05-F Thermal Cameras (ILA)DRAFT
F:ALIMRESWORK\CiJRRENT\Thermal Imaging Cameras FD Res
June 6, 2002
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AUTHORIZING THE EXECUTION OF AN INTERLOCAL
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 ofthe 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; and,
WHEREAS, it is further deemed appropriate that the City Manager be authorized to execute,
on behalf of the City of Paris, an interlocal 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 lOth day of June, 2002.
Michael J. Pfiester, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
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 ofthe 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 FOLLOWS:
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 ADH Marketing, Inc.
EXHIBIT A
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 lOth 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 , 2002 by
the CITY OF LEAGLJE CITY, TEXAS.
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
VENDOR
DEPARTMENT
~ PURCFIASE REQUISITION
'i YG L DATE: UZ .
PURCHASED FROM / VENDOR:
VENDOR ADDRESS:
~ No- 5.05fi6
P.O. it: L-` / `f' 1-:*
QTY
ACCOUNT NUMBER
DESCRIPTTON OF REQS7IRED PURCHASE
UNIT PRICE
TOTAL COST
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. TOTAL
~ l /70-
REQUESTED BY~-P1/111 APPROVED BY:
DEPARTMENT HEAD
VENDOR(S ) CALLED FOR PRICING
QUANTITY .
UNIT .
PRICE
pMpUNT
DELIVERY
DATE
PPROVED: RE OF•-F!PlANCE
.
AQH Marketing
3700 Bluebonnet
Brenfiam, TX 77833
r
voice: e79430-0956
.
Fax: e79-836-7436
Casiomer.
I,eague City E'ire Bept, City a£
300 Weet Walker
League CIty, TX 77573
9ales Rep: purchase Order Number. Ship Yia:
4 67 8 6 Bhnd Deliver
7nvoi,:e Nu myer:
ii7i
Date:
5/8/02
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i
Ship To:
League City Fixe Depz.
601 Second 3t.
League City, TX 77573
3Hip Dater Tero s:
5/8/02 Net 13 Da2 s
NumAwx
' Descripdon
UaitPriee
Es teadei7
1.00
ISG 0
SG K90 Ta2isiaan TYsermal lmaging
12, 9 0. 00
12, 90t7. 00
amera System (Yellow gousing)
2.00
SGVO
ideo Overlay Smage Booster
900.00
90('.00
I
1'ayment Due Date:
May 18, 2002
5ubtotal
Sales Tac
Freight .
Totai Iavoice Amotmt
Paymat Received
TOTAI, DYJE
13,870.00
:13.8)0.00
$1:~, 8011 .00
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300 West Vi%R11cer Street ~
Leagiic City, Tcxes 77573
8[D TA8ULA1'fON SH'CET -
5Uf3JECI': Thermaf lmneine Camera
D[D 02-009
AATE: December 5. 2001
PLACC: Citv Aell
T1ME: 9:00 w.m.
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BID Sl'ECIFICATI4NS AND
INSTRUCTIONS
FOR
Thermal Iznaging Camera
#o2-oos
4pening Date:
Opening Time
Wednesday
December 5, 2001
9:00 a.m.
Opening Location: Purchasing Depart ne, it
300 West Walker
60(t 'Q'3 h.LI0 3d9V3'I LEZLZG£iBZ YYd 6C:9T ZO/CT/Sp
INDEX
Geaerallastcuctions 1'age]
Bid 5peciSrations ]•sge 4
Lettet of Intent and Bid Submittal Fo►m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F'a ge 13
Retum Checklist . P'ige14
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GENERAI, INSTRUCTIUNS AND BID SPECIFICATIGvS
FOR THE CON1RA.CTIIVG OF
Thermal Imaging Camera
#02-009
The City of League City, Texas is now accepting aeaZed bids fior a Thermal Imaging Camera Bic #02- )09 .
Copies of the bid spesi$cations may be obtained from the Pwchaqing Agent at City Hall, 300 VV sst 1131kker.
League City, Tezas, from 10:00 am. uati13:00 p_m Monday through Thursday.
