HomeMy WebLinkAboutResolution - 2020-R0116 - PO With Daco Fire Safety Equipment - 03/24/2020 Resolution No. 2020-RO116
Item No. 7.22
March 24, 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. 10022929 for the purchase of
Bunker Gear as per ITB 20-15196-JM, 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 Marrh 11
DANII1. M. POPE, MAYOR
ATTEST:
Rebe ca Garza, City Sect taffy
APPROVED AS TO CONTENT:
(;� -,-7_ D 31d 3/�.0 zv
Shaun ogerson, Fir- 'hie �—
APPROVED AS TO O i
John (11" 'e, - S' S do Ct t tto' ey
ccdo s ZES.-)ur• aseOrd 19 _2929 - Daco Fire Safety Equipment
Marc 12,2020
r Page - 1
�-_ City of
Lubbock PURCHASE ORDER Date - 3/2/2020
TEXAS Order Number 10022929 000 OP
Branch/Plant 5619
l n DACO FIRE SAFETY EQUIPMENT SHIP TO: CITY OF LUBBOCK
PO BOX 5006 CENTRAL FIRE STATION COMPLEX
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 Al ,Director of Purchasing&Contract Management
Ordered 3/2/2020 Freight .
Requested 4/2/2020 Taken By J MONTES
Delivery R SALAZAR REQ 55201 CONTRACT 15196
Description/Supplier Item Ordered Unit Cost UM Extension Request Date
LIOCVFM Coat 10.000 1,393.0000 EA 13,930.00 4/2/2020
LIOCVHM Pant 10.000 937.0000 EA 9,370.00 4/2/2020
Stay Safe Warranty 10.000 129.0000 EA 1,290.00 4/2/2020
Total Order
Terms NET 30 DAYS 24,590.00
The blanket purchase order contract for Bunker Gear is awarded to Daco Fire Safety Equipment of Lubbock,TX,for$100,000.The blanket
purchase order contract is awarded by the unit price.This award is based on estimated quantities and actual expenditures which may be more
or less depending on the actual need.The contract shall be for a term of one year,with the option of four,one-year extensions,said date of
term beginning upon formal approval. .The following are made a pail of this purchase order by reference:Bid dated February 25,2020,
submitted by Daco Fire Safety Equipment of Lubbock,TX 2020 n n 116
CITY OF LUBBOCK ATTEST:
Daniel M.Pope,Mayor Rebecc t
rza,City Secretary
BID FORM
City of Lubbock,TX
Purchasing and Contract Management
Bunker Gear
ITB No.20-15196-JM
In compliance with the Invitation to Bid 20-15196-JM,the undersigned Bidder having examined the Invitation to Bid and
Specifications,and being familiar with the conditions to be met,hereby submits the following Bid for furnishing the material,
equipment,labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations
and for the prices set forth on this form. A bid will be subject to being considered irregular and may be rejected if it shows
omissions, alterations of form,conditional alternate bids, additions or alternates in lieu of the items specified,if the unit
prices are obviously unbalanced(either in excess of or below reasonably expected values),or irregularities of any kind.The
Invitation to Bid 20-15196-JM is by reference incorporated in this contract.The Bid Form must be completed in blue or
black ink or by typewriter.
ITEM (QTY+/-) UOM UNIT PRICE* EXTENDED **Delivery
(a} DESCRIPTION (b) a x b COST days ARO
LIOCV FM
1 10 EA Description:V-Force coat,Red Zone gannent,
Iso-dri C7 Crosstech center cut liner system $1,393.00 $13,930.00
WOPVHM
Description:V-Force pant,high back,red
2 10 EA zone garment,Iso-dri C7 Crosstech center cut
liner system
$937.00 $9,370.00
LIOSTAYSAFE
3 to EA Description:Stay Safe
: 129.00 $1,290.00
Total(Items 1-3) 5 24,590.00
*PRICE:F.O.B.Destination,Freight Pre-Paid and Allowed **Days After Receipt of Order(ARO)
Unless otherwise specified herein,the City may award the bid either item-by—item or on an all-or-none basis for any
item or group of items shown on the bid.
