HomeMy WebLinkAboutResolution - 2007-R0311 - Po - Scoggin-Dickey Chevy-Buick - Light Duty Vehicles - 07_12_2007r
Resolution No. 2007-RO311
July 12, 2007
Item No. 5.33
RESOLUTION
IBE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LU 3BOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Purchase Order Contract by and between the
City of Lubbock and Scoggin-Dickey Chevy -Buick, of Lubbock, Texas, for purchase of
two light duty vehicles, which Contract and any associated documents, are attached
hereto and made a part of this Resolution for all intents and purposes.
Passed by the City Council this 12th day of July , 2007.
DAVID A. M ER7,�.
ATTEST:
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
YeanA$od, Assistant City Manager/Chief Information Officer
APPROVED AS -TO FORM:
iT t VlC-� < r �l tom` ✓%
Don Vandiver, Attorney of Counsel
DDreslscogg i n- D i c key07 POcon2 Res
July 5, 2007
CITY OF LUBBOCK
PURCHASE ORDER
TO,
SCOGGIN-DICKEY CHEVY-BUICK
5901 SPUR 327
LUBBOCK TX 79464 4910
Page 1
Date - 7/03/07
Order No. - 313870 000 OP
Brn/Plt - 3511
SHIP To:
CITY OF LUBBOCK
MUNICIPAL BUILDING
C/O AUBREY LONG
LUBBOCK TX 79401
INVOICE TO: CITY OF LUBBOCK
ACCOUNTS PAYABLE
P.O. BOX 2000
LUBBOCK, TX 79457 BY:
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Ordered 07/03/07 Freight - FOB Destination Frt Prepaid
Requested 11/30/07 Taken By - MARTA ALVAREZ
Delivery - BID 07-041-MA
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Description / Supplier Ite
Chevrolet Suburban
Spec 407-FD-Up
Chevrolet Silverado 250OHD
Spec 358-FD
Ordered UM Unit Cost UM Extension
1.000 EA 48,154.0000 EA 48,154.00
1.000 EA 19,714.0000 EA 19,714.00
Req. Dt
07/03/07
11/30/07
This purchase order encumbers funds in the amount of $67,868 for the purchase of a suburban and pick-up truck, awarded to Scoggin-Dickey
Chevy Buick. of Lubbock, Texas on July 12, 2007, in accordance with your response to BID 7-041-MA, Light Duty Vehicles and Transport Truck.
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 General Conditions of BID 07-041-MA. Resolution# 2007-RO311
CiTY� v^f"K 01 ATTEST:
OZ001—
David A. Miller, ayor Rebec a Garza, City Secretary
Total Order
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Tv ASTO FORM: f 67,868.00
(-1107 V"'741 -;� U�W&r
Assist ity Attorney
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Buyer agree as follows;
t. SELLER TO PACKAGE GOODS. Seller will package goods in accordance with good
coamtercial practice. Each shipping container shall be clearly and permanently marked as
follows (a) Seller's new and address, (b) Cauignee'm nerve, address and purchase order or
purchase release number and the supply agrcancrit number if applicable, (a) Container number
and total number of conutiners, e.g, box 1 of 4 boxes, and (d) the number of the container
beating the packing slip. Seller shall bear cent of packaging uides odowise provided. Goods
shall be suitably packed to satire lowest Inngxitution costs and to conform with
requirements of common carrion and any applicable specifications. Buyer's count or weight
shall be final and conclusive on dtipments not accompanied by packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not sudamiaed to ship the
goods under reservation and no tender of it bill of fading will operate as a tender of goods.
3. TTTLE AND RISK OF LOSS. The title and rink of low of the goods shall not pass to Buyer
until Buyer actually receives and takes possession of the goods at the point or points of
delivery.
4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of ponds must
fully comply withal] provisions of this conunet as to time of delivery, quality and the like. if a
tender is made which does not fully conform, thin shall constitute a breach and Seller shall not
have the right to substitute a conforming tender,l, where the time for performance has
not yet expired, the Seller may reasonsbly notify Buyer of his intention to cure and may then
nuke a conforming lender within the contract time bug not afterward.
S. INVOICES & PAYMENTS.
a. Seller droll submit separate invoices, in duptfcate, ore each pwcase order or purchase
release after each delivery. Invoices shall indicate the purchase order or pumbaw release
number and the supply agreement number if applicable. Invoices shall be itemized and
transportation charges, if any, shall be listed separately. A copy of the hill of lading, and the
freight waybill when applicable, should be attached to the invoice. Mail To: Accounts
Payable, City of Lubbock, P. O. Box 200D, Lubbock, Teas 79457. Payment shall not be due
until the above instruments are submitted attar delivery.
