24-407ORDINANCE NO. 24-407
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
DIVAL SAFETY EQUIPMENT, INC., FOR THE ACQUISITION OF SELF-CONTAINED
BREATHING APPARATUSES FOR THE FIRE DEPARTMENT; PROViDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP
8432 – AWARDED TO DIVAL SAFETY EQUIPMENT, INC., FOR ONE (1) YEAR, WITH THE
OPTION FOR FOUR (4) ADDITIONAL ONE (1) YEAR EXTENSIONS, IN THE TOTAL FIVE
(5) YEAR NOT-TO-EXCEED AMOUNT OF $600,000.00).
WHEREAS, the City has solicited, received, and evaluated competitive proposals for the
acquisition of self-contained breathing apparatuses for the Fire Department; and
WHEREAS, the City Manager, or a designated employee, has received, reviewed, and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
and
WHEREAS, this procurement was undertaken as part of the City’s governmental
function [Police and fire protection and control]; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies, or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
SECTION 1. The items in the following numbered request for proposal for materials,
equipment, supplies, or services shown in the “Request Proposals” on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER CONTRACTOR AMOUNT
8432 DiVal Safety Equipment, Inc.$600,000.00
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City accepts the offer of the persons submitting the proposals for such items
and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms,
specifications, standards, quantities, and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
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SECTION 3. That should the City and person submitting approved and accepted items wish
to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the
proposals, the City Manager, or their designated representative, is hereby authorized to execute the
written contract which shall be attached hereto; provided that the written contract is in accordance
with the terms, conditions, specifications, standards, quantities, and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of
Denton under this ordinance to the City Manager of the City of Denton, or their designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
secondeTJy ny=_LTprCJ:: oM:’;c:'"” TITs:hire:::={pas!:?i£thoved byU
following vote K - a] :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :IZ
-ZChris Watts, At Large Place 6:
PASSED AND APPROVED this the Ttl d,y ,f
ATTEST:
JESUS SALAZAR, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Digitally signed by Marcella Lunn
DN: dc=com, dc=cityofdenton,
dc=codad, ou=Department Users
and Groups, ou=General
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cn=Marcella Lunn.
email=Marcella.Lunn@cityofdento
n.com
Date: 2024.02.14 15:1 8:43 -06'00'
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DocuSign Envelope ID: 7AA79C28-FB63-4F9A-8283-8ABFCC84BI 12
DENTON
Docusign City Council Transmittal Coversheet
8432Ill_ E
File Name F SCBA EquIpment
PurchasingContact K;Yl; c 1;'k
City Council Target Date MARCH 5 ’ 2024
Piggy Back Option
Contract Expiration
Ordinance
NO
MARCH 5 , 2029
24-407
DocuSign Envelope ID: 7AA79C28-FB634F9A4283-8ABFCC84BI 12
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND DIVAL SAFETY EQUIPMENT, INC.
(CONTRACT 8432)
THIS CONTRACT is made and entered into this date , by
and between DiVal Safety Equipment, Inc. a New York corporation, whose address is 252 East
Hwy 276 West Tawakoni, TX 75474_hereinafter referred to as "Contractor," and the CITY OF
DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be
effective upon approval of the Denton City Council and subsequent execution of this Contract by
the Denton City Manager or their duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows:
SCOPE OF SERVICES
Contractor shall provide products and/or services in accordance with the City’s document
RFP 8432- SCBA Equipment , a copy of which is on file at the office of Purchasing Agent
and incorporated herein for all purposes. The Contract consists of this written agreement and the
following items which are attached hereto and incorporated herein by reference:
(a)
(b)
(C)
(d)
(e)
(f)
Special Terms and Conditions (Exhibit “A”);
City of Denton’s RFP 8432 (Exhibit “B” on File at the Office of the Purchasing
Agent);
City of Denton Standard Terms and Conditions (Exhibit “C”);
Certificate of Interested Parties Electronic Filing (Exhibit "D");
Contractor’s Proposal (Exhibit "E");
Form CIQ – Conflict of Interest Questionnaire (Exhibit "F");
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions
of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence
first to the written agreement then to the contract documents in the order in which they are listed
above. These documents shall be referred to collectively as “Contract Documents.”
Prohibition on Contracts with Companies Boycotting Israel
Contractor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, City is
prohibited from entering into a contract with a company for goods or services unless the contract contains
a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed
to those terms in Section 808.00 1 of the Texas Government Code. By signing this agreement, Contractor
certifies that Contractor’s signature provides written verifIcation to the City that Contractor: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the agreement Failure to meet at
maintain the requirements under this provision will be considered a material breach.
Prohibition on Contracts with Companies Boycotting Certain Energy Companies
Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, City is
prohibited from entering into a contract with a company for goods or services unless the contract contains
Contract # 8432