The bids wi71 be opened on WednesdAy. pecember 5, 2001 at 9:00 a m. in City Ha1]_ Bids must be m: .ited
or hsnd del'rvered to the Office of the City Secrtta,y by 8:45 a.m. on Wednesday, December 5, ;,DOl. Bids
receivad after thatt time will not be accepted and will be returned unopened to the sender. All bi 15 mL st be
sealed in an envelope and marked in the lower left-hand corner, "$IA FOR TRFRMAi, E"4' Iy(,
CAMEItA Vf02-009 - DU NO'I' 4PEN" Bids aent via Fed Ex ar Overnight Msu must be sealt d in z
separato envelope inside of the mailer_ Vendors shaq use the bid propOSal fornu supplied. Faili re tci io so
may result in rcjecrion of your bid. AR vendors are responsible for the accuraCy of their math. ~ ill bic s
musc be signed by a representaxive of the compmy suthorized to do so.
Exveptions, devisaoas, or altemarive subskiwGOns to the bid speciScarions must be typewritten :?n a
separate piece of paper and attached to tha bid proposai and reference either by page mimbcr, se ction or
subject the item for which the exCeption, deviaiion, or alternative substihrtion is being made.
The City of League Ciry rese[ves the right to ,-eJect any and all bids, to waive irregulariries, and o ac< eps
the bid deemed the most advantageous to the City_
All inquiries about this bid or speci&cations must be made to Cluef Doug $ennett, League City ' roiuo :eer
Fire Department, 601 2°d Street, League City, Texas 77573 or you may call him at 281/332-13I
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Gcneral Bpecifieatioaa for Btds
to the City of Leagoe City
1. Hids wffi be submitted on the foxms provided by the City of League City. All figures mn st be;
written ia ink or typewriter. Figures written m pencit or erasures are apt aGCtptabl,e. Hc wcwc r,
vistakes may be crossed out, coirections insetted and 'mitialed "m ink by the peLSpn signi ip tl :t
proposaL Ifthere aze discrepancies between wut prices quotes or extensians, the tmit ps ice Nv ll
PrevaiL
2. Exceptions to Bid
The bidder wilt list on a separate aheet of paper any exceptions to the conditions of the t id. ,his
sheet wM be labeled, "Exceptions to Bid Conditiovs", and will be attached to the bid prc pos-i. If
no exceptions are stated, it wiU be understood that aII gtntral and specific canditions wn ! be
complied with, witPiout exception
3. Prieing
Bids wRl be m himp sum and uart prices es shown on the bid sheet. Thc net price wM bc deli% m-ed
to the City of League City, mcluding all &eight and shipping cbarges.
4. The City of League City is tax exeapt and no taxes should be included 'm yaur bid.
5. 2he City of League City teserves the right to waive any minpr intbrmaliry or aregularity ead o
reject aay and all bids and to aecept the bid wluch, in its opauon, is most advantageous t> the 2ay
ofLeague City.
6. Disqnalification of Bidders
Bidders raay be disqualified ead rejection of proposal may ix recommended to the City c f Lee ;ue
City far auy of (but not limited to) the following causes:
a. Lack of sigoatiQe by an authorind represcutative oa the bid fonai
b. Faifure to ptoperly compiate the bid
c. Evidence of collusion among bidders
Changes iu $pecificxtions
If'rt lxcemes neeessary to revise aay part ofthis bid, a wiittea natice of such revi4ion wi 1 be
provided to aIl biddecs. The City of League City is not bound 6y aay aral representaxion s
clarificarlqps, or changes made in the wriYten speci$cations by the City of League City's amp.l( yees,
unless such clariScation or change is provided to bidders m a written change form from 1110
Pumhasing Agent.
8. Proteat
Any ectual or prospective bidder who is aIlegodly aggrievod in connection with the soHc) tatior or
awazd of bid may protest. The protest w71 be submitted ia writing to the Purchasing Ag mt va [hm
seven days a8a such aggrieved peisoa knows oA or should havc lmowa of the facts givi ng
thereto_ If the protest is not resolved by mutual agreement, the Purchasing A,geut
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wlll Prompt1Y issue a dxision in writing to the protestani. If tha protestant wishes to a rpeal Lhe
dxision rendared by the P=besinB 1'►Sent, such appeal must be made to the City ofI.a gue 1 ;ity
thmugh the Ruchasmg Agent. The decision o£the Ciiy shall be final. The City need ix t con ,ider
protests unless the prncedure is followed.