The City of Lubbock is seeking a contract for with one or more contractors.In order to assure adequate coverage,the
City may make multiple awards,selecting multiple vendors to provide the products desired,if multiple awards are in
the best interest of the City.A decision to make a multiple award of this Bid,however,is an option reserved by the
City,based on the needs of the City.
PAYMENT TERMS AND DISCOUNTS-Bidder offers a prompt payment discount of 0 %,net 3_0mlendar days.
Discounts will not be considered in determining low bid. Unless otherwise indicated on the Bid Form,payment terms will
be NET THIRTY DAYS.The City will pay the successful bidder within thirty days after the receipt of a correct invoice or
after the date of acceptance, whichever event occurs later. Discounts for prompt payment requiring payment by the City
within a stipulated number of days will be interpreted as applying within the stipulated number of calendar days after the date
of receipt by the City of a correct invoice or after the date of acceptance that meets contract requirements,whichever event
occurs later. Discounts for payment in less than ten days will not be considered.
MOST FAVORED PRICING:The Bidder certifies that the price quoted is not in excess of the lowest price charged anyone
else,including its most favored customer,for like quality and quantity of the products/services;does not include an element
of profit on the sale in excess of that normally obtained by the Bidder on the sale of products/services of like quality and
quantity; and does not include any provision for discounts to selling agents. If at any time during the contract period,the
supplier should sell or offer for sale to any other customer,an equal or less quantity of similar contract products of like or
better quality,at a lower net price(s)than provided herein,supplier agrees to notify the City and sell same product(s)at the
lower price(s)on all deliveries made during the period in which such lower price(s)is effective.
Rev.112020 PURCHASE ORDER
TERMS AND CONDITIONS
Seller and Buyer agree as IMPORTANT:READ CAREFULLY
follows: STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK,TX
I.SELLER TO PACKAGE GOODS. Seller will package goads in accordance with good commercial practice. 16.FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fiulfullment
Each shipping contains shall be clearly and permanently marked as follows (a) Seller's name and address, of any terms of provisions of this contract is delayed or prevented by any cause not within the control of the
(b)Consignees name,address and purchase order or purchase release numbs and the supply agreement numbs ply whose performance is interfered with,and which by[lie exercise of reasonable diligence said parry is
ifapplicable,(c)Contains numbs and total numbs of containers,e.g.box I of 4 boxes,and(d)the numbs unable to prevent.
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 mnflmn with requirements of conutron 17.ASSIGNMENT-DELEGATION. No right or interest in this contract shall be assigned or delegation of
carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or
not accompanied bypacking lists, delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformitywith
2.SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under this paraSnaph-
reservation and no tender of a bill of lading will operate as a tender ofgoods. 18.WAIVER. No clainh or right arising out of a breach of this contract can be discharged in whole or in pan
3.TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer by a waiver or renunciation of the claim or right unless ilia waiver or renunciation is supported by
actually receives and takes possession of the goods at the point or points of delivery. coasidcmlion and is in writing signed by the aggrieved party.
4.NO REPLACEMENT OF DEFECTIVE TENDER. Every tends of delivery of goods must fully comply
with all provisions of this contract as to time of delivery,quality and the like. If a tender is made which docs 19. INTERPRETATION-PAROLE EVIDENCE. This writing, plus any specifications for bids and
not fully conform,this shall constitute a breach and Seiler shall not have the right to substitute a conforming performance provided by Buyer in its advcniscmcnt for bids, and any other documents provided by
tender,provided,where the time for performance has not yet expired,the Sclls may reasonably notify Buyer Seller as part of his bid,is intended by the parties as a final expression of their agreement and intended also
Of his intention to cure and tiny then make a conforming tender within the contract time but not afterward. as a complete and exclusive statement of the tents of their agrccmcnt. Whenever a term defined by the
Uniform Commercial Code is used in this agreement,the definition contained in the Code is to control.
