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Resolution No. 83181 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18' 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8318 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ACCEPTING THE BID OF FISHER SCIENTIFIC COMPANY L.L.C. ON BID NO. 1430 FOR THE PURCHASE OF TWO TVI 3-LINE DECONTAMINATION SHELTER SYSTEMS FOR THE FIRE DEPARTMENT AND APPROVING AND AUTHORIZING THE EXECUTION OF AN EQUIPMENT PURCHASE CONTRACT AND THE ISSUANCE OF A PURCHASE ORDER RESPECTING SAID BID WHEREAS, the Fire Department needs two (2) mass decontamination tents for use during a hazardous materials spill or I ther hazardous incident; and WHEREAS, pursuant to Resolution No. 8288 adopted by the City Council of the City of Vernon on October 1, 2003, the City Clerk was directed to give notice inviting sealed proposals or bids for the purchase of two (2) TVI 3-line Decontamination Shelter Systems ("TVI Shelter Systems") in accordance with a bid specification provided by the Fire Department; and WHEREAS, based upon the bid specification, the Purchasing Department prepared Bid No. 1430 dated October 16, 2003, and sealed bids were opened on October 30, 2003, and reviewed by the Fire (Department; and WHEREAS, by letter dated November 13, 2003, Bruce V. Malkenhorst, City Administrator/City Clerk, recommended that Bid No. 1430 be awarded to Fisher Scientific Company L.L.C. (Fisher Safety), the lowest responsible bidder meeting the requirements of Bid No. 1430. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby 1 1 � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby awards Bid No. 1430 to Fisher Scientific Company L.L.C. and accepts and approves the Equipment Purchase Contract, a copy of which is attached hereto as Exhibit "A" and made a part hereof. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute the Equipment Purchase Contract on behalf of the City and authorizes the issuance of a purchase order for the purchase of the TVI Shelter Systems pursuant to Bid No. 1430. SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or his designee, to send one fully executed Contract to: Fisher Scientific Company L.L.C. Attn: Michael Vernier 2000 Park Lane Drive Pittsburg, PA 15275-1126 SECTION5: All other bids in connection with Bid No. 1430 are rejected, subject to execution of the aforesaid contract documents from Fisher Scientific Company L.L.C., accompanied by all required certificates. - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 j 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 6: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 19th day of November, 2003. ATTEST: BRUCE V. MALKENHORST, City Clerk EONIS ����ALR�G,ayor - 3 - • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. - 8318, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, November 19, 2003, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk - 4 - EXHIBIT " A 1 2 3 4. 5'' 61 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EQUIPMENT PURCHASE CONTRACT THIS CONTRACT is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this 19 day of November, 2003, in the City of Vernon, County of Los Angeles, BY AND BETWEEN RECITALS CITY OF VERNON (hereinafter referred to as "City") 4305 Santa Fe Avenue Vernon, CA 90058 FISHER SCIENTIFIC COMPANY L.L.C. (hereinafter referred to as "Fisher") 2000 Park Lane Drive Pittsburg, PA 15275-1126 WHEREAS, on October 16, 2003, the City issued Bid No. 1430 requesting bids for the City's purchase of two (2) TVI 3-Line Decontamination Shelter Systems (collectively referred to as the "Shelter System") for the Fire Department; and WHEREAS, on October 28, 2003, Fisher submitted a bid for the sale of the Shelter System pursuant to Bid No. 1430; and WHEREAS, on October 30, 2003, the City opened the bid submitted by Fisher, as well as other bids, for the sale of the Shelter System identified in Bid No. 1430 to the City; and WHEREAS, the City desires to purchase the Shelter System, as further identified in the specifications on Bid No. 1430, from Fisher. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH HEREIN: 1. Purchase. Fisher agrees to sell and deliver to the I City the Shelter System, as set forth in the specifications contained 2 in the City of Vernon Bid No. 1430, dated September 26, 2003, and 3 identified in Fisher's October 28, 2003 bid (collectively referred to 4 as the "Bid Documents"). A copy of the Bid Documents are attached 5 hereto as Exhibit "A" and incorporated herein by reference. 6 2. Time of Performance. Fisher's performance shall 7 commence upon the full execution of this Contract and shall be 8 completed by Fisher within 90 days from receipt of the purchase order, 9 unless otherwise terminated or extended pursuant to the terms of this 10 Contract. 11 3• Price. Consistent with its Bid Documents, Fisher 12 agrees to sell and deliver the Shelter System to Fire Station #2, 13 located at 4301 Santa Fe Avenue in the City of Vernon. The City 14 agrees to purchase, subject to final inspection, the Shelter System 15 from Fisher for the total sum of Fifty -Eight Thousand Two Hundred 16 Ninety -Eight Dollars and Thirty -Three ($58,298.33), including sales 17 tax and freight charges. 18 4. Payment Terms. The City agrees to pay Fisher one 19 hundred percent (1000) of the total purchase price, net thirty days, 20 after delivery and acceptance of the Shelter System by the City FOB destination and receipt of an invoice from Fisher. 21 22 5. Change and Extra Services. The City reserves the 23 right to request changes in the equipment design, delivery dates, or additions to or deletions from the equipment purchased from Fisher. 24 All such changes shall be incorporated in written change orders 25 executed by the City and Fisher that shall specify the changes ordered 26 and the adjustment of prices, delivery schedules and warranties. Any 27 equipment or services added to this Contract, under this section, 28 shall be executed under all applicable conditions of this Contract. - 2 - I No claim for additional compensation or extension of time shall be 2 recognized unless contained in a duly executed change order. 3 6. Cancellation/Default. 4 A. This Contract may be terminated by the City for 5 its convenience upon fifteen (15) days prior written notice. Fisher 6 shall be entitled to the compensation earned by it prior to the date 7 of the termination notice, including reasonable costs incurred or 8 committed prior to the effective date of notice of termination and 9 reasonable charges incurred by Fisher in connection with the 10 termination. 11 B. In the event that Fisher commits a breach of a 12 material condition of this Contract, the City shall notify Fisher in 13 writing of said breach and if Fisher has not cured or begun reasonable 14 efforts to cure after fifteen (15) days of receipt of said notice, and 15 fails to diligently pursue corrective action, then the City shall have 16 the right to cancel this Contract. Fisher shall be responsible for 17 any direct costs due to the City's re -procurement of the equivalent of 18 the equipment or services cancelled from Fisher. 19 7. Confidential Information. 20 A. Access to Confidential Information. The City 21 may provide Fisher and/or its subcontractor with, or allow Fisher 22 and/or its subcontractors access to, certain information not available 23 to the public concerning, but not limited to the City, or businesses 24 located in the City. The information may include, but is not limited 25 to, company information, taxes, sales, value of assets, utility usage, 26 or other such information. All such information shall be known as 27 "Confidential Information" and may not be used to circumvent the 28 responsibility of either party to this Contract. - 3 - I B. No Disclosure. Except as expressly permitted, 12 Fisher and/or its subcontractor shall not disclose, permit the 3 disclosure of, release, disseminate, or transfer, whether orally or by 4 any other means, any part of such Confidential Information to any 5 other person or entity, whether corporate, governmental, or 6 individual, without the express prior written consent of an authorized 7 representative of the City. Fisher and/or its subcontractor shall 8 return any written Confidential Information, and all copies made of 9 such items, to the City upon the City's written request, but in any 10 event not later than the date that Fisher and/or its subcontractor has 11 performed all services to be performed pursuant to this Contract. 