HomeMy WebLinkAboutResolution - 2012-R0188 - PO - Scoggin-Dickey Chevrolet-Buick - Pickups - 05_03_2012Resolution No. 2012—RO188
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. 31010311 for the
purchase of one -ton pickups and service bodies as per ITB 12-10606-CI, by and between
the City of Lubbock and Scoggin-Dickey Chevrolet -Buick, 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 MARTIN, MAYOR
ATTEST:
Rebec Garza, City Secretary
APPROVED AS TO
Scott Snider, Assistant City Manager
Community Services
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vwxcdocs/RES.Scoggin Dickey-PurchaseOrd
April 4, 2012
r r city Of
lubbock
TEIfAS
TO:
PURCHASE ORDER
SCOGGIN-DICKEY CHEVY-BUICK
5901 SPUR 327
LUBBOCK Texas 79464 4910
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000
LUBBOC& TX 79457
SHIP TO:
Page - I
Date - 05/04/2012
Order Number 31010311 000 OP
Branch/Plant 3526
CITY OF LUBBOCK
FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK Texas 79403
Ordered 05/03/2012 Freight
Requested 08/I4/2012 Taken By C ISAACS
Delivery PER TREVINO M REQ 39099 PER ITB 12-10606-C1
Description/Supplier Item _ Ordered Unit Cost UM Extension Request Date
2013 One -Ton Pickup Ext Cab 1.000 25,000.0000 EA 25,000.00 08/14/2012
Spec 1542
2013 One -Ton Pickup Long Bed 1.000 26,02T0000 EA 26,027.00 08/14/2012
Spec 3513
One -Ton Cab & Chassis 1.000 23,800.0000 EA 23,800.00 08/14/2012
Spec 528
One -Ton, Bed Delete 1.000 28,867.0000 EA 28,867.00 08/14/2012
Spec 1543
Total Order
Terms NET 30 103,694.00
This purchase order encumbers funds in the amount of $103,694.00, for the purchase of vehicles awarded on May 3, 2012 to
Scoggin-Dickey Chevrolet -Buick, of Lubbock, Texas in accordance with Scoggin-Dickey Chevrolet-Buick'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-C1.
Resolution# 2012—RO188
CITY OF LUBBOCK� ARebec
ST:
i
Tom Martin, Mayor eaGarza, City Secretary
TERMS AND CONDITIONS
INIPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK. TEXAS
Seller and Buyer agree as follows:
1 SELLLR FO PACKAGE GOODS. Seller will package goods in accordance with good
commercial practice. Each shipping container shall be clearly and permanently marked as
follows (a) Seller's name and address, (b) Consignee's name, address and purchase order or
purchase release number and the supply agreement number if applicable, (c) Container number
and tout number of containers, e.g. box I of 4 boxes, and (d) the number of the container
bearing the packing .lip. Seller shall bear cost of packaging unless otherwise provided. Goods
shag be suitably packed to secure lowest transportation costs and to conform with requirements
of commdm canners and any applicable specifcalions. Buyer's count or weight shall be final
and conclusive on shipments not accompanied by packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the
goods ender resentuion and no tender of m bill of lading will operate saw a tender of goods.
3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer
until Buyer actually receives and takes possession of the goads at the point or points of
delivery.
4, NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must
fully comply with all provisions of this contract as to time of delivery, quality and the like. If a
tender is made which does not fully conforms this shall constitute a breach and Seller shall not
have the right to substitute a conforming tender. provided where the time for performance.lus
not yet expired, the Seller may seasonably notify Buyer of his intention to cure and may then
make a conforming tender within the contract time but not afterward.
S. INVOICES & PAYMENTS. a. Seller shall submit separate nrianCCL in duplicate. One each
purchase order or purchase release after each delivery. Invoices shall indicate the purchaw
order or purchase release number and the supply agreement number if applicable. Invoices
shag be itemued and transportation charges, if any, +hall be fisted sepsretely. 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. 0. Box 21100, Lubbock, Texts 79437. Payment
shall not be due until the above instruments arc submitted after delivery.
6. GRATUITIES. The Buyer may, by written notice to the Sella, cancel this contract without
liability to Seller if it is determined by Buyer that gratuities, in the form of mtertinment, gifts
or otherwise, were offered or given by the Seller, or any agentair representative of the Seller, to
any officer or ennployte of thr City of Lubbock with a view to securing a contract or securing
favorable treatment with respect to the awarding or amending. in the making of any
determinations 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 amount of the cost incurred by Seller in
providing such gratuities.
