HomeMy WebLinkAboutResolution - 2012-R0187 - PO - Sam Pack's Five Star Ford - Pickups - 05_03_2012Resolution No. 2012-RO187
May 3, 2012
Item No. 6.3
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, Purchase Order No. 23101476 for the
purchase of One -ton pickups and service bodies per ITB 12-10606-CI, by and between
the City of Lubbock and Sam Pack's Five Star Ford of Carrollton, 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 on May 3, 2012
TOM VARTIN, MAYOR
!ATTEST:
Rebe a Garza, City Secretary
APPROVED AS TO
MW
Scott Snider, Assistant City Manager
Community Services
APPROVED AS TO FORM:
�:4 --'�
Chad Weaver, Assistant City Attorney
vwxcdocs/RES.Sam Pack's-PurchaseOrd
April 17, 2012
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TIIAI
TO:
PURCHASE ORDER
SAM PACK'S FIVE STAR FORD
P O BOX 110098
CARROLLTON Texas 7501I-0098
INVOICE TO:
CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2006
LUBBOCK, TX 79457
Ordered 04/16/2012 Freight
Requested 08/14/2012 Taken By
Delivery PER TREVINO M REQ 39099
Description/Supplier item
2013 One -Ton, Bed Delete
Spec 1541
2013 One -Ton, Bed Delete
Spec 1544
Terms NET 25 EOM
SHIP TO:
PER ITB 12-10606-CI
Ordered
2.000
1.000
Page - I
Date - 05/04/2012
Order Number 23101476 000 OP
Branch/Plant 231
CITY OF LUBBOCK
FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK Texas 79403
C ISAACS
Unit Cost UM_ Extension Request Date
22,481.0000 EA i 44,962.00 08/14/2012
24,649.0000 EA 24,649.00 08/14/2012
Total Order
69,611,00
This purchase order encumbers funds in the amount of S69,611.00, for the purchase of vehicles awarded on May 3, 2012 to
Sam Pack's Five Star Ford, of Carrollton, Texas in accordance with Sam Pack's Five Star Ford's response to ITB# 12-10606-
CI. The following is incorporated into and made part of this purchase order by reference: Bid Submitted by your firm in
response to City of Lubbock ITB# 12-10606-CI.
Resolution# 2012—RO187 .
CITY OF LUBBOCK ATTEST:
Toth Vartin, Mayor Rebecca arza, City Secretary
rER IS :AND CONDITIONS
INIPORTANT: HEM) C,%REFUI.LY
ST,►ND,1R0 TERMS AND CONDI"rIONS
CITY OF LUBBOCK,'TEX,%S
Seller and Buyer agree as follovre:
1 SFLLLR TO PACKAGE tiC%ID4. Seller will pn:ksgir goods in accordance with good
commercial, pru lice. Facts .hipping c.ntatner ,hall he ckarly and parrwn crialy marked as
tullows lay Seller't name and address, Ib►Consignser's name, address and purchase urda cr
purchasa release number and the supply agrremas number if applicable, Icl Cdrilaula number
and foul number of coeuinen. it d- box 1 of 4 boxes, and (J) then number of the container
bearing the pecking ,lip. Seller +hall hew cost of packaging unless wltaraise provided. Gooch
sliall he tuitebly packed to secure lowest trmspunstion costs and to conform with requirements
of cwtunon cunen and any applicable specs caliueu Buyer's count or weight shall be fined
enrol conclusive on shipments not aecoeep+srtied by pecking lists.
2. SIIIPMENT UNDER RESERVATION PROHIBITED, Seller is not auehorucd ua ship the
gtnntia under reservation and not u ndsrr of a bill of lading will openta no !yids of goads.