12 Fisher hereby agrees that such Confidential Information and any 13 documents provided may be used by Fisher and/or its subcontractor only 14 as authorized by City. Fisher shall include a contract provision in 15 its contract with subcontractors that bind the subcontractors to this 16 nondisclosure requirement. Fisher shall take reasonable measures to 17 avoid any disclosure of any such Confidential Information to any 18 unauthorized person. 19 C. Court Ordered Disclosure. Fisher shall 20 immediately notify the City of any court order or subpoena requiring 21 disclosure of Confidential Information, and shall cooperate with 22 City's legal counsel in responding to any such order or subpoena. 23 Fisher may only disclose such.Confidential Information required to be 24 disclosed pursuant to court order or subpoena after legal counsel has 25 exhausted any lawful and timely appeal or challenge. 26 D. Remedies. In addition to any other remedies 27 that it may have at law or in equity, the City shall be entitled to a 28 temporary and permanent injunction by a court of competent - 4 - I jurisdiction against any breach or threatened breach of the 2 Confidential Information provisions of this Contract. Fisher 3 acknowledges that in case of such breach or threatened breach of said 4 provisions, City would have no adequate remedy at law. - 5 8. Warranties. Fisher warrants title to the Shelter 6 System purchased hereunder and any part thereof to be free of any 7 claim of any security interest, lien or any encumbrance. Fisher also 8 warrants that the Shelter System will be delivered new and shall be 9 free from defects in material and workmanship for a period of one year 10 from the date of acceptance by the City. All other manufacturers' 11 warranties, any warranties typically provided by Fisher, and any other 12 warranties made applicable by law shall apply to the City's purchase 13 of the Shelter System. 14 9. Compliance with Laws. Fisher shall strictly observe 15 and comply with all applicable federal, state, and local laws, 16 ordinances and regulations governing this sale, including but not 17 limited to any permit or license requirements of the United States 18 Department of Commerce, as well as any laws of the United States of 19 America that are in existence at the time this Contract is executed. 20 In the event that any of the above laws, ordinances or regulations 21 governing this sale are enacted after the execution of this Contract, 22 any additional costs that result will be mutually agreed upon by the 23 parties. 24 10. Governing Law. The validity, interpretation and 25 performance of this Contract shall be controlled and construed under 26 the laws of the State of California. 27 11. Forum Selection. Any action brought relating to this 28 Contract shall be brought and held exclusively in a State Court in the - 5 - I County of Los Angeles, California. 2 12. Notices. Notices to the parties, unless otherwise 3 requested in writing, shall be sent to: 4 City: THE CITY OF VERNON ATTN: BRUCE V. MALKENHORST Y 5 CITY ADMINISTRATOR 4305 SANTA FE AVENUE 6 VERNON, CA 90058-0805 7 Fisher: FISHER SCIENTIFIC COMPANY L.L.C. 8 ATTN: MICHAEL VERNIER 2000 PARK LANE DRIVE 9 PITTSBURG, PA 15275-1126 10 13. General Provisions. 11 A. Independent Contractor. At all times during the 12 term of this Contract, Fisher shall be an independent contractor and 13 shall not be an employee of the City. The City shall have the right 14 to control Fisher only insofar as the results of Fisher's services 15 rendered pursuant to this Contract; however, the City shall not have 16 the right to control the means by which Fisher accomplishes services 17 rendered pursuant to the Contract except to the extent that such 18 services involve the use of City property or confidential information. 19 B. Fisher Not Agent. Except as the City may 20 specify in writing, Fisher shall have no authority, express or 21 implied, to act on behalf of the City in any capacity whatsoever as an 22 agent. Fisher shall have no authority, express or implied, pursuant to 23 this Contract to bind the City to any obligation whatsoever. 24 C. Indemnification. Fisher shall indemnify, 25 defend, protect and hold the City and its officers, agents and 26 employees, free and harmless from and against any and all claims, 27 demands, losses, damages, liabilities, fines, charges, penalties, 28 orders, judgments and all costs and expenses incurred in connection - 6 - I therewith, including reasonable attorney's fees and costs of defense 2 arising out of or attributable to the negligent or wrongful acts of 3 Fisher or its subcontractors, employees or agents in the performance 4 of services under this Contract, except to the extent arising from or 5 caused by the sole negligence or willful misconduct of the City, its 6 officers, agents, employees or subcontractors. 7 D. Assignment and Subcontracting Prohibited. No 8 party to this Contract may assign or subcontract any right or 9 obligation pursuant to this Contract without the express written 10 consent of the other party. Any other attempted or purported 11 assignment of any right or obligation pursuant to this Contract shall 12 be void and of no effect. 13 E. Entire Aareement. This Contract constitutes the 14 complete and final expression of the agreement of the parties and is 15 intended as a complete and exclusive statement of the terms of their 16 agreements and supersedes all prior and contemporaneous offers, 17 promises, representations, negotiations, discussions, communications 18 and agreements which may have been made in connection with the subject 19 matter hereof. All exhibits are incorporated by reference. Fisher 20 represents that in entering into this Contract, it has not relied on 21 any previous representations or understandings of any kind or nature. 22 F. Partial Invalidity. Wherever possible, each 23 provision hereof will be interpreted in such manner as to be effective 24 and valid under applicable law, but in case any one or more of the 25 provisions contained herein will, for any reason, be held to be 26 invalid, illegal or unenforceable in any respect, such provision will 27 be ineffective to the extent, but only to the extent, of such 28 invalidity, illegality or unenforceability without invalidating the 7 - I remainder of such invalid, illegal or unenforceable provision or 2 provisions or any other provision hereof, unless such a construction 3 would be unreasonable or contrary to the intent of the parties as 4 expressed in this Contract. 5 G. Time of the Essence. Time is of the essence in 6 the performance of this Contract and of each and every provision 7 hereof. The waiver by the City of any breach or breaches hereof shall 8 not be deemed, nor shall the same constitute, a waiver of any 9 subsequent breach or breaches. 10 H. Risk of Loss. Title and risk of loss or damage 11 shall pass to the City and delivery shall be deemed to be complete 12 upon delivery FOB destination. 13 I. Attorneys' Fees. In the event that it becomes 14 necessary for either party to this Contract to enforce.any of the 15 provisions of this Contract, the parties agree that a court of 16 competent jurisdiction may determine and fix reasonable attorney's 17 fees to be paid to the successful litigant. 18 J. Benefit of Agreement. This Contract shall bind 19 and benefit the parties hereto and their heirs, successors, and 20 permitted assigns. 21 K. Force Maleure. Neither party shall be 22 considered to be in default in any of its obligations under this 23 Contract when a failure of performance shall be due to an 24 uncontrollable force. The terms "uncontrollable force" shall mean any 25 cause beyond the control of the party affected, including, but not 26 restricted to, flood, earthquake, storm, fire, lightening, epidemic, 27 war, riot, civil disturbance or disobedience, labor dispute, labor 28 material shortage, sabotage, federal, state, or municipal action, M:M I statute, ordinance, or regulation, embargoes or the United States 2 Government or any other government, which by exercise of due diligence 3 such party could not reasonably have been expected to avoid and by 4 exercise to due diligence has been unable to overcome. Either party 5 rendered unable to fulfill any of its obligations under this Contract 6 by reason of an uncontrollable force, shall give written notice within 7 five (5) business days of such fact to the other party and shall 8 exercise due diligence to remove such inability with all reasonable 9 dispatch. 