9. WithdrawalofBid
Bidders may request withdrawal of a sealed bid prior to the scheduled bad openmg time 3rovi led
the request for withdrawal ia submitted to the Purchasing ABeat in writing. No bids ma r 6e
withdrawn for a period ofninety (90) calendar days after opeaieg of the bids.
The Invitarion to bid wbich appears in the Newspaper, these genm'al provisions, specific uion:
which follow, and the bid sheets attached 2re all considered as patt of the bid.
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STANDARD PURCFIASE TERM9 ANp CONDITTONS
QTY OF LEAGUE CTTy, TEXAS
$Cl1EI 21ud BuyCI' AgiCGB d9 fOllOW9:
SELI.ER TO PACKAGE C,OOAS Seller wflt package goods in accordance with good c omm :rctal
piaciiCe. Eeeh sh3pping COnra;npr Shal] ye cIearly end petmaneatty mazked as follows: (7 ) Se[ or's
name and address; (b) ConsiBaee's nanie, address, aad purchase order or purchase relea;e mc uber
and thie suPP13' agree••,•,,« number if appticable (c) Contamer number and total nvmber o f
coatainers, e.g. box I of 4 boxes; and (d) the number of the contamer bearing the packir g sli;,.
Sellcr shall bear cost of packaging uniess othenvise provided. Goods shall be suitably p icked to
secime lowest iransportation costs aad to conforcn viRh requirements of comman prriei s anci any
apptitable speci$cations. Buyer's courn or weight shall be fmal and conclasive on shJpo jents eot
accompanied bY Paclcin8 lists.
2• sHIPMENT UNDBR RESERYATIONS PROHISTTEp: Selter is naY authorized to shi ) the ;ood:
under x'eservation and no tender of a bM of lading wn11 operate es a tender of goods.
3. IITLE & RISK OF LOSS 1'he title and risk ofloss ofthe goods shai! not pass to Buyet umit
Buyer accually receives and takes possession of the gnods az the poinY or points of deliv(T}r.
4. DELIVERY TERNfS AND TRANSPQRTATTON CIIARGES F.O.B. Destiaation Freil ht Pi paid
unless delivery tenns ue spocffed otherwise m bid: Buyer will be responsible for pick uj r of
merchandise withm 10 mles of the City wmplex. In the event the merchandise is out9ic c the: 10
mile radius, Huyer agrees to tein'ibtuse Seller for transportatioa costs in the amounr speF YSed a
Seller's bid, or actual costs, whichever 3s lower, if the quoted delivery terms do not mch de
hansportation ccrsts, provided Buyer shari have the right to designate wbat method of
transportation shall be used to ship the goods. All deliveries will be oa Tuesd.ay, Wednc Sday,
and/or Thucsday not bafure 10:00 a.m. or after 3:00 p.m
5. NO RBPLACEMENT OF DEFECTiVE TENDEIt Every tender or delivety of goods II ust ii lly
comply with aD provisions of this conmct as to tiau of de&very, quality and the tike. If a ten, ler is
made which does not fully conform, this shall constrtute a breach and Seller sball not ha, e thin right
to substitute a confotming tender, provided, wbere tho time fnr performance Las not yet oxpit A,
the Seller may reaspn.ybly nottfy Buyer of his intention to cure and tnay then mak,e a con :ormi tg
tender witlvn tbs wntiact time but not aftervvarrd.
6. PY.ACE OF DELNERY The place of delivery shall be that set forth fn the block ofthe rurcli ise
order or purchase reIease wtitted "Receiving Agcncy^. Any ch2nge thereto shall be efta cted '+y
, modiSc3tion as provided 'm Clsuse 20, "ModificaCions", hereo£ The terms of this agree: nent uc
`~no arrival, no sale^. A12 deiiveries will be made on Tuesday, Wednesday, aad/or Thursday, :n )t
before 10:00 a.m or after 3:00 p.m.
