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HomeMy WebLinkAboutResolution - 2009-R0089 - PO - Shamrock Chevrolet - Mid-Size Pickups - 02_26_2009Resolution No. 2009—R0089 February 26, 2009 Item No. 5.16 RESOLUTION BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for the purchase of mid -size pick-ups for the Building Inspection Department as per Bid # 09- 014-MA, by and between the City of Lubbock and Shamrock Chevrolet of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 26th day of February , 2009. TOM MARTIN, MAYOR ATTEST: C , -0, -, , , - _�' Rebe a Garza, City Secretary APPROVED AS TO CONTENT: �11 0_� ��j Mark Yearw , Assistant City Manager ChiefInformation Officer APPROV AS TO FORM: Chad Weaver, Assistant City Attorney vw/ccdocs;Chad'Resolutions/RES.Shamrock Chevrolet-PurchaseOrd February 17, 2009 CITY OF LUBBOCK Y TO: PURCHASE ORDER SHAMROCK CHEVROLET 3709 AVE Q LUBBOCK TX 79412 Page - Date Order No. Brn/Plt SHIP TO: CITY OF LUBBOCK AUTO PARTS WAREHOUSE 204 MUNICIPAL DRIVE LUBBOCK TX 79404 INVOICE TO: CITE' OF Lt BBOCK ACCOI'NTS PAYABLE r P.O. BOX 2000 IJ LUBBOCK. TX 79457 BY: vtkn 1 2/25/09 343506 000 OP 3511 --------------------------------------------------------------------- Ordered 02/16/09 Freight - FOB Destination Frt Prepaid Requested 05/29/09 Taken By MARTA ALVAREZ Delivery - BID 09-014-MA Mid -Size Pick -Ups for Codes ------------------------------------------------------------------------------ Description / Supplier Ite ---------------------------- Chevrolet Colorado 4x2 Spec, 343 BI Ordered UM Unit Cost UM Extension 12.000 EA 14,740.0000 EA 176,880.00 Req. Dt 05/29/09 This purchase order encumbers funds in the amount of $176,880, for the purchase of Mid -Size Pick -Ups vehicles for Building Inspections awarded to Shamrock Chevrolet, of Lubbock, TX on February 26, 2009, in accordance with your response to BID# 09-014-MA, Mid -Size Pick-ups. The following is incorporated into and made part of this purchase order by reference: Bid submitted by your firm including the Bid Form, Specifications, and General Conditions of BID# 09-014-MA. Resolution# 2009--R0069 CITY OF LUBBOCK Tom Martin, Mayor ATTEST: Rebecc Garza, City Secretary Totd Or er ---------------------------------------------------------------------------- ---- - - - Terms NET 30 176,880.00 TERMS AND CONDITIONS IMPORTANT READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY Of LUBBOCK, TEXAS Seller and Buyer agree as follows: I , SELLER TU PACKAGE GOODS. Seller will package ��ords in me rdance with grad nmm�ercial practice. Each shipping container •hall be clearly and permanently marked as follows 1 ah Seller's name and address. ibl Consignee's niane. address and purchase rider or purchase release number and the supply agreement number if applicable, icl Container number and total number of exntstnerx e.g box I of 4 boxes, and id) the number of the container healing the packing slip. Seller shall hear cost of packaging unless otherwise provided Goods shall be suitably packed to secure lowest rranspmatimt costs and to cotfarim with requirements of common carriers and ens applicable specifications. Buver's count or weight shall be final and conclusive on shipments not accompanied by packing lists. '_. SHIPMENT L NDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods,urder reservation and no tender of a bill of lading will operas as a tentdet of goods. ]. TITLE AND RISK OF LOSS. The title and risk of loss of the gads shall rim pass to Buyer until Buyer actualty receives and takes possession of the goods at the point or points of delivery, 4. NO RE PLACEMENT OF DEFECTI6 E TENDER. Every tender of Jelivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. Ira tender is made which does not fully confena this shall constitute a breach and Seller shall not have the right to subslimhte a confirming tender, provided, where the time for performance has nor yet expired. the Seller may reasonably notify Buyer of his intention to cure and may then make a conforming tender within the contract time but not afterward. S. INVOICES .t P.AY%iFNTS. s. Seller shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number if applicable. Invoices shall be itemized and rransputuictn chargim if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable.. should be attached to the invoice. Mail To. Accounts Payable. City of Lubbock. P. O. Box 2000. Lubbock, "Texas 79457. Payment shall not he due until the above instruments are submitted after delivery. 6. GRATUrrIES. The Buyer may, by written notice 1n the Seller, cancel this contract without liability to Seller if it is determined by Buyer Beal graairies, in the farm ofentirainrnent, gifts or (tferwire, were oRkred or given by the Seiler, err my Agent or representative of The Seller, to any officer or employee of the City of Lubbock with s vivor to secm6ig a contract or securing favorable uestrieol w rh respect to the awarding or amending, or the making of any determbralirts with respect to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled in addition to any other rights and remedies. to recover or withhold the annalist of the cost incurred by Seller in providing such gratuities. 