10 L. Waiver. Any waiver at any time by either party 11 of its rights with respect to a default under this Contract, or with 12 respect to any other matters arising in connection with this Contract, 13 shall not be deemed a waiver with respect to subsequent default or 14 other matter. 15 M. Amendment. All changes or modifications to this 16 Contract shall be in a writing stating that it is an amendment to this 17 Contract and shall be signed by both parties or their duly authorized 18 agents. This Contract shall not be modified through course of 19 dealing, usage or trade. 20 21 22 23 24 25 26 27 28 - 9 - 1 2. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have caused this Contract to be executed by and through their authorized officers on the date, month and year first written above. ATTEST: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: ERIC T. FRESCH, Acting City Attorney CITY OF VERNON By: LEONIS C. MALBURG, Mayor FISHER SCIENTIFIC COMPANY L.L.C. By: &Wnz / ll Title: By: Title: - 10 - FISHER SCIENTIFIC COMPANY L.L.C. Assistant Secretary's Certificate The undersigned, Assistant Secretary of Fisher Scientific Company L.L.C., a Delaware limited liability company (the "Company"), hereby certifies that attached hereto as EXIIIBIT A is a true and correct copy of a resolution which was duly adopted by the Managing Shareholder of the Company on the 5th day of February, 1998 and that said resolution has not been amended, rescinded or revoked and is in full force and effect as of the date hereof. WITNESS MY HAND AND SEAL of the Company this 17t' Day of November, 2003. a'- �� Assistant Secretary EXHIBIT A RESOLVED, that the following employees of Fisher Scientific Company L.L.C. be and each of them is hereby authorized and empowered, within the dollar indicated, to execute for and on behalf of Fisher Scientific Company L.L.C. quotations, bids, proposals and sales contracts, to or with any individual, corporation or other business entity, and also to or with the United States of America or any foreign nation and any of their respective departments, bureaus or subdivisions, any state of the United States, any municipality, and any college, university or other institution: NORTH AMERICAN DISTRIBUTION OPERATIONS Not Exceeding $10,000 Any Fisher Service Division Area Service Director Any Quotations Coordinator Not Exceeding $50,000 Any Customer Service Supervisor Any Service Supervisor Any Customer Service Team Leader Any Customer Service Group Leader Any Quotations Supervisor Any Regional Training Supervisor Any Regional Trainer Any Senior Quoter Any Director, Fisher Service Division Administration Any Sales Office Supervisor Any Sales Representative Not Exceeding $100,000 Any Sales Manager Any Region Manager Any Distribution/Sales/Safety Manager Any Quotations Manager Any Customer Service Manager Any Customer Service Director Any Marketing Manager Any Distribution Systems Manager Any Senior Account Manager Any Operations Manager Not Exceeding $200,000 Any Sales Director Any Corporate Accounts Director Any National Accounts Director Not Exceeding $1,000,000 Any Divisional Vice President Any Corporate Vice President Not Exceeding $5,000,000 Any Divisional President Without Limit Corporate President Corporate Treasurer Corporate Secretary EXHIBIT REQUEST FOR QUOTATIONS NOT A PURCHASE ORDER DIRECT ALL INQUIRIES TO: CITY PURCHASING AGENT TELEPHONE (323) 583-8811 CITY OF VERNON, CALIFORNIA PURCHASING DEPARTMENT CITY HALL 4305 Santa Fe Ave. - Vernon, California 90058 TO: _ FISHER SAFETY s�)e.,r Acc.V W- 61 a Oy -00 2000 PARK LANE PITTSBURG, PA 15238 ATTN: MICHAEL, VERNIER Tom ISO A) 381-M6 Please quote hereon the lowest net price you can furnish the articles or services specified below. Quote on each item separately. Bidder may qualify quotations as "all or none" by stating so on body of form. City reserves the right to accept or reject quotations received on any or all items. In order to maintain their name on City's Bidder File, Vendor should return this form whether a price is quoted or not. QUANTITY DESCRIPTION NETUNrrPRICE TOTAL 2 TVI 3-LINE HAZARDOUS MATERIALS DECONTAMINATION SHELTER SYSTEM AS PER ATTAaM SPECIFICATIONS DELIVERY ADDRESS: FIRESTATION #2 4301 SANTA FE AVENUE VERNON, CA 90058 _-_-----_PLEASE NOTE ----- ----- Bid number must be indicated on the outside of the envelope; otherwise, bid will not be IF INSUFFICIENT SPACE PROVIDED ABOVE FOR PROPOSAL, ATTACH RIDER OR SUPPLEMENT. CASH DISCOUNTS QUOTED FOR PERIODS OF LESS THAN 30 DAYS WILL NOT BE CONSIDERED WHEN ORDER IS AWARDED. BIDS RECEIVED IN RESggy TO THIS REQUEST R QUOTATION WILL BE OPENED IN CITY PURCHASING AGENTS OFFICE ON THE 3U1Y1 DAY OF ER 2o03 AT 2 : OOP. M. NOTE: Quote prices exclusive of Sales Tax and Wise Taxes. // A. Indicate Sales Tax in this space $...F ��.; a.0. .. B. Indicate Excise Tax in this space $....... IWO ............. ...................................... ..Above quotations subject to Cash Discount of ............. .G ` ....................%, F.O.B....,ti1.t �..�011(T} ...-. 41 V:4...................................... C. To be delivered to CITY OF VERNON at ..... eY'....d.Q�. {g r, _„__ }ddr..ess...,nb.6 e............................................................................ We (1) agree to fumish above in ... g%3 DATE................ io...........a.................................. ...........days from receipt of purchase order at prices specif'ed. FOR.......... 1.5.....CI ....TI F�C,amco�'n� ...... l..l.C........: �.7SIGN HERE. MAIL TO PURCHASING DEPT. [PLiN BOARD OF FIRE COMMISSIONERS L.C. MALBURG, CHAIRMAN T.A. YBARRA W.M. MCCORMICK STEVEN E. PARKER FIRE CHIEF FIRE DEPARTMENT FIRE HEADQUARTERS AND ADMINISTRATIVE OFFICE: CITY HALL 4305 SANTA FE AVENUE VERNON, CALIFORNIA 90058 PHONE 323/583-8811 FAX 323/826-1407 323/583-4821 (24HM "SERVICE TO INDUSTRY" September 26, 2003 City of Vernon TECHINCAL SPECIFICATIONS FOR A TVI 3-LINE HAZARDOUS MATERIALS DECONTAMINATION SHELTER SYSTEM It is the purpose of this specification to provide for the purchase of new equipment for decontamination at emergency incidents. The City, of Vernon has evaluated different types of decontamination products and has determined that the following items are best suited for the departments needs in safety, quality, performance, and standardization. In comparing proposals, consideration will not be confined to price only. The successful bidder will be one whose product is judged shall best serve the interests of the City of Vernon when price, product, safety, quality and delivery are considered. The City of Vernon reserves the right to reject any or all bids or any part thereof, and to waive any minor technicalities from the specifications. A contract will be awarded to the bidder submitting the lowest qualified and responsible bid meeting the requirements for this specification. EQUIVALENT PRODUCT Bids will be accepted for the consideration on any product that is equal or superior to the items specified. Decisions of equivalency will be at the sole interpretation of the City. A blanket statement that equipment proposed will meet all the requirements will not be sufficient to establish equivalency. Original manufacture's brochures of the proposed unit are to be submitted with the proposal. All modifications made to the standard production unit described in the manufacture's brochures must be certified by the manufacturer and submitted with the bid, or the bid will be deemed "non -responsive" and rejected without further review. Bidder must be prepared to demonstrate a unit similar to the one proposed, if requested. INTERPRETATIONS In order to be fair to all bidders, no oral interpretations will be given to any bidder as to the meaning of the specification documents or any part thereof. Every request for such a consideration shall be made in writing to the City of Vernon. Based on such inquiry, the City may choose to issue an Addendum. GENERAL The specification herein states the minimum requirements of the City. All bids must be regular in every respect. Unauthorized conditions, limitations, or provisions shall be cause for rejection. The City of Vernon will consider as "irregular" or "non -responsive" any bid not prepared and submitted in accordance with the