2002-104-RES ATHORIZE EXECUTION OF INTERLOCAL AGREEMENT BETWEEN COP AND LEAGUE CITY TX
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RESOLUTION NO. 2002-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AUTHORIZING THE EXECUTION OF ANINTERLOCAL
AGREEMENT PURSUANT TO SECTION 791.025 OF THE TEXAS
GOVERNMENT CODE BETWEEN THE CITY OF PARIS AND LEAGUE
CITY, TEXAS, ALLOWING THE CITY OF PARIS TO PARTICIPATE IN
THE BID PROCESS OF LEAGUE CITY, TEXAS, FOR THE PURCHASE
OF TWO (2) ISG THERMAL IMAGING CAMERAS WITH
TEMPERATURE READOUTS AND TWO (2) TRUCK MOUNTING AND
CHARGING BRACKETS THROUGH ADH MARKETING; AUTHORIZING
THE EXECUTION OF A PURCHASE ORDER FOR THE ISG THERMAL
IMAGING CAMERAS; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 791 of the Texas Government Code, styled Interlocal Cooperation
Contracts, authorizes local governments to contract, to the greatest extent possible, with other
local governments to increase the effectiveness of local governments; and,
WHEREAS, Section 791.025 of Chapter 791 of the Government Code empowers
designated local governments to contract with other local governments to participate mutually in
the purchase of goods and services; and,
WHEREAS, the City of Paris, Paris, Texas, and the City of League City, Texas, are
municipal corporations and home rule cities created under the Constitution and statutes of the State
of Texas and hence are local governments empowered by Section 791.025 of the Government
Code to enter into contracts for the purchase of goods and services; and,
WHEREAS, the City of League City has, in compliance with state law, sought and
received competitive bids for the purchase ofISG Thermal Imaging Cameras and has awarded said
bid in accordance with state law to the lowest responsive, responsible bidder, the same being ADH
Marketing, Inc; and,
WHEREAS, the aforesaid competitive bids received by League City allow additional units
to be purchased under said bid; and,
WHEREAS, the City of Paris desires to enter into an interlocal agreement with the City
of League City pursuant to Section 791.025 of the Government Code to purchase two (2) ISG
Thermal Imaging Cameras from ADH Marketing, Inc.; and,
WHEREAS, it is deemed appropriate that the City of Paris purchase two (2) Thermal
Imaging Cameras through ADH Marketing as set out herein; and,
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WHEREAS, it is further deemed appropriate that the City Manager be authorized to
execute, on behalf of the City of Paris, an inter1oca1 agreement with the City of League City,
Texas, in the form attached hereto as Exhibit A, authorizing the City of Paris to purchase said
cameras from ADH Marketing; and,
WHEREAS, it is further deemed appropriate that the City Manager be authorized to
execute a purchase order for two (2) ISG Thermal Imaging Cameras with temperature readouts
with two (2) truck mounting and charging brackets for a total purchase price of $31,270.00, which
represents the cost of the cameras, brackets, and three (3) days training; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. That the City Manager be authorized to execute, on behalf of the City of Paris,
an interlocal agreement, in the form attached hereto as Exhibit A, by and between the City of Paris
and the City of League City, Texas, authorizing the City of Paris, pursuant to Section 791.025
of the Texas Government Code, to purchase two (2) ISG Thermal Imaging Cameras with
temperature readouts with two (2) truck mounting and charging brackets for a total price of
$31,270.00, which represents the cost of the cameras, brackets, and three (3) days training, from
ADH Marketing, Inc., and to pay any and all other incidental costs incurred by the City of League
City associated with the purchase of said equipment by the City of Paris.
Section 3. That following the approval of the aforesaid interlocal agreement by the City
of League City, the City Manager shall be and he is hereby authorized and directed to execute,
on behalf of the City of Paris, a purchase order for two (2) ISG Thermal Imaging Cameras with
temperature readouts with two (2) truck mounting and charging brackets for a total purchase price
of $31,270.00, which represents the cost of the cameras, brackets, and three (3) days training.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 10th day of June, 2002.
