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HomeMy WebLinkAboutResolution - 2009-R0229 - PO - DACO Fire Safety Equipment - SCBA Equipment - 06/11/2009Resolution No. 2009-RO229 June 11, 2009 Item No. 5.18 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Purchase Order No. 347986 for the purchase of SCB.A Equipment as per Bid 09 -050 -FO, 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 this 11th ATTEST: Rebecca Garza, City Secretary ED AS TO CONTENT: Chief APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney day of .Tune , 2009. TOM MARTIN, MAYOR vwlccdocs/Chad/Resolutions/RES.DACO Fire Equipment-PurchaseOrd May 27, 2009 T0: DACO FIRE SAFETY PO SOX 5006 LUBBOCK TX 79408 U R C H A S E ORDER EQUIPMENT M. INVOICE TO: CITY OF LUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK. TX 79457 SHIP T0: BY: Page - 1 Date 5/26/09 Order No. - 347986 000 OP Brn/Plt 3511 CITY OF LUBBOCK CENTRAL FIRE STATION COMPLEX RAUL SALAZAR 1515 EAST URSULINE LUBBOCK TX 79401 -------------------- ----------------------------------V ------------------ Ordered - 05/26/09 Freight FOB Destination Frt Prepaid Requested - 05/26/09 Taken By ROBIN HOLDER Delivery - PER R. SALAZAR REQ# 32452 ITB# 09 -050 -FO Description / Supplier Ite NXG7 Air Pack CBRN/SE/SEMS/ EBSS PN AP3140204200301 Cylinders PN 200128-01 AV Face Piece PN 805773-01 AV Face Piece PN 805773-02 AV Face Piece PN 805773-03 Voice Amp, PN 804564-01 Mt. Assembly PN 804636-01 Respirators PN 804057-01 Respirator Combination PN 804901-01 Pack Tracker Hand Held Receiver PN 200266-03 110VT Charger PN 200434-01 Ordered UM Unit Cost UM Extension ----------- -- ----------- 12.000 EA 3,742.4000 EA 44,908.80 Req. Dt 07/23/09 30.000 EA 576.3000 EA 17,289.00 07/23/09 5.000 EA 163.0000 EA 815.00 07/23/09 5.000 EA 163.0000 EA 815.00 07/23/09 5.000 EA 163.0000 EA 815.00 07/23/09 5.000 EA 297.5000 EA 1,487.50 07/23/09 5.000 EA, 18.9000 EA 94.50 07/23/09 15.000 EA 27.3000 EA 409.50 07/23/09 15.000 EA 42.2000 EA 633.00 07/23/09 1.000 EA 876.8000 EA 876.80 07/23/09 1.000 EA 268.2000 EA 268.20 07/23/09 This purchase order encumbers funds in the amount of $68,412.30, for the purchase of SCBA Equipment awarded on June 11, 2009, to Daco Fire Equipment, of Lubbock, Texas, in accordance with to Daco Fire Equipment, of Lubbock, Texas response to ITB#09-050-FO. The following is incorporated into and made part of this purchase order by reference: Bid submitted by your firm including the Bid Form, Specifications, and General Conditions of ITB# 09 -050 -FO. Resolution# 2009-80229 CITY OF LUBBOCK T w� Toni Martin, Mayor ,ATTEST: Rebecca Garza, City Secreta Tota der ------------------- --------------------------- --------------- - - Terms NET 30 68,412.30 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY 4F LUBBOCK, TEXAS Seller and Buyer agree as follows: 1. SELLER TO PACKAGE GOODS, Seller will package goods in accordance with good commercial practice. Each shipping container shall be. clearly and permanently marked as follows (a) Seder's name and address, (b) Consignee's name, address and purchase order or Purchase release number and the supply agreement number if applicable, Icl Container number and total number of containers, e.g. box I of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging union 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 to shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authonmd to ship the goods under reservation and no tender of a bill of lading wil I operate as a tender of goods. 3. TITLE AND RISK OF LOSS. The title and risk of loss of the goads shall not 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 tender ofdelivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and (he like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time For performance has riot yet expired, the Seller may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. 5, INVOICES A PAYMEN'T'S. a. Seller 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 itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the Freight waybill when applicable., should he attached to the invoice. Mail To: Accounts Payable, City of Lubbock, P. O. Box 2000. Lubbock, Texas 79457. Payment shall not be due until the above instruments are submitted after delivery. 6. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller, to any officer or employee of the City of Lubbock with a view to securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of airy determnations with respect to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this provision, Buyer shall he entitled in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities, 7 SPECIAL TOOLS $ TEST EQUIPMENT Ifthe price stated on the face hereof includes the cost of airy special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall baeume the property of the Buyer and to the extent feasible shall be identified by the Seller as such. 8. