days.the demanding rights and remedies.to recover orw•ithhold the amount of the cost incurred by Seller in providingsuch gratuities. party may treat this failure as an anticipatory repudiation of the contras. 7.SPECIAL TOOLS S TEST EQUIPMENT. If the price stated on the lace hermf includes the cost of any 22.INDEMNIFICATION. Seller shall inde.;rify,keep and save harmless the Buyer.its agents•officials and special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, employees,against all injuries,deaths,loss.dainages,claims,patent claims,suits,liabilities,judgments,ms's such special tooling equipment and any process shoots related thereto shall become the property of the Buyer and expenses,which may in anywise accrue against the Buyer in consequence of the granting oCthis Contract and to the extent feasible shall be identified by the Seller n such. or which may anywise result therefrom,whether or not it shall be alleged or determined that the act was S.WARRANTY-PRICE.a The price to be paid by the Buyer,shall be that contained in Seller's hid caused through negligence or omission of the Seller or its employees,or of the subSeller or assignee or its which Seller warrants to be no higher than Seller's cunent process on orders by others for products of the kind employees,if any,and the Seller shall,at his own expense,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 other 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 oven expenses,satisfy and Seller's current prices an orders by others,or in the alternative. Buyer may cancel this contract without discharge the same Seller expressly understands and agrees that any bond required by this conimci.or liability to Seller for breach or Seller's actual expense.h.The Seller warrants that no person or selling agency otherwise provided by Scllcr,shall in no way limit he responsibility to indemnify,keep and save harmless las been employed or retained to solicit or secure this contract upon an agrccment or understanding for and defend the Buyer as herein provided. commission,percentage,brokerage,or contingent fee excepting bnna fide employees of bona fide established 23.TMIE. It is hereby expressly agreed and understood that time is of the essence for the perfomamce of eirrinmencial or selling agencies maintained by the Sella for the purpose of securing business. For breach of this contract,and failure by contract to meet the time specifications of this a=reenent will cause Seller to vitiation of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this be in default of this agi eement. contract without liability and to deduct from the contract price,or otherwise recover without liability and to deduct from the contract price,orotherw•ise recover the full amount oCsuch commission,percentage.brokerage 34.MBE- The CiN of Lubbock hereby notifies all bidders that in regard to any contract entered into or contingent Cee, pursuant to this request,minority and women business enterprises will be afforded equal opportunities to 9.1VARRAATY-FRQDUC7'. Sellar shall not limit or exclude any implied warrantiesand any attempt do submit bids in response to this invitation and will not be discriminated against on the grounds of race,color. v so shall render this contract voidable at the option of the Buyer. Seller warrants that the the geeds famished will sex or natural origin in consideration for an award. conform to the specification,drawings,and descriptions listed in the bid invitation•and to the sample(s)furnished 25.NON-ARBITRATION.The City reserves the right to exercise any right or remedy to it by law,contract. by the Seller,if any. In the event oCa conflict or between the specifications,drawings,arid d 5triptioru,the equity,orothcrw•ise,including without limitation,the right to seek any and all fonrks of relief in a court of specifications shall govern.Notwithstanding anv provisions contained in the contractual agreement,the Seller competent jurisdiction Further,the City shall not he subject to anyarbitration process prior to exercising represents and warrants fault-free performance and fault-free resuh in the processing date and date related data its unrestricted right to scekjudicial remedy.The remedies set forth herein are cumulative and not exclusive, (including,but not limited to calculating,comparing and sequencing)of ail hardware,sollware and frrnware and may be exercised concurrently.To the extent orally conflict between this provision and another provision 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 services 26.RIGHT TO AUDIT.At any lime during the rout of the contract,or ghereafter,the City.or a duly prowidcd by the Seller,its sub-Seller or any third party involved in the creation or development of the products authorized audit representative of the City or 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 reserves the right to audit Contractors 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 the event such an audit by the City reveals any erors or overpayments by the City, law and under this Contract including,but not limited to,its right pertaining to termination or default. The Contractor shall refund the City the full amount of such overpayments within thirty(30)days of such warranties contained herein are separate and discrete from any other warranties specified in this Contract, audit findings,or the City,at its option,reserves the right to deduct such amounts owing the City from any and are not subject to any disclaimer of warranty,implied or expressed,or limitation of the Seller's liability payments due Contractor. which may be specified in this Contract,its appendices,its schedules,its annexa or any document incorporated in this Contract by reference. 27.HOUSE BILL 2015. House Bill 2015,signed by the Governor on June lel,2013 and cffcctive an January 1.2014,authorizes a penally to be imposed on a person who contracts for certain services with a governmental 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 entity and who fails fail properly classify their workers.This applies to subcontractors n menta Contractors and event the product does not confam to OSHA standards,Buyer may return the product for correction or subcontractors who fail to properly chat has individuals performing work G under a governmental contract will be replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a Penalized 5200 for each individual that has been misclassified.