3. TITLE AND RISK OF LOSS, lire title and risk of loss of Lire goods shall rest pair to Buyer
,mid Buyer actually rnnvn and takes possetsim of the gwds at the pony or points of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must
fully comply with all provisieru of the contract as to lima of delivery, quality aid she like. If e
tender is made which dolt nor Fully confirms, this shall con Bouts a breach and Shca shall not
have the right to substitute a conforming tender, provided, whin tfr time for performance has
not yet expired the Sean may reasonabfy nixify Buyer of his intension to core sod may then
make a conforming tender within the contract time but not afterward
1. INVOICES ill PAYMENTS. s, Seller shall submit sprite invoices, in duplicate, one such
purchase order or purchase rekass alter each delivery. Invokes shall indicate the purchase
order or purchase minss lumbar and the supply agrcatia numbs if applicable. Invoices
shall be ilemired and lran%PWWim charge, if any, +lull lot listed separately. A copy of the
bill of lading. and the freight waybill when applicable, should ba aruchd to the invoke. Mail
To: Accounts Payable, City of Lubbock. P. O. Boa 2000. Lubbock Texas 7907. Payment
thall not be due until the above instruments art submilid after delivery.
S. GRATUITIES. fhe Buyer may. by wrinext notice to the Sella, coned that contract without
liability to Seiler if it is determined by Buyer dux gratuities, in the funs of eatata mresk gift
or otherwise, were ufkred or given by the Seller, or any agent or representative of the Seiler, to
any ufrksr or ernployne of the City of Lubbock with a view to securing a contract or securing
favwablr uptme t wish respect to the awarding or mmul my or the malting of try
deteeminatiors with respect to the performing of such a contact- In the event this contract its
canceled by Buyer pastimes to this provision. Buyer shall be emitted is addition to airy other
nghts and tersradNs. to recover or wiWsold tit amuses of the toss incurred by Seller in
providing such grstuitles.
7. SPECIAL TOOLS A TEST EQUIPMENT. If then price staid an time face hereof includes the
cost of any special tooling or special ter epiprresir fabirkated or roquired by Seller for the
purpose of filling this order, such special tooling equipmax and any process share related
thereb shall became the peupary of the Buyer and in time extent feasible shall be identified by
the Sailer as fuck.
g. WARRANTY-PRICL
a. The price to be paid by then Buyer shall be that contained in Seller't bid which Seiler
wwTwtn to be to higher than Shcor's currant process on orders by others for prodsns of the
kind and specification covered by tbh agreement for similar qutttitin Linda similar of like
condition and methods of purchase. In an event Seller breaches this wmr tiny. the prk" of
the items shall be reduced to the Seller's current Mica on orders by other, or in the
alternative. Buyer rosy critical this confirm without liability tin Sella for branch or Sel1ar'e
actual expense, b. The Sella wrom is them no person or sailing agency hall been aaployed or
retained to solicit or reetae this contract upon an agte¢msnt or wsdow rodng for commission,
pa cen tags, brok ragr, or contingent feu excepting boa Ads ernploytan of boom Ads
established commercial or "fling sgmcia maintained by the Seller for tic purpose of securing
business. For breach of viciadon of this wrramry the Buyer shall have rite right in o"Lion to
any other right of right tocamas Ihh cmwm wkfKpA iisbiiky sod to deduct ban ihs conuact
prior, or otherwise recover *about liability sold to deduct hen die wrruact price, or odterwia
recover the fill Amason o(wtdh commission. pacentsp, brokerage or coxringem fm
9. WARRANTY -PRODUCT Seiler shag nos limits or exclude my implied vrranti" and airy
attempt to do to strap resider this contact voidable at the option of then Buyer. Shca warrarre
that she goods fumishd will confanm to the spec fkation. dawinp, and descrgrtlwt listed in
the bid invitation, and to the sarnplef r) knushed by the Seller, if arty. is the even of a caoAkt
or between live speciflemisam . drawingot, and descriptdaq the specifications shall governs.
N xwithrtnuding any provisions corsind in the contractual egrcemin dw Seilr tntpreser"
and warrants fad!- fran perfmmence and Ask -Are result an the processing dot slid date relead
dale tin ilus isg, bid not linseed to nkulsnhfg, compering and sequencing) of all hardstaa,
suAwsrs and fkmwens podum delivered and services provided under this Contact.
irldlvhlwlly or In comblivido . as the can my be fvon the of !nave dour of this Conmict.
