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HomeMy WebLinkAboutResolution - 2015-R0121 - Park Department Purchase Order: Gene Messer Cheverolet - 04/09/2015Resolution No. 2015-RO121 April 9, 2015 Item No. 5.15 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, a purchase order for the purchase of a one crew cab with chassis for the park maintenance department, pursuant to Item #23 on ITB 15 -12170 -SS, by and between the City of Lubbock and Gene Messer Chevrolet, of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated into this resolution as if fully set forth herein and shall be included in the of the City Council. THAT, in reference to this purchase, the Council finds that this local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the award of the contract to the local bidder, including the employment of residents of the municipality and increased tax revenues to the municipality. by the City Council on this 9th day of April 2015. TSON, MAYOR TTEST: Garza, City Scott Snider, Assistant City Manager AS TO FORM: Pratt, Assistant City Attorney Reso.Gene Messer Chev Local Preference 4.9.15 Afttdoo- City of Lubbock TEXAS PURCHASE ORDER TO: GENE MESSER CHEVROLET 1302 SLOOP 289 LUBBOCK Texas 79412 IWOICETO: CITYOFLUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 Ordered 03/24/2015 Freight Page - 1 Date - 03/24/2015 Order Number 31022942 000 OP Branch/Plant 3526 SHIP TO: CITY OF LUBBOCK FLEET SERVICES 204 MUNICIPAL DRIVE LUBBOCK Texas 79404 Requested 07/24/2015 Taken By SUMMERS_S Delivery PER D GAM 30A REQ #44837 ITB 15 -12170 -SS Description/Supplier Item Ordered Unit Cost UM Extension Request Date 1 Ton Cab & Chassis 4x4 DRW 1.000 30,353.0000 EA 30,353.00 03/24/2015 Spec.1544 Total Order Terms NET 10 EOM 30,353.00 This purchase order encumbers funds in the amount of $30,353 awarded Gene Messer Chevrolet of Lubbock, TX on 3/26/2015. The following is incorporated into and made part of this purchase order by reference: ITB 15 -12170 -SS dated January 27, 2015 from Gene Messer Chevrolet of Lubbock, TX. Resolution #2015-R0121 CITY OF LUBBOCK ATTEST: Glen C. R ertson, ayor ebec t Garza, City Secreta TERMS AND CONDITIONS IMPORTANT: READ 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 immanently marked m follows (a) Sella's mare and address, (b) Consignee's mime, address and purchase order or purchase release mumbo and the supply agreement number if applicable, (c) Costumer number and total number of corners, e& box I of 4 boxes, and (d) the number of the contains bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided Goods shall be suitably packed to same lowest transportation costs and to conform with requirements of common carders and my applicable specifiamons. Buyers count or weight shall be final and conclusive on shipment not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seiler is not authorized to ship the goods under reservation and no tends of a bill of laWog will ope a m es a lender of goods. 3. TITLE AND RISK OF LOSS. The tvle and risk of loss of the goads shall not pass to Buya until Buyer actually receives and takes possesano of the goods in the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of ..its most fully comply with all provisions ofthiscontract as to time ofdebvery. quality and the like Ifa tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the tight to substitute a conforming tends, provided, where the time for perfarmsoce has not yet expired, the Seller may remostably notify Buys of his intention to cue and may then make a conforming tender within the contract time but not afterward 5. INVOICES & PAYMENTS. a Sella shall submit separate invoices, in duplicate. one each purchase order Or purchase release after each delivery. Invoices shall indicate the purchase order or purchase mlease number and the supply agreement number if applicable. Invoices shall be itemized and transportation charges, if my, shall be listed separately. A copy of the bill of lading, and the freight waybill what applicable, should be attached to the invoice. Mail To: Accounm 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. GRATUITIES. The Buyer may, by written notice m the Seller, cancel ibis contract without liability to Sella if it is determined by Buyer that gratuities, in the Corn of entertainment gifts or otherwise, were offend or given by the Seller. or my agent or represenutive of the Sella, to my officer or employee of the City of Lubbock with a view to securing a contract or swung favorable treatment with respect to the awarding or amending, or the making of my 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 in my other rights and remedies, to recover or withhold the amount of the cost incurred by Sells in providing such gratuities. 