INVOICES AND PAYMENTS
a. Seller s6aII subcmit separato javaicoy, ia gupiicate, on each purchese order or purcha: z rele ase
after each delivery. invoices shall indicate the purcbase order or purchase release nu m6er and
4
60 Z 'Q'3 dSID 3119Y3'! LS'ZLZCCTBZ YY3 6C:6T ZOlCi/SO
the SUPP1Y agceement number if applicable. Invoices shaD be itemized and trauspprt; Ltion
charges, if any, shaU be listed separately. A copy of the bffi of ]ading, end the freigh way bIIl
when applicable, should be attached to the mwice. Mal to: Finance Depazhxxent A, cow3.5
payable, 300 West WaIlcer, League City, Texas, 77573. Payment shali not be due u Ytil tih ~
above msr+umenra are submitted after debvery. Suppliers should keep thc Finance I,epail ment
edvised of azry changes fa your temit*prce addres,yes,
b. Buycr's obligation is payable only and soleIy from fimds available for the purpose oi this
pTarchase. Lack of fvnds shail render this contraet null and void to the eactent funds ; re nc d
available and any delrvezed but unpaid foc goods wn71 ba retumed to Seller by Buyer.
c. Do not incIude Federal Excise, State or City Sales Tax. City sball fiunish tax exemF tion
certiScate.
GRAT'CTI'IfES The Buyer may, by written notiee to the Seller, cancel t.his contract with>ut ].i:.bffity
to Seller if it is determined by Buyer that gatuities, m the form of entertainmaut, giSs, c r
otherwise, were o~'iered or given by the SeIler, or auy agent or representative of tho Se➢ er, to any
officer or employee of the Ciry of League City with a viow toward securing a contract p r seci ring
favorable treatment with respect to the awuding or amendictg, or the msldng or any det :rmn] uiomt
with respect to the performing of such a contract. In the event thes contract is canceled by B i.yer
pursusnt to this pruvision. Bi+Yer sheIl be entitled, in addicion to arry atfier rights and rec ledie~- to
rewver or wfihhold the amowrt ofthe wst mcu[red by SeIler in providing such gratuitie s,
9. SPEGTAI, TOOLS & TEST EQLTIPMMEN'T If che price stated on the face hereof includc s thc: r.ost
of any special toolmg Or special test equipmemt fabricated or required by SeIIer for the p upo: ; of
filling this order, such special tooling o4uiPment artd any process sheets mlated shall be-:omc: t.he
properry of they Buyer and to the extent feasble s6sll be identffied by the Seller as such
10. WARR.9NTY-PRICE
a. The price to be paid by the Bvyer shall be that contained in 5cller's bid wluch Seller wan:.nts tc
bc no Irigher than Seller's currezrt prlces on ordei5 by others for groducts of the kino and
specification covered by this agreemeut for similsr quantitits under similar or Mca co rlditic ns
and methods of purckiase. Iu the event Sellcs breaches this warranty, the prices of t} e iter is
shall be reduced to the Seller's current prices on orders by others, or m the altema&e, Bi yer
may cance2 Wis comiact without liabUy to SeDer for breach or Seller's actual exprs se.
b. The Seller wanants thaz no person or seIIing agency has been employed or retained t o sol cit or
secure this contract upon an agreemerrt or understandiug fpr commission, percrntag;,
brokerage, or contingeut fee excepting boaa fide employees of bona fide established comt urcia l
or seIting agencies mamtained hy the SeUet for tha purpose of securing busmess. Fo: bref ch or
violat}on ofthis warranty the Buyer shaIl have the right m additioa ta any other righl or ri ~its
- to cancel this comract wit6out liabity and to deduct 5com the contract pxice, or otht xwi:a
recover the full amount of such conunission, percentage, brokexage, or wntmgent fe e.
c. Due to the fluctuating prices of mmchandise, airy price changes fpr items bid on mu: i be i i
writing and reviewed every quarter-
11. WHRRANTY-PRODUCf Seller shall aot limit or exclude any mmplied wazranties and a iy at empt
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to do so sLall render this conT:act voidable at ttte option of the $uyer. SeUer wurtants U at tku
goods fini5hcd wM confotm to the speciScations, drawings and descripfions listed ia th : bid.
