HomeMy WebLinkAboutResolution - 2007-R0249 - PO - Scoggin-Dickey Chevy-Buick - Light Duty Pickups, Suvs, Flat Bed Trucks - 06_14_2007Resolution No. 2007 RO249
June 14, 2007
Item No. 6.7
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 a Purchase Order Contract and any associated documents with Scoggin-Dickey
Chevy -Buick, of Lubbock, Texas, for purchase of light duty pickups, sport utility vehicles
and flat bed trucks per ITB #07-037-MA, which Purchase Order Contract and any
associated documents are attached hereto as Exhibit A and made a part hereof for all
intents and purposes.
Passed by the City Council this 14th day of June , 2007.
DAVID A. 4ILLER, MAYOR
ATTEST:
Rebecca Garza, City Secretary
APP VED A Q TO CONTENT:
61111--a 9 — G
L
ar4 Yearwood
Assist -ant City Manager/Chief Information Officer
APPROVED AS,,TO FORM: ,
I
dal
andiver, Attorney o Counse
DDres/Scoggin-DickeyPOcon07Res
June 5, 2007
"Exhibit A"
CITY OF LUBBOCK
ft*N�
Page - 1
U R C H A S E O R D E R Date - 6/07/07
Order No. _ 312212 000 OP
Brn/Plt 3511
TO:
SCOGGIN-DICKEY CHEVY-BUICK
5901 SPUR 327
LUBBOCK TX 79464 4910
SHIP TO:
CITY OF LUBBOCK
FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK TX 79403
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
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Ordered - 06/01/07 Freight - FOB Destination Frt Prepaid
Requested - 10/05/07 Taken By - MARTA ALVAREZ
Delivery - BID 07-037-MA
---------------------------------------.......................................
Description / Supplier Ite
Silverado CK 20903 Pick -Up
3/4 Ton SC Spec. 359
Silverado CK 20953 Pick -Up
3/4 Ext. Cab Spec 371
Silverado CK20753 Pick -Up
Ext. Cab Spec. 505 WTP
Silverado CK 20953 Chassis
Ext Cap Spec. 527 WTP
Silverado CK 30903 Chassis
Std Cab Spec. 523 LAS
Ordered
UM
Unit Cost
UM
5.000
EA
23,573.0000
EA
1.000
EA
24,964.0000
EA
2.000 EA 25,539.0000 EA
5.000 EA 26,520.0000 EA
5.000 EA 23,604.0000 EA
Extension Req. Dt
117,865.00 10/05/07
24,964.00
10/05/07
51,078.00
10/05/07
132,600.00
10/05/07
118,020.00 10/05/07
This purchase order encumbers funds in the amount of $444,527, the purchase of sport utility vehicles and light duty pick-up trucks, awarded to
Scoggin-Dickey Chevy Buick. of Lubbock, Texas on June 14, 2007, in accordance with your response to BID 7-037-MA, Light Duty Pick-ups,
Sport Utilities and Flat Beds. The following is incorporated into and made part of this purchase order by reference: Bid submitted by your firm
including the Bid Forth, Specifications, and General Conditions of BID 07-037-MA. Resolution# 2007—RO249
C OF LUBBOC ATTEST:
David A. Mille , Mayor Rebec6a Garza, City Secretary
Total Order
-------------------------------------------------------------------------------------
TRpm %I AVT �. 444, 527.00
1
stant Attorney
TERMS AND CONDITIONS
IMPORTANT: REAL? CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Buyer agree as follows:
1. SELLER TO 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) Consigners name, address and pumboae order or
purchase release number and the supply agreement number if applicable, (c) Container number
and coal number of cmtaita % e.g. box 1 of 4 boxes, and (d) the number of the container
bearing the packing slip. Seller shall beat cost of packaging unless otherwise provided Gcods
shall be suitably packed to secure lowest nerapormtion cost and is conform with requirements
of commata canien and troy applicable specifications. Buyer's count or weight stall be find
and conclusive on shipments not accompanied by packing lists.
2, SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the
gtrrds under reservation and ono tender of a bill of lading will operant as a tender of goods.
3. TITLE AND RISK OF LOSS. The title wad risk of loss of the goods shall not pan to Buyer
until Buyer acridly receives and takes possessian of the Soak st the point or poih4 of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods most
Bully comply with all provisions of this contract as to time of tlelivery, quality and this like. Ira
tads is made which don not fully conform, this doll cohstltsts a breach and Sella shall not
have the right to suabsttute a conforming tender, provided, where the time for performmrice has
not yet expired, the Sella may teasombiy, notify Buyer of his intention to care and may that
melee a conforming tender within die contract time but not afterward
5. DiVOICES aft PAYMENTS.
a. Seller shall submit separate invoices, in dupikate, erne each purchase order or purchase
release afterescli delivery. Invoices shall indicate the purchase artier or purchase release
number and the supply agreemenn number if applicable, Invoices shall be itemized and
tratsportatim charges if troy, shall be listed separately. A copy of the bill of lading, and die
&eight waybill when applicable, should be attached to the invoice. Mail Tw Accounts
Payable, City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457. Payment shall not be due
until the above Instruments are submitted after delivery.