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ATTEST:
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Mattie Cunningham, City Clerk
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APPROVED AS TO FORM:
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INTERLOCAL AGREEMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, Chapter 791 of the Texas Government Code, styled Interlocal Cooperation
Contracts, authorizes local governments to contract, to the greatest extent possible, with other
local governments to increase the effectiveness of local governments; and,
WHEREAS, Section 791.025 of Chapter 791 of the Government Code empowers
designated local governments to contract with other local governments to participate mutually in
the purchase of goods and services; and,
WHEREAS, the City of Paris, Paris, Texas, and the City of League City, Texas, are
municipal corporations and home rule cities created under the Constitution and statutes of the State
of Texas and hence are local governments empowered by Section 791.025 of the Government
Code to enter into contracts for the purchase of goods and services; and,
WHEREAS, the City of League City has, in compliance with state law, sought and
received competitive bids for the purchase of ISG Thermal Imaging Cameras and has awarded said
bid in accordance with state law to the lowest responsive, responsible bidder, the same being ADH
Marketing, Inc; and,
WHEREAS, the aforesaid competitive bids received by League City allow additional units
to be purchased under said bid; and,
WHEREAS, the City of Paris desires to enter into an interlocal agreement with the City
of League City pursuant to Section 791.025 of the Government Code to purchase two (2) ISG
Thermal Imaging Cameras from ADH Marketing, Inc.; and,
WHEREAS, it is deemed appropriate that the City of Paris purchase two (2) Thermal
Imaging Cameras through ADH Marketing as set out herein;
NOW, THEREFORE, FOR AND IN RETURN FOR THE CONSIDERATION AS
SPECIFIED HEREIN, THE CITY OF PARIS, PARIS, TEXAS, AND THE CITY OF
LEAGUE CITY, TEXAS, AGREE AS FOLWWS:
AGREEMENT
1. That the City of Paris shall be and is hereby authorized to participate in the bid and
purchasing process of the City of League City to acquire two (2) ISG Thermal Imaging
Cameras from the successful bidder, the same being AD H Marketing, Inc.
Exhibit A
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2. That the City of Paris shall be solely responsible for the cost of acquiring said cameras,
including temperature readouts, truck mountings, charging brackets, and all manufacturers
warrantees, as described in the specifications attached hereto and incorporated herein, said
cost being in the total amount of $31,270.00.
3. That the City of Paris shall pay any other reasonable costs incurred by the City of League
City as a result of the participation by the City of Paris in League City's bidding and
purchase process.
4. That any and all costs incurred under this agreement shall be paid from current revenues
available to the paying party.
5. That each party to this agreement finds and determines that the compensation paid and
received hereunder fairly compensates the respective performing parties for the services
or functions performed hereunder.
6. That the term of this agreement shall extend for the period of time necessary to complete
the purchases authorized hereunder, not to exceed one (1) year.
7. That this agreement shall be effective the date of the last execution signature hereto.
EXECUTED in multiple originals this 10th day of June, 2002 by the CITY OF PARIS,
PARIS, TEXAS:
Michael E. Malone, City Manager
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
EXECUTED in multiple originals each of equal effect this _ day of
by the CITY OF LEAGUE CITY, TEXAS.
,2002
Jeff Harrison, Mayor
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ATTEST:
Barbara Nugent, City Secretary
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.:. ..No.. 5.0586
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P.O.#:
VENDOR#: .
. PURCHASE REQUISITION
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PURCHASED FROM I VENDOR:
QTY ACCOUNT NUMBER DESCRIPTION OF REQUIRED PURCHASE UNIT PRICE TOTAL COST,
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APPROVED BY:
DEPARTMENT HEAD
VENDOR(S) CALLED FOR PRICING QUANTITY UNIT AMOUNT DELIVERY
PRICE DATE
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EXHIBIT A
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ADH'Marketing
3700 Bluebonnet
. Brenhamll TX 77833
V.oice: 979-eaO-0956
Fax: 979-886-7486
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Customer:
League City Fire Dept, City of
300 West Walker
League CIty, TX 77573
Sales Rep:
Purchase Order Number:
467 a 6
Ship Via:
!lana I>elive.r
Description
'l'al:l.sman Therm
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Invoi.:e NI:1lt'1ber:
1171
Date:
5/8/02
Page "iUIII\l.er:
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Ship To:
League City Fire Dep~.
601 Second St.
League City, TX 77573
Ship Date:
5/8/02
Te1'D $:
Net :1:J I>a~!1
ImaginIJ
tJoItPriu: . E~ tendeQ
12,9 0.00. 12,.900.00
1.00 SGVO
~era System (Yellow ROusing)
Overlay I~age Booster
Payment Due Date:
May :r. B, 2002
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Subtotal
Sales Tax
Freight .
1'at.a11:aYoice Amount
Pay.meat Receiveci
TOTAL DUE
900 . 00
90(1.00
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$1:1, SOl) .00
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Make .-/1 d1ecklt payeblll 110: ISG 1118rmat 8yR1m11r1c..
SUBroTAL r-~;; 30
SAlES 'tAX I H , A .
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VENDOR NAME
BID
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COMMENTS
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SUBJECT:
B(D#:
Citv HolL
ThennRJ 11M
02-009
TIME:
DA 1'E: Decem
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300 West ~;311~er Street
League City, T.~.tas 77573
TABULATION SHEET
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BID SPECIFICATIONS AND
INSTRUCTIONS
FOR
Thermal Imaging Camera
#02-009
Opening Date:
Wednesday
December 5, 2001
Opening Time:
9:00 a.m.