G. GRATUITIES, The Buyer tnay, by written notice to the Seller, cancel this contract without
liability to Seller if it is determined by Buyer that gratuities, in the form of alien strunc t, gifts
or otherwise, were offered or given by the Seller, or any agent or representative of the Seller,
to any ofLcirr or employer of the City of Lubbock with a view to securing a contract or
securing favorable treatment with respect to die awarding or amending, or the making of any
determinations with mspeG to the performing of such a contract. In the event this contact is
cancelmd by Buyer puunanl to this provision, Buyer shall be entitled, in addition to soy other
rights and remedies, to recover or withhold the amount of the coat incurred by Seiler in
providing such gratuities.
7. SPECIAL. TOOLS & TEST EQUIPMENT. If the price stated on the face bereof includes the
cost of any special tooling or special tea equipment fabricated or required by Seller for the
purpose of frllitig this order, such special tooling equipment and any process sheets related
thereto shall become the property of the Buys aid to the extent feasible shell be identified by
the Seller as such.
8. WARRANTY -PRICE.
The price to be paid by the Buyer shall be dot contained in Sella's bid which Seller
warrants to he no higher dim Seller's current process on orders by others 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 branches this warranty, the prices of
the items "I be reduced to the Sclera cwrent prices on order by others, or in the
alternative. Buyernay cancel this contract without liability to Seller for breach or Seller's
PC" expanse.
b. Tha Seller warrants that no person or selling agency has been employed or retaired to
solicit cr secure this contact upon an agreement or understanding for commission, peme ntage,
brokerage, or contingent fee excepting boa fide cagtloyees of bone fide established
commercial or selling agencies mnsinsinsd by the Salter for the purpose of securing busines.
For breach of vicimion of this warranty die Buyer shall have the right in addition to any other
right of rights to cancel this contract widow liability and to deduct from die contact price, or
otherwise rocover without liability and to deduct from the contract pricy, or otherwise recover
the full smoms of such commission, percentage, brokaW or contingent fa.
9. WARRANTY -PRODUCT. Seiler shall rot limit or exclude any implied warranties and any
attempt to do so shall moder this contract voidable at the option of the Buyer. Sella wamnts
that the goods furnished will conform to the specification, drawings, said descriptions listed in
the bid invitatierrt, and to the sarrpko(s) furnished by the Seller, if any. In the event of a conflict
or between the specifications, dnwmge, and descriptions, the specificatiars shall govern.
Notwithstanding any provisions contained in the contractual agreamaerxt, the Seiler represents
and warrants fault -from performance and fiu8-free result in the processing date and elate related
data (Including. but not limited to ealcuhtin& competing aid sequencing) of all hardware,
software and firmwee products delivered and services provided under this Contract,
individually or in car nbiewtiem, as the cue may be from the effective date of this Contract.
Also, the Seller warrants the yeaf2000 calculations will be recognized aril accommodated and
will nos, in any way, result in hardware, software or fnarwarc failure. The City of Lubbock, at
its sole option, may require the Seller, at any time, to demonstrate site procedu ms it intends to
follow in order to comply with all the obliptions contained herein. The obligations contained
herein apply to products and services provided by the Seller, its su. -Sella 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 Rae obligations contained
herein, may result in the City of Lubbock availing itself of any of its rights under the law and
under this Carrousel including, but not limited to, its right pertaining to termination or default.
The warranties contained basin are aepataae and discrete from any other warranties specified
in this Contra t, and are not subject to arty disclaimer of warranty, implied or expressed, or
limitation of the Seller's liability which may be specified in this Contract, its appendices, its
schedules. its annexes or any docummd incorporated in this Contract by reference.
10. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shalt conform to
the standards pro nuipted by the U. S. Department of Labor under the Occupational Safety
and Health Act of 1970. In the event the product does not eatform to OSHA standards, Buyer
may return the product for correction or mphicement at the Seller's expense. In the event
Seiler finite to make the appropriau correction within a reasonable time, correction made by
Buyer will be at the Seller's expanse.
11, NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As part of this contract for
sale Seller agrees to ascertain whether goods manufactured in accordance with the
specifications attached to this al roement will give rise to the riggli f d claim of any third person
try way of infringement of the like. Buyer makes no warranty that the production of goods
according to the specification will not give rise to such a claim), and in no evert shall Buyer be
liable to Seller for indemnification in the event that Seller Is sued on the Bawds of
infringpemhetnt of the like. If Seller is of the opinion dim an infringement or die 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 liable for the
infringement or 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 contract shall be null and void.
