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HomeMy WebLinkAboutResolution - 2014-R0291 - PO - Daco Fire Safety Equipment - SCBA Cylinders - 08/28/2014RESOLUTION BE IT RESOLVED BY TI IE CITY COUNCIL OFTI IE CITY O1' LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authoriacd and directed to execute for and on behalf of the City of Lubbock, Purchase Order No. 10017242 by and between the City of Lubbock and Daco Fire Safety Equipment for SCBA Cylinders per Buy Board 432-13, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as If fully set forth hcrcin and shall be included in the minutes of the City Council. Passed by the City Council on Auvaust 28.2014 ATTEST: P Z�4�� Reb ca Garza, City Secreta APPROVED AS TO CONTENT: Mike Kemp, Fire Chief Assistant City Attorney vwxcdocs/RES.Daco Fire-Purchaseord August 12, 2014 City of " Lubbbck PURCHASE ORDER rtxas { t. DACO %IRE SAFETY EQUIPMENT 201 AVENUE R P.O. BOX 5006 LUBBOCK Texas 79408 5006 Page - I Date - 08/12/2014 Order Number 10012242 000 OP Branch/Plant 5619 SHIP TO: CITY OF LUBBOCK CENTRAL FIRE STATION RAULSALAZAR 1515 EAST URSULINE LUBBOCK Texas 79401 1NVOICETO: CITY OF LUBBOCK ACCOUNTS PAYABLE P.U. Box 2000 LUBBOCK, Tx 79457 BY: Marta Alvarez. Di )roJ'Purchasing& Contract Management Ordered 08/07/2014 Freight Requested 08129/2014 Taken By Delivery PER R SALAZAR REQ 43797 Description/Supplier Item Cylinder & Valve Assy (NxG), Carkm, 4500 PSI, 30 hlln 4.5-60 Min Carb CYL & VLV NXG 'Perms NET 30 DAYS K SHEPHERD BUYSOARD 432-13 Ordered Unit Cost UM Extension Request Tate 100.000 649.5000 EA 64,950.00 08/29/2014 5.000 993.0000 EA 4,965.00 08129/2014 TotalOrder 69,915.00 This purchase order encumbers funds in the amount of $69,915.00 awarded to Daco Fire Safety Equipment of Lubbock, Texas, on August 28, 2014. The following is incorporated into and made part of this purchase order by reference: Price quotation dated August 12, 2014, from Daco Fire Safety Equipment of Lubbock, Texas. Resolution # CITY OF LUBB0eK— ATTEST: C1 _ Glcn C: Rrrtson, MJycrr Rebeceratza, City Secretary TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARDTERCNS AND CONDITIONS CITY OF LUBBOCH,TE%AS Seller and Buyer agree u fonaws: 1. SELLER TO PACKAGE GOODS. Sella will package goods in accordance with good cauortaeial preaha. Each shipping container shall be dart' and pen tmently marked as follows (a) Sellers came and address. (b) Conslgrce s name, address and purchase order or purdma release manber and The supply agreement number ifapplicable. (c) Conainer nhmhI and totsll mother of eamames, eg- boa I of 4 boxes, and (d) the number of die aontiner bearing the packing slip Sella shall bar cast of padugiag unless otherwise prodded. Goods shall be ads* packed to sawn loadat tramponatiat costs and to conform with requirmrmts of common alien and any applicable spaiiiaatbns. Buyer's count or weight stall be Real and condualve an shipments unit aocompanledby packing Rats. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Sella is not authorized to ship the pods wderteservatlanand no teadaof s bill of lading will operateas a tecdaof goods, 3. TITLE AND RISK OF LOSS. The tide and risk of loss of the goods dull not paw to Buyer unfit Buyer actually receives and takes possession of the goods at tho point or paints of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply with all previsions of this contract as to done of ddiveay, quality and the lika Ifs tads b made which does not fully oonfamt this shall constitute a breath and Sella shall hal have the right to substitute a confarrnmg tads. providej where the time for pafomahhco has not yet expired, the Sella may reasonably ootily Buyer of his imamiao to ctac and may dem make a coofaeming tmda within the watact time batratafterward. 