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Opening Location: Purchasing Depart ne:'lt
300 West Walker
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INDEX
General Inst:r'L1cti.ons , . . . . . . . . . . . .. .. .. .. . . .. .. .. .. ... .. ... ... . .. .. ... . , . .. . .. . . .. . .. .. . .. .. .. .. ... .. .. .. .. .. .. .. . ,
] 'age ]
Bid Specifications ... - - . - . . . . . . . . . . . . . . . , , , . - . _ . _ . . . . . . . . . . . . . . , . . . . . . . . . . .. .. ] 'age 9
Letter of Intent and Bid Submittal Form
'" ......... .......... .,... ............. '"''''
pz ge 13
Return Checldist
. .. . . . .. .. .. .. .. to .. .. .. .. .. .. .. .. .. .. .. .. .. . I . . . . . . . . .. .. .. .. ... .. .. .. ... .. ... ... ... .. .. .. . . . . . . . .. ..
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GENERAL INSTRUCTIONS AND BID SPECIFICATIO"'lS
FOR THE CONTRACTING OF
Thermal Imaging Camera
#02..009
The City ofLeaaue City, Texas is now accepting sealed bids for a Thennallmaging Camera BiC #02- '>09 .
Copies of the bid specifications may be obtained from the Purchasing Agent at City Ha.1l. 300 W 3St ,\ alker:
League City, Texas, from 10:00 a.m. tmtil3:00 p.m. Monday through Thursday.
The bids will be opened on Wednesday. December 5, 200 1 at 9:00 a.m. in City.Hall Bids must be ItI: jled
or hand delivered to the Office of the City Secretary by 8:45 a.m. on Wednesday, December 5.: .001. Bids
received after that time will not be accepted and will be returned unopened to the sender,' All bi Js mL st be
sealed in an envelope and marked in the lower left-hand comer, MBID FOR THERMAL IMAI }IN(
CAMERA N02-o09 - DO NOT OPEN" Bids sent via Fed-Ex or Overnight Mail must be SealE d in 2
separate envelope inside of the mailer. Vendors shall use the bid proposal fOtms supplied.. Faib: re tel jo so
may result in r~ection of your bid. All vendors are responsible tor the accuracy of their math. J. ill bie s
must be signed by a representative of the oompany authorized to do so.
Exceptions, deviations.., or alternative substitutions to the bid specifications must be typewritten Ja a
separate piece of paper and attached to the bid proposal and reference either by page number, sc ction or
subject the item for which the ~ption. deviation, or alternative substitution is being made.
The City of League City reserves the right to reject any and all bids, to waive irregularities, and .0 ae", "Pt
the bid deemed the most advantageous to the City.
All inquiries about this bid or specifications must be made to Chief Doug Bennett. League City' roluo ~eer
Fire Departri1ent, 601 2111I Street, League City, Texas 77573 or you may call him at 281/332-131 :.
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G..ra) speciflcatloDs (or Bids
to the City of Lallie City
1. Bids will be submitted on the forms provided by the City ofLcague City. All figures II]lj sf: be:
written in ink or typewriter. Figures written in pencil or erasures are not aooeptablc. H( 'wcy( r,
mistakes may be crossed out, COIICCtiOns inserted and initialed in ink by the person signi 18 tt:c
proposal If there are discrepancies between unit prices quotes or extensio~ the unit pl ice '" n
prevail.
2. EJECeptioDs to Bid
The bidder will list on a separate sheet of paper any exceptions to the conditions of the lid '[!Us
sheet will be 1abc~ "'Exceptions to Bid ConditiO.r;LS". and will be attached to the bid pre posaJ, If
no exceptions are stated, it will be understood that an general and specific conditions wi I be
complied with, without exception.
3. Pricing
Bids will be in lump sum and unit prices as shown on the bid sheet. The net price will bt delh:red
to the City ofLeaguc City. including all freight and shipping charges.
4. The City of League City is tax exempt and no taxes should be included in your bid.
S. The City of League City reserves the right to waive any minor intbrmality Or irregularity and 0
reject any and all bids and to accept the bid which, in its opfnio~ is most advaIItageous t ) the ~ity
of League City.
6. Dhlqualification of Bidders
Bidders may be disquali:tied and rejection of pro po sa! may be recommended to the City ( fLeE ~c
City for any of (but not 1imited to) the fullowing causes:
a. Lack of signature by an authorized representative on the bid form
b. Failure to properly complete the bid
c. Evidence of collusion among bidders
7.
Cl!aDges in Specificatious .
If it becomes necessary to revise any part of this bid, a written notice of such revision wi 1 be
provided to aD. bidders. The City of League City is not bound by any oral representation)
cla.rlficatioQS, or changes made in the written specifications by the City of League City's :;mplc yecs.
unless such clarification or change is provided to bidders in a written change form from 1 ne
Purchasing Agent.
