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HomeMy WebLinkAboutResolution - 2002-R0346 - Purchase Order For Light Duty Trucks - Gene Messer Ford - 08/29/2002Resolution No. 2002-RO346 August 29, 2002 Item No. 57 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Purchase Order for automobiles and light duty trucks, by and between the City of Lubbock and Gene Messer Ford of Lubbock, Texas, and related documents. Said Purchase Order is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 29th day of August , , 2002. L, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Victor Kilman, Purchasing ff nager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs/ccdocs/Purchase Order -Gene Messer Ford August 15, 2002 City of Lubbock PURCHASE ORDER TO: GENE MESSER FORD INC BOX 16305 6000 W. 19th WARRANTY 1-800-241-3673 LUBBOCK TX 79490 Resolution No. 2002—RO346 Page - 1 Date - 8/30/02 Order No. - 229047-000 OP Brn/Plt - 3511 SHIP TO: CITY OF LUBBOCK 324 MUNICIPAL DRIVE LUBBOCK TX 79403 ----------------------------------------------------------------------------------- Ordered - 08/16/02 Freight - FOB Destination Frt Prepaid Requested - 12/16/02 Placed By - RON SHUFFIELD 775-2170 Special Ins Per ITB# 121-02/RS ATTN: Cecil Evans -------------------------------------------------------------------------------------- Description / Supplier Item Ordered UM Unit Cost UM Extension Req. Dt ------------------------------------------ ----------------- ................. -------- Compact Pickup per spec 348 2.000 EA 13,549.0000 EA 27,098.00 12/16/02 Total price includes manuals, extended warranty, and receiver hitch. This purchase order encumbers funds in the amount of $27,098.00, for a bid awarded to Gene Messer Ford, Inc. of Lubbock, Texas, on August 29, 2002, in accordance with your response to ITB# 121-02/RS, Automobiles and Light Duty Trucks. The following are 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 ITB #121-02/RS. Y L BOC f ' AT ST: rc McDougal, vyorq Rebecca Garza, City Secret APPROVED AS( -0 FORM: William de Haas, Contract Manager/Attorney Total Order ------------------------------------------------------------------------------------- Terms NET 30 27,098.00 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: 3. cELLER TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently sharked as follows (a) Seller's came and address, (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (e) Container number sad total cumber of containers. e.g. box I of4l boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shalt be suitably picked to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be foul and conclusive on shipments not accompanied by packing lists. 2. SHIPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender ofa bill of lading will operate as a tender of goods. 3. TITLE AND RISK OF LOSS. The tide and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of she goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods trust fully comply with all provisions of this contract as to time of delivery, quality and the like. if a tender is made which does not fully conform, this shall constitute a breach and Seller shall mot have the right to substitute a conforming tender, provided, where the time for perfomnaece has not yet expired, she Seller may reasonably notify Buyer ofhis intention to cure and may then nuke a conforming tender within the contract time but not afterward. 5. INVOICES & PAYMENTS. a. Seller shall submit separate invoices, in duplicate, one each purchase order or purchase release after each delivery. Invoices shall indicate the purchase order or purchase release number and the supply agreement number ifapplicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the ficight w ,,:.iii when applicable, should be attached to the invoice. Mail To: Accounu Payable. City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments ase submitted after delivery. 6. GRATUITIES. The Buyer may, by wrinen notice to the Scllcr, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Seller, or any agent or representative of the Seller. to any officer or employee of the City of Lubbock with a view to securing a contract or securing favorable treatment 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 pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities. 7 SPECIAL TOOLS & TEST EQUIPMENT. if the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. S. 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 than 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 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 cancel this contract without liability to Seller for breach or Seller's actual expense. b. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach of vitiation ofthis warranty the Buyer shall have the right in addition to any other right ofrights 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 of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Seller shalt not limit or exclude any implied warranties and any attempt to do.