The obligatio s conumad lmaein apply to products red services provided try the Seller, its sorb
Seller or any third pity invoWd in dot aratiom or develop Is of the products and 2mkcs to
he delivered to the City of Lubbock under this Contrarx Failure to comply wish any of On
ubligatione comaned lrro►a, may muds in ihe City of Lubbock availing itself of any of its
right# under the law and under this Contract inchedisil hills to limited to, its right peruining to
intrimstion or delkuk The warramea camwned herein sit vepsnte wild discrete f sion say
other wanarahs vpacilkd In this Co suism said ads nos vubjecl to any disclaimer of wrr",
implied or expee+asd or Ilanumica of ds Seller's liability which my bs spocifld in this
Contract. its appendicent, nts vchedulr, ALL annexes or try Jxwned incoporaad in We
Contract by refer"Im.
10. SAFETY WARRANTY. Seller Warrants that the product sold to the Buyer shall conroxm to
the standards promulgated by de U S. Department of Labor wda the Occupational Safety met
I Isalth Acl o(1970. in the erem the pmducn don not conform to OSHA standotds, Buyer may
recurn ills product for correcsiea W replaceme 1 at the Seller's eape+tn In the evert! Sella
falls to make his appr prow comecuixt within a reasoro" tint. comnibn madf by Buyer
wile be r the eclir's espeasa
11. Sit) WARRANTY BY BUYER AGAINST INFRINGEMENTS. As pit of the contact for
Wit Seller aptae to ascertse whaher lode mmmfa VWW is roCrdrws with the
spocifleatiorss tuchad to this agteemoss will give rise to the right" client of say third paean
by way of infnngemrrtt of the like. Buyer main no warranty that the prtvdwtion of gods
According to the specification will not gne nit to such a claim, and in w event shall Buyer he
itadde to Seiler for indemadkaum in the event that Seller is sued der the grounds of
tnfringeruru of the like. IT Serer is of the opinions that an infringements or the like will results,
he will notify the Bwyer to this effect in willing within two weekr after the signing of this
,itseemrnl. If Buyer doer not receive notice and is tubwquenily held liable for the
tnfringarvem or the like.. Seiler will -Ave Buyer harmless. If Seller in goad faith ascertain the
piriluclion of the jack in accurdaltce with the specifications will result in mfringemm or the
like. the contract shall be null and void.
12, RiGIIT OF INSPEC T1ON. Buyer shall have tyre not ro impecr the goods at delivery be(nre
accepting them.
13. CANCELLATION. Buyer <hall have the right in comd for def u i all or any pan of the
undelivered passion of this order if Seller breschn any of the terms her"( including wrrantteo
of Seller or if the Seller becomes insolvent or commits acts of hanksupicy. Such ngk of
cancellation is in addition to and nor to lieu of any when remedies which Buyer may have in
law or equity.
14, TERMINATION. rha perfornsuo" of work under this order may be terminued in whole, or in
pars by the Buyer in accordaince with this provirits. Termination of work hereurder shall be
rfkctd by the delivery of the Wive of a "Notice of Tarturiatian" speciiymg the nia s to
which perfomance of work under the order is teammasted and the data upon which such
lamination becomes effective. Such right or tarrvmation is in addition to ant trot in lieu of the
rights of Buyer set forth in Clause 13. herein
13. FORCE MAIEURE. Neither party "I be held responsible for i„tos. resulting if the
fulfithtmnn orally terms of provisionts of this contract is delayed or pmented by any cause not
within the control of the party whom porfixsrtance is interfered with, and which by the exercise
of reasonable diligence said party is on" to prevero,
lk ASSIGNMENT -DELEGATION. No night or mweat in this contract shag be assigned or
delogwice of any obligation made by Seiler wiihom the wnuen permission of the Buyer. Any
attempted owignmaa or dclegubn by Sellor !hall be wholly void and totally inefrective for all
purpose oatkse made in conformity with this paragraph.
17. WAIVER. No claim or HSU arising out of a broach of this contract can be diseh trild in whole
of in part by a waiver or rmuncialum of the claim or right unkse she waiver or renunciation is
supported by consideration and is in writing Oiled by this ogrievd party.