document and specification, or any bid lacking sufficient technical literature to enable the Department to make a reasonable determination of compliance to the specification. It shall be the bidder's responsibility to carefully examine each item of he specification. Failure to offer a completed bid or failure to respond to each section of the technical specification will cause the proposal to be rejected without review as `non -responsive". All variances, exceptions and /or deviations shall be fully described in the appropriate section. Deceit in responding to the specification will be cause for rejection. M DECONTAMINATION SHELTER Part # SD3-UZA08-GZ (85-AX-DU08) 3 Line Standard Hazmat Response Shelter (2) two each Part # WH 500-2-1 (97-F-0012-A) Flash Water Heater, 500,00 BTU Part # SMK-1 (97-S-R305-N) Maintenance Kit, Shower, PVFD, Thermo -Plastic Wand, Quick Connects Part # HS-X-P (97-W-0041) Sprayer,. Hand-held, Nylon Connection, Quick Connect (8) eight each Part # HW-D20B-50-CFCF (97-H-0N20-Red-A) Hose, Decon, F-F NY, Camloks, Red, 20' (2) two each Part # HW-D20C-50-CFCF (97-H-ON20-Btu-A) Hose, Decon, F-F NY, Camloks, Blue, 20' (2) two each Part # WP-18-SN (97-P-W118-GRY-N) Pump, Waste, Immersible, 1 IOv, 18gpm (including hose, pump, gray carry bag, GFI) (2) two each Part # LC-LOI O-X (97-L-LO I O-VM) Litter Conveyor, Blue Articulating Frame, 10' (3) three each Part # LCA-B (97-L-BO10) Litter Conveyor Board (4) four each Part # LF-40-1 (50-E-0062) Light fixture, Fluorescent, 11 Ov, 40w, BIAX/SPX Lamp, 15, cord, P pigtail, Water Resistant (2) two each Part # FR-2448 (97_R-0024) Elevation Grid, Poly, Rigid, 1.75"x24"x48" (8) Eight each Part # SDI-TTB02-GZ (85-AX-DT02-Y/W) Individual Decon Shelter Pact # HB-132-300-E I l'x25'x1' .Containment Basin All Decontamination Shelters are to include preinstalled fabric shower booms, divider curtains, interior chemtex basin, ground cloth, transport bag, utility ports, anchor and repair kit. WARRANTY One year against all defects in materials and workmanship SERVICE MANUALS Vendor shall provide all manuals. DELIVERY Acceptance shall be subject to the inspection and approval of the City of Vernon. n1gritrax 10/28/2003 3:07 GPM PAGE 1/4 Fisher Scientific ------------------------------------------ ------------ ---------------------------- F I S H E R S C I E N T I F I C _ I Q U O T A T I O N I I OCTOBER 28, 2003 I I PAGE: 1 I I CITY OF VERNON I WAREHOUSE I FISHER SCIENTIFIC COMPANY LLC 1 i 4305 SANTA FE AVENUE 9999 VETERANS MEMORIAL DR 1 HOUSTON TX 77038 1 I VERNON CA 90058 (800) 766-7000 1----------- --------------------------- I 1---------------------- NBR KARI/TVI DECON BID --CUST-REF I ACCOUNT NBR: 612042-001 I REQUESTOR: STEVEN PARKER I I QUOTE NBR: 3300-2149-48 1 PHONE: 3235838811 1 I TERMS: NET 30 DAYS 1 FOB: SHIP POINT I DUE DATE: 10/30/03 1--------------------- I AUTHORIZED BY: TOM AOKI 1 I I *** PRICES ARE FIRM THRU 11/27/03 *** 1 I PLEASE REFER TO THE QUOTE NBR ON ALL CORRESPONDENCE 1 THANK YOU FOR YOUR INTEREST IN FISHER SCIENTIFIC COMPANY LLC 1 SAFETY REP: TOM AOKI I----------------------------------------------- INBRI QTY IUNI CATALOG NBR I DESCRIPTION I UNIT PRC ---------------'----- ------------------------------------�-- I EXTD PRC 1 I 11 21RAI19 065 288 I 1 1 IDECON SHELT QUICK-E 3 LINE 113,027.50 I 126,055.00 1 I 21 11EA119'120 2392 I I IFLASH HEATER 500K BTU 1 1 I I 111,247.08 1 I 31 11EA119 120 2390 I I 11 1 ISHWR MAINTENNCEKIT PVDF EA 1 1 1 285.64 1 I 41 81EA119 120 2385 1 I I I (HAND SPRAYER NYLON QUICK -CON 1 120.63 1 965.04 I I 51 21RAINC9038011 I I ( I 1 I (WATER HOSE 20FT RED 1/2 DIA 1 144.75 I 1 I 2$9.50 I I 61 21EA1NC9038012 I 1 1 I I ( IWATER HOSE BLUE 20FT 1/2 DIA 1 144.75 I I I 289.50 1 I 71 21EAI19 065 314 I I I I IWATERPUMPS SUBMRS 110V 15'HOSE1 265.38 1 530.76 I � I 81 31RAI19 120 1110 I I I I I ILITTER CONVEYOR SYS 18"X10' 1 1,302.75 I I 1 3,908.25 1 91 41EA119 120 2389 I I JTRANSFR BRD CONVEYOR EA 1 353.94 1 I 1,415.76 1 1101 21EAI19 823 206 I ILT LIGHTING FLUORESCENT 110V 1 265.38 1 530.76 1 111 81'' 119 820 786 II i I I (ELEVATION GRID/DECON/DRAINAGE 1 86.85 1 694.80 I 121 lIEAI19 065 289 I 1 1 I 1 I IDECON SHELTER QUICK-E 3 INDIV.1 1 1 4,053.00 1 131 I ( 1 1 (CONTAINMENT BREM llX25X1 1 12,890.18 1lEANON-CATALOG 1 I I IVNDR NBR = 0083684 1 I I I I I I I I IVNDR CAT NBR = EB132300E I I I ---- ------ I--I-------------------------------------------- (MERCHANDISE TOTAL 1 I53,155.27 ------------------.27 1 1 RightFax 10/28/2003 3:07 PM PAGE 1/4 Fisher Scientific -------------- F I S H E R S C I E N T I F I C Q U O T A T I O N 1 OCTOBER 28, 2003 CITY OF VERNON WAREHOUSE 4305 SANTA FE AVENUE VERNON CA 90058 PAGE: 2 FISHER SCIENTIFIC COMPANY LLC 9999 VETERANS MEMORIAL DR HOUSTON TX 77038 - (800) 766-7000 i--------------------------------------------------- -------------------------- I CUST REF NBR KARI/TVI DECON BID I------------------------------------------------------------------------------- I ACCOUNT NBR: 612042-001 i REQUESTOR: STEVEN PARKER I QUOTE NBR: 3300-2149-48 I PHONE: 3235838811 I TERMS: NET 30 DAYS I FOB: SHIP POINT i DUE DATE: 10/30/03 I AUTHORIZED BY: TOM AOKI I------------------------------------------------------------------------------- *** PRICES ARE FIRM THRU 11/27/03 *** I PLEASE REFER TO THE QUOTE NBR ON ALL CORRESPONDENCE I THANK YOU FOR YOUR INTEREST IN FISHER SCIENTIFIC COMPANY LLC SAFETY REP: TOM AOKI ------------------ ------------------------------------------------------------ INBRI QTY IUNI CATALOG NBR I DESCRIPTION I UNIT PRC I EXTD PRC ------------------------------------------------------------------------------- I I I I I I I i I i t (FREIGHT CHARGE ( 1 700.00 I I I I I I I--®--®--- 1 I I ITOTAL 1 153,855.27 I I I I I I I I i I I I I I I I I i I i I I i I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I I I i I I I I 1 I I I I I I I I I I f I I I I L I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I --------------------------------------------------------------------------------- n n�lui. ullUU1—uui Onir. ilia r up VLANN tSiLL: NAGS 1 WAREHOUSE REL TYP: IMMEDIATE TERMS: TAX: Y CSR: SOUTHAM, KARI 4305 SANTA FE AVENUE LIN CMP: PARTIAL BO OK: Y SUBS: Y • CURRENCY= USD VERNON CA 90058 NBR SHP: MULTIPLE DATE: 10/28/03 BOOKS: N ATTN: REL NBR: CALLER: STEVEN PARKER PHONE:3235838811 EXT: QTE DATE: 10/27/03NBR: 3300-2149-48 PO: KART/TVI DECON BID ITEM QTY UN CAT NBR ------------------------------------------------------------------------------=---------- DESCRIPTION COST LIST PR UNIT PR EXTD PRIC/Ml GPMj PRC METHOD 1 2 EA 19 065 288 DECON SHELT QUICK-E 3 LINE 10125 13500.00 13027.50 26055.00 0 04 22.3P: LIST- 3.5I VENDORDIRECT SHIPMENT GPD= 5,805.00 ORIG CAT NBR SD3UZA08GZ NON-CONTRACTUAITEM VNDR DIR SHP VDR NBR: VN00083684VMA: 025316 VDR CAT NBR: SD3-UZA08-GZ 2 1 EA 19 120 2392 FLASH HEATER500K BTU 8741.25 11655.00 11247.08999 2.3�HP: LIST- 3.5I VENDORDIRECT SHIPMENT GPD= 2,505.83 ORIG CAT NBR WH50021 NON-CONTRACTUAITEM VNDR DIR SHP VDR NBR: VN00083684VMA: 025316 VDR CAT NBR: WH-500-2-1 3 1 EA 19 120 2390 SHWRMAINTENNCEKITPVDFEA 222.00 296.00 285.64 99912.3HP: LIST- 3.5� VENDORDIRECT SHIPMENT GPD= 63.64 ORIG CAT NBR SMKI NON-CONTRACTUAITEM VNDR DIR SHP VDR NBR: VN00083684VMA: 025316 VDR CAT NBR: SMK-I 4 8 EA 19 120 2385 . HAND SPRAYERNYLON QUICK -CON 93.75 125.00 120.63 965.04 99912.3 HP: LIST- 3.5 VENDORDIRECT SHIPMENT GPD= 215.04 ORIG CAT NBR HSXP NON-CONTRACTUAITEM VNDR DIR SHP VDR NBR: VN00083684VMA: 025316 VDR CAT NBR: HS-X-P 5 2 EA NC9038011 WATER HOSE 20FT RED 1/2 DIA 112.50 150.00 144.75 289.50 9992.3 P: LIST- 3.5 NON-CAMM ITEM GPD= 64.50 VENDORDIRECT SHIPMENT ORIG CAT NBR NC9031011 NON-CONTRACTUAITEM VNDR DIR SHP VDR NBR: VN00083684VMA: 026240 VDR CAT NBR: HWD20B50CFCF Nuul: ul6u4(-uuf Ohir: Lill Ur VWUN BILL: PAGE 2 ITEM QTY UN CAT NBR ------ --------------------------------------------------------------------------------- DESCRIPTION COST LIST PR UNIT PR EXTD PRIC/Ml GPMj PRC METHOD 6 2 EA NC9038012 WATER HOSE BLUE 20FT 1/2 DIA 112.50 150.00 144.75 289.50 999122.3IP: LIST- 3.5I NON-CATALOOTEM GPD= 64.50y VENDORDIRECT SHIPMENT ORIG CAT NBR NC9038012 NON-CONTRACTUAIT EM VNDR DIR SHP VDR NBR: VN00083684VMA: 026240 VDR CAT NBR: HWD20C5OCFCF 7 2 EA 19 065 314 WATERPUMP$UBMRS110V 15'HOSE 206.25 275.00 265.38 530.76004 2.3: LIST- 3.5 VENDORDIRECT SHIPMENT GPD= 118.26 ORIG CAT NBR WP18S NON-CONTRACTUAITEM VNDR DIR SHP VDR NBR: VN00083684VMA: 025316 VDR CAT NBR: WP-18-S 8 3 EA 19 120 1110 LITTER CONVEYORSYS 18"X10' 1012.50 1350.00 1302.75 3908.25 0042.3 P. LIST- 3.5 EXPORT LICENSE REQUIRED GPD= 870.75 VENDORDIRECT SHIPMENT ORIG CAT NBR LC181OX NON-CONTRACTUAITE M VNDR DIR SHP VDR NBR: VN00083684VMA: 025316 VDR CAT NBR: LC-1810-X 9 4 EA 19 120 2389 TRANSFR BRD CONVEYOREA 266.25 355.00 353.94 1415.76 9994.8P: LIST- VENDORDIRECT SHIPMENT GPD= 350.76 ORIG CAT NBR LCAB NON-CONTRACTUAITEM VNDR DIR SHP VDR NBR: VN00083684VMA: 025316 VDR CAT NBR: LCA-B 10 2 EA 19 823 206 LT LIGHTING FLUORESCENT110V 206.25 275.00 265.38 530.76 9992.3: LIST- 3.5 VENDORDIRECT SHIPMENT GPD= 118.26 ORIG CAT NBR LF401 NON-CONTRACTUAITEM VNDR DIR SHP VDR NBR: VN00083684VMA: 025316 VDR CAT NBR: LF-40-1 11 8 EA 19 820 786 ELEVATION GRID/DECON/DRAINAGE 67.50 90.00 86.85 694.80 999122.31HP: LIST- 3.5 VENDORDIRECT SHIPMENT ( IGPD= 154.80 ORIG CAT NBR FR2448 AWA. U16U46-UUi 6111F: Wi l UrMOO -BILL PAGE 3 • ITEM QTY UN CAT NBR ----------------------------------------------------------------------------------------- DESCRIPTION COST LIST PR UNIT PR EXTD PRIC/Ml GPMJ PRC METHOD NON-CONTRACTUAITEM VNDR DIR SHP VDR NBR: VN00083684VMA: 025316 VDR CAT NBR: FR-24-48 12 1 EA 19 065 289 DECONSHELTER @UICK-E3 INDIV. 