7. SPECIAL TOOLS& TEST EQUIPMENT. If the price stated on the face hereof includes the cost of my special moing or special test equipment fabricated a required by Seller for the purpose of filing this order, such special tooling equipment and my process shots related thereto shall beenme the property of the Buyer and to the event feasible shag be identified by the Sella m such. B. WARRANTY -PRICE. a. The price to be paid by the Buyer shall be that contained in Seller's bid which Seller warrants to be no higher Wan Seller's current process on orders by others for products of the kind and specification covered by this agreement for similar quantities order similar of like conditions and methods of purchase. In the event Sella breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative. Buyer may caval this contract without liability in Scher for breach or Seller's actual asperse. b. The Seller warrants that no person or selling agency has been employed or maned in solicit or secure this contract upon an agreement or undaslzadng for commission, paceamge, brokerage, or contingent fee excepting bona fide employees of bow fide established commercial or %Ung agencies maintained by the Seger for the purpose of saurng bnsnass For breach of vitiation of this warranty the Buyer shall have the right in addition tu my other right of rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover without liability and to deduct from the contract price, or otherwise recover the full amount ofsuch commission, percentage, brokerage or cotangent fit. 9. WARR.IOWY-PRODUCT. Sells shall not limit or exclude my implied wanantis and any attempt to do m shall reader this contact voidable at the option of the Buy=. Sella warrants that the goods furnished will conform to the specification, drawings, and descriptions listed an the bid nvitanmq and to she sample(s) futnished by the Sella, if any. In the event of a conflict a human the specifications, drawings, and descriptions, the specifications shall govern Notwithstanding my provisions contained in the contractual agreement, the Seller represents and warrants fault -free performance and fault -free result in the processing date and data related dam (ncludn& but not limited to calculating, comparing and sequencing) of all hardware, suffam, and fmmvare products delivered and services provided order this Contm4 individually or in combination, as the case may be from the eB'ective date of this Customs, The obligations canned herein apply to products and servient provided by the Sella, its sub- Sella bSella or my third parry involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Coanaa Failure to comply with my of the obligations counted herein, may result in the City of Lubbock availing itself of my of its rights under the law and order this Contract including, but not limited to, its rift perranng to nomination or default The wmanties contained herein are separate and discrete from any other warranties specified in this Contact. and an, not subject to my disclaims of warranty, implied or "pressed or limiurloa of the Seller's liability which may be specified in this Contact, its appendices, its schedule, its annexes or my document incorporated in this Contract by reference. 10. SAFETY WARRANTY. Seller wsrrunts that the product sold to the Buyer shall conform to Eli. standards promulgated by the U. S. Department of Labor under the Occupational Safety and Heahh Act of 1970. In theevenl the product dos nil confirm m OSTIA standards, Buys umy retain die product for correction m replacement at the Seller's expenseIn the event Seller fails to make the appropriate correction within a neasonable time, conation made by Buyer will be at the Sellas expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As pan of this convect for sale Sella agrees to acerae whether goods manufactured in accordance with the specifications amebed to this agreement will give rise to the rightful claim of my third pawn by way of infringement of the EPs. Buyer makes an warranty that the production of goods awarding m the specification will not give rise to web a claim, and in no event shall Buyer be liable to Seller for indemnification m the event that Sella is sued on the grounds of iufrngement of the Eke ifSeller is of the opinion that an infringement or the like will result, he will notify the Buys to this effect in writing within two week. after the signing of this mgr craws. If Buyer does net receive notice and is subsequently held liable for the Infringement oe the like, Seller will save Buyer harmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, the warmacl shall be null and void- 12. oid12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting than 13. CANCELLATION. Buyer shall have the right to cancel for default all or my pant of the undelivered portion of this order if ScBer branches my of the lams hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cmollation is in addition to and not in lien of my other remedies which Buyer may have in law or equity. 