6. GRATUITIES. The Buyer may, by written retries to the Seller, cancel this contract without
Lability to Seiler if it is determined by Buyer that gntrddes, in ale farm of enteruinnent gaffs
or otherwise, were offered or given by tla Seller, or try agent or representative of the Seller, to
hey officer or amployse of elm City of Lubbock with a view to securhhg a contract or searing
faverable, treatment: with reaped to the awarding or amentdM& or die making of arty
deermiuuuiooa with respect to the paiorming of sch a contact. in tea went ids contract is
canceled by Buyer putsmrtt m this provision, Buyer shail be entitled, in addition to my oiler
right and remedies, to recover or witnbold the amont of the cost incurred by Sella in
providing such gratuities.
7. SPECIAL TOOLS & TEST EQUIPMENT. If the price stated on the face hereof irci des the
cost of soy special unsling or special tea aryiprment fabticaled at required by Seller for the
purpose of filling this. order. such special tooling erpiipm art and any process shows related
rhaem shall became the property of do Buyer and to die extern faasrble shalt be identified by
the Selleras such.
8. WARRANTY -PRICE.
s. The price to be paid by the Buyer shall be do contained in Seller's bid which Seller
warrants to be no higher than Setters current process on orders by otters for products of the
kind and specification covered by this agreement for similar quantities under similar of like
conditions and methods of puuchase. N due even Seller breaches this wwmrdy, eke prim of
the items shall be reduced to the Setter's cirent prices on orders by others, or in the
alternative. Buyer may once{ this contract without: liability to Seller for breach or Settees
actual expense.
b. The Sella warrants that no person or selling agency has been employed or retained to solicit
or swum this contract upon an agreement or understanding for cornmissim percentage,
brokerage, or contingent fee excepting bum tide employees of bona Cede established
commercial or selling agencies maintained by the Sella for the purpose of securing business.
For beach of vitiation of this warranty tie Buyer shall have the right in addition to any other
right of rights to cancel this , i , without liability and to deduct fyom the conned prim or
otherwise recover without tisbility and so deduct grim tiro contrect price, orotherwise recover
the M amount of such commission. pararrage, brokerage or contingent tea.
9. WARRANTY -PRODUCT. Seiler "I no limit or exclude any implied warranties and coy
amamfr to do w shall render this contract voidable at the option of the Buyer. Seller warmarnta
That the goods famished will conform to the specificalim drawings, and descriptions lured in
the bid invitation, and to the sample(s) furnished by the Seller, if any. In the event of a conflict
or between the specifications, drawings, and descriptions, the specifications shall govern.
Notwithstanding any provisions contained in the contractual agreement, ale Seller hepnesents
and warrants fault-fhee performance and fault -free result in the processing date and date related
date(inciudirtg, but not limited to calculating, compering and sequencing) of all lurdwsm
software and firmware products delivered and services provided under this Contract,
individually or in combinationn, as die case may be from the effective date of this Contract.
Also, the Seller warrants the yesr2000 calculations will be recognized and accommodated and
will not, in arty wry, result in hardware, software or firmware failure. The City of Lubbock at
its sole option, may require the Seller, at any time, to dartanstrae the procedures it intends to
follow in order to comply with all the obliplions contained herein. The obligations contained
herein apply to products and services provided by the Sallee, its sub -Seller or any third party,
involved in the creation or development of the products and services to be delivered to the City
of Lubbock under this Connect. Failure to comply with any of the obligations contained
herein, may result in the City of Lubbock availing itself of any of is rights ceder the law and
under this Contract including, but not limited to, its right pertaining to termination or defsuit.
The warranties contained herein are wpw tp and discrete from any adw warranties specified
in this Cmb*M and are not subject to ny disditimeer of warra tyr, implied or expressed or
limitation of the Seller's liability which may be specified in this Contract, its appendices, its
schedules, its annexe or army document incorporated in this Contract by referace
10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to
the standards prom illiaed by the U. S. Department of labor under the Ocaupstional Safety and
Health AO of 1970. in the event the product does not conform to OSHA standards, Buyer may
return the Product for correction or replacement at the Seller's expense. In the agent Self
fade to make de apprapri me cartectim within a reasonable than, correction male by Buyer
will be at the Seller's expanse.