3150.00 4200.00 4053.00 VENDORDIRECT SHIPMENT ORIG CAT NBR SDITTB02GZ NON-CONTRACTUAITEM VNDR DIR SHP VDR NBR: VN00083684VMA: 025316 VDR CAT NBR: SDI-TTB02-GZ 13 1 EA NON -CATALOG CONTAINMENTBREM I IX25X1 2246.25 2995.00 2890.18 VDR NBR: VN00083684VDR CAT NBR: HB132300E 0.00 KG/EA 0.00 M3/EA LIST PER VENDORNATALIE FREIGHT CHARGE TOTAL GROSS PROFIT MARGIN 53,855.271 22.3 3P: LIST- GPD= 9( NCI GPD= 64 SUPPORTING DOCUMENTS t EQUIPMENT PURCHASE CONTRACT THIS CONTRACT is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this day of November, 2003, in the City of Vernon, County of Los Angeles, BY AND BETWEEN AND RECITALS CITY OF VERNON (hereinafter referred to as "City") 4305 Santa Fe Avenue__ Vernon, CA 90058 FISHER SCIENTIFIC COMPANY L.L.C. (hereinafter referred to as "Fisher") 2000 Park Lane Drive Pittsburg, PA 15275-1126 WHEREAS, on October 16, 2003, the City issued Bid No. 1430 requesting bids for the City's purchase of two (2) TVI 3-Line Decontamination Shelter Systems (collectively referred to as the "Shelter System") for the Fire Department; and WHEREAS, on October 28, 2003, Fisher submitted a bid for the sale of the Shelter System pursuant to Bid No. 1430; and WHEREAS, on October 30, 2003, the City opened the bid submitted by Fisher, as well as other bids, for the sale of the Shelter System identified in Bid No. 1430 to the City;,and WHEREAS, the City desires to purchase the Shelter System, as further identified in the specifications on Bid No. 1430, from Fisher. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH HEREIN: 1. Purchase. Fisher agrees to sell and deliver to the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281 City the Shelter System, as set forth in the specifications contained in the City of Vernon Bid No. 1430, dated September 26, 2003, and identified in Fisher's October 28, 2003 bid (collectively referred to as the "Bid Documents"). A copy of the Bid Documents are attached II hereto as Exhibit "A" and incorporated herein by reference. 2. Time of Performance. Fisher's performance shall commence upon the full execution of this Contract and shall be completed by Fisher within 90 days from receipt of the purchase order, unless otherwise terminated or extended pursuant to the terms of this Contract. 3. Price. Consistent with its Bid Documents, Fisher agrees to sell and deliver the Shelter System to Fire Station #2, located at 4301 Santa Fe Avenue in the City of Vernon. The City agrees to purchase, subject to final inspection, the Shelter System from Fisher for the total sum of Fifty -Eight Thousand Two Hundred Ninety -Eight Dollars and Thirty -Three ($58,298.33), including sales tax and freight charges. 4. Payment Terms. The City agrees to pay Fisher one hundred percent (1000) of the total purchase price, net thirty days, after delivery and acceptance of the Shelter System by the City FOB destination and receipt of an invoice from Fisher. 5. Change and Extra Services. The City reserves the right to request changes in the equipment design, delivery dates, or additions to or deletions from the equipment purchased from Fisher. All such changes shall be incorporated in written change orders executed by the City and Fisher that shall specify the changes ordered and the adjustment of prices, delivery schedules and warranties. Any equipment or services.added to this Contract, under this section, shall be executed under all applicable conditions of this Contract. - 2 - J No claim for additional compensation or extension of time shall be recognized unless contained in a duly executed change order. 6. Cancellation/Default. A. This Contract may be terminated by the City for its convenience upon fifteen (15) days prior written notice. Fisher shall be entitled to the compensation earned by it prior to the date of the termination notice, including reasonable costs incurred or committed prior to the effective date of notice of termination and reasonable charges incurred by Fisher in connection with the termination. B. In the event that Fisher commits a breach of a material condition of this Contract, the City shall notify Fisher in writing of said breach and if Fisher has not cured or begun reasonable efforts to cure after fifteen (15) days of receipt of said notice, and fails to diligently pursue corrective action, then the City shall have the right to cancel this Contract. Fisher shall be responsible for any direct costs due to the City's re -procurement of the equivalent of the equipment or services cancelled from Fisher. 7. Confidential Information. A. Access to Confidential Information. The City may provide Fisher and/or its subcontractor with, or allow Fisher and/or its subcontractors access to, certain information not available to the public concerning, but not limited to the City,"or businesses located in the City. The information may include, but is not limited to, company information, taxes, sales, value of assets, utility usage, or other such information. All such information shall be known as "Confidential Information" and may not be used to circumvent the responsibility of either party to this Contract. - 3 - I B. No Disclosure. Except as expressly permitted, 2 Fisher and/or its subcontractor shall not disclose, permit the 3 disclosure of, release, disseminate, or transfer, whether orally or by 4 any other means, any part of such Confidential Information to any 5 other person or entity, whether corporate, governmental, or 6 individual, without the express prior written consent of an authorized 7 representative of the City. Fisher and/or its subcontractor shall 8 return any written Confidential Information, and all copies made of 9 such items, to the City upon the City's written request, but in any 10 event not later than the date that Fisher and/or its subcontractor has 11 performed all services to be performed p pursuant to this Contract. 12 Fisher hereby agrees that such Confidential Information and any 13 documents provided may used by Fisher and/or its subcontractor only 14 as authorized by City. Fisher shall include a contract provision in 15 its contract with subcontractors that bind the subcontractors to this 16 nondisclosure requirement. Fisher shall take reasonable measures to 17 avoid any disclosure of any such Confidential Information to any 18 unauthorized person. 19 C. Court Ordered Disclosure. Fisher shall 20 immediately notify the City of any court order or subpoena requiring 21 disclosure of Confidential Information, and shall cooperate with 22 City's legal counsel in responding to any such order or subpoena. 23 Fisher may only disclose such Confidential Information"required to be 24 disclosed pursuant to court order or subpoena after legal counsel has 25 exhausted any lawful and timely appeal or challenge. 