11. IN rERPRETATION-PAROLE EVIDENCE. This writing, phi any specifltarieou far bids and
perfioniaror provided by Blayne is as advarusemss far bids. and m1' other documerW
provided by Sella as part of his bid to intended by the parties as a final expression of their
e61100111" and intended she as a complete and exclusive rtatimml of the tarns of their
epeermerst. Whrnever a term defined by do Uniform Cownmcid Code Is used in this
agreenatn, the definition concerned in the Code Is to control.
19. APPLICABLE LAW. Tics agitinetf shall be pvcmed by the Unifamt Commercial Code.
When ever de tam "Uniform Commercial Cady" is used, it shall be continued as meaning this
Uniform ComnercW Code as adopted in the Suite of Texas as effective and in force cis the
dale of this apeman.
20. RIGHT TO ASSURANCti. Whenever one parry to No contract in good raith has reason to
question der other pone s intent to pa(am he may demand thin tic other party give wntlen
assurance of his intent to parcels. In the event dust a demand is rude and no assurance is
given within five (5) days, tic demanding (arty only urea this When in at anticipatory
miledisriw of the conunim
21, INDEMNIFICATION. Seller "I uldernify, keep and save harmless the Buyer, its agents,
officials and ariployeac against all injuries, deaths Ion- damages, claim pntatt claims, suits,
lisbilkhea judgi airs, cots and expend, which may in an"i n acme aping the Buyer in
consegsalre of the grating of this Contact or which may arywiso nark thlusfiom, wheshor
or not it "A be alleged or desm kW than the so was caused through negligence at omiseion
of the Seiler or iui empkyier , or of the subSellor or naigna or its employees, if any. and the
Seller shag, ar he own expense. apper, defend and psy all charge of atonwya end rillcosta
and other expenses onsing 1ltetRvm of incurred In cormoction therewith, and. if any judginerte
shell he nevdeeed againll the Buyer a arty such action. then Seller shall. at it own expenses.
asefy and dhcharp the some Seller expressly understands and agrees that any brand required
by this contract, or otherwise pravided by Wise, shall let no wiry linty the responsibility to
mdemify, keep odd love harmless ad defend Ow Buyers as herein povidd.
22. TIME. It is hereby expressly agyed and understood thin time is of the eraence for the
performance of this contract. and failure by contract to rises! this time spelflcetiona of this
agreement wsfi cstw Seiler to bt m defntk of thh agtem,
23. MBIi Then City of Lubbock hereby notifies ill bidden duat in regard to Way contract entered
into Pursuant to this recisions. minority and woman business enterprises will be afforded equal
opparnalkin to PArnk bidet in collation to this invitation and will rat br diacrimes" sgaeas
on the grounds of race. color, Wes or natural origin in consitire iom for an award.
24. NON -ARBITRATION. lyre City raanvas the right to exercise airy right a remedy stsilabke to
it by law, contract. equity. or otherwise, including without IimiWiom ilse right o see► arty oW
ad follow of relief in a court of Composite furidkalon. Further, der Cry dhall not be subject to
MY arbiowion Pmem prim w exercisieg its unrestricted right to sed judkW remedy. The
remedies oat forth beeeit see cuanoialive lid mot exchuivo wd rmeybo eaurcead corwuerendy.
To the quern of arry conflict isetween tie provision aril mother provision us. or related to this
docunam, this provision Ad awns!
23 RIGIIT TO AUDIT. As any time during the we of the contract. or thsaaflar. the City. or a
duly suUmoiaed audit repiew tative of the City or the State of Texas, at its text+ ,,t and at
reasonable time*, resterva the right to ads Contractors records sod books rek, d t to all
services provided so the City under this Contract in the even math an audss by the t it. trirali
any arcs of ovapnyester ut by the City, Contractor shall refund the City .he full im,unt „I
such overpay or, within thirty 130) days of rich audit findings, in the i ny, a its ,mows.
reserves the nglaw dednrs such aomdeui owing gins City frtim any payments die Cdnuaa tar.
Rev. 02 2012