3. INVOICES R PAYMENTS. a. Sella shall submit septaes !melees, in dupliam, one each Purchase order or purchase rd asa after cub delivery. Invoices shun Indiana she Purchase order or purchase release mother and the supply agreement mtnba if applicabla Invoices shall be homized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, sad the freight waybill when applicable, should be studied to rite invaim Mail TO. Accounts payable, City of Lubbock. P. 0. Box 2000, Lubbock, Texas 79457. Paymau shall not be due until the above i nsmumentsare submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, canal this contrast without liability to Sella If it is determined by Buyer that gratuities, in the form of mtaainmmt. gifts or otherwise, were offered of given by the Sella, or any agent or representative of the Seller, to any officer or employee of th c City of Lubbock with a view to seating a contact or seauitg favorable tratmhaut whh respect to the awarding or arwrdmg, or the mikeg of any darn inuionn with tape, to the performing of arra a commus. In she event this contract as canceled by Buyer pursuant to dos provision. Byer shall be entitled, in addition to any other right and retodia, to recover or withheld the arrcwt of the cost Incurred by Sella in providing such grandtin 7. SPECIAL TOOLS $ TEST EQUIPMENT. If the price stated an the two baeof include the con of any spacial touling or special tat cq dpa<aa fabricated or requind by Sella for the purpose of filling this order, such special tooling equipment and any procas sharp related thereto shall become the property of the Buyer and to the extaat feasibleshall bo idemillol by Oar Sella as suck 8. WARRANTY -PRICE. a The price to be paid by the Buyer shall be this contained In Seta's bid which Seller warrants to be no higher than Sella's arras proccss on orders by others; for products of the kind ud specifiation covaed by this agreement for similar quantities under similar of like conditions and methods of purchase. to the event Sella breaches this warranty, the prices of the items shall be reduced to the Seta's wmmt prion on orders by otters, or In the shemadve. Byer may cancel this camtra, without liability to Sella for bract or Sella's actual expense b. The Sella wanams that no person or idling agency has been employed or retained to solidt or same this comma, upon an sgrearxts or udesstandiag for commission, paoamge. bmkersge, at oatuxgmt fee excepting baro fide employees of bons lie estabtishod commercial or idling agenda maintained by the Sellerforrhe papote of is wbV bmahuess. For brach of vidaion of this was ity tin Byer shall have the right in addition to any other right of rights to aped this exam without liability and to deduct from the eontut prim or otherwise recover without hiabdity and to deduct Ran the caetact prig, or otherwise recoverthe full amount of sock caremissim peroamage, brdkaagoa contingent fee. 9. WARRANTY -PRODUCT. Sella shall not limit or exclude any Implied warranties and any attempt to do so shall render this contract voidable at the option of the Byer. Sella wasatts that the goods flrm6bod will conform to the specification, drawings, and descriptions fisted in the Md Invitation, and to that samples) fumisbed by the Seller. Irony. In the event of n conflict or between the specifications. drawings. and descriptions, the specifications shall govem. Notwithstanding any previsions contained In the contractual agreement. the Sella represents and warrants fault -Bee perfomwce and fault -free fault in the processing date and date related data (including, but not limited to calmtating, owrtparing sad sequuaxing) of all hardware, software and firmware products delivered and savlca provided under dos Contrast. itdhistually or in combination. as the ase may be from the effcctive date of this Contac. The obligation contained Mein appy to products and saviors provided by the Sella. to sub Sella or any third party Wohred in the creation or developmau of the products and services to be ddivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations comalned harm, may result in the City of Lubbock availing itself of am of its rights nada the law and under this Caatract including, but not !!rutted to, its right pertaining to teminaton or default The warranties contained herein are separate and discrete from any otter warranties specified in this Contract, and am 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 annexa or any document Incorporated In this Contraetby reference, 10. SAFETY WARRANTY. Sella wannta that the product sold to the Buya shall conform to the standards promulgated by the U. S. Department of labor under the Occupational Safety atl Health Act of 1970. in the went ale product docs not conform to OSHA standards, Buyer may rmmn rho product for correction or replacement at the Seller's expense in the event Sella falls to make the appropriate connection within a reasaublo rim aae,imh made by Buys will be it the Sella's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMIrJM. As