26 D. Remedies. In addition to any other remedies 27 that it may have at law or in equity, the City shall be entitled to a 28 temporary and permanent injunction by a court of competent - 4 - jurisdiction against any breach or threatened breach of the Confidential Information provisions of this Contract. Fisher acknowledges that in case of such breach or threatened breach of said provisions, City would have no adequate remedy at law. 8. Warranties. Fisher warrants title to the Shelter System purchased hereunder and any part thereof to be free of any claim of any security interest, lien or any encumbrance. Fisher also warrants that the Shelter System will be delivered new and shall be free from defects in material and workmanship for a period of one year from the date of acceptance by the City. All other manufacturers' warranties, any warranties typically provided by Fisher, and any other warranties made applicable by law shall apply to the City's purchase of the Shelter System. 9. Compliance with Laws. Fisher shall strictly observe and comply with all applicable federal, state, and local laws, ordinances and regulations governing this sale, including but not limited to any permit or license requirements of the United States Department of Commerce, as well as any laws of the United States of America that are in existence at the time this Contract is executed. In the event that any of the above laws, ordinances or regulations governing this sale are enacted after the execution of this Contract, any additional costs that result will be mutually agreed upon by the parties. 1. 10. Governing Law. The validity, interpretation and performance of this Contract shall be controlled and construed under the laws of the State of California. 11. Forum Selection. Any action brought relating to this Contract shall be brought and held exclusively'in a State Court in the - 5 - 1 County of Los Angeles, California. 2 12. Notices. Notices to the parties, unless otherwise 3 requested in writing, shall be sent to: 4 City: THE CITY OF VERNON ATTN: BRUCE V. MALKENHORST 5 CITY ADMINISTRATOR 4305 SANTA FE AVENUE 6 VERNON, CA 90058-0805 7 Fisher: FISHER SCIENTIFIC COMPANY L.L.C. 8 ATTN: MICHAEL VERNIER 2000 PARK LANE DRIVE 9 PITTSBURG, PA 15275-1126 10 13. General Provisions. 11 A. Independent Contractor. At all times during the 12 term of this Contract, Fisher shall be an independent contractor and 13 shall not be an employee of the City. The City shall have the right 14 to control Fisher only insofar as the results of Fisher's services 15 rendered pursuant to this Contract; however, the City shall not have 16 the right to control the means by which Fisher accomplishes services 17 rendered pursuant to the Contract except to the extent that such 18 services involve the use of City property or confidential information. 19 B. Fisher Not Agent. Except as the City may 20 specify in writing, Fisher shall have no authority, express or 21 implied, to act on behalf of the City in any capacity whatsoever as an 22 agent. Fisher shall have no authority, express or implied, pursuant to 23 this Contract to bind the City to any obligation whatsdever. 24 C. Indemnification. Fisher shall indemnify, 25 defend, protect and hold the City and its officers, agents and 26 employees, free and harmless from and against any and all claims, 27 demands, losses, damages, liabilities, fines, charges, penalties, 28 orders, judgments and all costs and expenses incurred in connection - 6 - I therewith, including reasonable attorney's fees and costs of defense 2 arising out of or attributable to the negligent or wrongful acts of 3 Fisher or its subcontractors, employees or agents in the performance 4 of services under this Contract, except to the extent arising from or 5 caused by the sole negligence or willful misconduct of the City, its 6 officers, agents, employees or subcontractors. 71 D. Assignment and Subcontracting Prohibited. No 8 party to this Contract may assign or subcontract any right or 9 obligation pursuant to this Contract without the express written 101 consent of the other party. Any other attempted or purported 11 assignment of any right or obligation pursuant to this Contract shall 12 be void and of no effect. 13 E. Entire Agreement. This Contract constitutes the 14 complete and final expression of the agreement of the parties and is 15 intended as a complete and exclusive statement of the terms of their 16 agreements and supersedes all prior and contemporaneous offers, 17 promises, representations, negotiations, discussions, communications 18 and agreements which may have been made in connection with the subject 19 matter hereof. All exhibits are incorporated by reference. Fisher 20 represents that in entering into this Contract, it has not relied on 21 any previous representations or understandings of any kind or nature. 22 F. Partial Invalidity. Wherever possible, each 23 provision hereof will be interpreted in such manner as'.to be effective 24 and valid under applicable law, but in case any one or more of the 25 provisions contained herein will, for any reason, be held to be 26 invalid, illegal or unenforceable in any respect, such provision will 27 be ineffective to the extent, but only to the extent, of such 28 invalidity, illegality or unenforceability without invalidating the - 7 - remainder of such invalid, illegal or unenforceable provision or provisions or any other provision hereof, unless such a construction would be unreasonable or contrary to the intent of the parties as expressed in this Contract. G. Time of the Essence. Time is of the essence in the performance of this Contract and of each and every provision hereof. The waiver by the City of any breach or breaches hereof shall not be deemed, nor shall the same constitute, a waiver of any subsequent breach or breaches. H. Risk of Loss. Title and risk of loss or damage shall pass to the City and delivery shall be deemed to be complete upon delivery FOB destination. I. Attorneys' Fees. In the event that it becomes necessary for either party to this Contract to enforce any of the provisions of this Contract, the parties agree that a court of competent jurisdiction may determine and fix reasonable attorney's fees to be paid to the successful litigant. J. Benefit of Agreement. This Contract shall bind and benefit the parties hereto and their heirs, successors, and permitted assigns. K. Force Majeure. Neither party shall be considered to be in default in any of its obligations under this Contract when a failure of performance shall be due to"an uncontrollable force. The terms "uncontrollable force" shall mean any cause beyond the control of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightening, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor material shortage, sabotage, federal, state, or municipal action, statute, ordinance, or regulation, embargoes or the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise to due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Contract by reason of an uncontrollable force, shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. L. Waiver. Any waiver at any time by either party of its rights with respect to a default under this Contract, or with respect to any other matters arising in connection with this Contract, shall not be deemed a waiver with respect to subsequent default or other matter. M. Amendment. All changes or modifications to this Contract shall be in a writing stating that it is an amendment to this Contract and shall be signed by both parties or their duly authorized agents. This Contract shall not be modified through course of dealing, usage or trade. - 9 - IN WITNESS WHEREOF, the parties have caused this Contract to be executed by and through their authorized officers on the date, month and year first written above. CITY OF VERNON By • ItEONIS C. MALAQRG, Mayor ATTEST BRUCE V. MALKENHORST, City Clerk APPROVED AS TO F RM: ERIC T. FRESCH, Acting City Attorney FISHER SCIENTIFIC COMPANY L.L.C. By: &44 Title: By: Title: - 10 - FISHER SCIENTIFIC COMPANY L.L.C. Assistant Secretary's Certificate The undersigned, Assistant Secretary of Fisher Scientific Company L.L.C., a Delaware limited liability company (the "Company"), hereby certifies that attached hereto as EXHIBIT A is a true and correct copy of a resolution which was duly adopted by the Managing Shareholder of the Company on the 5th day of February, 1998 and that said resolution has not been amended, rescinded or revoked and is in full force and effect as of the date hereof. WITNESS MY HAND AND SEAL of the Company this 17'h Day of November, 2003 Assistant Secretary RESOLVED, that the following employees of Fisher Scientific Company L.L.C. be and each of them is hereby authorized and empowered, within the dollar indicated, to execute for and on behalf of Fisher Scientific Company L.L.C. quotations, bids, proposals and sales