R2019-088 2019-03-25 RESOLUTION NO. R2019-88
A Resolution of the City Council of the City of Pearland,Texas,awarding a bid
for the purchase of SCBA cylinders and air packs,from Municipal Emergency
Services, in the amount of$140,585.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That competitive pricing for the purchase of SCBA cylinders and air packs has
been reviewed and tabulated.
Section 2. That the City Council hereby awards a bid to purchase SCBA cylinders and
air packs, from Municipal Emergency Service, in the amount of$140,585.00.
Section 3. The City Manager or his designee is hereby authorized to execute a contract
for the purchase of SCBA cylinders and air packs.
PASSED, APPROVED and ADOPTED this the 25th day of March, A.D., 2019.
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TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Bid# 0219-24
Title Self-Contained Breathing Apparatus (SCBA) Equipment
Municipal Emergency Metro Fire Apparatus Dooley Tackaberry,
Line Items Services Specialists, Inc. Inc
Line Description Mfgr MfgNo UOM QTY Unit Extended Unit Extended Unit •Extended
1 _Wire Frame X3 Air Pack Scott X3124022200402 EA 6 $5,455.90 $32,735.40 $5,610.00 $33,660.00 $5,916.40 $35,498.40
2 Cylinders, 45 minute Scott 804722-01 EA 30 $1,024.81 $30,744.30 $1,025.00 $30,750.00 $1,086.83 $32,604.90
Total $63,479.70 $64,410.00 $68,103.30
Pre
b . °�®: City of Pearland
, 3519 Liberty Drive
`s r. Pearland,TX 77581 ..
General.Services Contract
This Contract(Contract)is made between the City of Pearland,Texas(City), and Contractor.
The City and Contractor agree to the terms and conditions of this Contract, which consists of the
following parts:
1. Summary of Contract Terms
II. Signatures
III. Standard Contractual Provisions
IV. Special Terms and Conditions
11
V. Additional Contract Attachments
I.Summary of Contract Terms.
Contractor Municipal Emergency Services, Inc.
600 Century Plaza Dr. Suite C-160
Houston,TX 77073
Description of Services: Contractor will provide self-contained breathing apparatus (SCBA)
Wire Frame Scott X3 Air Packs and 45 minute Cylinders for the Fire
Department, per the specifications of bid #0219-24, resolution
#R2019-88.
Contract Type: Unit Price Contract,In The Amount Of$140,585.
Effective Date: 3/25/2019
Termination Date: 3/24/2020 •
Renewal: Two renewal options available,upon the mutual agreement of both
parties.
II.Signatures: By signing below,the parties agree to the terms of this Contract
CITY OF PE RLAND: . CONTRACTOR
Bu F u chasing Manager Date Title:: V tee b owe
Date: Ala./ 20 A
• LAA-a1/4."
"SM" . by: Date: 0-bk?hc64ba i
City Manager) t)et. y ..
'Assistant City Manager `` !
Director
Superintendent/Manager
*Contract Signature Authority: Superintendent/Manager-$5,999 or less
Director-$6,000 to$30,000
City Manager/Assistant City Managers-$30,001 to$50,000
City Council Resolution $50,000+.
Ill. Standard Contractual Provisions.
A. Definitions.
Contract means this.Standard Services Contract.
Services means the services for which the City solicited bids or received proposals as
described in Exhibit A, attached hereto.
B. Services and Payment. Contractor will furnish Services to the City in accordance with the
terms and conditions specified in this Contract. Contractor will bill.the City for the Services
provided at intervals of at least 30 days,except for the final billing.The City shall pay Contractor
for the Services in accordance with the terms of this Contract, but all payments to be made by
the City tO Contractor, including the time of payment and the payment of interest on overdue
amounts, are subject to the applicable provisions of Chapter 2251 of the Government Code.
C. Termination Provisions.
(1) City Termination for Convenience. Under this paragraph, the City may terminate
this Contract during its term at any time for the City's own convenience where the
Contractor is not in default by giving written notice to Contractor. If the City terminates
this Contract under:this paragraph, the City will pay the Contractor for all services
rendered in accordance with this Contract to the date of termination.