7. SPECIAL TOOLS & TEST EQUIPMENT. If one price stated on the face hereof includes the
cost of any special tooling or special tea 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 extant feasible shall be identified by
the Seller as such.
A. WARRANTY-PRICH,
a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller
warrants to be no higher than Seller's current process on orders by ushers for products 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 breeches this vvemnty, the prices of
the items shall be reduced to the Sella's current prices on ardent by other, or in the
alternative. Buyer may cancel this contract without liability to Seller for breach or Sella's
actual expense. b. The Seller warrants that no pawn or selling agency has been employed or
retained to solicit or secure this contract upon an agtemrerit or understanding for commission,
percentage, brokerage, or contingent fee excepting Mona fide employees of bane fide
established commercial or selling agencies mitimmised by the Seller for the purpose of securing
business. For breech of viciatian of this womanly the Buyer shall have am right in addition to
any other right of rights to cancel this contract without liability and to deduct f}mn the contract
price, or otbenwiss recover without liability said to deduct from the contract price, or otherwise
recover the full amount of such commission, pacemage, brokerage or contingent fee.
9. WARRANTY -PRODUCT. Seiler shall not limit or exclude any implied warranties and any
attempt to do so shag render this contract voidable at the option of the Buyer. Sella warrants
that the goods fumished will conform to the specification, drawings, and descriptions listed its
the bid invitation, and to the semplafs) furnished by the Seller, if any. In the event of s conflict
or between the specifications, drawings, and descriptions, the specifications shall govern.
No nlitsunding any provisions contained in the contractual agreement, the Seller represents
and warrants fault -free performance end fault -from result in the proms ning date end dale related
data (including, but not limited to calculating, comparing and sequencing) of all hardware,
software and Forwent products delivered and services provided under this Contract.
individually or in combination, as the case Tray be from the effective dale of this Contract.
The obligisioru contained herein apply to products end services provided by the Sella, its sub -
Sella or any third party involved in the creation or development of the products and service to
be delivered to the City of Lubbock under this Contrace Failure to comply with any of the
obligations conteirsed herein, may mull in the City of Lubbock availing itself of any of its
rights under the law and under this Contract including, but nor limited to, its right pertaining to
iemninalion or default. The warranties contained herein we separator and discrete from any
other werrsmi i specified in this Contract, and are not subject to any disclaimer of warranty,
implied or expr"sed, or limitation of the Seller's liability which may be specified in this
Contract its appendices, its schedules, its annexes or any document incorporated in this
Contract by reference.
10. SAFETY WARRANTY. Seller warrens that the product sold to the Buyer shall conform to
the standards promulgated by the U. S. Department of Labor undo the Occupational Safety and
I Ieslth Act of 1970. In the event the product does not conform to OSIIA similitude, Buyer may
return the product for correction or rephncement at the Sella's expense. In the event Seller
riots in make the appropriate correction within a reasonable lime, correction nude by Buyer
will he at the Seller's expense.
I I. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As pat of this contract for
sale Seller arm to escoruin whether goads manufactured in &ccordasee with die
speciftcauorn attached to this agreement wtll give rise to the rightful claim of any third person
by way of infringement of the like. Buyer nukes no warranty that the producfion of goods
according to the specification will not give rise to such a claim, and in no event shall Buyer be
liable to Seller for indemnification in the event that Seller is sued on the grounds of
infringement of the poke. If Seller is of the opinion that an infringement or the like wilt result,
he will notify the Buyer to ibis effect in wrung within two weeks after the signing of this
agreement. If Buyer does not receive notice and is subsequently held liable for the
infringement of the like, Seller will save Buyer harmlen. If Seller in good faith ascertains the
production of the goods in accordance with the specifications will result in infringement or the
like, the contract shall W null and void-
12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goad% at delivery before
accepting them.
13. CANCELLATION. Buyer shall have the right to cancel for default all or any parr of the
undelivered portion of this order if Seller breeches any of the terms hereof including warranties
of Seller or if the Seller becomes insolvent or commits acts of bankruptcy, Such right of
cancellation is in addition to and not in lieu of any other remedies which Buyer may have in
law or equity.