pat of this contract for age Sella agrees to ascertain whether goods mamrfa,usd to accordance with the specifications atnched to this agreement will give ciao to the rightful claim of any third pawn 12. )jam oriatio All finds for payment by the City Coder this wonact ere subject to the availability of an annual appropriation for this purpose by the City. in the eventof nonappoprlation of Rinds by the City Cowell of the City of Luhbofk for the goads or cervica provided under the cont¢a, the City will terminate die contract, withdpt termination charge at other liability, on the last day -of tho thmcurml lisal year or when the lipp oin atibn made for the then-aatrent yet (br the goads or seniors covered by this contra, Is spent, whichever was occurs fiat If at any luno Ruda 4M rut appropriated fes the mMnuanro of tab contract: cancellation shall be aoayttd by theSe leroadtirty (30) days prior written notice. but faihte to give such nota stall be *too effa t and the CiWvwl not be obligsed order this contract beyond the due of tmmnataa by way of in0ingemem of the like, Buyer makes no warranty, that die production of goods awadirtg to the spedRadon will net give rise to such a claim std in no sent shall Byer be liable to Sega far &hduemiRatioa in the event that Sella Is erred an the growls of infi Inge nam of the Eke, If Sella is of the opinion that an infringement or the like win result. he will notify the Bider to this c fora in writing within two weeks after die signing of this agreement If Buyer does not receive notice aid is subasinemly bdd liable for the infringement or the like. Sella will save Buyer haemlas. If Sella In good faith aaxrtaim the production of the goods In occadanre with the specifications will result in Minganent or the tike, the cormact shall be nun and void 13. RIGHT OF INSPECTION. Buyer shall have the right to !Apert the goods at delivery before accepting them 14. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Sella breaches any of the terms hereof including warranties of Seller or if the Seller boom= insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and nes in lieu of any other mnedIts which Buyer may have in law or equity. 15. TERMINATION. The performance of work under this oda maybe terminated in whole, at In part by tho Buyer in accordance with this provision. Tambudm of work hereunder tun be effected by the delivery of the Sella of a `Notice of Taminadoe spodfymg the extm to which performance of wok under the order is terminated and the date upon which such termor I ,o 1 effective. Such right or termination is in addition to and not In lieu of the rights of Buyer so forth in Clause 13. haat 16. FORCE MAJEURE Neither party shall be held responsible for lasses, ratuhmg if the fWRllman of any tams of provisions of this conbtau is delayed or pmvanod by any cruse stat within the control of the party whose performance Is interfered with. and which by the exercise of reasonable diligence said party is unable to prevent. 17. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Sella without the written permission of the Buyer. Any attempted assignment or delegation by Seta shall be wholly vold and totally ineffative for all purpose union made in conformity with this paragraph 18. WAIVER No claim or right arising out of a breach of this contract an be discharged in whole or in part by a waiver or rmunciadah of the claim or right odes the waiver or renunciation is supported by consideration and is in writing signed by the andeved party. 19. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any spedRatiots for bids and performance provided by Buyer in Its adradsanmt for bids, and any other documents provided by Sella as pan of his bid. Is Intended by the parties as a Baal expression of their sgretmem and handed also as a compkro and exclusive ataterhan of the tams of their agreement. Whasva a tam defined by the Uniform Commercial Code is used in this sgaeanau, the definition contained in the Code is to cental. 2a APPLICABLE LAW. This agreement shall be governed by the Uniform Conanacw Code, Where ever the tan "Uniform Corranacial Code" Is used, is shall be comtrued w nneardng the Uniform Commercial Code as adopted in the Swo of Texas as effective and in for= on the date of this nam mmem 21. RIGHT TO ASSURANCE. Whenever one parry to this contract in good faith has reason to question the other party's Intent to perfoms he may demand that the other party give written assurance of his Intent to Perfomt in the eves that a demand is made and no asaaarce is given within five (5) days, the demanding party may tram this failure a an anticipatory, repodiuion of the contract. 