7. SPECIAL TOOLS h TEST EQUIPMENT. If the price sated on the face hereof includes the cost of say .special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process. sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. g. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to he not higher than Seller's currem process on orders by thers for prrttlucls of the kind and specification covered by this agreement for similar quantities under similar of like conditions and methods of purchase. in the event Seller breaches this wamatty, the prices of the items shall be reduced to the Seller's current proves on orders by others. or in the Alternative. Buyer may cancel this contract without liability to Seller for breach or Seller's actual expels. b. The Seller warrants that no person or selling agency has barn employed or retained to solicit or sectre this contract upon an agreemem or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling Agencies maintained by the Seiler for the purpose of securing business. For breach of viciatim or this warranty the Buyer shall have the right m addition to any ether right ofnghts to cancel this contract without liability and to deduct from the cantracl price, or ufhemise recover without liability Lied to deduct from the contract price, or otherwise recover the full amount of :uch commission, percentage, brokerage Of comtingeit fee. 9. WARRANTY -PROD( CT. Seller .shall noel limit or exclude any implied warranties and any anempt to der so shall render this contract voidable at the oplion of the Buyer. Soler warrants that the goods furnished will coxrform to the spcei icalion, drawings, and descriptions listed in the bid invitation, and to the %=wk-f sl furnished by the Seller, dany. In the event of a conflict or berweem The specificatiorm drawings. and descriptions, the specifralnons shall govern. Notwithstanding any provisions cenuined to the contractual agneemerr, the Seller represents and warrants fsuh-free performance :rod fault -free result in the processing date and date related data i tncltding, but not limited to calculating. cump"S and.xquencmg) of ail hardware, aJtwmc mid firmware producits ehi.ered and iervwes provided under This l'.mtwl. ndivurully or in Combination. as ibe can man, be form the effective date of this C.nIMI. o.l:,o, the Sclkr warrants the .ea_iM Akuhatsns will be recugotzcd and accumnadaed and w all at, In my way, rrsuh in hardware. voltwarc ,r firarivae f"arlrae.t he Utry of Lubbock, a is ole �Tlhm, iay require the Seller. at any time, to demdnsir-me the pnkedues it intends to tulluw in order Its amply with all the obligations contained herein. the obligations contained herein apply to products and services provided by the Seller, is su!I.Sellcr or sty third perry involved in the o:reantn or development of the prudncts and ;crvices 10 be delivered to the City of Lubbock under this Contract, F,dilue to comply with say of the obligation contained herein, may result in the ('try of Lubbock availing ifselfnfany, of its rights under the law and under this C'„nrrxt including, hat art limited to, its right pertaining to germination ar default. I he warranties tonarned herein are s pare and discrete from any .other warranties .specified in this C, nrracl. and arc not .alb}act to any dnsciaimer oi'warranty, implied r expressed Fir lanilmoo of the Seller's Inability which inay be .;pecified in this Contract, its appendices, its ,.hedules, its annexes or any ducuient incorpurated in this Contract by reference. 10. S.AFLTY WARRANTY. Seller warrants that the product sold to the Buyer shall conronn 10 the standards promulgated by the l S. Department of Labor under the Occupational Safty and Ilealth %ct of 1970. In the event the product does not conform to OSH.A standards. Bus:r may return the pit duct for comeutton or replacement At the Seller's expense. In the event Seller fads to make the appropriate correction within a reasmabe rime, correction made by Buyer will he at the Seller's expense. It. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part orthis crmrrtct for sale Seller agrees to Ascertau whether goods manufactured in Accordance with the specifications attached to this agreement will give rise to the rightful claim of any third person byway of infringement of the like. Buyer makes no warranty slut the production of gads according to the spceifiication will nor give rise to such a claim and in no event shall Buyer be liable to Seller for iadertaifhcation in the event that Seller is sued on the grounds of infringennes of the like. If Seller is of the opinion that an infringement or the like will reso It. he will notify the Buyer to this effect in writing within two weeks after the signing of this agreement. If Buyer does not receive notice and is subsequently held liable