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Protest
Any actUal or prospective bidder who is allegedly agarieved in connection with the solici Latior or
award of bid may protest. The protest will be submitted in writing to the Purchasing Ag mt ow chin
seven days after such aggrieved person lmows ot: or should have kDownofthe .facts givi ng Ii! .:
thereto. If the protest is not resolved by mutual agTCemcnt, the Purchasing Agent
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wD1 promptly issue a decision in writing to the ~tcstant. If the protestant wishes to a: ~l the
decision rendered by the Pu:rchssing Agent, such appeal must be made to the City ofLe IgUC I ~ity
through the Purchasing Agent. The decision of the City shall be:final. The City need IK t cell) dder
protests unless the procedure is followed.
9. Withdrawal of Bid
Bidders may request withdrawal of a sealed bid prior to the scheduled bid opening time ;n'ovi led
the request fur withdrawal is submitted to the Purobasing Agent in writing. No bids IDa r be
withdrawn for a period of ninety (90) calendar days after opening of the bids.
The invitation to bid which appears in the Newspaper, these general provisions, specific \tion~
whioh followt and the bid sheets attached are all considered as part of the bid.
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STANDARD PURCHASE TERMS AND CONDITIONS
CITY OF LEAGUE CITY. TEXAS
Seller and Buyer agrees as follows:
1. SELLER TO PACKAGE GOODS Seller will package goods in accordance with good ( uJll1'll :rcial
practice. Each shipping container shall be clearly and permanently marked as follows: (, ) Se[ ~r's
na.me and address; (b) Consignee's name, address, and purchase order or purchase relea iC n1.l1l]ber
and the supply agreement number if applicable (c) Container number and total number 0 f
containers, e.g. box 1 of 4 boxes; and (d) the number oithe container bearing the packh g s1i~.
Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably p l.Cke,j to
secme lowest transportation costs and to confurm with requirements of common carrier) and any
applicable specifications. Buyer's count or weight shall be final and conclusive on shipn lents lOt
accompanied by packing lists.
2. SHIPMENT UNDER RESERVATIONS PROHIBITED: Seller is not authorized to shi) the: ~oo<:u
under reservation and no tender of a biD. ofIading will operate as a tender of goods.
3. TITLE & RISK OF LOSS The title and risk of loss of the goods shall not pass to Buyer until
Buyer actUally :receives and takes possession of the goods at the point or points of delivl ry,
4. DELIVERY TERMS AND TRANSPORTATION CHARGES F.G.B. Destination Freiiht PI;paid
unless delivery terms are specified otherwise in bid: Buyer will be responsible for pick u] ~ of
merchandise within 10 miles of the City complex. In the event the merchandise is outsiC ~ tlu: lO
mile radius, Buyer agrees to reimburse Seller for transportation costs in the amount sp~ i:tied a
Seller's bid, or actual costs, wbichever is lower, if the quoted delivery terms do not inch.de
transp01"t3.tion costs, provided Buyer shall have the right to designate what method of
tranSportation shall be used to ship the goods. All deliveries will be on Tuesday, W edm: 5day,
and/or Thursday not before 10:00 a..m. or after 3:00 p.rn.
5,
NO REPLACElMENT OF DEFECTIVE TENDER Every tender or delivery of goods II ust 1111y
comply with all provisions of this contract as to time of delivery, quality and the like. If a terlller is
made 'Which does not fully conform, this shall constitute a breach and Seller sba11 not ba' 'e th~ right
to substitute a conforming tender, provide~ where the time for performance bas not yet expir ~
the Seller .may reasonably notiiY Buyer ofms intention to cure and may then make a con nmi ~g
tender withixl the contnwt time but not afterward.
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6. PLACE OF DELIVERY The place of delivery shall be that set forth in the block of the 'lurch C5e
order or purcbase release entitled "Receiving Agency". Any cb.a.nge thereto shall be eff( cted . ..y
; modification as provided in Clause 20, '"Modifications", hereof. The terms of this agree: uent lI'e
'no azrival, no sale"", All deliveries will be made on Tuesday, Wednesday, and/or ThutS! lay, :n It
before 10:00 a..m. or after 3:00 p.m.
