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R99-081 10-11-99RESOLUTION NO. R99-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF CEDAR HILL, TEXAS, TO UTILIZE THE CITY OF CEDAR HILL S VENDOR FOR THE PURCHASE OF A TYPE I AMBULANCE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Interlocal Agreement by and between the City of Pearland and the City of Cedar Hill, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest the original of the attached agreement with the City of Cedar Hill, to utilize Cedar Hill's vendor for the purchase of a Type I Ambulance. PASSED, APPROVED and ADOPTED this the 1 I+h day of 00 -O her , A.D., 1999. TO"M REID MAYOR ATTEST: 4114/ / 41101,:e.d.:409. •UNG'G / Y SE ' ' TARY APPROVED AS TO FORM: DARRIN M COKER CITY ATTORNEY CITY OF CEDAR HILL P.O. BOX 96 CEDAR HILL, TX 75106 Phone: 972-291-5100 Fax: 972-291-5107 CITY OF CEDAR HILL INVITATION TO BID TYPE I AMBULANCE Sealed bids, subject to the terms and condition of this Invitation to Bid and attachment(s), will be received at the office of the Purchasing Agent, 502 Cedar Street, P 0 Box 96, Cedar Hill, Texas 75106 until Friday, September 10, 1999 at 2:00 P.M. at which time the bids will be publicly opened and read aloud. All Bids, must be marked ON THE LOWER LEFT CORNER OF THE ENVELOPE: TYPE I AMBULANCE 09-10-99 GENERAL CONDITIONS - READ CAREFULLY 1. The City of Cedar Hill intends to order two (2) Type I ambulances from the successful Bidder. • 2 Bids received after the time and date shown above will not be considered. City is not responsible for lateness of mail, carrier, misdirection of mail within or outside of the City, etc. 3. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. This does not change the common law right of a Bidder to withdraw a bid due to a matenal mistake in the bid. 4. The City reserves the right to reject any or all bids and also reserves the right to award the bid in part or in whole. 5. The City reserves the right to waive minor technicalities and award the bid to best serve the interest of the City. 6. The City will not be liable for any costs associated with the preparation, transmittal, or presentation of any bid submitted in response to this Invitation to Bid. I have read the foregoing page & agree to all terms contained therein (Initial here) Page 1 7. Bid price and authentication of Bidder's signature must be submitted on forms furnished in this Invitation to Bid 8. All items offered by Bidder in response to this Invitation to Bid must be produced in compliance with all applicable federal and State of Texas regulations. 9. The City is, by statute, exempt from State Sales Tax and Federal Excise Tax; therefore, the bid price shall not include taxes. 10. From page of bid must be signed by a duly authorized official of the vendor's organization. Each page of general conditions must be initialed by the duly authorized official who signs the bid. 11. The City reserves the right to require that submitted bids remain in force for sixty (60) days after the bid opening date or until the award is made, whichever occurs first. 12. Bids made by facsimile (fax) or by telephone will not be accepted. 13. If it becomes necessary to revise any part of this Invitation to Bid, a written addendum will be provided to all Bidders. The City is not bound by any oral representations, clarifications, or changes made in the written specifications by City employees, unless such clarification or change is provided to all Bidders in written addendum form by an authorized representative of the City. 14. All bids will be reviewed and evaluated on an equitable basis Be assured that your efforts will be thoroughly considered. The bid award will be based on, but not necessarily limited to, the following factors: • Quality of workmanship • Reliability of ambulance • Estimated delivery date • Bid price • Follow-up service after sale & delivery of ambulance • Experience in manufacturing generator -powered ambulances • Special needs and requirements of the City • Reference checks • Bidder's past performance record with the City, if any I have read the foregoing page & agree to all terms contained therein (Initial here) Page 2 14. Bidders must submit a list of ALL customers who have received a generator -powered ambulance manufactured by the Bidder in the last five years. The customer reference list must include contact names, addresses, and phone numbers. Every Bidder must comply with this condition. NO EXCEPTIONS 15. Bidders are encouraged to attend the bid opening. A tabulation of the bid responses received at the time and date of the bid opening will be made available to all Bidders who request such tabulation. Tabulations will be available within seven (7) working days after the bid opening date. Tabulations will be sent via fax, email, or U.S. mail. Contact the Cedar Hill Fire Department at 972-291-1011 or the Purchasing Agent at 972-291-5124 to obtain a tabulation. 16. This bid, when properly accepted by the City, shall constitute a contract equally binding between the successful Bidder and the City of Cedar Hill. 17. The term of the contract between City and successful Bidder shall be for three (3) years beginning on the date the bid is formally accepted by the City Council and ending three (3) years hence. 18. Price increases on ambulance purchases made subsequent to the initial ambulance order shall be determined by the Consumer Price Index for the Dallas/Fort Worth MSA. Under no circumstances shall a price increase be more than five percent (5%) of the cost of the initial ambulance purchase. 