(Texas Government Code Section 2 155.001). reasonable time,correction made by Buyer will be at the Seller's expense. 28.ASSIGNING OR SUBLETTING THE CONTRACT.The Contractor shall not assignor sublet the contract, or any portion of the contract,without written consent from the Director of Purchasing and Contract 11.NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As pan of this contract for sale Seller Management.Should consent be given,the Contractor shall insure the Subcontractor or shall provide proaf on agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement insurance from the Subcontractor that complies with all contract 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 goads according to the specification will not give rise to such a claim,and in no 29.HOUSE BILL 1295 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 X2252.908,Texas Government Code.Section 2252.905 requires a bueincss entity entering infringement of the like. If Srllcr is of the opinion that an infringement or the like will result,he will notify the into certain contracts with a governmental entity or state agency to file with the governmental entity or state Buyer to this effect in writing w ithin two weeks after the signing of this agreement. ]f Buyer doesnot receive agency a disclosure of interested paries at lire time the business entity submits the signed contract to the notice and is subsequently held liable for the infringement or the like,Sell will save Buyer harmless. If governmental entity or state agency. Instructions for completing Farm 1295 are available at: Seller in good faith ascertains the production of the goods in accordance with the specifications will result in htm��natcw.ci.luhhnek tx us'dapanmcntrl•w•ebsit•vest p�rtm•nt'aur•h+sing'endor infornatio t infringement or the like,the contract shall be null and void. 30.CONTRACTOR ACKNOWLEDGES,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 lamas 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 terminate the contract,without termination charge or other liability,on the Int day of ghc then-current fiscal between these terms and conditions and any terms and conditions provided by the Contractor,the tams and year or when the appropriation made for the then-current year for the goods or services covered by this contract conditions provided herein shall prevail. The terms and conditions provided herein are the final gems agreed is spent,whichever event occurs fust. 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 31.By accepting this P0,contractor acknowledges that pursuant to Section Z270.OD2,Government Code, a such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of () termination This section applies only to a contract that:(1)is between a governmental entity and a company with 10 or more full-time employees;and (2)has a value of S 100,000 or more that is to be paid wholly or partly 13.RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting from public funds of the governmental entity. (b)A governmental entity may not enter into a contract with them a company for goads or services unless the contract contains a written verification from the company that 14.CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered it:(I)does not boycott Israel;and(2)will not boycott Israel during the term of the contract.. portion of this order if Selicr breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in Rev.07!19 DACO FIRE EQUIPMENT Estimate PO BOX 5006 LUBBOCK,TX 79408 Date Estimate# 12/4/2019 6621 Name/Address Ship To LUBBOCK,CITY OF Lubbock Fire Rescue PO BOX 2000 1515 East Ursuline LUBBOCK,TX 79456 Lubbock,Texas 79403 Terms Rep FOB Nei 30 GD Item Description Qty Rate Total LIOCVFM V-FORCE COAT,32",RED ZONE GARMENT, 52 1,393.00 72,436.00 ISO-DRI C7 CROSSTECH CENTER CUT LINER SYSTEM LIOPVHM V-FORCE PANT,HIGH-BACK,MALE,RED ZONE 52 937.00 48,724.00 GARMENT,ISO-DRI C7 CROSSTECH CENTER CUT LINER SYSTEM LIOSTAYSAFE STAY SAFE 104 59.20 6,156.80 BUYBOARD CONTRACT#524-17 Subtotal $127,316.80 Sales Tax (0.0%) $0.00 Total 5127,316.80 Phone: 800.695.2919 Email: � info@buyboard.corrr Cooperaflra PurchasJng Welcome Jessie(Log Administration RFQ Reports Shopping Cart Help Off] Vendor Contract Information Searches: Vendor Name: Daco Fire Equipment Search by Vendor Address: 6000 Huddleston St. Besse Contracts Fart Worth,TX 76137 Phone Number: (817)281-4172 Email: wesley@dacofire.com Search: Website: htto:llvnrrw.daccfire.com Federal ID: 75.2794244 All Contact: Wesley Dobmeier 0 Vendor Discounts Only Accepts RFQs: Yes 0 Calalog Pricing Only Minority Owned: No Women Owned: No Refine Your Search: Service-Disabled Veteran Owned: No Vendors EDGAR Forms Received: Yes Daco Fire Equipment[X) No Israel Boycott Certificate: Yes Price Range No Excluded Foreign Terrorist Orgs: Yes Shaw all prices Category Contract Name: Public Safety and Firehouse Supplies and Equipment None Selected Contract#: 524-17 Contract Effective Date: 0410112017 Public Safety and Firehouse Expiration Date: 0313112020 Supplies and Equipment(X) Payment Terms: Net 30 days Delivery Days: 30 Shipping Terms: Pre-paid and added to invoice Freight Terms: FOB Destination Ship Via: Common Carrier Additional Resources Region Served: All Texas Regions States Served: Oklahoma,Texas Contract Exceptions: Daco Fire Equipment is not an authorized Genesis dealer,and cannot provide System items. Additional Info: EDGAR Vendor Certification Form(relating to 2 CFR Part 200&Appendix II)is Vendor response document,and can be found in the Vendor Proposal File link page.Vendor Certification form regarding Texas HB 89 and Texas SB 252 can "Vendor Proposal Files Documents"link below. Quote Reference Number: 524.17 Return Policy: Returns are evaluated and subject to restocking fee Additional Dealers: Daco Fire Equipment,Haltom City TX;Artesia Fire Equipment,Artesia NM Contract Documents EDGAR Notice: Click to view EDGAR Notice Proposal Documents: Click to view Bu2Board Proposal Documents Regulatory Notice: Click to view Bonding Regulatory Notice Proposal Files: Click to view Vendor Proposal Files Documents Renewal Notice/Letter: Click to view Vendor Renewal Noticell-etter Documents Contact us 800.695.2919