7. INVOICES AND PAYMENTS
a.. Seller shall submit separate invoices, in duplicate. on each purchase order or purcbm a rele .1SC
after each delivery. Invoices shall indicate the purchase order or purchase release nlJ mbe:t' and
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the supply agreement number if applicable. Invoices shall be itemized and transport: ltiOiJ
charges, if any, shall be listed separately. A copy oftbe bill oflading, and the fi:eigh way bill
when applicable, should be attached to the invoice. Man to: Finance Dcpartment Ac COUl:! .5
Payable, 300 West Walker, League City, Texas, 77573. Payment shall not be due U ltil fb ~
above inst:tum.ents are submitted after delivery. Suppliers should keep the Finance I lepW1 ment
advised of any changes in your remittance addresses.
b. Buyer's obligation is payable only and solely from funds available for the purpose 01 this
purchase. Lack offunds shall render this contract null and void to the extent ftmds j IC nc: t
available and any delivered but. unpaid fur goods will be returned to Seller by Buyer.
c. Do not include Federal Excise, State or City Sales Tax. City sball furnish tax exeIQJ tion
certificate.
8. GRATUITIES The Buyer may. by written notice to the Seller, cancel this contract with >ut li: .bility
to Seller if it is determined by Buyer that gratuities. in the form of entertainment, gifts, (r
otherwise, were offered or given by the Seller, or any agent or representative of the Sell ~r. to my
officer or employee of the City of League City with a view toward securing a contract 0 r sec;.( ring
favorable treatment with respect to the awarding or amending. or the making or any det ::rmDJ .\tiom
with respect to the performing of such a contract. In the event this contract is canceled by E 1 .yer
pursuant to ~ provision. Buyer shaJl be entitled, in addition to any other rights and reI l.edie::; to
recover or withhold the amount oftbe cost incurred by Seller in providing such gratuitiE s.
9. SPECIAL TOOLS & TEST EQUIPMENT Ifthe price stated on the face hereof include 5 the cost
of any special tool:h1g or special test equipment fubricated or required by Seller for the p ..rrpo~ := of
filling this order, such special tooling equipment and any process sheets related shall bel :OIru: r.he
property oftbey Buyer and to the extent feasible shall be identified by the Seiler as such
10. WARRANTY-PRICE
a. The price to be paid by the Buyer sball be that contained in Seller's bid which Seller wam nts tc
be no higher than Seller's current prices on orders by others for products of the kind and
specification covered by this agreement for similar quantities under similar or like co nditic os
and methods of purchase. In the event Seller breaches this warranty, the prices ofU e iter IS
shall be reduced to the Seller's current prices on orders by others, or in the alternatr 'e, Bl yer
may cancel this contract without liability to SeUer for breach or Seller's actual exper :se.
b. The Seller warrants that no person or selling agency has been employed or retained 1 0 sol en or
secure this contract upon an agreement or understaDrltng for commission, percentag. :,
brokerage, or contingent fee excepting bona fide employees of bona fide established comr l.CICial
or selling agencies maintained by the Seller for the purpose of securing business. Fo ~ brcl ch or
violation of this warranty the Buyer sbaD. have the: right in addition to any other righl or Ii ;hts
.: to cancel this contract without liability and to deduct from the contract price, or Othl TWi.f;c
recover the full amount of such commission, percentage, brokerage, or contingent .fC e.
c. Due to the fluctuating prices of merchandise, any price changes for items bid on IIllll t be j l
writing and reviewed ewry quarter.
11. WARRANTY -PRODUcr SeUer s.ba1l not limit ot exclude any implied warranties and a lY at empt
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to do 50 shall render this coD1ract voidable at the option of the Buyer. SeUer wammts tl at tb
goods furnished will confurm to the speci:flcatio'OS, drawings and descriptions listed in tb ~ bid,
invitation, a:od to the sample(s) furnished by the Seller, ifany. In the event ofa conflict hetwe m
the specifications, drawings, and descriptions. the specifications shall govern.
12. SAFETY W A1tR.AN1'Y Seller warrants that the product sold to Buyer sball conform to the
standards promulgated by the U.S. Depart::rnent of Labor under the Occupational Safety md E ealth
Act of 1970. In the event the product does not conform to OSHA standards~ BUyt:r IDa.:' retu 'n the
product fot' correction or replacement at the Seller's expense. In the event Sener firils to ma1o~; the
appropriate correction within a reasonable time, correction made by Buyer will be at Sel er's
e:x:pense.
13. NO WARRANT BY BUYER AGAINST INFRlNGE:MENTS As part of this contract f.)r sat.:,
Seller agrees to ascertain whether goods tna.D.l11actured in accordance with the specificat om
attached to this ~ement wiD. give rise to the rightful claim of any third person by way , If
infiingement or the like. Buyer makes no warranty that the production of goods, accord ing tc the
specification. wiD. not give rise to such a c~ and in no event shall Buyer be liable to S ~ller j Jr
indemnification in the event that Seller is sued on the grounds ofinftiogement or the like If:3.:ller
is of the opinion that an infringement or the like will result, be will notifY Buyer to this e~ feet i 1
writing within two weeks after the signing of this agreement. If Buyer does Dot receive: IOticc and
is subsequently held liable for the infringement or the like, Seller will save Buyer harml~ 3. If ~eJler
in good faith ascertains that production of the goods in accordance with the specificatioI.s wit
result in infiingement or the lik"'C, this contract shall be null and void except that Buyer w II pa~
Seller the reasonable cost afhis search as to infi:in.gements.