5.INVOICES&PAYMENTS.a S e I I e r shall submit separate invoices,in duplicate,one each purchase
order or purchase release ofier each delivery. Invoices shall indicate the purchase order or purchase release 20.APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code,WhcTmvcr
number and the supply agreement numbs if applicable. Invoices shall be itemized and transportation charges, the rein"Uniform Commercial Code"is used,it shall be construed as meaning the Uniform Commercial
if anv,shall be listed separately. A copy of the bill of lading,and the freight waybill when applicable,should Code as adopted in the State of Texas as effective and in force on the date of this agrccmcnt.
be attached to the invoice. Mail To:Accounts Payable,City of Lubbock,P.0.Box 2000,Lubbock,Texas 21.RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question
79457. Payment shall not be due until the above instruments arc submitted aRcr delivery. the other party's intent to perform he may demand that the other party give written assurance of his intent to
6.GRATUITIES. The Buyer may,by written notice to the Seller,cancel this contract without liability to perform. In the event that a demand is made and no assurance is given within five(5)days,the demanding
Seller if it is determined by Buyer that gratuities,in the form of entertainment,gifts or otherwise,were offered party may treat this failure as an anticipatory repudiation of the contract.
or given by the Seller,or any agent or representative of the Seller,to any officer or employee of the City of 22.INDEMNIFICATION. Seller shall indemnify,keep and save harmless tike Buyer,its agents,officials and
Lubbock with a vices to securing a contract or securing favonblc treatment with respect to the awarding or employees,against all injuries,deaths,loss,damages,claims,patent claims,suits,liabilities,judgments,costs
amending,or the making army determinations with respect to the performing of such a contract. In the crit and expenses,which may in anywise accrue against the Buyer inconsequence of the granting of this Contract
this contract is canceled by Buyer pursuant to this provision,Buyer shall be entitled,in addition to any other or which may anywise result therefrom,whether or not it shall be alleged or determined that the act was
rights and remedies,to recoveror withhold the amount of the cost incur edb-v Seller in providing such gratuities. caused dwough negligence or emission of the Seller or its amployees,or of the subSeller or assignee or its
7.SPECIAL TOOLS&TEST EQUIPMENT. If the price staled on the face hereof includes the cost of any employees,if any,and the Seller shall,at his awn expense,appear,derend and pay all charges of attorneys
special tooling or special test equipment fabricated or squired by Seller for the purpose of Filling this order, and all costs and other expenses arising therefrom of incurred in connection therewith,and,if anv judgment
such special tooling equipment and any process sheets related thereto shall become ilia property of the Buyer shall be rendered against the Buyer in any such action,the Seller shall,at its own expenses,satisfy and
and to ilia extent feasible shall be identified by the Scllcr as such. discharge the sante Sells expressly understands and agrees that any bond required by this contract,or
otherwise provided by Seller,shall in no stay limit the responsibility to indemnify,keep and save harmless
S.WARRANTY-PRICE.a. The price to be paid by the Buyer shall be that contained in Seller's bid and defend the Buyer as herein provided.
which Sclls warrants to be no highs than Seller's current process on orders by others for products of the kind '
and specification covered by this aaremuent for similar quantities under similar of like conditions and methods 23.TLME. It is hereby expressly agreed and understood that time is of the essence for the performance of
of purchase. In the event Sells breaches this warranty,the pricy of the items shall be reduced to the this contract,and failure by contract to meet the time specifications of this agreement will cause Seller to
Seller's current prices on orders by others,or in the alternative. Buyer may cancel this contract without be in default of this agreement.
liability to Seller for breach or Seller's actual expense.b.The Sella warrants that no person or selling akmcy 24.MBC. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into
has been employed or retained to solicit or secure this contract upon an agreement or understanding for pursuant to this request,minority and women business enterprises will be afforded equal opportunities to
commission,percentage,brokerage,or contingent fee excepting bens fide employees of bona fide established submit bids in response to this invitation and will not be discriminated against on the grounds of ncc.color,
commercial or selling agencies maintained by the Sells for the purpose of securing business. For breach of sex or natural origin in consideration for an award.
