HomeMy WebLinkAboutResolution - 2007-R0289 - PO - Dallas Dodge - Police Package Sedans - 06_26_2007Resolution No. 2007-RO289
June 26, 2007
Item No. 4.34
RESOLUTION
E 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
:ute a Purchase Order Contract and any associated documents with Dallas Dodge of
as, Texas, for purchase of police package sedans per HGAC Contract #VE03-06,
�h Purchase Order Contract and any associated documents are attached hereto as
ibit A and made a part hereof for all intents and purposes.
assed by the City Council this 26th day of June 2007.
DAVID A. MILLER, MAYOR
TTEST:
Garza, City Secretary
PROVED AS TO CONTENT:
Yehrw6d
stant City Manager/Chief Information Officer
VED AS TO FO
Vandive , Attorney of Cou se. T i T"r
;s/DalIasDodge Mcon07Res
20, 2007
K Y
t O
� I I
rr �
TO:
DALLAS DODGE
11550 LBJ HWY
DALLAS TX 75238
CITY OF LUBBOCK
Page
U R C H A S E ORDER Date
Order No
Brn/Plt
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:
. 1
6/19/07
313129 000 OP
3511
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Ordered - 06/19/07 Freight - FOB Destination Frt Prepaid
Requested 09/28/07 Taken By - MARTA ALVAREZ
Delivery HGAC Contract CO3
Description / Supplier Ite
2007 Police Package Charger
HGAC FEE
Ordered UM Unit Cost UM Extension
5.000 EA 22,447.0000 EA 112,235.00
1.000 EA 600.0000 EA 600.00
Req. Dt
09/28/07
09/28/07
This purchase order encumbers funds in the amount of $112,835, awarded to Dallas Dodge of Dallas TX on June 26, 2007. The following
are incorporated into and made part of this purchase order by reference: Price Quotation dated June 6, 2007 and HGAC Contract 4CO3.
Resolution # 2007—RO289
CITY OF LUBBOCK
David A. Mil er, Mayor
ATTEST:
Reb cca Garza, City Secretary
Total Order
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Terms NET 30 112,835.00
APPROVED AS TO FCYIVk:
Ass6onftfity A orney
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Buyer agree n follows:
1 SELLER TO PACKAGE GOODS Setter whll package goods ran accordance wlh good
commercial practice Each shipping container shall be clearly and perm merdly 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, Ic) Container number
and total number of conrainivn, a g- box I of 4 boxes, and (d) the number of the contaua•r
bearing the packing slip Seller shall bear cost of packaging unless otherwise provided. Croods
shall be suitably packed to secure lowest transportation costs and to conform with requirements
of common tamers and any applicable specofnrations. Buyer's count or weight shall be final
and conclusive on shipments lief accompanied by pecking lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the
goals under resen atton and no tender mf a bill of lading will operate as a tender of goods
3, TTTLL AND RISE: OF LOSS The title and risk of loss of the goods shall not pass to Boyer
until Buyer actually receives and take possession of the goods at the point or points of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods most
fully comply with all provisions of this contract as to time of delivery, quality and" like. If a
lender is crude which does trot fully conform, this shall constitute a breach and Seller shall not
have the might to substitute a conforming tender, provided, where the time for performance has
not yet expired, the Seller may reasonably notify Buyer of his intention to cure and nay then
make a conforming lender within the contract time but not afterward.
5 INVOICES k PAYMENTS,
■ Seller shall submit separate invoices, in duplicate, one each purchase order or purchase
release oiler each delivery Invoices shall indicate the purchase order or purchase release
number and the supply agreement number if applicable. Invoice shall be itcsrtiz d and
treespontation charge, if any, shag be listed separately. A copy of the bill of lading, end the
freight waybill when applicable, should be attached to the invoice. Mail To. Accounts
Payable, City of Lubbock, P. O. Box 20M, Lubbock, Texas 70457, Payment shall not be due
until the above nistruunents are submitted after delivery
6. ORATUrrIPS, The Buyer may, by written notice Within Seller, camel this contract without
liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts
or athei wise, were offered or given by the Wier, or arty agent or representative of the Seller, to
arty offrcor or employee of the City of Lubbock with a view so securing a contract or securing
favorable meetrnent with respect to the awarding or amending, or the making of any
determinations with respect to the performing of such a contract In the event this Contract is
canceled by Buyer purwu st to this provision. Buyer shall be embtleti, in addition to u9' other
rights arid ramediea, to recover or withhold the amount of the coat incurred by Seller in
providing such gratuities.