for the infiingement or the like. Seller will save Buyer harmless. If Seiler in gad failh ascertains the production of the gads in accordance with the specnfncalions will mult in infringement or the like, the contract shall be null and void. 12. RIGHT Of INSPECTION. Buyer shall have the Fight to inspect the goods at delivery before accepting Them. I _ C ANCELL.k nor. Buyer 5hall have the right to cancel for defauh all orany put of the undelivered portion of this order if Seller breaches any of the lerms hereof including warranlie:, of Seller or if the Seiler becomes insolvent or commits acts of bankruptcy. Such right of canccilatton is in addition to and liar in lieu of any other remedies which Buyer may have in law or equity. L4. TERMINATION. The perfnntance of wort under this order may be terminated in whole. or in part by the Buyer in accordance with this provision. Termination of work hereunder stall be effected by tk delivery of the Seller oral "Notice of Termination" specifying the extent to which performance of work under the order is terminated and the date upon which such termination becomes effective. Such right err tertniiatiom is In addition to and not in lieu of the rights of Buyer set forth in Clare 13, herein 15. FORCE MAJELRE. Nester party shall be held responsible for bases, resultms if the fulfillment army termer of provisions of this contract is delayed or prevented by any cause not within the control of the parry whose performance is interfered with. and which by the exercise of mas cable diligence said party is unable to prevent. 16, .ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permiuioa of the Buyer. Nay attempted assignment Fir delegation by Seller +hall be wholly void and family ineffective fur all purpose unkss made in conformity with this paragraph. 17. WAIVER. No claim or right Arising out of a breach of this contra[ can be discharged in whole or in pan by A waiver or renunciation of the claim aright unless the waiver cr rertunciation is supported by coaiderAlion and in in writing signed by the aggrieved party. 18. INTERPRETATION -PAROLE EVIDENCE. Thin writing, plus Any specifications far bids and performance provided by Buyer in its advertiserneot for bib. and any other documents provided by Seller as pan of his bid, is mieitdfed by the parties as a final expreysic m of their agreement and intended also as a complete and exclusive statement of the termst of their agreement. Whenever a term defined by the Uniform Commercial Code is used in the Agreement. the definition contatted in the Code is to control. 19. APPLICABLE LAW. This agreement shalt ise governed by the Uniform Commercial Conde. Where ever tie term "Uniform Commercial Code" is used, 0 shall be construed as mean ing the Uniform Commercial. Code as adopted in the Same of Teals as effective and in force on the date or this agreement. 2-0. RIGHT ro .%SSI RANCE. Wherever one parry to this contract in good faith hit reason to question the other parry's intern to perform he may demand that the other party give written assurance of his intent eo perform. in the event that a drnand is made and ne assurance is given within five 45) days, the demanding party tray treat iris faiure as an Anticipatory repudiation of the contract. 1. INDEMNIFICATION. Seller shall indemnify. keep and save harmless the Buyer. its agents, officials and employs. against all injuries. deaths, loss, drmoges claims, patent claims. •utts. liabilities, Judgments, cuss And expenses, which troy in anywise Accrue agama the Buyer n casseyuimix of the granttng of this Contract or which may anywise recall fhonefmm, whether or rial it shall be alleged or determtned rhat the act was caused through negligence or omission of the Seller or its employees, or of the NubSeller or assignee or its employees. if any. And the Seller hall. it his own expense, appear, defend and pay all charges of attorneys Lund all cuss and ether expenses .rising therefrom of incurred In connet:liom Iherewilh, .unl. if any judgment hall be rendered against the Buyer in any such action, the Seller hall, as its, wn expenses. artsiv ad±,ie•cbuge,!te see cell•• e•.prrs;h lider..tartds erect agrxs Cher sae b••nd rrqunr±rJ by this 010tract. or •therwrse provided by Seller, ,hall in no way limit the re.Wri mbihty to indemnify. keep and save harmless and defend the Buyer as herein provided iIME. 11 is hereby expressly agreed and understood that time is of the essence for the performance of this contract. and failure by c rhtrsct to meet tie time specdkatiures of this agreement will cause Seller to be in defauh of this agreement. 23. AIBE. The ('try of Lubbock hereby notifies all bidders that in regard to any corimict entered into pur;nall tc this request, ininurity and women bustnnb cnterpnses will be affirded equal ,pportunities to ,uhmit bads in response at this invitation and will not be discnmurated aganst .on the gruunds of race, color, .ex ,,r natural ongm in consideration err an award Rev. 0812005