viciat ion of this warranty the Buyer shall have the right in addition to any other right of rights to cancel this 25.NON-ARBITRATION.The City reserves the right to exercise any right or remedy to it by law,contract,
contract without liability and to deduct from the contract price,or otherwise recover without liability and to equity,or othemise,including without limitation,the right to sack any and all forms of relief in a eoun of
deduct from the contract price,or otherwise recoverthe full amount of such commission,percentage,brokerage competent jurisdiction.Further,the City shall not be subject to any arbitration process prior to exercising
or contingent fee. its unrestricted right to seek judicial remedy.The remedies set forth herein are cumulative and not exclusive,
9.WARRANTY-PRODUCT. Seller shall not limit or exclude any implied war antics and any attempt to do and may be exercised concurrently.To the extent orally conflict between this provision and another provision
so shall render this contract voidable at tine option of the Buyer. Sells warrants that the goods furnished will in,orrelated to,this document,this provision shall central.
conform to the specification,drawings,and descriptions listed in the bid imitation,mid to the sample(s)furnished 26,RIGHT TO AUDIT.At any timc during the term of the contract,or thercafler,the City,or a duly
by the Scllcr,if any, In the event of a conflict or bclwscn the specifications,drawings,and descriptions,the authorized audit representative of the City or the State of Texas,at its expense and at reasonable lima,
specifications shall govern.Notwithstanding any provisions contained in the contractual agreement.the Seller reserves the right to audit Contractor's records and books relevant to all services provided to the City under
represents and warrants fault-free performance and fault-free result in the processing date and date related data this Contract. In the event such an audit by ilia City reseals any errors or overpayments by the City,
(including,but not limited to calculating,comparing and sequencing)of all hardware,software and firmware Contractor shall refund the City the full amount of such overpayments within thirty(30)days of such
products delivered and services provided under this Contract,individually or in combination,as the case may audit findings,or the City,at its option,reserves the right to deduct such amounts owing the City from any
be from the effective date of this Contract The obligations contained herein apply to products and services payments due Contractor.
pmvided by the Seiler,its sub-Seller or any third party involved in the creation or development of ilhe products 27.HOUSE BILL 2015. House Bill 2015,signed by the Governor on June 14,2013 and effective on January
and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the 1,2014,authonzas a penalty to be imposed on a person who contracts for certain services with a governmental
obligations contained herein,may result in the City of Lubbock availing itself of any of its rights under tike entity and who fails to properly classify their workers.This applies to subcontractors as well.Contractors and
law and under this Contract including,but not limited to,its right pertaining to termination or default. The subcontractors who fail to properly classify individuals performing work under a governmental contract will b,_-
warranties
ewarranties contained herein are separate and discrete from any other warranlics specified in this Contract, penalized 5200 for eaclh individual that has been misclassified.(Texas Go%trnmcni Code Section 2155.001).
and are not subject to any disclaims of warranty,implied or expressed,or limitation of the Seller's liability 28.ASSIGNING OR SUBLETTING THE CONTRACT.The Conlnclorshall not assign orsublet the contract,
which may be specified in this Contract,its appendices,its schedules,its annexes or any document incorporated or any portion or the contract,without written consent from the Director of Purchasing and Contract
in this Contract by reference. Management.Should consent be given,the Contractor shall insure the Subcontractor or shall provide proofon
insurance from the Subcontractor that complies with all contract Insurance requirements.
10.SAFETY WARRANTY. Sells warrants that the product sold to the Buyer shall conform to the standards 29.HOUSE BILL 1295 DISCLOSURE OF INTERESTED PARTIES. House Bill 1295,adopted by the 841h
promulgated by the U.S.Department of Labor under the Occupational Safety and Health Act of 1970. In the Legislature,created§2252.908,Texas Government Cod,Section 2252.908 requires a business entity entering
even)the product does not conform to OSHA standards,Buyer may return the product for correction or into certain contracts with a governmental entity or state agency to file with the governmental entity or state
replacement at the Seller's expense. In the event Seller fails to retake the appropriate correction within a agency a disclosure of interested parries at the time the business entity submits tine signed contract to the
reasonable time,correction made by Buyer will be at the Seller's expenses governmental entity or state agency. Instructions for completing Form 1295 are available at:
11.NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As pan of this contract for sale Sells lilt •la hvwve'.ci.lubbnck.lx.ustdenatLncnlal-w ebsilvs dctuuunems nrnhacinc'vcndor-infnmation
agrees to ascertain whethergoods manufactured in accordance with thespecifications attached to this agreement 30.CONTRACTOR ACKNOWLEDGES,by supplying any Goods or Services that the Contractor las read.