14. TERMINATION. The performance of work under ibis order maybe terminated in whale, or in pan by the Buyer in mandmtce with this provision. Tamnarion of work hereunder shall be eRewel by the dchvery of the Seller of a "Notice of Termination' specifying the extent to which performance of work under the order is terminated and the data upon which such termination becomes effective. Such right or termination is in addition to and not in lin of the rights of Buyer set forth in Clause 13, herein 15. FORCE MAIEURE. Neither parry shall be held responsible for losses, resulting if the fulfillmeat of my terms of provisions of this contract is delayed or prevented by my cause not within the council of the parry whose performance is interfered with, and which by the exercise ofreasuwble diligence mid parry is unable to prevent. 10. ASSIGNMENT -DELEGATION. No right a interest in this contract shall be assigned or delegation army obligation made by Sella without the written permission of the Buyer. Any attempted assignment a delegation by Seller shall be wholly void and totally inelfative for all purpose unless made in conformity, with this paragraph. 17. WAIVER. No claim or right arising out ofa breach of this contract ram be discharged in whole or at pan by a waiver or renunciation of the claim or right unless the waiver or rmumention is supported by catio daathm and is to writing signed by the aggrieved pony. Ig. INTERPRETATION -PAROLE EVIDENCE. This writing, plus my specifications for bids and performance provided by Buyer in in advertisement far bids, and my other documents provided by Seller as pan of his bid, is intended by the patties as a final expression of thew agreement and Intended afar ss a complete and exclusive statement of the terms of then agreement Whenever a lam defined by the Uniform Commercial Code is used in this aignmenm, the definition conned in the Code is in control. 19. APPLICABLE LAW. This agseemmt shall be governed by the Uniform Commercial Code. Where ever the term "Uniform Commercial Code" is used, it shall be command as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in farce on the date of this agramunl. 20. RIGHT TO ASSURANCE. Whenever one parry to this contract in good faith has reason to question the other parry's stmt to perform he may demand that the other parry give written assurance of his intent to perform In the event that a demand is made and no assurance is given within five (5) days, the demanding party may meat this failure m an anticipatory repudiation ofthe contract 21. INDEMNIFICATION. Sella shall indemnify. keep and rave harmless the Buyer, as agents, officials and employees, against all injuries. deaths, loss, damages, claims, Patent claims, wits, liabilities, judgments, costs and expenses, which may in anywise acain against the Buyer in consequence of the grinning of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Sella or its employees, or of the subSeller or assigns or its employees, if my, and the Seller shall, at his own expense, appear, defend and pay all charges of anomeys and all costs and other expenses arising therefrom of incurred in connection therewith, and if any judgment shall be tendered against the Buyer in my such action, the Seger shall, at its awn expenses, satisfy and discharge the same Sella uprecsly understands and agrees that my bond required by this contract a otherwise provided by Segs, shall in an way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided. 22. TI.IE. It is hereby expressly agreed and understood that time is of the essence for the performance of this contract, and failure by contract to mem the time specifications of this aye eemeot will cause Seller to be In default of this agreement. 23. MBE. The City of Lubbock hereby notifies all bidders that in regard in my conmact crucial auto purgerat to this request, mnomy and women business enterprises will be afforded equal Opportunities to whom bids in respmse to this invitation and will am be discriminated against a the grounds of mm color, sex creating origin in consideration for an award 24. NON.ARBITRATION. The City resins the right to exercise my right or remedy to it by law, ca moa, equity, or otherwise, including without Ihntation, the fight to seek my and all farms of relief in a coot of competent jurisdiction. Further, the City shall not be subject to my arbitration process prior to exacisng its unrestricted right to seek judicial remedy. The remedies set forth hens am cumulative and not exclusive, and may be exercised concurrently. To the extent of my conflict between this provision and mother provision in, or related to, this daument this provision shall mono]. 25. RIGHT TO AUDIT. At any time during the term of the commas, or Wacafter. the City. or a duly auWmized audit representative of the City a the Sure of Texas, at its spemse and a remittable times. reserves the right to nidi[ Contractors records and books relevant to all services provided to the City order this Contract In the event such an audit by the City reveals my wars a overpaymmu by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings. or the City, at in option, resins the right to deduct such grawas owing the City lininsoy payments due Connector. Rev. 0212012