contracts, to or with any individual, corporation or other business entity, and also to or with the United States of America or any foreign nation and any of their respective departments, bureaus or subdivisions, any state of the United States, any municipality, and any college, university or other institution: NORTH AMERICAN DISTRIBUTION OPERATIONS Not Exceeding $10,000 Any Fisher Service Division Area Service Director Any Quotations Coordinator Not Exceeding $50,000 Any Customer Service Supervisor Any Service Supervisor Any Customer Service Team Leader Any Customer Service Group Leader Any Quotations Supervisor Any Regional Training Supervisor Any Regional Trainer Any Senior Quoter Any Director, Fisher Service Division Administration Any Sales Office Supervisor Any Sales Representative Not Exceeding $100,000 Any Sales Manager Any Region Manager Any Distribution/Sales/Safety Manager Any Quotations Manager Any Customer Service Manager Any Customer Service Director Any Marketing Manager Any Distribution Systems Manager Any Senior Account Manager Any Operations Manager Not Exceeding $200,000 Any Sales Director Any Corporate Accounts Director Any National Accounts Director Not Exceeding $1,000,000 Any Divisional Vice President Any Corporate Vice President Not Exceeding $5,000,000 Any Divisional President Without Limit Corporate President Corporate Treasurer Corporate Secretary REQUEST FOR QUOTATIONS CITY OF VERNON, CALIFORNIA NOT A PURCHASE ORDER DIRECT ALL INQUIRIES TO: PURCHASING DEPARTMENT CITY PURCHASING AGENT CITY HALL TELEPHONE (323) 583-NI1 4305 Santa Fe Ave. - Vernon, California 90058 TO: FISHER SAFEW she r eel # 61 a �y -OC�1 2000 PARK LANE FOR CITY USE ONLY QUOTATION NO. 1430 DATE MAILED 1-0/16/03 REC'D BY C - OPEN 0 3 Sm w PITTSBURG, PA 15238 `S e 73-71 190 -- ATM: MICHAEL VERNIER (,l�l 3si -a,y6 Please quote hereon the lowest net price you can furnish the articles or services specified below. Quote on each item separately. Bidder may qualify quotations as "all or none" by stating so on body of form. City reserves the right to accept or reject quotations received on any or all items. In order to maintain their name on City's Bidder File, Vendor should return this form whether a price is quoted or not. QUANTITY DESCRIPTION NET UNIT PRICE TOTAL 2 TVI 3-LINE HAZARDOUS MATERIALS DECONTAMINATION SHELTER SYSTEM AS PER ATTACHED SPECIFICATIONS � �� DELIVERY ADDRESS: FIRESTATION #2 4301 SANTA FE AVENUE VERNON, CA 90058 -----PLEASE NOTE ------- Bid number must be indicated on the outside of the envelope; otherwise, bid will not be IF INSUFFICIENT SPACE PROVIDED ABOVE FOR PROPOSAL. ATTACH RIDER OR SUPPLEMENT. CASH DISCOUNTS QUOTED FOR PERIODS OF LESS THAN 30 DAYS WILL NOT BE CONSIDERED WHEN ORDER IS AWARDED. BIDS RECEIVED IN RESWTO THIS REQUEST O OUQTATION WILL BE OPENED IN CITY PURCHASING AGENTS OFFICE ON THE DAY OF EN ppQ_ AT_2 : OOP.M_ NOTE: Quote prices exclusive of Sales Tax and i e Taxes. A. Indicate Sales Tax in this space $...F .-O ...................................B. Indicate Excise Tax in this space $....... I!. O B. Above quotations subject to Cash Discount of ....................... ....................%, FO.B_5.h.i ?....AL ...... C. To be delivered to CITY OF VERNON at ..... �dr'....dQ�; �C,r, ••., , • �,e...................................................................... ...... We (1) agree to furnish above in ......0 V 1 0/9 ?/SATE ................... -.... ...................I.... .............. days from receipt of purchase order at prices specifjed. y� (� FOR .......... Y:-: J� f%'....C/E 1'�, CO1q/iil/I....l..l.0................ Name J e SIGN HERE ........... l.i.... MAIL TO PURCHASING DEPT. 1zW FIRE DEPARTMENT BOARD OF FIRE COMMISSIONERS L.C. MALBURG, CHAIRMAN T.A. YBARRA W.M. MCCORMICK STEVEN E. PARKER FIRE CHIEF "SERVICE TO INDUSTRY" September 26, 2003 City of Vernon TECHINCAL SPECIFICATIONS U DECONTAMINATION SHELTER SYSTEM FIRE HEADQUARTERS AND ADMINISTRATIVE OFFICE: CITY HALL 4305 SANTA FE AVENUE VERNON, CALIFORNIA 90058 PHONE 323/683-8811 FAX 323/826-1407 323/583-4821 124HM It is the purpose of this specification to provide for the purchase of new equipment for decontamination at emergency incidents. The City. of Vernon has evaluated different types of decontamination products and has determined that the following items are best suited for the departments needs in safety, quality, performance, and standardization. In comparing proposals, consideration will not be confined to price only. The successful bidder will be one whose product is judged shall best serve the interests of the City of Vernon when price, product, safety, quality and delivery are considered_ The City of Vernon reserves the right to reject any or all bids or any part thereof, and to waive any minor technicalities from the specifications. A contract will be awarded to the bidder submitting the lowest qualified and responsible bid meeting the requirements for this specification. EQUIVALENT PRODUCT Bids will be accepted for the consideration on any product that is equal or superior to the items specified. Decisions of equivalency will be at the sole interpretation of the City. A blanket statement that equipment proposed will meet all the requirements will not be sufficient to establish equivalency. Original manufacture's brochures of the proposed unit are to be submitted with the proposal. All modifications made to the standard production unit described in the manufacture's brochures must be certified by the manufacturer and submitted with the bid, or the bid will be deemed "non -responsive" and rejected without finther review. Bidder must be prepared to demonstrate a unit similar to the one proposed, if requested. INTERPRETATIONS In order to be fair to all bidders, no oral interpretations will be given to any bidder as to the meaning of the specification documents or any part thereof. Every request for such a consideration' shall be made in writing to the City of Vernon. Based on such inquiry, the City may choose to issue an Addendum. GENERAL The specification herein states the minimum requirements of the City. All bids must be regular in every respect. Unauthorized conditions, limitations, or provisions shall be cause for r rejection. The City of Vernon will consider as "irregular" or -non -responsive, any bid not prepared and submitted in accordance with the document and specification, or any bid lacking sufficient technical literature to enable the Department to make a reasonable determination of compliance to the specification. It shall be the bidder's responsibility to carefully examine each item of he specification. Failure to offer a completed bid or failure to respond to each section of the technical specification will cause the proposal to be rejected without review as "non -responsive''. All variances, exceptions and /or deviations shall be fully described in the appropriate section. Deceit in responding to the specification will be cause for rejection. TVI DECONTAKWATION SHELTER Part # SD3-UZA08-GZ (85-AX-DU08) 3 Line Standard Hazmat Response Shelter (2) two each Part # WH 500-2-1 (97-F-0012-A) Flash Water Heater, 500,00 BTU Part # SMK-1 (97-S-R305-N) Maintenance Kit, Shower, PVFD, Thermo -Plastic Wand, Quick Connects Part # HS-X-P (97-W-0041) Sprayer,. Hand-held, Nylon Connection, Quick Connect (8) eight each Part # HW-D20B-50-CFCF (97-H-0N20-Red-A) Hose, Decon, F-F NY, Camloks, Red, 20' (2) two each Part # HW-D20C-50-CFCF (97-H-0N20-Blu-A) Hose, Decon, F-F NY, Camloks, Blue, 20' (2) two each Part # WP-18-SN (97-P-W118-GRY-N) Pump, Waste, Immersible, I IOv, 18gpm (including hose, pump, gray carry bag, GFI) (2) two each Part # LC-L0I O-X (97-L-LO I O-VM) Litter Conveyor, Blue Articulating Frame, 10' (3) three each Part # LCA-B (97-L-BO10) Litter Conveyor Board (4) four each Part # LF-40-1 (50-E-0062) Light fixture, Fluorescent, I I Ov, 40w, B1AX/SPX Lamp, 15' cord, 1' pigtail, Water Resistant (2) two each Part # FR-24-48 (97-R-0024) Elevation Grid, Poly, Rigid, 1.75"x24"x48" (8) Eight each Part # SDI-TTB02-GZ (85-AX-DT02-Y/ ) Individual Decon Shelter Part # BB-132-300-E I l'x25'xl' .Containment Basin All Decontamination Shelters are to include preinsWed fabric shower booms, divider , transport curtains, interior chemtex basin, ground cloth repair kit. bag, utility ports, anchor and WARRANTY One year against all defects in materials and workmanship SERVICE MANUALS Vendor shall provide all manuals DE—=RY