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HomeMy WebLinkAboutResolution - 2013-R0073 - PO - Daco Fire Equipment - Pumper/Quint - 02/14/2013Resolution No. 2013—R0073 February 14, 2013 Item No. 5.20 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. 10007652 for the purchase of Rosenbauer Pumper/Rosenbauer Quint as per HGAC Contract No. FS 12-11, by and between the City of Lubbock and DACO Fire Equipment, 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 February 14, 2013 GLE .RO 'RTSON, MAYOR ATTEST: I�cb eca Garza, City Secretary APPROVED AS TO CONTENT: 1 ' 1 Mike Kemp, Fire Chief APPROVED AS TO FORM: (. L�— Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Daco Fire & Safety-PurchaseOrd January 31, 2013 �'�' Resolution No. 2013-R0073 jiflubl city of TEXAS PURCHASE ORDER TO: DACO FIRE SAFETY EQUIPMENT 201 AVENUE P.O. BOX 5006 LUBBOCK Texas 79408 5006 INVOICE TO: CITY OFLUBBOCK ACCOUNTS PAYABLE P.O. BOX 3000 LUBBOCK. TX 79457 Ordered 01/31/2013 Freight Requested 01/01/2014 Taken By Delivery PER SALAZAR_R REQ 41200 Description/Supplier Item Ordered Rosenbauer Pumper 1250 GPM Pump 1.000 Rosenbauer Quint 78' Rear Mount Ladder 1.000 Terms NET30DAYS Page - 1 Date - 01/31/2013 Order Number 10007652 000 OP Branch/Plant 5615 SHIP TO: CITY OF LUBBOCK CENTRAL FIRE STATION COMPLEX RAULSALAZAR 1515 EAST URSULINE LUBBOCK Texas 79401 HGAC CONTRACT N FS12.11 Unit Cost UM 437,349.0000 EA 636,923.0000 EA Total WASTSTRWA Extension Request Date 437,349.00 01/012014 636,923.00 01/012014 1,074,272.00 This purchase order encumbers funds In the amount of $1,074,272 awarded to DACO Fire Equipment of Lubbock, Texas, on February 14, 2013. The following is incorporated into and made part of this purchase order by reference: HGAC Contract FS 12-11 Price quotation dated January 28, 2013 from DACO Fire Equipment of Lubbock, Texas Resolution# 2013 -Resolution No. 2013-R0073 MIT MLiTd141:1:IQ9:1 Glen C 6bertson, Mayor ATTEST: Rebecca Garza, CP Se retary TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer ogree as follows: 1. SELLER TO PACKAGE GOODS. Sella will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address, (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g. box I of 4 boxes, and (d) the number of the contains bearing the packing stip. Sella shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Sella is not authorized to ship the goods unda reservation and no tender of a bill ollading will operate ss a tender ofgoods. 3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall mat pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every taWa of delivery of goods must fully comply with all provisions of this contrsct as to time of delivery, quality and the like. If m tender is made which does not filly codfarm, this shall oangitwe a breach and Sella shall not have the right to substitute a canfwaung tender, provided, where the time for performance has not yes expired. the Seiler may reasonably notify Buyer of his intention to arse and may than make a conforming tender within the cc i -- time but rel afterward S. INVOICES & PAYMENTS. a. Sella shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be iternized and transportation charges, it any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. O. Box 2000, Lubbock, Texas 79437. Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Sella, caned this centrad without liability to Sella if it is determined by Buyer that gratuities, in lho form of entertainment. gifts or otherwise, were offered at given by the Seller, or any agent or representative of the Sella, to any officer or employee of the City of Lubbock with a view to securing o control orsearing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the perforating of such a contract. In the evern this cormaa is canceled by Buyer pursuant to this provision. Buyer shall be entitled. in addition to any other rights and remedies. to recover or withhold the amount of the cul incurred by Seger in providing sashgrahrities. 7. SPECIAL TOOLS do TEST EQUIPMENT. If the prioe smad on the fact hereof includes the cog of any special tooling or special test equipment fabricated or required by Sella for the purpose of filling this order. such special tooling equipment and any process sheets related thereto shall became the property of the Buyer and to the extent feasible shall be identified by the Sella as such. 8. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warranh to be no higher than Seller's current process an orders by others for products of the kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. In the event Seller breaches this warranty. One prices of the items shall be reduced to the Seller's current prices on orders by others, or in the altemuive. Buyer may cancel this contract without liability to Sella for breach or Sellcr s actual expense. b. The Sella warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting boa ride employees of boa fide established cornmetcial or selling agencies maintained by the Sella for the purpose of searing business. For breach of vitiation of this warramy the Buyer shall have the right in addition to any other right of rights to cancel this contract without liability and to deduct from the anuacl price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage. brokerage or contingent fee. 9. WARRANTY -PRODUCT. Sella shall not limit or exclude any implied warranties and any attempt to do so shall raider this contract voidable at the option of the Buyer. Sella warrants that the goods furnished will conform to the spe ifli ation, drawings, and descriptions listed in the bid invitation, and to the sample(s) furnished by the Sella, if any. In the eventof a contlict or between the specifications, drawings, and descriptions. the specifications; shall govern. Notwithstanding any provisioru contained in the contractual agreement. the Sella represents and warrants fault -free petfomance and fault -free result in the processing due and date related daft (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the cava may be from the effective date of this Contract. The obligations contained herein apply to products and services provided by the Seller, its sub - Sella or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the taw and under this Contract including, but not limited to, its right pertaining to termination or default. The warranties contained herein no separate and discrete from any other warranties specified in this Contras, and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Seller's liability which may be specified in this Contras, its appendices, its schandes, its annexa or any document incorporated in this Contract by reference. 