amvitacion, aad to the sample(s) fiimished by the Se1kr, if nny. In the event of a confict 1)etwe,.n
the specifications, drawiongs, and dosciiptions, the speciSca#ions shsll govem
12. SAFBTX WARRANTY 5elter vvanants that the pmduct sold m$uyer shall confoim tp tIe
stazidards promuigated by the U.S. Deparbrtent ofLabor undtr the Occupational Safety u►d 1= ealth
Act of 1970. In the event the product does not conforqn to OSHA standatdg, Buyer ma! rettc n the
product for correction or teQlaccment at the Se➢er's expenso_ In tha event SeIler fAs to mala the
appropriate correction withia a reasonable tiane, correcrion made by Buyer wUl be at Sel cr's
expense.
13. NO WARRANT By BUYER AGAINST INFRINGEMENTS As part of this conhact f>r sal
Seller agrees to ascertain whcther goods ma,nufacivred in accordanco with the specificat oas
attached to tlris ag:cement wM give rise to the rightful claim of any third person by way .,f
infringemeai or the 1ice. Buyer makes no warraniy that ihe production of goods, accard ing tt the
specification, wffl not give risc to such a c]aim, apd m no evavt shail Buyer be liabte tu S:ller !.)r
frtdemnification m the event that Sellet is sued on the grounds ofinhingemem or the hke If 3:Iter
is of the opinion that an infrmgemern or the ldce wll result, he wia notify Buyer to this e, Fect i i
writiag within nvo weeks after the sigaing afthis ageement. If Buyer does not receive :loti,ce and
is subsequently held liabk for the infringemet►i ar the hco, Scller wili save Buyer harmle; s. Ii' ;e12er
in good faith ascertams that production o£the goods m accordanee with the specificatio[ s wil
xtsult in infi9ngement or the h7ce, this coatract sb,all be null and void except that Buyer w ll pa;
SeIler the reasonable cost of his seatch as to iufringements.
14. RIGHT OF IN5PECITON Huyer shall havc the right to impect the goods at delivery be ore
acccptirng them
15. CANCBT,LATION Buye[ shall have the right to cancei for default all or any part of the I Lnde.6 vered
portion of this order if SeIIer breaches any of the terms bereof including warranties of Se lla cr if
the Seller becomes iasolveat or comtwits acu bf banknxptcy. Such right of cancellatioa i s in
addrtion to and not in lieu of arry other remedies which Buyer may have in Iaw or equ{ty,
16. TERMIWATiON The performance ofwork under this crrder may be terminated ia whole or io part
bl' the Buyex' ia accordance with this provision Temination af work hereuadet shall be zffec^ ed by
the delivery to the Seller of a'Notice of Termination" specifying tbc extent to which pet fnr¢c nce
of work tmdec the order is terminated and the daie upon which such termiriation become s efii, :tive.
Such riglrt of texminaaon is m addition to and not in $eu of rights of Buyer set forth in C.ausF: 15,
het+ein.
17. FORCE MAJE[IRE 4 by reason of Force Majeurc, oither party hereto shall be renderec uaat le
wholfy or m part to carry out its obligations timder this Agteettleut tlren such party s$all I ive n)tice
and full pg*hmulm of such Force Majeure in writing to the other party within a reasonab e tira :
after occurrence of the event or cause relied upon, and the obligation of the party giviag such.
notice, so far as rt ls affieeted by such Force Majeure, sball be yuspendod duriiog the eopti =.c e of
the mabi7ity then claaned, except as hereina$er provided, but for no longer period, and s ich p, irty
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shall endeavor to remove or overcome such mabgity with all reasonable dispatch.