will give rise to the rightful claim of any third person by sway of infringement of the like. Buyer retakes no fully understands,and will be in full compliance with all terms and conditions and the descriptive material
warranty that the production ofgoods according to the specification will not give rise 10 such a claim,and in no contained herein and any additional associated documents and Amendments.The City disclaims any terms and
event shall Buyer be liable to Seller for indemnification in the event that Seller is sued on the grounds of conditions provided by the Contractor unless agreed upon in writing by the parties. In the event of conflict
infringement of the like. If Seller is of the opinion that an infringement or the like will result,he will notify the bcmvcon these tams and conditions and any terms and conditions provided by the Contractor,the terms and
Buyer to this effect in writing within two weeks after the signing ofthis agreement. If Buyer does not receive conditions provided herein slull prevail. The terms and conditions provided herein arc the final terms agreed
notice and is subsequently held liable for the infringement or the like,Sells will save Buys harmless. If upon by ilia parties,and any prior conflicting terms shall be of no former effect.
Sells in good faith ascertains the production of the goods in accordance with the specifications will result in 31.HB 89 The Contractor warrants that it complies with Chapter 2270.001 of the Texas Government Cede by
infringement or the like,the contract shall be mill and void. verifying that:(1) The Contractor does not boycott Israel;and(2) The Contractor will not boycott Israel
12.NON APPROPRIATION.All funds for payment by the City under this contract arc subject to the during thetrnnoCthe Agreement.
availability of an annual appropriation for this purpose by like City. In the event of nonappropriation of funds 32.Tire Contractor(i)does not engage in business with Iran.Sudan or any foreign terrorist organization and
by the City Council of the City of Lubbock for the goads or services provided under the contract,the City will (ii)it is not listed by the Texas Comptroller under Section 2252.153,Texas Government Code,as a
terminate the contract,without termination 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 company known to have contracts with or provide supplies or services to a foreign terrorist organization.
is spent,whichever event occurs first. If at any time fiends arc not appropriated for the continuance of this 33.TEXAS PUBLIC INTORMATION ACT.The requirements of Subchapter 1,Chapter 552,Government
contract,cancellation shall be accepted by the Seller on thirty(30)days prior written notice,but failure 10 give Code,may apply to this contract and the contractor or vendor agrees that(lie contract can be tsminaled if the
such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of contractor or vendor knowingly or intentionally fails to comply with a requirement of that subehapter.
Lamination. 34.Pursuant to Section 552-234(c)of ilhe Texas Government Code,the City of Lubbock has designated the
13.RIGHT OF INSPECTION. Buyer shall have the right to inspect ilia goads at delivery before accepting following email address for which public information requests may he[Wade by an entailed request:
them ramie nwlubbnckus.Pleasc send this request to this email address for it to be processed.
14.CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undclivered
portion of this order if Sells breaches any of the terns hereof including w arranlies of Sella or if the Sella
becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in
lieu orally other remedies which Buyer may have in lase or equity.
15.TERMINATION.The psformanccofwork under this order maybe terminated in whole,or in pa n by the
Buyer in accordance with this provision. Temnination of work hereunder shall be effected by(lie delivery
of the Sells of a"Notice of Temninalion'specifying the extent to which psfororimm 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 in lieu of the rights of Buys set forth in Clause 14,herein.
REV.1 2020
CERTIFICATE OF INTERESTED PARTIES
FORM 1.295
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. 2020-599050
Daco Fire Equipment
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 is03/16/2020
being filed.
City of Lubbock Date Acknowledged:
03/16/2020
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.
ITB20-15196-JM
BUNKER GEAR
Nature of interest
4 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 1 ,
(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 V1.1.3a6aaf7d
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loft
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. 2020-599050
Daco Fire Equipment
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 03116;2020
being filed.
City of Lubbock Date Acknowledged.
3 Providethe 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
ITB20-15196-J M
BUNKER GEAR
Nature of interest
a
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. F
6 UNSWORN D CLARATION
My name is and my date of birth is;
My address is Zo
(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 VaVzed agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d