12. RIGHT OF INSPECTION. Buyer shall have the right to ingw de goods at delivery before
accepting them.
13. CANCELLATiON. Buyer stall have the right to cancel fordth uit all or any part of time
undelivered portion of this order if Seller breaches any of the terms hereof including warranties
of Saber or if the Seller becomes insolvent or commits acts of lroiouptcy. Such rig ht of
cancellation is in addition to and not in lieu orally other remedies which Buyer Way have in
law at equity.
14. TERMINATION. The performance of work wda this order may be terminated in whole, or In
part by the Buyer in accordance with this provision. Termination of work hereunder tall be
affected by the delivery of the Sella of a 'idolise of Termination" specifying the extent to
which petforWunce of work under de order is terminated and the due upon which such
termination becomes effective. Such tight or termination is in addition to and riot in lieu of the
rights of Buyer set forth in Clause 13, herein,
15. FORCE MAIEURE. Neither party shall be beld responsible for loseea. resulting if the
fulfllmart of any tams of provisions of this contract a delayed or prevented by any taus rum
within the control of the party whose performance is interfered witk and which by the exercise
of reasonable diligmce said party is unable to prevam
IC ASSIGNMENT -DELEGATION. No right or interest in this contact shall be asigpmd or
delegation of eny obligation made by Sella without Rue written pamrlsion of the Buyer. Any
attempted assignment or daloptim by Seller sight be wholly void and totally ineffective for all
purpose unless made in conformity with ibis paragraph.
17, WAIVER. No claim or right wiring out of a breach of this contract can be discharged in whole
or in part by a waiver or renunciation of the claim or tight unles the waiver or renunciation is
supported by consideration and is In writing signed by the aggrieved party.
18. PMRPRETATiON-PAROLE EVIDENCE. This wrki tg, plus any sreciftcstione for bids and
performance provided by Buyer in its advertisement for bids, and soy outs t1mvoiens
provided by Seller an part of his bid, is intended by tie parties as a final expression of their
agreement and intended also w a corMlate and exclusive stateromt of the tonne of their
agreement. Wbencva a term defined by the Uniform Commwrcial Code is used in this
agmemast, the definition contained in the Code is to control.
19. APPLICABLE LAW. This agreement tall be povaned by the Uniform Commercial Cade.
Where era the to. "Uniform Corr uercial Code" is wad, it Wall be coristrucd as muting the
Uniform Commercial Coda as adopted in the State of Texas as effective and in force on the
date of this agreement.
20. RIGHT TO ASSURANCE. Wherever one party to this contract in good faith has reason to
question the littler parry's Wait to perform he may demand that the othcr perry give written
assurance of his intent to perform. In the event that a demand is made and no asunmce is
given within five (5) days, fie demanding petty may treat this failure as un anticipatory
repudiation of the coruacs.
21. INDEMNIFICATION. Sella skull indemnify, keep and save harmless the Buyer, its agents,
officials and cuployeee, against all injuries, deaths, loss, damages claims, patent claims, suits,
liabilities, judgrnaints, ems and expicrim, which nay in anywise accrue aping Rot Buyer in
consequence of the granting of this Contract or which may anywise result therefrom, whether
or not it stall be alleged or determined dot ulna act was caused through negligence or emission
of the Seller or its mgloyces, or of the subSellef or sigma or its employees, if any, and the
Seller shall, at his own expense, appear, defend snd pay all charges of attoraeys and all costs
and other expenaw arising d aefrmat of incurred in conmcction therewith. -4 if any judgment
full be tendered spirit the Buyer in any such action, the Sella call, at its own experhses,
satisfy and discharge the aerate Seller expressly understands and agrees that any band required
by this contract, or otherwise provided by Wier, shall its no way limit the responsibility to
indemnify. keep and save harmless and defend the Buyer as herein provided.
22. TIME. It is hereby expmuly agreed and understood that time is of the eascncc for the
performance of their con"cl, and failure by contract to meet the time specificat ons of this
agreement will cause Seller to be In default of this agmrtent.
23. MBE. The City of Lubbock hereby notifies all bidders that in regard to any contract entered
into pursuant to this request, minority and women business enterprises w ill be afforded equal
opportunities to submit bids in reaponee to this invitation and will not be disaiminaud against
on the grounds of race, color, sex or natural origin in consideration for an award.
Rev. owoos