HomeMy WebLinkAboutResolution - 2007-R0250 - PO - Gene Messer Ford - Light Duty Pickups - 06_14_2007Resolution No. 2007-R0250
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 Gene Messer Ford
of Lubbock, Texas, for purchase of light duty pickups 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.
D•VI. A. MILLER, MAYOR
ATTEST:
Garza, City Secretary E_
APPROVED AS TO CONTENT:AL-k-k .
&W60A
Ma Yearwood
Ass tant City Manager/Chief t1n ation Officer
APPROVED AS FORM:
wk
Don Vandi er, torney o Counsel
D Dres/M esseifordPOcon07-02 Res
June 5, 2007
"Exhibit A"
CITY OF LUBBOCK
I
TO:
PURCHASE ORDER
GENE MESSER FORD INC
BOX 16305
6000 W. 19th
LUBBOCK TX 79490
Page - 1
Date - 6/07/07
Order No. - 312210 000 OP
Brn/Plt - 3511
SHIP TO:
CITY OF LUBBOCK
FLEET SERVICES
206 MUNICIPAL DRIVE
LUBBOCK TX 79403
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000 �f'
LUBBOCK. TX 79457 BY: `V �i` 1 l L'
-----------------------------------------------------------------------------------
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
F150 Pick -Up 112 Ton 4x4
Ext. Cab Spec. 320
F250 Pick -Up 3/4 Ton Short
Wide Bed Ext Cab Spec 372
F350 Pick -Up One Ton 4x4
Spec. 501
F150 Pick -Up 112 Ton
Long Bed 4x2 Per Spec. 302
F150 Pick -Up 112 Ton Ext.
Cab 4x4 Spec. 321 SW
F150 Pick -Up Short Bed 4x2
Per Spec. 300
F150 Pick -Up 112 Ton Long
Bed :spec 320 WTP
Ordered
UM
Unit Cost
UM
Extension
Req. Dt
-----------
2.000
--
EA
...........
17,446.0000
--
EA
------------
34,892.00
-------- .
10/05/07
2.000
EA
19,942.0000
EA
39,884.00
10/05/07
1.000
EA
22,814.0000
EA
22,814.00
10/05/07
1.000
EA
16,946.0000
EA
16,946.00
10/05/07
2.000
EA
22,151.0000
EA
44,302.00
10/05/07
2.000
EA
14,988.0000
EA
29,976.00
10/05/07
1.000
EA
17,762.0000
EA
17,762.00
10/05/07
This purchase order encumbers funds in the amount of $206,576, the purchase of light duty pick-up trucks, awarded to Gene Messur Ford Inc. 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 'Form, Specifications,
and Gcricra1 Conditions of BID 07-037-MA. Resolution# 2007—RO250
CITY OF LUBBO �. ATTEST:
/' _QL� T Order
'W,�idA-Will r-KIayor--- ------------------------ 1rteli caCatza,CitySecretary- ---
Terms NET 30 206,576.00
APP VED AS TO RM•
As t City Atto ey
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK. TEXAS
Seller and Buyer agree as follows:
I. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good
commercial practice. Each shipping contsiner shall be clearly and permanently marked as
follows (a) Seller's roue 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 total number of contains-, e.g. box 1 of 4 boxes, and (d) the number of the container
beating the packing slip. Seller shall bear cost of packaging unless otherwise provided Goods
shall be suitably packed to secure lowest transportation costs and to canteen with requirements
of onnmon carriers and may applicable specifications. Buyer's count or weight shsli be furl
and conclusive on shipments not accompanied by packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Sella is not authorized to ship the
goods under resawuiatt and no tender of a bill of loft will operate as a under of goods.
3. TITLE AND RISK OF LOSS. The tide sad risk of loss of the goods shall not pars to Buyer
until Buyw actually receives and takes possession of the goods at the post or points of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDF-R. Every tender of delivery of goods must
fully comply with all provisions of this contract as to time of deivery, quality and the like. If a
tender is made which does not Adly conform, this shall constitute a breach and Seiler shall rot
have the right to substitute a conforming tender, provided, where the time for performance bas
not yet expired, the Sella may reasonably notify Buyer of his intention to erne and may then
make a confirming teller within die contract time but not afterward.
S. INVOICES & PAYMENTS,
a. Seller stall submit separate invokes, fat duplicate, one each parelase order or purchase
release after each delivery. Invoices shall indicate the purchase order or purchase release
mamba and der supply agreement number if applicable. Invoices shall be itemized and
ownporUdta elmVm if any, shall be hated sepaatdy. A copy of the billof lading, and the
freight waybill whet applicable, should be attached to the involve. Mail To. Accounts
Payable, City of Lubbock, P. 0. Bur 200Q Lubbock Taus 79457. Payment shall not be data
until the above tasbamanrn we submitted after delivery.