-* shall render this contract voidable at the option of the Buyer. Sellcr warrants that the goods furnished will conform to the specification, drawings, and descriptions listed in the bid imitation, and to the sample(s) fumished by the Seller, if any. Ia tho event of a conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreemcat, the Seller represents and warrants fault -free performance and fault -free result in the processing date and date related data (including, but not limited to calculating, comparing and sequencing) of ail bardwa e, software and firmware products delivered and services provided under this Coutrac% individually or in combination, as the ase may be from the effective date ofthis Contract. Also. the Seller warrants the ycar2000 calculations will be recognized and accommodated and will not, in any way. result in hardware, software or firmware failure. The City of Lubbock at its sole option, may require the Seller, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. The obligations contained herein apply to products and services provided by the Seller, its sub-Scllcr or any third parry 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 of any of its rights under the law and ander this Contract including, but not limited to, its right pertaining to termination or default. The warranties contained herein we separate and discrete from any other warranties specified in this Coutract. and are not subject to any 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 document incorporated in this Contract by reference. So. SAFETY WARRANTY. Seller warrants that the product sold to the Buyer shall contort to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event the product does not conform to OSHA standards, Buyer 43:P11R H1fERMCOND.D0C may return the product for correction or replacement at the Seller's expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Seller's expense. 11. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS. As pact ofthis contract for 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 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 event shall Buyer be liable to Scllcr for indemnification in the event that Seller is sued on the grounds of infringement of the like. If Scller is of the opinion that an infringement or the lice will result, he will notify the Buyer to this effect in writing within two weeks after the signing ofthis agm ment. 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 Eke, the contract shall be null and void. 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before accepting them. 13. CANCELLATION. Buyer shall have the right to cancel for default all or any part ofthe undelivered portion ofthis order if Seller breaches any of the terms hereof iaclud'eng warranties of Seller or if the Seller becomes insolvent or commits acts of banlwptcy. Sucb right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have its law or equity. 14. TERMINATION. The performance of work under this order tray be terminated in whole, or in part by the Buyer in accordance with this provision. Termination ofwork hereunder shall be effected by the delivery of the Seller of* "Notice ofTerminatioe specifying the extent to which performance of work under the order is terminated and the due upon which such termination becomes effective. Such right or termination is in addition to and not in lieu of the rights of Buycr set forth in Clause 13, herein. 15. FORCE MAJEURE. Neither parry shall be held responsible for losses, resulting ifthe fulfillnunt of any terms of provisions ofthis contract is delayed or prevented by any cause not within the control of the parry whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. 16. ASSIGNMENT -DELEGATION. No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission ofthe Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. 17. WAIVER. No Claus or right wising out ofa brach ofthis contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved parry. 1g. INTERPRETATION -PAROLE EVIDENCE. This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids, and any other documents provided by Seller as part of his bid, is intended by the paries as a foul expression of their agreement and intended also as a complete and 'exclusive statement of the terms of their agreement. Whenever a term defused by the Uniform Commercial Code is used in this agreement, the defmition contained in the Code is to control. 19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Where ever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date ofthis agreement. 20. RIGHT TO ASSURANCE. Whenever one party to this contract in good faith has reason to question the other party's intent 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 treat this failure as an anticipatory repudiation of the contract. 21. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting ofthis Contract or which may anywise result therefrom, whether Of not it shall be alleged or determined that the act was caused through negligence or omission of the Seller or its employees, or of the sub5cller of assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attomeys and all Costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shill be rendered against the Buyer in any such action, the Seller shall. at its own expensm satisfy and discharge the same Seller expressly understands and agrees that any 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 as herein provided. 22. TIME. it is hereby expressly agreed and understood that time is of the essence for the performance ofthis contrail, and failure by contract to meet the time specifications of dais agreement will cause Seller to be in default ofthis agreement. 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 will be afforded equal opportunities to subunit bids in response to this invitation and will not be discriminated against on the grounds of mce, color, sex or natural origin in consideration forawkw"