10. SAFETY WARRANTY. Sella warms do 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 As of 1970. In the evad the product does not conform to OSHA standards, Buyer may mum the product for correction or replacement at the Sellers expense. In the event Sella fails to make the appropriate correction within a reasonable time. correction made by Buys will be at the Sellers expense. IL NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this conw4 for We Seller agrees to ascertain whether goods manufactured in accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person by wry of innimgatem of the like. Buyer makes no warranty that the production of goods according to the specification will not give rise to such a claim, and In no event stall Buyer be liable to Sella for Indemnification in the event that Seller is sued an the grounds of infringement of the like. If Seiler is of the opinion that an infringement or the like will result, he will Miry the Buyer to this effect in writing within two weeks after the signing of this agreement. If Buyer does not receive notice and is subsequently held liable for the infringement or the like, Seller will save Buyer harmless. If Sella in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contract stall be null and void. 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting Ahem 13. CANCELLATION. Buyer shall have the right to cancel for default all or any put of the undelivered portion of this order if Shcer breaches any of the terms hawf including warranties of Sella or if the Sella becomes inwhYat or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of arty other remedies which Buyer may have in law or equity. 14. TERMINATION. The performance of work undo this order may be taminsred in whale, or in pan by the Buyer in accordance with this provision. Termination of work haunmda shall be effected by the delivery of the Sella of a "Notice of Termination" specifying the extent to which performance of work unda 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 Buya set forth in Clause 13, herein. 15. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulliumcat of any tams of provisions of this centrad is delayed or prevented by any cause not within the control of the party whose performance is interlard with, and which by the exercise of reasonable diligence said party is unable to prevent. 16. 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 Sella shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. 17. WAIVER. No cioim orright arising oat of a brach of this contract can be discharged in whole or in part by a waives or ram nciatien of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 18. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisamcnt for bids, and any other documents provided by Sella as part of his bid, is intended by the parties as a foul expression of their apoeme t and intended also as a complete and exclusive slatemaU of the tams of their agreement. Whenever a term defined by the Uniform Commaaial Code is used in this agreement, the definition contained in the Code is to control. 19. APPLICABLE LAW. This agrament shall be governed by the Uniform Commercial Cade. Where ever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in fora on the date of this agreement. 20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the atter party's intent to perform he may demand that the other party give written assurance of his intent to perform. In the event that a demand is made and no assurance is given within five (3) days, the demanding party may treat this failure as an anticipatory repudiation of rhe centrad. 21. INDEMNIFICATION. Sella shall indannifj4 keep and save harden the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent daims, suits. liabilities, judgments, ash and expanses, which may in anywise accrue against the Buyer in consequence of the gmnfias of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the as was eased through negligence or emission of the Sega or its employem or of the subSella or assignee or its anployees, if any, and the Sella shall, at his own expanse, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom of incxtred in eannection thmwtth and. if any judgment shall be tendered against the Buys in any such action, the Sella shall, at its own expenses. satisfy and discharge the same Sella expressly understands and agrees Out any bond required by this centrad, or otherwise provided by Sega, shall in no way limit the responsibility to indemnify. keep and save harmless and defend the Buyer as herein provided. 22. TIME. It is hereby expressly agreed and understood that time is of the essence for the pafomnance of this contract, and failure by contract to orad the lime specifications of this agreement will cause Sella to be in default of this agreement. 23. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or natural digin in consideration for an award. 24. NON -ARBITRATION. The City reserves the right to exercise any fight or remedy available to it by law, conu=4 equity, or otherwise, including without lit -caution. the right to seek any and ul tams of rdiet in a coat of competent jurisdiction. Further, the City cull not be subject to any arbitration process prior to exercising its umresuiaed right to seek judicial remedy. The remedies to forth hadn are cumulative and not exclusive. and may be exercised conwrtently. To the extort of any conflict between this provision and another provision in. or related lo, this document, this provision shall control. 23. RIGHT TO AUDIT. At any time during the temm of the contract, or thereafter, the City, or a duly authoind audit representative of the City or the State of Texas, at its expanse and at reasonable times, reserves the right to audit Contras es, records and books rctevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any ..rots or overpayments by the City, Contractor shall refund the City the 1411 amount of such overpayments within thirty (30) days of such audit fundings, or the City. at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. Rev. 02/2012