ihe teen Fomc Majevre es empioyed herein, ahall mesn aats a£ God, strikes, lockrnus, or other
iaduMiai diswrbances, act of public enemy, orders of mry kind of govemmeat of the Unrte 3 StEa ~s or 1 he
Stabe of Texas or a civU or mltary autharity, iosurrecrions, riots, epidemies, landslides, llg tun.! ,
aarthquake, fires, fisricanes, atorms, floods, washouts, droughts, srrests, restraint of gova ruaeo, end
people, civ7 distucbances, explosioms, bteakage or accidents to mach"viery, pipel3ncs, or ea uls, c r othe r
causcs not trasonably witim the control of tha party claiming such lnabfliry. It is understa A anu agFa :d
that the settlement of stnlces srid Incicauts shall be eataely wichin the disaetion of ihe pact:3 bar.u g dse
diTculcy, and that the ebove requiremrnt that arry Force Majeuce shall be remedied with a] reaa mabL :
dispetch shall not mqu'ue the seWemeM of stnlces aad lockouts by acceding to the demaud i oFit :
opposrog pany or part[es when such setfleineut is uafavoiable in the judgemem a£the part havi ig the
difficuhy,
18. ASSIGNMENT-DELEGATIQN No right or interest in tlris contraet shall be assigned or 6 legati on
of any obligation made by Seller without the wzitten permission oftbe Buyer. Any ad empt d or
delegation by SeIler shall be wholly void, and totally ineffective for all purposes unless msde in
conformity with this paragaph.
19. WAIVER No elaim or right arismg out of a breaeh of this couuact ¢an be discharged in wib a le or m
part by a waiver or remmciation of the claim or right unless the waiver or renunciatior is su,)port:d
by considetation and is in wrrting signed by the aggrieved party.
20_ MODIFICATIONS This contract can be modified or rescmded only by a writmg sigm:d by both of
the parties or their duly authorized agents.
21. IIVT'ERPRETATION-PAROL EVIDENCE This writing is mtended by the parties as L fmFt
expression oftheir agrecment and is inteaded also as a complete sad exclusive statem:nt of the
terms oftheir ageement. No coursc ofprior dealings betwcen the parties and ao use;;e oi.' lu
trade shall be relevarn to supplement or oxplam ury terxrn used m this agreeme:rt. Acc :ptaai :a of
acquiescence in a coiuse of perfozmance rendered under this agreemeuL shalt not be n lever t to
determine the meaning of this agreemern evea though the accepting or acquiescing pa ty he 3
1nowledge o£the penFonnance and opporhm*ty for objection. Whenevex a torm defin:c-b;r the
Umform Commerciat Code is used in this ageement, the defixution contained 'vi the C3de e co
controL ;
22. APPLICABLE LAW This agreement shall be governed by the Unifozm Co*++**+erciai c:ode.
Wherever the term "Uniform Commerciel Code" is used, it shall be coastiued as meai ing t ie
Uniform Commerciai Code as adopted in the State of Fexas as effective and in for+ce c in thc date af
this agreeanent. ; .
23. ADVERTYSING SeIler shall not advertise or publish, without Buyer's prior consent, he fii :t tha:
Buyer has entered into this contract, except to the axtent necessary to comply with pr iper : equa rts
for mformatioa from aa authorized representative of the federal., state, or local gaverr ment
24. RIGHT TO ASSiJ1tANCE Whenever one party to this contract in good faith has rea on ta
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qwestian the other party's irteat to perform he may demand that the other party give W ritteo
sssur.tnc.'e of his mtent to perfnrm. In the event that a demand is mede aad no assuianc e is a iven
within &ve (S) days, the demandm8 PaM niaY treat this failute as an aaticipatory iepuc iafiot of ffi:
contract. ~
25. VEN[JE Botb parties agree that venue for any litigatioa srising from tbis contYact shal lie ir
League City, Galveston Councy, Texas !