14. RIGHT OF INSPECTION Buyer shall have the right to inspect the goods at delivery be ore
accepting them.
15. CANCELLATION Buyer shall have the right to cancel for default all or any part of the Ilttde.ti l'ered
portiOD. of this order if Seller breaches any of the terms hereof including warranties ofSe lIer (I" if
the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation i; in
addition to and not in lieu of any other remedies which Buyer may have in Jawor equity.
16. TERMINATION The performance ofwork under this order may be terminated in whol( Or io part
by the Buyer in accordance with this provision. Termination of work hereunder sball be ~1fe(;1 ed by
the delivery to the Seller of a "Notice ofT ermination'" speciiying the extent to which pel roml1 .nee:
of work under the order is ter.m.inated and the date upon which such termination become) e:ffi~ ::tive.
Such right oftennination is in addition to and not in lieu of rights of Buyer set forth in C.ause 15,
herein.
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17. FORCE MAJEURE It; by reason of Force Majeure, either party hereto shall be rendem: unal Ie
wholly or in part to carry out its obligations under this Agreement then such party shalll ive n ,tice
and full particulars of such Force Majeure in ~g to the other party wIthin a reasonab.e tir:o .:
after occurrence of the event or cause relied upon, and the obligation of the party giving such
notice, SO fur as it is a1fected by such Force Majeure, shall be suspended during the conti 1U81].( e of
the inability then claimed, except as hereinafter provided, but for no longer period, and S' lCh I',1l1y
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shall endeavor to remove or overcome such inability with all reasonable dispatch.
The term Force Majeure as employed herctin, shall mean acts of God, strikes, lockouts, or I lther
indus1ria.I disturbances. act of public enemy. orders of any kind of government of the Unite 1 StEd ~ or 1 be
State of Texas or a civil or militaIy authorityt insurrections. riots. epidemics, Jandslides, liB JtnUI.! .
earthquala:t, fires, hmricanes, storms. floods, washouts, droughts. am:sts, restraint of gOYel nmCD. and
people, civil disturbances, explosions. breakage or accidents to machinery, pipelines, or ca l.Ellst ( (' othe r
causes not reasonably within the control of the party claim1ng such inability. It is understo ,cI a1lil: agtel:d
that the settlement of strikes and lockouts shall be entirely within the discretion of the part) bav:~ g the
difficulty, and that the above requirement that any Force Majeure shall be remedied with a I reas mabh:
dispatch shall not require the settlement o~strikes and lockouts by acceding to the demand: oftt,;
opposing party or parties when such settJeInent is un13.vorable in the judgement of the part: , ba.vi IS the
difficulty. '
18. ASSIGNMENT -DELEGATION No right or interest in this contract shall be assigned Of d:c Jegati on
of any obligation made by Seller withou~ the written permission of the Buyer. Any at1 empt if or
delegation by Seller shall be wholly voiq and totally ineffective for all purposes unless lI1ade in
conformity with this paragraph.
19 . WAIVER No claim or right arising out f)f a breach of this contract can be discharged Tn wib J Ie OJ in
part by a waiver or renunciation of the claim. or right unless the waiver or renunciatioJ is Sill .>port,:d
by consideration and is in writing signed by the aggrieved party.
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20. MODIFICATIONS This contract can be modified Or rescinded only by a writing sign.:d by both I)f
the p~ies or their duly authorized agents.
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lNTERPRETATION-P AROL EVIDENCE This writing is intended by the parties as l fin.ll
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expression oftherr agreement and is int~ed also as a complete and exclusive statem :nt 01 the
terms of their agreement. No course ofprior dealings between the parties and no usa;;e of he
trade shall be rele~ to supplement or explain any term used in this agreement. Ace ;ptau :e of
acquiescence in a course of performance rendered under this agreement shall not be rc levar c to
determine the meaning of this agreement even though the accepting or acquiescing pa 1y he j
lcQow1edge of the perfonnance and opportunity fur objection. Whenever a tc:rm dew ;dJJ:' the
Uniform Commercial Code is used in thts agreement., the definition contained in the C lde ~ to
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APPLICABLE LAW This agreement shall be governed by the Uniform Commercial (;ode.