7. SPECIAL TOOLS R TEST EQUIPMENT. If the price stated on the face hereof includes the
cost of any special tooling or special lest equipmew fabricated or required by Seller for the
purpose of filling this order, such special ioolinng equipment and any process sheer related
therein shall became the property of the Buys and to die extent fmsible shall be identified by
the Seller as such.
g. WARRANTY -PRICE.
a. The pries 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 others far prodaXs of the
kind and specification corned by this agreement for similar quantities under similar of like
connditinns and merhods of purehaae. In the evert Seller breaches this warranty, the prices of
the items shell be reduced to the Seller's current prices on orders by other, or in the
alternative. Buyer nay cancel this contract viuhou i liability to Seller for breach or Seller's
actual expense.
b. The Seller worsts that no person or selling agency his been employed or retained to whoa
or secure this mmraet upon an agnsemrnt or undersuuding for commission. percentage,
brokerage, or contingent fee excepting bona fide employees of bons fide etablished
commercial OF selling ogerncie maintained by the Seller for the purpose of securing bninese.
For breach of viciar w of this warsnty the "or shall have the right in addition to any other
right of rights to cancel this conmaci without liability and to deduct from the contract pro, or
otherwise recover without liability and to dedud from the contract price, «otherwise recover
the full amount of such conanission. percentage, brolienage Or contingent fee.
9. WARRANTY -PRODUCT Seller shall no limit or exclude any implied wan -antics and any
attempt to do so shall render this contract wadable at the option of the Buyer. Seller Warrants
that the goods furnished will conform to the specification, drawings, arid descriptions listed in
the bid mvitathorL and to the sample(s) furnished by the Seller, if arry. In the event of a conflict
or between the specifications, drawings. and descriptions, the tpecifncatios shall govern.
Notwithstanding arty provision contained in the contractual agreement. the Seller represent
crud warrants fault -free performance and fault -free result in the processing date end date related
data (mcl uding, but nest limited to calculating, comparing and sequencing) of all hardware,
software and firmowere products delivered sad services provided under this Contract,
individually or his conbiriausn, as the case may be from the effective date of this Contract
Also, the Seller warrens the yea2000 calculations will be recognized and accommodated ad
will riot, marry way, resulr in hardware, software a firmware falure The Ciryof Lubbock at
its sole option may require the Seller, at any time, to demonstrate the procedure it muends io
follow in order 10 comply with all the obligations canauned herein. The obligations contained
herein apply in products and services provided by the Seller, 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 Contract. Failure to comply with any of the obligations contained
herein, may result in the City of Lubbock availing Itself ofanry of Its nghts under the law, and
under this Contract including, bun not I imned to, Its right pertaining to termination ordefault
The warranties contained herein are separate and discrete from any other warranties specified
in this Contract, and at not subject to any diselanmer of warranty, implied or expresaid, or
limitation of the Seder's liability which may be specified in this Contract, is appendices. its
schedules, its annexe or any document incorporated in this Contract by reference.
10 SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall conform to
the standards promulgaed by the U. S, Department of Labor under the Occupational Safety end
Health Act of I970_ 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 event Sellers
fells to make the appropriate correction within a reasonable time, correction made by Buyer
will beat the Seller's expense.