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26. PROFilBITION AGAINST k'ERSONAL INT'EREST II3 CONIRACTS No officar oi emj) oyee ;if
the City shall have a financiai mtore9t, direct or indirect, in any contract with the City, >r sh, ll be
finaucially iaterested, d'sectly or indQectty, in the eale to the City of any land, materisl: , supplies c r
service, except on behalf of the City as ffi officer or employee. ?,mr wIIlful violetioa o7th3w ;ectio n
shail wnstitute matSr,85ance in office, end afry offiCet or employee guftcy thereof shaIl t e sut Pect tc i
removal from his office or posrtian. An)+ violatioa of this sectioq with the Inowledgc expc :ssly
mipllad, ofthe pexson or corpoiation coritracdng with the Crty shall reader the wnUac [ invulved
vofdable by the Ciry Managa ofthe Coune~l
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GENERAL SPECIFICATIONS FOR THERMAL 1MACIN4 J
CANEERAS
Intent of Specificationle
The following set o£speoifications descnbes a commcrcially produced Theurnal
Tmaging Camera, the associated hardware and software. tlny system offered in res] iange
to this bid shall be designed to allow upgrad'u~g and interchange with other compor erts
ofthe sameAmufacture. The Thocmal Imaging Camera system delivered under th, :si:
specifications shall be standazd comu~ercial produas that exactly mcet the requirea =ts
of these specifications. The cvmponents and optionat equipment shall be reprosentud in
the manufactures currern sales and te,chnical data MA«Ab used ia conswction o'the
Thermal Imaging Camera shall be new and not less than the quality conforming to
modem engineermg and **+pTM,fac*u^^g practices. Materials shall be free of defiects and
suitablc for the service intended. I
Sneci£catiQn $id Requirements ,
Bidders must indicate whether or not their bid precisety complies with eact
paragraph speci5ed. Because equipment specified is to be used under emergency a id
hazardous conditioas wherc human life may be at risk, any exceptions to these
specificatiorys must be clearly pointed out and explaumed, otherwise it will be consii itred
the items offered aze in stiict compl9ance, a bid proposal will be disqualified ifit is
discovered that the bidder falsely indicates compiiance with a specific component.
Bidders mu5t fiunish with bid deseriptive literature and complete specifications ca ~erin4
the produCt; offered. !
pualitv Aasur+nee
It is not the iutern ofthese specifications to call for new, unusual, or exper men[ el
equipment, thereforo the Bidder must provido documeniation indicating the length of
time the manufactvrer has been manitfacturing Thermal imagirg Caa~ras and the
number of yrrits in service to date_ !
Warranty
?he camera system components (parts and nccessories) shall have a minim un ci:' a
one (I) yeaz warranty to inelude parts, labor, and freight if applicable. The maaufa --turr.
shall provide a 48 hour turn azound wazranty service to ihe equipment in such a m.umej
to place the camera systcm back in operation within 72 hours ox provide for the u: e of'
loaner equipment comparable to Utat in questiorL
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Physicsl aqd Performance Specifications
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1. The camera shall be a thermal imagmg system capable of imaging infrar-:d
tadiation m the 8 to 14 milcron spect-al wave-leagth and have been
specificay 9esigned for u'se in the firefishting envii'urnnent-
2. 'I'he camera shall be hand hcld, and partabie altowing it to be passed frc in oii ~
firafighter to another witbin a fire er►vaonmert without doffing any artic !e o~.'
personal protecriva eqwpmcnt.
3. The camera's view5nder must incorpOrate a"straight-through" line of s ight i i
order to enabie the camera to 1x used to visuaJize the user's footins aru
surrounding enviro, ern ivhile aseending and descending stair steps or ladde r
tvngs. I
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4. The camera shall use a soHd-state focal plane array infrared sensor.
5. League City Fite Department hes selected the measurement of 13ETD r xthec
than AdRTD to mcssure and certify a carriera's sensirivity to infrared or
t6ermal radiatioa The +*+AYimum NETD specification acceptabk shall t: 70
mIC. ~
6. The oamera shall weigh n i o more than 5 pounds
The caznera, shall be equipped with an automaticaAY activated aperture .)r iri:
that scnses sepsor infrared ovedoad and adjusts the camera's seasitivir
accordingly to ensure high image quality m extreme heat environments Thr
sutomatic operation shall' be controlled by on-board systems end shall te fuC y
automatic requiring no input or adjusunencs from the firefighter using t te
equipment !
8, The automatic aperture ar iris in the caxnera shall incorporate not more thazi
two Aoving metel leavesjthat are inherently designed to maintam the
firefighter vision and safexy in the event of a mechanical or eleciricat iri:
tailure by defsulting to ttie open position.
9. The camera will operate pn Nickel Cadmiwu rechargeable batteries wii h a
mini~um of 3 hours operations tune per charge or Nickel Metal Hydri,:e
rechargeable batteries with a minunum of41/2 hours operating time pe r
charge or d3sposable AAitype alkaline batteries,
10. T'he camera will be supplied with two (2) NivIIi batteries and one (1) 3~P. t) Qe
alkaljne battery adapter. ~
11. The tamera will be suppl}ed witli a N~1VII3 battery charger. The charge wi11 3e
equipped with thc ahilitylto opcrate on either AC or DC power.