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which Sefler warrants to be no higher than Seller's current process on orders by others for products of the kind and speci fication covered by this agreement for similar quantities under similar of like conditions and methods of punhase, In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense b. The Seller 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 conlmgenl fee excepting bona fide employees of bons fide established commercial or selling agencies maintained by the Seller For the purpose of securing business. For breach of wciahon of this warranty the Buyer shall have the right in addition to any other right of nghts to camel this contraet without liability and to deduct From the contract 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 cuntingenl Fee. 9. WARRANTY -PRODUCT. Seller shall no limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the Option of the Buyer_ Seller warrants that the goads furnished will conform to the speciFicatiorn, drawings, and descriptions listed in the bid invitation, and to the samplets) furnished by the Seller, if any. In the event ofa conflict or between the specifications, drawings, and descriptions, the specifications shall govern, Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fault -Fra performance and fault -free result in the processing date and date related data (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 case may be from the effective date of thus Contract.. Also, the Seller warrants the year2000 calculations will he recognised and accommodated and will not. in anyway, result in hardware, software or finriware failure. The City of Lubbock, at its sole option, may require the Seller, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein The obligations contained herein apply to products and services provided by the Seller. its sub -Seller or am 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 arty of the obligations contained hereir, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right periaming to termination or default, The warranties contained herein are separate and discrete from any other warranties specified in this Contract, 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 Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 10 SAFETY W ARR.ANTY. 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 event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at the Seller's expense. In the event Seller fads to make the appropriate correction within a reasonable time, correction tirade by Buyer will be at the Seller's expense. I I NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for sale Seller agrees to ascertain whether goods manufactured in accordance with the specification attached to this agreement will give rise to the rightful claim of arty third person by way of infringement oFthe like. Buyer makes w warranty that the production ofgoods according to the specification will not give rise to such a claim, and in no event shall Buyer be liable to Seller for indem nificahon in the event that Seller is sued on the grounds of mfringenem ofthe like. If Seller is of the opinion that an infringement or the like will result, he will notify 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 Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the contract shall be null and void. 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them. 13. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terrors 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 lieu of any other remedies which Buyer may have in law or equity. 14_ TERMINATION. The performance of work under this order may be terminated in whole, or in part by the Buyer in accordance with this provision. Terinmation of work hereunder shall be effected by the delivery oFthe Seller of a "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes of ectivo. Such right or termination is in addition to and not in lieu ofthe rights of Buyer act forth in Clause 13, herein. 15. FORCE MAJEURE. Neither parry shall beheld responsible For losses, resulting if the fulfillment of airy terms of provisions of this contract is delayed or prevented by any cause not 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. 16. ASSIGNMENT -DELEGATION, No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective fat all purpose unlessmade in conformity with this paragraph. 17. WAIVER. No claim or right arising out of breach of this contract can be discharged in whole or in part by a waiver or renunciation 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 advertisement for bids, and any other documents provided by Seller as part of his bid, is intended by the parties M a final expression of their agreement and intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Where ever the term "Umforni 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 force on the date of this agreement. 20. RIGHT TO ASSURANCE. Wherever one party to this contract in 03rd faith has reason to question the other 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 aimurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 21. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer. its agents, officials and employees, against all injuries, deaths, foss, damages, claims, patent claims, suns, liabilities, judgments, costs and expenses, which may in anywise accrue agairtst the Buyer in consequence ofthe granting orthis Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the subSeller or assignee or its employees. of any. and the Seller shall, at his own expense, appear, defend and pay al I charges of attorneys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses, satisfy and discharge the same Seller expressly understands and agrees that any bond required by this contract, or otherwise provided by Seller, 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 performance of this contract, and failure by contract to meet the time specifications of'this agreement will cause Seiler 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 affiorded 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 origin in consideration for an award, Rev. 0812005