Wherever the term "Uniform Commercial Code" is used, it shall be construed as meal .ing f le
Uniform Commercial Code as adopted in the State of Texas as effective and in force (In the date =>f
this agreement. '
ADVERTISING Seller shall not advertise or pub~ without Buyer's prior consent, . .be :61 ~ tba:
Buyer has entered into this contract, ex~ept to the extent necessary to comply with pr Jper: eque:;ts
for information from an authorized representative of the federal, state, Or local goverr ment
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RIGHT TO ASSURANCE Whenever dne party to this contract in good fiI.ith has rea: on t;J
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question the other party's intent to perfo~he may demand that the other party give v. dtte:o
assurance ofhis intent to perform. In the event that a demand is made and no 8.SSUnUlt e is .~ lven
within five (5) days, the demanding party may treat this fiWure as an anticipatory repuc iatioJ ofth ~
contract.
25. VENUE Both parties agree that venue ~r any litigation arising from this contract sha! lie ir
League City, Gal'Veston County, Texas. :
26. PROHIBITION AGAlNST PERSONAL INTEREST IN CONTRACTS No officer 01 em]' oyee :Jf
the City shall have a financial interest, difect or indirect, in any contract with the City, >r sb.t II be
:financially interested, directly or indirectly, in the sale to the City of any land, materiah: SUP: ,lies c r
service. except on bd1a1f of the City as an officer or employee. Any willful violaDon 0 ~tIili~ ~tio 11
shall constitute malff"AsaD.Ce in office, an4 any officer or employee guilty thereof shaD. 1 e sut ,eet tc I
removal from his office or position. Any violation of this section, with the knowledge expr ~ss1y
implied, oftbc person or corporation contracting with the City sball render the contnu t inVt .lved
voidable by the City Manager of the Council
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GENERAL SPECIFICATIONS FOR THERMAL IMA(:IN!!
C.AMF.RAS
Intent of SpecificatioD8~
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The following set of specifi~ions dcscn"'bes a commercially produced The! mal
Imaging Camera, the associated hardware and software. Any system offered in TeS)lOI1Sl~
to this bid sball be designed to allow upgrading and interchange with other COa1jJOJ ents
of the same ,manumcture. The Therrn8l Imaging Camera system delivered under thl :se
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specifications shall be standard co~ial products that exactly meet the requiret:l Lent!:
of these specifications. The components and optional equipment shall be represented in
the manufactures current sales and technical data. Ma.teriaIs used in constnlctIon 0 .. the
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Thennallnutging Camera shall be new and not less than the quality conforming to
modem engineering and man.u.&cturing practices. Materials shaIl be free of defects and
suitable for the service intended. I
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SDccificati?D Bid ReQuirements
Bidders must indicate wheuJr or not their bid precisely complies with eact
paragraph specified. Because equipI:Qent specified is to be used under emergency a 1d
hazardous conditions where human life may be at risk, any exceptions to these
specificatiol)S must be clearly pointed out and explained, otherwise it will be COnsillerccl
the items offered are in strict comp~ce. Q bid proposal will be disqualified ifit is
discovered that the bidder :falsely indicates compliance with a specific component.
Bidders must furnjsh with bid de$Crlptive literature and complete specifications co !erin!
the prodUCt$ offered. ~
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It is not the intent of these sp,ecifications to call for neWt unusual, OT exper ment u
equipment, therefore the Bidder must provide documentation indicating the length of
time the manufactur::r has.been manU.&.cturing Thermallmaging Cameras m1d ~
number oflJIllts in service to date. !
Quality Assurance
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The csment system compOneIrtS (parts and accessories) shaD have a minim un c,: ' a
one (1) year warranty to include parts, labor, and freight If applicable. The manum~tur.~'
shall provide a 48 hour turn around ~~ service to the equipment in such a m mnCJ
to place the .camera system back in operation within 72 hours or provide fOT the u: ,e of
loaner equipment comparable to that in question.
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Physical and Perfonnance Specifications
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1. The camera shall be a thermal imaging system capable of imaging infrarl:d
radiation in the 8 to 14 miPron spectral wave-length and have been
specifically designed for use in the firefighting enviromnenI.
2. The camera shall be hand-hel~ and portable allowing it to be passed :frc In on ~
firefighter to another withp1 a fire environment without doffing any artic Ie of
personal protective equipment.
3. The camera's viewfinder must incorporate a "straight-through'" line Of5ight i 1
order to enable the camer~ to be used to visualize the user's footing ane
surrounding environment While ascending and descendin,g stair steps or ladd~ r:
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4. The camera shall use a solid-state focal plane array infrared ~r.
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5. League City Fire DepartIIj1ent has selected the measurement ofNETD r lther
than MRTD to measure ahd certi1Y a camera's sensitivity to infrared or
thermal radiation. The maximum NEro specification acceptable shaill ~ 70
mK.
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6. The camera shall weigh np mOre than 5 pounds
7. The camera shall be equipped with an automatically activated aperture .'T iri:
that senses sensor in:frare~ overload and adjusts the camera's sensitivit~
accordingly to ensure high image quality in extreme heat environments The'
automatic operation shall be controlled by on-board systems and shall lie ful: 'f
automatic requiring no input or adjustments from the firefighter using [ 'le
equipment. !