(2) Termination for Default. Either party to this Contract may terminate this Contract as
provided in this paragraph if the other party fails to comply with its terms. The party
alleging the default will give the other party notice of the default in writing citing the
terms of the Contract that have been breached and what action the defaulting party
must take to cure the default. If the party in default fails to cure the default as specified
in the notice,the party giving the notice of default may terminate this Contract by written
notice tO the other party,specifying the date of termination. Termination of this Contract
under this paragraph does not affect the right of either party to seek remedies for
breach of the Contract as allowed by law, including any damages or costs suffered by
either party. •
(3) Multi-Year Contracts and Funding. If this Contract extends beyond the City's fiscal
year in which it becomes effective or provides for the City to make any payment during
any of the City's fiscal years following the City's fiscal year in which this Contract ,
becomes effective and the City fails to appropriate funds to make any required Contract
payment for that successive fiscal year and there are no funds from the City's sale of
debt instruments to make the required payment, then this Contract automatically
terminates at the beginning of the first day of the City's successive fiscal year of the
Contract for which the City has not appropriated funds or otherwise provided for funds
to make a required payment under the Contract.
• D. Liability and Indemnity. Any provision of any attached contract document that limits the
Contractor's liability to the City or releases the Contractor from liability to the City for actual or
compensatory damages, loss, or costs arising from the performance of this Contract or that
provides for contractual indemnity by one party to the other party to this Contract is not
applicable or effective under this Contract. Except where an Additional Contract Document
provided by the City provides otherwise,each party to this Contract is responsible-for defending
against and liable for paying,any claim, suit, or judgment for damages, loss, or costs arising
from that party's negligent acts or omissions in the performance of this Contract in accordance
with applicable law.This provision does not affect the right of either party to this Contract who is
sued by a third party for acts Or omissions arising from this Contract to bring in the other party to
this Contract as a third-party defendant as allowed by law.
E. Assignment. The Contractor shall not assign this Contract without the prior written consent
of the City.
F. Law Governing and Venue. This Contract is governed by the law of the State of:Texas and
a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction located in
or having jurisdiction in Brazoria County, Texas.
G. Entire Contract. This Contract represents the entire Contract between the.City and the
Contractor and supersedes all prior negotiations, representations,or contracts,either written or
oral. This Contract may beamended.only by written instrument signed by both parties.
H. Independent Contractor. Contractor shall perform the work under this Contract as an
independent contractor and not as an employee of the City. The City has no right to supervise,
direct; or control the Contractor or Contractor's officers or employees in the means,methods,or
details of the work to be performed by Contractor under this Contract. The City and Contractor
agree that the work performed under this Contract is not inherently dangerous,that Contractor
will perform the work in a workmanlike manner, and that Contractor will take proper care and
precautions to insure thesafety of Contractor'sofficers and employees.
I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to
resolve any disputes that may arise between them regarding this.Contract. If either party
disputes any matter relating to this Contract, the parties agree to try in good faith, before
bringing any legal action, to settle the dispute by submitting the matter to mediation before a
third party who will be selected by agreement of the parties.The parties will each pay one-half
of the mediator's fees.
J. Attorney's Fees. Should either party to this Contract bring suit against the other party for
breach of contract or for any other cause relating to this Contract, neither party will seek or be
entitled to an award of attorney's fees or other costs relating to the suit.
K.Severability. If a court finds or rules that any part'of this Contract is invalid or unlawful,
remainder of the Contract continues to be binding on the parties.
IV.Special Terms or Conditions. None.• :
•
V. Additional Contract Documents. The following specified documents attached to this Contract are
part of this Contract. Any provision contained in the Contractor's Additional Contract Documents that
conflicts with this Contract shall have no legal effect.
A. Contractor's Additional Contract Documents:
1 .The contractor's response to bid #0299-24 shallbe construed as additional contract .
documents.
2. Executed Contractor ,Insurance Requirements & Agreement (required-insurance
certificate[s] shall be in possession of City at actual commencement of work).
B. City's Additional Contract Documents:
1. Scope of Services as listed on the attached. • .
EXHIBIT A
CONTRACTOR'S SCOPE OF SERVICES
Scope of services shall consist of the contractor providing self-contained breathing apparatus(SCBA)
Wire Frame Scott X3 Air Packs and 45 minute cylinders for the Fire Department, for the City of
Pearland, per the specifications of bid #0219-24, resolution #R2019-88. Pricing is as follows per
contractor's response to the same,as listed below:
Municipal ..
Emergency
Line Items Services
Line Description . Mfgr MfgNo UOM QTY Unit
1 Wire Frame X3 Air Pack Scott . , X3124022200402 EA 6 $5,455.90
2 Cylinders,45 minute Scott 804722-01 EA 30 $1,024.81