18. The City of Cedar Hill entered into an Interlocal Cooperation Agreement with other units of local government to participate in a cooperative purchasing program. The units of local government are principally located in southwest Dallas and Ellis Counties; however, other units of local government may participate. Additional units of local government may, but are not obligated to, participate in the cooperative purchasing program after the bid is awarded and during the contract period. Current participating units of local government which may purchase goods and/or services as a result of any bid awarded are: • City of Cedar Hill • City of DeSoto • City of Duncanville • City of Lancaster • City of Midlothian Each unit of local government participating in the Interlocal Cooperation Agreement shall be: (1) entitled to individually order or request the goods and services separately and be separately invoiced by the successful Bidder, and (2) liable only for the goods and services ordered and received from the successful Bidder. Any contract for goods and services between the successful Bidder and a participating unit of local government does not create any joint or concurrent liability for any other participating unit of local government. Any dispute or claim between the vendor and a unit of local government which purchases any I have read the foregoing page & agree to all terms contained therein. (Initial here) Page 3 goods or services shall remain the responsibility of and be resolved by the vendor and such units of local government. 19. The successful Bidder shall not sell, assign, transfer, or convey the contract, in whole or in part, without the prior written consent from the City. 20. The City's payment terms are Net 30. Net 30 days is interpreted to mean 30 days after City's accepts receipt of merchandise accompanied with accurate invoice. 21. Invoices shall be mailed to the City of Cedar Hill, Accounts Payable, P.O. Box 96, Cedar Hill, Texas 75106. 22. The contract will be governed by the laws according to the State of Texas. Venue will be in Dallas County, Texas. 23. Direct any questions concerning the terms and conditions of this Invitation to Bid to the Purchasing Agent at 972-291-5124. 24. Direct any questions concerning the specifications to this Invitation to Bid to Lt. Rick Pendley or Kevin Cunningham at the Cedar Hill Fire Department, phone no. 972-291-1011. I have read the foregoing page & agree to all terms contained therein. (Initial here) Page 4 CITY OF CEDAR HILL BID TABULATION - TYPE I AMBULANCE SEPTEMBER 10, 1999 @ 2:00 P.M. COMPANY BID PRICE EXTEND BID PRICE DELIVERY CHARGE TOTAL PRICE DELIVERY TIME (EACH) (X2) Wheeled Coach $ 79,890 $ 159,780 N/A $ 159,780 120 days Frazer $ 78,700 $ 157,400 $ 200 $ 157,600 120 days Phoenix Group No bid AA No bid PL Custom No bid American No bid INTERLOCAL AGREEMENT BETWEEN THE CITY OF CEDAR HILL, TEXAS AND THE CITY OF PEARLAND, TEXAS EXHIBIT oh It WHEREAS, the City of Cedar Hill, Texas, and the City of Pearland, Texas, wish to enter into an agreement to permit the City of Pearland to utilize the City of Cedar Hill's vendor for the purchase of a Type I Ambulance; and WHEREAS, Article 791.025 of Vernon, Annotated Civil Statutes provides authorization for political subdivisions to enter into contract with local governments. NOW, THEREFORE, this Interlocal Agreement is hereby made and entered into by the City of Cedar Hill Texas, and the City of Pearland, Texas, for and upon the mutual consideration stated herein: WITNESSETH: SECTION I - IDENTIFICATION OF BID City of Pearland to purchase Type I Ambulance from the City of Cedar Hill's Bid No. 09-10-99. SECTION II - PAYMENT INFORMATION City of Pearland will process all requisitions, purchase orders, and payments directly with vendor. SECTION III - INDEMNIFICATION City of Pearland agrees to indemnify and save haiiuless the City of Cedar Hill from any liability of damages City of Pearland may suffer as a result of all claims, demands, costs, or judgments of any kind under this Agreement, or arising from accident, injury, or damage to any person(s) or to the property of any person(s) occurring during the performance of this Agreement, except for any liability caused by the negligence of the City of Cedar Hill, its agents, officers, and/or employees. SECTION IV - AUTHORIZATION The City Manager is authorized to enter into this Interlocal Agreement for the City of Pearland. The Mayor is authorized to enter into this Interlocal Agreement for the City of Cedar Hill. SECTION V - ENTIRE AGREEMENT This Interlocal Agreement may not be assigned and embodies the entire agreement between the City of Cedar Hill and the City of Pearland and may be amended in writing. Page 1 of 3 ?") SECTION VI - EFFECTIVE DATE It is agreed by the City of Cedar Hill and the City of Pearland that no purchases will commence hereunder until this Interlocal Agreement has been fully executed by the parties hereto. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their authorized elected official on this //O day of OcloJoe r , ATTEST: City Secretary ATTEST: ung ty Se CITY OF CEDAR HILL, TEXAS By: Printed Name: Title: Mayor CITY OF PEARLAND, TEXAS Page 2 of 3 1/4 ALIO Glen R. in City Manager THE STATE OF TEXAS COUNTY OF Dal BEFORE BEFORE ME, the undersigned Notary Public, on this day personally appeared 6, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS / 144 DAY OF it-i �.-cem- &A.... A.D., 19 gel . f'{Ay; H L BRIGANCE Votary Public ,`i Y,1 rE OF TEXAS ITh I88Iun Expires 12/28/00 j THE STATE OF TEXAS COUNTY OF Brazori a § N TARY PUBLIC, STATE 0 EXAS Commission Expires: / 2-/a/®° Printed Name: A- ( ?) BEFORE ME, the undersigned Notary Public, on this day personally appeared Glen R. Erwin, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 12th DAY OF October , A.D., 19 99 . MELISSA HARRIS Notary Public, State of Texas My Commission Expires July 19, 2003 NOTARY PUBLIC, STATE OF TEXAS Commission Expires: Jul y 19, 2003 Printed Name: Melissa Harris Page 3 of 3