The automatic aperture dr iris in the camero sball incorporate not more than
two ,moving metal leaves ithat are inherently designed to maintain the
jirefighter vision and safety in the event of a mechanical or electrical in ,
fuilure by defaulting to thb open position.
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The camera. will operate ~n Nickel Cadmium rechargeable batteries wi1 h a
miniJnwn of 3 hours operations time per charge or Nickel Metal Hydril ~e
rechargeable batteries with a rninimwn of 41/2 hours operating time pc r
charge or disposable AA!type alkaline batteries.
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The camera will be supplied with two (2) NiMH batteries and one (1) \A t) pc
alkal,ine battery adapter. !
11.
The camera will be supp~ed with a NiMH battery charger. The charge'. will. >e
equipped with the ability!to operate on either AC or DC power.
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12. The video signal shall be of enhanced resolution and shall be displayed on
mini-CRT computer monitor for maximum clarity allowing firefight~ to
distinguish objects otherwise Drot seen using standard video signals that are
projected on liquid crystal disP,lays.
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13. To ensure the waterproofing ~te.gri1y of the camera in all situatjo~ the
camcyra shall be designed to isolate the internal electronic systems from all
user accessible areas including: the battery compartment. The camera must
conform to IP67 waterproofing standard with the battel)' compartment in tl: ~
open position while the battery. is being changed.
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14. The camera shaU be designed With magnification optics incorporated into tb :
image display allowing firefighters to hold the camera directly against thE:ir
mee, or filcemask, with the viSor touch.inz the firefighter fhce, or SCBA
facemask and still be able to optically focus on the image allowing for the 111 e
in very dense smoke environm:ents where visibility is zero.
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15. Lens -assembly transmission vrilue shall not be less than 98%.
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16. The camera shall be equipped 'with a pistol grip handle that is easily detache j
from the camera without the Jse of any tools to allow for compact storage: nd
case of:use in confined space situations.
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17. The camera will be supplied "'{ith a storage case that is waterproofand built in
such a manner that will protect the camera from shock abuse while not in u; e.
18. The camera shall be supplied with a visual camera that on demand can overlay
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video images over the thermal image (video overlay). The system shall be 0:-
CeD type and have a minimum rating of not more than 0.05 lux. The
resolution shall be 510 x 492 pixels. The video overlay feature will be
controlled by a single waterpcoofbuuonlswitch installed On top of the CllmL fa
housing. One press 011 the swi:tch will tum the feature on and another press
will turn it of[ !
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19.
The cameta shall have the ca~ility of being fitted with a digital pyrometer
that shows true surfuce tempe~ature readings. The temperature reading shal ;
be displayed in the :firefighter'~ field of view.
The camera will have the abili~y to be fitted with a digital spread spectrUIn
transmitter/receiver system. The receiver will have the capability of receivir. g
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signals from multiple (1,2,3, Qr 4) trnnsmitters by allowing the user to se1ec: a
specific "channel" for a spec~c transmitter. The digital spread spectrum
transmitter system will broadCast its signal in an encrypted code to virtually
eliminate the poSSlbmties of ~ Wlwanted party retrieving the signal. The
transmitter will be capable of~eirtg intemally or externally mounted. The
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externally mounted version will be removable to allow its use on mote t 1a.Q
one camera. Both transmitters will be powered by the camera's battery. .
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LEITER. OF INTENT AND
BID SVBMlTTAL FORM
#02-00
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Purchasing Agent
City of League City
300 West Walker
League City. Texas 77573
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1, . (~oDtractor) have reviewed the bid spccificatic llS 81] :J
proposed contract with the City of League CitY.. .
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I herein agree to abide by the terms of the Bid Specifications and herein submit the attached l.id pr )posa:.
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SIGNED on this the
day of
.20_"
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.TOTAL BID PRICE $:
Business MailiD. Addnlss
Autbori%ed Representative's Primed l' iame
City, State, ad Zip Code
Authorized Repnlsmrtative's Sipat1U1:
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Tclcphonc
Date:
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CHECKLIST
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The following items are to be retumed to the Qity as part of the bid pac~e:
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LJ Letter of intent and bid submittal form !
[] Documentation showing Jength of time lmanu&cturer has been manufact1lri.ni Thcl'll111 !mil &iog
Camera and the number of units in service to date.
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Fire Research
26 S9utbern Blvd
NeScomet, NY 11767
Scott Health & Aviation
4217 Peppertrce Avenue
Concord, NC 28027
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Casco lDdustries
PO Box 8007
Shreveport, LA 77148
ADH Marketing
3700 Blue Bonnet Blvd
Brenbam, TX 77833
Four Almm
PO Box 448
South Houston. TX 77587-0448
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