22. MDLMNIFICATION. Sella shag indemnify. ify. keep aid save harmless rix Buyer. its agents. olEciab and employea, agmina all uJurim dads. lose, dauigm claims, taem claims, suis. liabilities. Judgments. costs and expense which nay In anywise accrue against the Buyer In camoquence of rya granting of uhts Cents* or which may anywise result thaefram whether or not it shall be alleged or daennined that the to was caused through neglfgaroe or emission of tiro Seller or is employees, a of the suulhWla or assignee err its employees, if any. and the Sella shall. at his own apnea appear, defend and pay all charges of attorneys and all toss and other exposes seising therefrom of lettered In connection therewith, mrd, if any judgmeta shall be tendered against the Buyer in any such action, the Sella shall, at its own expenses, so* ori disdargo the same Sella expressly understands and Was that any bond required by this contrera, or otherwise provided by Sella, shall in no way limit the responsibility to indemnify, keep and save harmless and defod Tho Buyer as herein provided 23. TIME ti is hereby apresly sgrmd and understood that cmc is of ibe essence for tho perfammu ce of this comic, and failue by contract to meet the time specifications of rids agreement win cause Sellaro be in default of this agmanam 24. MBE The City of Lubbock May no iRa all bidders that in regard to any contract asered into pursuant to this roquat. minority and women bushcss enterprises will be afforded equal oppoawitia to submit bis In response in this unitarian and will net be discriminated against on the grounds of race, colo. as or natural origin in consideration for an award 25. NON -ARBITRATION. The City reserves the right in exacise any right or venndy to is by law, codtam equity. or otherwise, including without limitation, the right to seek shy and all fora of rdief in a court of competem jurisdiction Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to oak judicial nanedy. The remedies ad forth herein one cumuladva and not exclusive, and may be exercised concurrently. To the extent of anyconnla between this provision and another prevision in. or elated to, chis document. this provision shall control. 26. RIGHT TO AUDIT. At any time during the tam of she cantract. or thereafter, ere City, or a duly authorized audit representative of the City of the State of Texas, at is expense and at reasonable times, reserves die right to audit Conmwm% eeco I and books sdevam to all services provided to the City under dos Cam= In the cern such in audit by the City reveals any man or ovapayin=o by the City. Contractor shall refund tiro City the full amount ofsuch ovapaymems within Oft (30) days of such audit fhhcirgs, or the City, at its option, reserve the right to deduct such amounts owing the City Rom any payaws ducconeraetor. 27. House Bill 2015. signed by the Gove mo on June 14, 2013 and effective on Jammy 1, 2014, authorizes a penalty to be imposed on a pawn who contracts for retain services with a govan nanal amity sed who Iblls to properly desalfy, their workers. This applies to subcontractor; as well. Coutactors and subeontruron who fall to properly classify individuals performing work under a governmental contract will be penalized 5200 far each individual that has been misdauified. Governmental entities may want to include information on this new misdassiBation penalty in their contracts with entities that arc providing servion covered by this new requirement (Texas Government Code Section 2155.001). Rev. 0212012 AOWDACO FIRE EQUIPMENT — 201 AVER PO BOX 5006 LUBBOCK, TX 79408 Phone # Fax # 806-763-0808 806-763-9151 Name /Address LUBBOCK, CITY OF PO BOX 2000 LUBBOCK, TX 79456 Ship To LUBBOCK FIRE DEPT. 1515 EAST URSULINE LUBBOCK, TX 79401 Estimate Date Estimate # 8/12/2014 1478 Terms Rep FOB Net 30 GD Item Description Qty Rate Total SCO20012"I SCO200130-01 Cylinder & Valve Assy (NxG), Carbon, 4500 psi, 30 min 4.5-60MIN CARB CYL&VLV NXG 100 5 649.50 993.00 64,950.00 4,965.00 BUY BOARD CONTRACT# 432-13 Subtotal $69,915.00 Sales Tax (0.0%) $0.00 Total $69,915.00