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12. The video signal shall be o£enhanced resolurion and shall be displayoci on
. mini-CRT computer monitor for rngLAmum clarity allowing fuefighters to
distinguish objects othemise not seen using standard video signais that ere
projected on liquid crystal displays.
13. To ensure the waterproofing integrity o£the camera in all gituations, the
camera shall be designed to isdlate the intemal electronic sysiems fivm all
user accessibfe areas including the battery compartmeat. The camera mtst
conform to IP67 waterproofing standerd with the battery compazunent in tk a
openpnsition while the battery is being changed.
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14. The camera shaU be designed with tnagnification optics incoxporated into tb :
irmge display allowing firefighters to hold the camera dineotly pgamst their
bce, or facomesk, with the visor touching the Srefghter face, or SCBA
facemask and still be able to Otically focus on tha image allowing for the u e
in very dense smokc environments where visbflity is zero.
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15. Lens agsembly trAns*nission value shall npt be less ihan 98%.
16, The camers shall be equipped with a pistol grip handla that is easily detache 3
from the caznera without the use of any tools to allow For compact storage ; nd
case of use in confined space situatians.
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17. 'Che camera will be supplied with a storage case that is waterproof aad built in
such a manner that wIIl protect the camera from shock abuse while not in u: e.
18. '1'he camera stiall be supplied with a visusi camera that on demand can overlsy
videq ixnages over the thermal image (video overlay). The yystem sha11 be o.`
CCD iype and have a minimum raiing of not more ttran 0.051wc. The
resolution shall be 510 x 492 pncels. The video overlay feature will be
controlled by a single waterproof buttoNswitch installed on top of the camt ra
housing. Ono pisss on the swi,tch will tum the feature on and another press
will turn it of£ I
19. The camera shall have the capability of being fitted with a digital pyrometer
that shows true surface tempexature nadings. The temperature izading shal ;
be displayed in ihe firefighter's field of view. 20. The camera wDl have the abffiiy to be fitted with a digital apread spccuum
transmitter/receiver system. The receiver will have the capability of receivir g
signals from multiple (1,2,3, or 4) transmitters by allowing the user to selec: n
specific °ctiannel" for a specific rra„sn,;tter. The digital spread spectrum
transmitter system vhll broadcast its signal in an enc7ypted code to virtuslly
el'uninate the possibilities of an unwanted party retricvmg the siginal. The
transmitter will be capable oPbeirtg incernally or externally mounted. The
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externally mounted versioa will be removable to allow its use on moro t iau
one cameta Both trensmitters will be powared by the cpmera's battery.
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Puvhasins AgM
City of Leaguc City
300 West Walker
L C' 'I' 77573
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LETTER OF INTENT AIVD
BID SjJBMITTAL FOR1Vx
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I, ,(Conuactor) have reviewed the bid specificatic ns mi i
proposed conuxct with the City afLeague City.
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I herein agree to abidc by thc teims of the Bid Specificarions and herein submit the attached t id p r.)posa..
SICiiNID on iltis the day of _ 20_
TOTAL SID PRICE $ ~
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Bnsmess Mniling Puddresa
CitY, State. aad Zip Code . i
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Auilwrized Repcesmtarive's Priated i iame
.4uthorited Repremtative's Sigoatun
Date
r.rzcascTez xvI ev:r.o aoirotiso
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CFiECK.IST
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The following itams ara to be returned to the Qity as part of the bid package:
❑ Letter of intent and bid submittal form
❑ DoM,mew±arion shawung length oftime ~manufacturer hav been menufacnu-iqg Thermt 1 Im;a qmg
Cemera and t6e number of units in service to daYe.
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PQ $ox 8007
Shreveport, LA 77148
Fire Research
26 SouthernBivd
Nesconset, NY 11767
ADH Merketing
3700 Biue Bonnet Bh+d
Brenham, TX 77633
Swtt Health & Aviation
4217 Peppertrae Avcnue
concoZa, rrc 28027
Fouc Alami
PO $ox 448
South Houston,
TX 77587-0448
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