Acceptance shall be subject to the inspection and approval of the City of Vernon. - - -- ----.... i• z a t.aact ]t,i1C11L121(: F I S H E R S I C I E N T I F I C I I Q U O T A T I O N 1 OCTOBER 28, 2003 I J PAGE: 1 J J CITY OF VERNON I I WAREHOUSE FISHER SCIENTIFIC COMPANY LLC 1 4305 SANTA FE AVENUE 9999 VETERANS MEMORIAL DR I I HOUSTON TX 77038 - 1 I VERNON CA 90058 1 1 (800) 766-7000 I i-------------- 1 -------------------------- ---------------------------------------( I CUST REF NBR KARI/TVI DECON BID --------------------------------------------- REQUESTOR: STEVEN PARKER I ACCOUNT NBR: 612042-001 I QUOTE NBR: 3300-2149-48 1 PHONE: 3235838811 ( I TERMS: NET 30 DAYS 1 FOB: SHIP POINT J I DUE DATE: 10/30/03 I AUTHORIZED BY: TOM AOKI I------------------------ ---------- ---- ---- ----------------------J J *** PRICES ARE FIRM THRU'll/27/03 *** 1 I PLEASE REFER TO -THE QUOTE NBR ON ALL CORRESPONDENCE I I THANK YOU FOR YOUR INTEREST IN FISHER SCIENTIFIC COMPANY LLC J I SAFETY REP: TOM AOKI J J---------------- - I ---------------------- ---------------------------------- INBRI QTY IUNI CATALOG NBR I DESCRIPTION PRC J------------- I UNIT 1 EXTD PRC ( ----------------------- _ I 11 21EA119 065 288 IDECON SHELT QUICK-E 3 LINE 113,027.50 126,055.00 J I I 1 1 I I 1 i I 21 11EA119'120 2392 (FLASH HEATER 500K BTU ( 111,247.08 1 I I I I I 31 .I90 I JSHWR MAINTENNCEKIT PVDF EA ( 1 285.64 1 I I I J I I I J I 41 81EA119 120 2385 (HAND SPRAYER NYLON QUICK -CON 1 120.63 1 965.04 i I I I I I 51 21EAINC9038011 I 1 ( ( ( J IWATER HOSE 20FT RED 1/2 DIA 1 144.75 J 289.50 J i 61 21EAINC9038012 I I I I I I I IWATER HOSE BLUE 20FT 1/2 DIA I 144.75 1 289.50 1 71 21EA119 065 314 IWATERPUMPS SUBMRS 110V 15'HOSEJ 265.38 I 530.76 81 31EAI19 120 1110 J 1 I 1 I I I (LITTER CONVEYOR SYS 18 X10 1 1,302.75 1 3,908,25 1 91 41EA119 120 2389 I 1 I 'TRANSFR BRD CONVEYOR EA 1 35a.94 11,415.76 ( 101 21FAI19 823 206 ILT LIGHTING FLUORESCENT 110V 1 265.38 1 1 1 I i 530. 76 J 11J 81EA119'820 786 JELEVATION GRID/DECON/DRAINAGE 1 86.85 I 8 J 1 I I 694.o f 121 11EA119 065 289 IDECON SHELTER QUICK-E 3 INDIV.1 1 4 053 1 I I .00 J 1 1 I I 131 11EAINON-CATALOG ( I I I i t (CONTAINMENT BREM 11X25X1 1 12,890.18 J I I I JVNDR NBR = 0083684 ( I I I ( I JVNDR CAT NBR = HB132300E 1 I I (MERCHANDISE TOTAL 1 153,155.27 I ------- --------------------------------------------- --- ---• --��� .. . ... �u r<-��a_. 1/Y i'1O11G1 plil CllZ12ZC F I S H E R O U O S C I E N T I F I C A T I A N i I OCTOBER 28, 2003 I PAGE: 2 ( i CITY OF VERNON FISHER SCIENTIFIC COMPANY LLC I I WAREHOUSE 9999 VETERANS MEMORIAL DR I I 4305 SANTA FE AVENUE HOUSTON TX 77038 - I I VERNON CA 90058 (800) 766-7000 I ------------------------------------------------------------------------------ I I CUST REF NBR, KARI/TVI DECON BID ------------------------ i I ACCOUNT NBR: 612042-001 I REQUESTOR: STEVEN PARKER I QUOTE NBR: 3300-2149-48 I PHONE: 3235838811 I I TERMS: NET 30 DAYS I FOB: SHIP POINT I I DUE DATE: 10/30/03 I AUTHORIZED BY: TOM AOKI I I-------------- ------------------- I I *** PRICES ARE FIRM THRU 11/27/03 *** I i PLEASE REFER TO THE QUOTE NBR ON ALL CORRESPONDENCE I I THANK YOU FOR YOUR INTEREST IN FISHER SCIENTIFIC COMPANY LLC I I SAFETY REP: TOM AOKI I I--------------------------- INBRI QTY IUNI CATALOG NBR I DESCRIPTION I UNIT PRC I EXTD PRC I I -------- ----------------- I --------------------------------------------------- i l i I I I I (FREIGHT CHARGE I I 700.00 I I I I I I I I --------- I ( I I ITOTAL ( 153,855.27 I I I I I I I I I i I I I I I I I I ! I I I I I I I I I I I I 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I I I I i t I I I I I i I I I I i I i I I I I I I I I I I I i I I I I ------------------------------------------------------------------ NlAKEW= REL TYP: IMMEDIATE TERMS: TAX: Y CSR: SOUTHAli1 XARI 4305 SANTA FE AVENUE LIN' CMP: PA$TIAL BO OK: Y SUBS: Y CURRENCY= 81) VERNON CA 90058 NBR SHP: MULTIPLE DATE: 10/28/03 BOOKS: N AM: REL NBR: CALLER: STEVEN PARKER PHONE: 3235838811 EXT: QTE DATE: 10/27/03 NBR: 3300-2149-48 P0: KARI/TVI DECON BID ITEM QTY UN CAT NBR DESCRIPTION COST LIST PR UNIT PR ---------------------------------------------------- 1 2 EA 19 065 288 DECONSHELT QUICK-E3 LINE 10125 13500.00 13027.50 VENDORDIRECT SHIPMENT ORIG CAT NBR SD3UZAO8GZ NON-CONTRACTUAITEM VNDR DIR SHP VDR NBR: VN00083684VMA: 025316 VDR CAT NBR: SD3-UZA08-GZ 2 1 EA 19 120 2392 FLASH HEATER 500K BTU 8741.25 11655.00 VENDORDIRECT SHIPMENT ORIG CAT NBR WH50021 NON-CONTRACTUAITEM VNDR DIR SHP VDR NBR: VN00083684VMA: 025316 VDR CAT NBR: WH-500-2-1 3 1 EA 19120 2390 SHWR MAINTENNCEO PVDF EA 222.00 296.00 VENDORDIRECT SHIPMENT ORIG CAT NBR SMKI NON-CONTRACTUAITEM VNDR DIR SHP VDR NBR: VN00083684VMA: 025316 VDR CAT NBR: SMK-1 4 8 EA 19120 2385 . HAND SPRAYERNYLONQUICK-CON 93.75 125.00 120.63 VENDORDIRECT SHIPMENT ORIG CAT NBR HSXP NON-CONTRACTUAITEM VNDR DIR SHP VDR NBR: VN00083684VMA: 025316 VDR CAT NBR: HS-X-P 5 2 EA NC9038011 WATER HOSE 20FT RED 1 /2 DIA 112.50 150.00 144.75 NON-CAEX ITEM VENDORDIRECT SHIPMENT ORIG CAT NBR NC90MOl l NON-CONTRACTUAITEM VNDR DIR SHP VDR NBR: VN00083684VMA: 026240 VDR CAT NBR: HWD2OB50CFCF EXTD PRIC/Ml GPMJ PRC METHOD ----------------------- LIST- 3.51 [IST- IST- 1ST- 21 IST- ITEM QTY UN CAT NBR DESCRIPTION ---------------------------------- COST LIST PR UNIT PR EXTD PRIC/M) GPMj PRC METHOD ------------------------------------------------- 6 2. EA NC9038012 WATER HOSE BLUE 20FT 1/2 DIA 112.50 150.00 144.75 NON-CATALOOTEM VENDORDIRECT SHIPMENT ORIG CAT NBR NC9038012 NON-CONTRACTUAIT EM VNDR DIR SHP VDR NBR: VN00083684VMA: 026240 VDR CAT NBR: HWD20C5OCFCF 7 2 EA 19 065 314 WATERPUMP$UBMRSIIOV 15'HOSE 206.25 275.00 265.38 VENDORDIRECT SHIPMENT ORIG CAT NBR WP18S NON-CONTRACTUAITEM VNDR DIR SHP VDR NBR: VN00083684VMA: 025316 VDR CAT NBR: WP-18-S 8 3 EA 19 120 1110 LITTER CONVEYORSYS 18"X10' 1012.50 1350.00 1302.75 EXPORTLICENSE REQUIRED VENDORDIRECT SHIPMENT ORIG CAT NBR LC181OX NON-CONTRACTUAITE M VNDR DIR SHP VDR NBR VN00083684VMA- 025316 VDR CAT NBR: LC-1810-X 9 4 EA 19 120 2389 TRANSFRBRD CONVEYOREA 266.25 355.00 353.94 VENIIORDIRECT SHIPMENT ORIG CAT NBR LCAB NON-CONTRACTUAITEM VNDR DIR SHP VDR NBR: VN00083684VMA: 025316 VDR CAT NBR: LCA-B 10 2 EA 19 823 206 'LT LIGHTING FLUORESCENT110V 206.25 275.00 265.38 VENDORDIRECT SHIPMENT ORIG CAT NBR LF401 NON-CONTRACTUAITEM VNDR DIR SHP VDR NBR: VN00083684VMA: 025316 VDR CAT NBR: LF-40-1 11 8 EA 19 820 786 ELEVATION GRID/DECON/DRAINAGE 67.50 90.00 86.85 VENDORDIRECT SHIPMENT ORIG CAT NBR FR2448 UST- 3.1, 64.5( LIST - II LIST- 3.5 870.75 LIST- JST- 1 I m- r ITEM QTY UN CAT NBR DESCRIPTION COST I1ST PR UNIT PR ------------------------------------------------------------------ EXTD PRIC/Ml GPM) PRC METHOD NON-CONTRACTUAITEM VNDR DIR SHP VDR NBR: VN00083684VMA: 025316 VDR CAT NBR: FR-24-48 12 1 EA 19 065 289 DECON SHELTER QUICK-E3 INDIV. 3150.00 4200.00 4053.00004�22.3�HP: VENDORDIRECT SHIPMENT GPD= 903.00 ORIG CAT NBR SDIM02GZ NON-CONTRACTUAITEM VNDR DIR SHP VDR NBR: VN00083684VMA: 025316 VDR CAT NBR: SDI-TTB02-GZ 13 1 EA NON -CATALOG CONTAINMENTBREM I IX25X1 2246.25 2995.00 2890.18 22.31 NCI VDR NBR: VN00083684VDR CAT NBR: HB132300E GPD= 643.93 0.00 KG/EA 0.00 M3/EA I LIST PER VENDORNATALIE FREIGHT CHARGE TOTAL GROSS PROFIT MARGIN 53,855.271-I 22.3 I SUPPORTING DOCUMENTS A. CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro -Tern WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 City Council City of Vernon Honorable Members: CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 November 13, 2003 EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Light & Power FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 On October 1, 2003, this legislative body approved Resolution No. 8288, inviting sealed proposals or bids for the purchase of two (2) TVI 3-Line Decontamination Shelter Systems for the Fire Department. On October 30, 2003, the Purchasing Section received and opened the following bids: • Fisher Safety $ 58,298.33 • TVI Corporation $ 60,334.32 This has been reviewed by the Fire Department and the Purchasing Section. It is hereby recommended that Bid No. 1430 be awarded to Fisher Scientific Company L.C.C. (Fisher Safety), an equipment purchase contract be prepared,, and a purchase order be issued for the purchase of two (2) TVI 3-Line Decontamination Shelter Systems at an approximate cost of $S8,298.33. Very truly yours, Bruce V. Malkenhorst City AdrrLinistrator/City Clerk BVM/gm