6, GRATUITIES. The Buyer may, by written notice to the Seller, canal this contract without
liability to Seller if it is determined by Buyer that gratuities, in the form of a teruimnent gifts
or otherwise, were offal or giveet by the Seller, or my agent or repeseritetive of the Sella. to
any officar or tmploym of the City of Lubbock with a view to securing a contract orsecuring
favorable heatmet with respect to the awarding or aura iding, or the making of any
determination with respect to the peefomi ng of such a contract In the event this contract is
canceled by Buyer purnaw to this prrvialo . Buyer shall be entitled, in addition to any other
rights and remedle; to recover or withhold the amount of the coat iehcteted by Seller in
providing arch gratuities.
7. SPECIAL TOOLS & TEST EQUIPMENT. if the price stated on the Ewe hereof includes the
cost oraoy spacial tooling or speed test equipment ft riatcd or required by Sadler far the
Purpose of fitting this order, such special tooling egdpmait and any process them related
then shall become the property of the Buyer and to the extent fallible shall be identified by
the Seller as arch
S. WARRANTY -PRICE.
a. The price to be paid by the Buyer shall be dint contained. in Sela's bid which Seller
warrants to be rho higha dart Seller's current process on orders by others for poducn of the
kind and specification covered by this agreement for similar quantities under similar of like
conditions and methods of pumham to the event Seller breaches this warranty, the prices of
the items shall be reduced to the Selta's current prior on orders by txier-s� or in the
alternative. Buyer may caned this ccanacn widow liability to Seller for breach or Sealer's
actual expanse,
h The Sdkr wmrxtb Nat nm pmm rot sdiktg mpncy ba beset empla"d ertaamod ao solicit
or me= ths contract upon an agtemant or understanding fix commission, pemenher,
brokerage, w contingent fin excepting bona fide employces of bona fide asnblidad
commercial or setting agencies maintained by the Sailer for do purpose of securing business.
For breach of vicisden of this warranty the Buyer "I have the right in eddiim to any Otter
right of tights to cancel ttas contract without liability ad to deduct from die contract price, or
otherwise recover without liability end to deduct from the contra': price, or otherwise recover
the fall anohnt of such commission, percentage, brokerage or oontingerd fee.
9. WARRANTY -PRODUCT. Seiler shall not limit or exclude any implied warranties and any
ahempt to doso shall render this contract voidable at the option of the Buyer. Seller warrants
that the goads famished will confotn to the specification, drawings, and descriptions listed in
the bid invitation, and to the samples) frrmisbed by the Seller, if any. In der event are conflict
or between the sped 4cations, drawings, and descriptions, the specifications shall govern.
Notwithstanding any provisions contained in the contractual agreement, die Seller represents
and warrants fault -free performance and feuR-fax result in the processing date and date related
data (including, but not limited to calculating, compering and sequencing) of all hardware,
software end firmware products delivered and services provided underthis Contract.
individually or in combination, as the case may be from the effective date of this Contract.
Alan, the Seller warrants the yea20t10 calculations will be recognized and acomtmodxed and
will not, in any way, result in hardware. software or firmware failure. The City of Lubbock, at
its sale option, may require the Seller, at toy time, to demonstrate the procedures it intends to
follow in order to comply with all the obligeti® contained herein. The obligations cotdained
herein apply to products end services provided by the Seiler, is srbSelkr or any third party
involved in the creation or development of the products and iftvica to be delivered to to City
of Lubbock under the Contract, Failure so comply with any ofthe obligations contained
herein, may narh in the City of Lubbock availing itself of eery of its nights under the law and
under this Contract including, but not limited to, its right pertaining to termination or default
The warranties contained herein we sep rak and distatas from any otter warranties specified
in the t AnracL and are not subject to any disclaims of warranty, Implied or expressed or
limitatimm of the Seller's liability which may be specified in this Contract, its appet+dico, its
schedules, its annem or wry document incorporated in this Contract by refa vism
10. SAFETY WARRANTY. Seller warrants that the pmdutd sold to the Buyer shall coofam to
the standards promulgated by the U. S. Department of Labor under the Occupational Safety and
Health Act of 1970, In due event the product does not conform to OSHA standards, Buyer may
return the product for correction orreplacement at the Seller's expanse. In the avant Seller
faits to make the appropriate correction within a reasonable time, correction made by Buyer
will be at the Seller's expeua
11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As put of this contract for
sale Sella spumes to ascertain whether goods manufactured in accordance with do
specifications witched to this agreement will give rise to the righlfW claim of any thud pawn
byway of infringement of the like. Buyer snakes no warranty that the production of goods
according to the specification will not give rise m such a eshn, and in no evert shall Buyer be
liable to Seller for indeamification in the event that Seller is sued an the grounds of
infringement of the liko. If Seller is of the opinion thatan inking new or the like will result,
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 Isbk for the
infringement or the Ulm, Seller will save Buyer harmless. If Seller its good faith ascertains die
production of due gosh in accordance with the specifications will result in infringement or the
like, the contract shall be null and void
12. RIGHT OF INSPECTION. Buyer shall have to right to Inspect the goods at delivery baron
—spring them-
13, CANCELLATION. Buyer shall have the right to cancel for dafartlt sit or soy pat of the
u n&hvaad portion of this order if Seller breaches any of the teens hereof including warranties
of Seller or if the Seiler becomes insolvent or commits sets ollbankntptcy, Such right of
canceWtirr is in addition te sad nOtin lieu of array Other namedies which Buys may have ins
Low or equity.