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENT'S. As part of this contrsd for
sate Seller agrees to ascertain whetter goods manufactured in accordance with the
specifications amached to this agreement will give rise to the rightful claim of arty third person
byway of infringement of the like. Buyer makes no warranty duet the production of goods
acceding to the specification w01 uor give rise to such a claim, red in no event shall Buyer be
liable to Seller for indemnification in the event tat Seiler is sued on the grounds of
infringement of the like. If Seller is of the opinion that an infringement or the like will mndt,
he will notify die Buyer to this effect in writing within two weeks agar the signing of this
sgre a mere. if Buyer does not receive notice and is subsequently bold liable fro the
in&iegamnt or the like, Sailer will save Buyer harmless. If Sella in good faith ascertains to
production of the goods in accordance with the speeifictoa will result in Inning errent or the
like, the contract shall be null and vod.
12. RIGHT OF INSPECTION. Buyer shall have the right to inspect tie goods at delivery before
"ties tan.
13. CANCELLATION. Buyershill have the right to carted for defadt all or arty part of the
umddivered portion of die order if Sella hn*cbm any of the etas hereof including warrandies
of Sdter ar if ate Seller bermes insdvcnt or counts acts of benknq y. Such tight of
cancellation is in addition to and not in Gnu of any other remedies which Buyer may have in
Law or equity.
14. TERMINATION. The performance of work under this order may be terminated in whole, or in
part by the Buyer in accordance with this provision. Tetntitaton of work hereunder shall be
effected by de delivery of the Seller of a "Notice of Termination" specifying the extent to
which performance of work under the order is terminated and the dais upon which such
termirabon beconhe'a effeCdve. Such right or ermimtian is in addition to and not in lieu of the
rights of Buyer set fords in Claws 13, beretrt.
13, FORCE MAJEURE. Neither party shall be hold responsible for losses, resulting if the
RslflgmnN of arty etas of provisions of this contract is delayed or pmever led by any cause not
within the cow" of the party whose pafimmur to is into in with, and which by to exercise
of ro wrm6le diligeruce acid party is on" to prevort
16. ASSIGNMENT -DELEGATION. No right or interest in this counsel shall be assigned or
delegation of soy obhgatim made by Seiler without the written permission of the Buyer. Any
attempted assigarttam or delegation by Seller sill be wholly void and totally inrffective for all
purpose union made in conformity with dus paragraph.
17. WAIVER. No claim or right arising ost of a breach of this contracttan be discharged in whole
or in part by a waiver or remmociatan of the claim or right tmless the waiver or ratmciatlan is
supported by consideration and is in writing signed by do aggrieved party.
18. INTERPRETATION -PAROLE -EVIDENCE. This writing, plus any specifications for bids and
performance provided by Buyer in its advertisement for bids, and soy other documents
provided by Seller as part of his biro is intended by the parties as a final expression of their
agreement and intended also as a complete and exclusive testament of ditto i of their
agreement. Whenever at rerun defined by the Uniform Commercial Code is used in this
agreement, die definition contained in the Code is to eontia
19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commomial Code.
Where ever the can "Uniform CommxreW Cods" is used, it shall be conwrtad as meaning the
Uniform Commercial Code as adopted in the State of Texas as effective and in farce on the
date of this terceme m.
20. RIGHT TO ASSURANCE. Wheneverom party w dhts contract in good faith has nwon to
question the other parry's inert to perform he may demand that the other party give written
assnmatmce of hie inrnt m perform. to tic even than a dom mad k made and m assurance is
gives within five (5) dsy; the dansnding party army treat this failure as an anticipatory
repudiation of the contract
21. WDEMNiFICATION. Seller shell indemnify, keep and save humiliate the Buyer, its agents,
officials and employees, against all injuries, deafhs, loss, damages, claims, patent ctairm, suits,
liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in
consequence of the granting of this Contract or which tray anywise result derefrom, whether
or not it shall be alleged or determined duet the act was caused tluoregh negligence or Omission
of de Seller or its omployoa, or of the subSalla or assignee or its a mrptoyea, if any, and use
Seller shall, at his own expense, appear, defend and pry a6 charges of attorneys and at costs
snd mtha expenses arising thereftam of incusred in connection therewith, and, if any judgment
shall be rendered agdist the Buyer in any such action, tic Seller shall, at its own expenses,
satisfy and discharge the sae Seller eepeeady utdursta ds and agree deal any bed required
by this cmnoact, or otherwise provided by Sailer, shall in no cosy limit the responsibility m
taderrmity, keep and save harmless and defend the Buyer as lierslnm provided.
22. TIME. It is hereby expressly agreed and tnderstood then dine is of the essence for the
perimmartce of this contract, aid failure by contract to meet the time spodr=fions of this
agreauerm wilt case Seller to be in default of tits aaucement.
23. MBE. The City of Lubbock hereby notirms all ladders tau in regard to any contract entered
into pursuant to this request, minority and women business enterprises will be afforded equal
uppothnitfa to submit bids in response to this invitation and will not be discriminated against
on die grounds of nor, color, sex or natural origin in consideration form award.
Rev. 0812005