14. TERMINATION, the perfomunce of work under this order nay be terminated in whole, or in
pan by the Buyer in accordance wish this provision, remination of work hereunder shall be
effected by the delivery of the Seller of a "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 termination is in addition to and not in lieu of the
rights of Buyer set forth in Clause 13. herein.
IS. FORCE MAIEURE. Neither party shall be held responsible for losses, resulting if the
fulfillment of any terms of provisions of this contract is delayed or prevented by any cause not
within the control of the party whole performance is interfered with, and which by the exercise
of seuanable diligence said party is unable to prevent.
I& ASSIGNMENT -DELEGATION. No right or interest in "a conlnn shall be assigned or
delegation of any obligation made by Sella without the wrium permission of the Buyer. Any
attempted assignment or delegation by Seller shall be wholly void and totally infective for all
Purpose unless made in conformity with this puagraph.
17, WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole
or pn pen bye waiver or renunciation of dw claim or right unless the waiver or renunciation is
supported by consideration and is in wailing signed by die aggrieved party.
I lL INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications forbids and
peda nanse provided by Buyer is its advatimuma for bids, small may other docurneata
provided try Seller as part of his bid is intended by the parties u a final expression of their
agreement and intended also ere a complete and exclusive statement of the derma of their
agreement. Whenever a term defined by the Uniform Commercial Code is used in this
agreement, the definition contained in the Code is to control.
19. APPLICABLE LAW. This agreement shall be gave i by the Uniform Commercial Code.
When ever the term "Uniform Commercial Cade" is used it shall be construed as meaning the
Uniform Commercial Code as adopted in the Stale of Texas as effective and in force on the
dais of this agreenxnL
20, RIGHT TO ASSURANCE. Whenever one parry to this contract in good faith his reesam to
question the other patty's intent to perform he may demand that the other party give wrincrs
assurance of his intent to platform In the event that a demand is made will no assurance Is
given within five IS) days. the demanding party may raat this failure as an anticipatory
repudiation of the contract.
21. INDEMNIFICATION. Seller shall indemmnify, keep and move harmless the Buyer, its agents,
officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits,
liabilities, judgments, toss and expenses, which nay in anywise accuse against show Buyer In
consequence of the grwiung of this Contract or which may anywime resslt therefrom, whether
or not it sh ill be alkged or daennied that the act was caused through negligence or onniasion
of the Seller or its employees, or of the subSeller or assignee or its employee, if cry, and the
Seller shall, at his own expense, appear, defend and pay all chargee of allomeys and all wets
and other expenses arising therefrom of incurred in connection Iherewillt, and, if any judgment
shall be raidered against the Buyer in eery Arch action, the Seller shall, at its own expenses,
-Atiafy and discharge the were Sella expremely a ndastatim mad agrees that any bond required
by this contract. or otherwise provided by Seller, shall in no way limit the responsibility to
indemnify, keep and save harmless and defend one Buyer as herein provided.
22. TIME. It is hereby expressly agreed and understood dal time is of die reaction for the
paiormmca of this contract, and failure by contract to time the tiro specifications of this
agreemem will cause Seller to be in default of this agreement
23. MBE. The City of Lubbock hereby notifies all bidden that in regard to any contract entered
into pursuant to thin request, minority tad women business enterprisss will be afforded equal
opportunities to submit bids in response to this invitation tad will not be discriminated against
on the grounds of race, color, sex or natural origin it consideration for an award.
24. NON -ARBITRATION. The City reserves the right to exercise any right or remedy available to
it by pew, contract, egwty, or otherwise, including without limitation, the right to sett any and
all forms of relief in a coat of competent jurisdiction. Further, the City shall not be subject to
any arbitration process prior to exercising its unrestricted right to sew judicial remedy. The
remedies set forth herein ate cumulative and not exchnive, and may be exorcised concurrently.
To the extent of any conflict between this provision and another pmvnian in, or related to, this
document, this provision %hell control.
25. RIGIIT TO AUDIT. At any time during the term of the contract, or thereafla, the City, or a
duly outhoriad audit representative of she City or the Slaw of Texas, at its r%p,rnse and .it
reasonable times, reserves the right to audit Conlrectars records and books rvic.ani to all
services provided to %the City usda this Contract In the event such an audit by the t is, revcal<
any error or overpayments by the City. Contractor shall refund the City the full inhsunt ,.i
such overpayments within thirty (30) days of such audit findings, or de City, as it, option.
reserve the right to deduct such a otimm. owing the City from any payments due Cossira for
Rev. 02 2012