14. TERMINATION. The performance of wort under this order may be terminated in whole, or in
pert by the Buyer in nocordi nce with this provision. Ter mastimn of work heremider stall be
effected by the delivery of the Seiler of a "Notice of Termination" specifying the extent to
which pa fionsi ice of wok under the order is terminated and the date upon which such
tetmiation becomes cffwdve. Such right or termination, is in addition to aced we In lieu of the
rights of Buyer set Toth in Clam 13, harem
15. FORCE MAfEURE. Neither perry shall be hand responsible for losses, resdNng if the
fllfiRtnmt of any terns of pvr•isiom of this contract is delayed orpreeveruad by any cam nut
within the control, of of the patty, whose perfortance is interfered with, and which by the exorcise
of reasonable dillgehce said party is unable to prevent
16. ASSIGNMENT-DELEOATTON. No right min' ' in this contract shale be assigned or
delegation of any obligation made by Sella without the written permission of the Buyer. Any
attempted sasipinnot or delegation by Sailor shall be wholly void and totally seffestive for all
purpose unless rode ins conformity with this paragraph.
17. WAIVER. No claim orright wising out of a breach of thds coobadx can be diselargid in whole
or in part by s waiver or taunciation of the claim aright minx the waiverat reaonaatim is
supported by rmrideratimo and is m writing slgned by the eggirlirply
18. INTERPRETATION -PAROLE -EVIDENCE. This writing, plus any specifications for bids and
performance provided by Buyer in its advertisement for bids, atd my other documents
provided by Seller as part of his bid is intended by die patties as a foal expression of their
agreement and intended also as a complete and exclusive statement of the terms of their
agreement. Wbcmevm a term defined by the Uniform Commercial Code is used in this
agreement, the daGnition contained in the Cade Is to control.
19. APPLICABLE LAW. Ibis agreement shall be governed by the Uniform Commercial Code.
Where ever the tern "Uniform, Commercial Cade" is used, it shall be command as meaning the
Uniform Cotnmaeaal Code as adopted in the State of Texas as effective and in force on the
date of this agreement.
20. RIGHT TO ASSURANCE Whatever one patty to this contract in good faith has reason to
question die other party's intent to perform he may demand that the other poly give written
assurance of his inoem to perforos In the ovens tla a demand is Trade and ro mmrrtce s
given within five (5) days, the ddmeding peaty may treat this 6ilure as an anticipatory
repudiation of the contract
21. INDEMNIFICATION. Seller shag indemnify, keep and rave harmless thr Buyer, its agents.
officials and employees, against all hums , deaths, kiss, damages, claims, patent claims. Buie.
liabilities, judgmats, costs and expatust, which may in anywim socme against the Bu)w in
consequence of the gramiag of this Contract or which may anywise result therefrom, whether
or not it shall be Alleged or dim mined that the act was cased through negligence or onnission
of der Seller or its employees, or of the sub9dler or assignee or its employees, if any, and the
Sella shall, at his own expense, appear, defend and pay all charges of Mwneye and all coral
and other expanses arising therefrom of incurred in correction therewith, and, if'my judgment
"I be tendered against elm Buys in any such action, the Sella shall, at its corn expaows, .
satisfy and discharge die sense Sella expressly understands and agrees that my bond required
by this contract or otlherwiaa provided by Seller, shall in no way limit the responsibility to
imkmvdl'y, keep and as" haemless and defend the Bum as herein provided.
22. TIME. It s hereby, expressly agreed and understood that times is of the essence for the
performance of this eontruM and f sure by contract to meet the time specification of this
agreement will case Sdkr to be in defadt of this agmerrsa
23. MBE. The City of Lubbock herby notifies all bidders that In regard to my contract entered
into pursumt to this req est, minority and women business enterprises will be afforded equal
opportunities to submit bids in response to this invitation and will not be discriminated against
on the gtourds of race, color, sex or neural origin in consideration for an award
Rev.09/2005