I I NO K ARKAN'fY BY BCYER AGAINST 14FRINGEVENTS As pan of this contrail fur
sale Seller agrees to ascertain whether goods manufactured in accordance with the
specifications attached to this agreement will give rise to the rightful claim of any third person
byway of mMngrnteni or the like. Buyer makes no warranty that the production ofgoods
according to the specification will not give nse to such a clam, and in no event shall Buyer be
liable to Seller for nndemmlicanuo m the event that Seller is sued on the grounds of
infringement of the like. If Sella is of the opinion that an infringement ur the like will result,
he will notify the Buyer to this effect in wntmg within two weeks afla the signing of His
agrees ient. If Buyer does not receive notice and is subsequently held liable for the
infringement or the like, Seller will save Buyer harmless. If Sella in good faith ascertains the
production of the goods in accordance with the siumFications will result in infringement or the
like, the contract shall be null and void
12. RIGHT OF INSPECTION. Buyershall have the right to inspect the goods at delivery btfore
accepting them,
13. CANCELLATION. Buyer shall have the fight to cancel for default all or any pan of the
undelivered pat ion of this ado if Seller breaches any of the tarns hereof Including warranties
of Seller or If the Seller becomes moolvevt 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 in equity.
14, TERMINATION. The performance of work under this order may be terminated in while, or in
part by the Buyer in accordance with this provision. Yerminalion of work heret rider 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 u{xsn which such
lernimation becomes effective, Such right or termination is in addition to and not in lieu of the
rights of Buyer set forth in Clause 13, herein.
15. FORCE MAJEURE. Neither party dull be held respoiswble for louses, resulting if the
fulfil Imcm army terms of provisions of this contract is delayed orprevented by any cause not
within the control of the pity whose pe formercce is interfered with, and w nich by the exercise
of reasonable diligence said party is unable to prevent.
16. ASSIGNMENT -DELEGATION. No right or interest in this contract shell be assigned or
delegation of any obligation made by Seller without the written permission of the Buyer. Any
attempted asaignment or delegation by Seller shall be wholly void and totally ineffective fa all
purpose unlaces made in conformity with this paragraph.
17. WAIVER. No claim or right arising out of a breach of this contract can be discharged in whole
or in pat by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by eosider Limn and is in writing signed by the aggrieved party.
18, INTERPRETATION -PAROLE EVIDENCE This writing, plus any spe.ifrc Boris fa bids and
performance provided by Buyer in its advertisement for bids, and any other documents
provided by Seller as par of hie bid, is intended by the parties as a Finial expression of their
agreement and umaded also naa conplete and exclusive statement of the terns of their
agreement. Whenever a tern defined by the Uniform Canmereial Code is used in this
agrcenmene, the definition contained in the Code is to control
19. APPLICABLE LAW This agreement shall be governed by the Uni form Comrtnercial Code.
Where ever the tern "Uni far Commerlcial Cade" is used, it shell be construed as meaning the
Uniform Commercial Code as adopted in the Stale of Team as effective and in farce on the
date of this agreement
20. RIGHT TO ASSURANCE. Whenever one party to Nis a tort in goad faith hm reason to
question the other party's intent to perform he may, demand that the other i:, ..y glut: wrilim
assurance of his intent to perform. In the event flan a demand is made and no assurance is
given within five (5) days, the demanding party may treat this failure a an anticipatory
repudiation of the contract.
21, INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents,
of idols and employees, against all injunes, deaths, loss, damages, claims, patent claim suits,
liabilities, judgments, costs and expenses. which may in anywise accrue against the Buyer in
consequence of the granting of this Contractor which may anywise result therefrom, whether
or not it shall be alleged ordetermined that the act was caused through negligence or omission
of the Seller or its employees. or of the subSel ler or asstgaee or its employees, if arty, and the
Seller shall, at his own expose, apper, defend and pay 0 charges of artomeys and all cuts
and other expenses ansing; therefrom of incurred in connection therewith, and, if anyjudinnent
shall be rendered against the Buyer in any such action, the Seller shell, at it own expenses,
satisfy and discharge the sanK Seller expressly understands and agrees thin arty 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 the Buyer m herein provided.
�'. TIME It is hereby expressly agreed and understood that inhe is of the essence for the
performance of this contract, and failure by contract to meet the time specifications of this
agreement will cause Seller to he 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 this request, minority and women business ermterpinses will be afforded equal
oppanunnies to submit bids in response to this invitation and will not be discriminated against
on the grounds of race, color, sex or natural origin in consideration for an award.
Rev. 08/2005