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HomeMy WebLinkAboutResolution - 2013-R0106 - PO - Mcgavock Nissan - Police Pickup Trucks - 03/28/2013Resolution No. 2013-R0106 March 28, 2013 Item No. 5.13 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, Purchase Order No. 31014234 for the purchase of mid-size pickups for police patrol as per ITB 13 -11075 -DG, by and between the City of Lubbock and McGavock Nissan, 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 on March 28, 2013 4j/ GL ROBERTSON, MAYOR ATTEST: Rebc ca Garza, City APPROVED AS TO CO 'ANT: 1 Scott Snider, Assistant City Manager Community Services APPRASITO FORM: /V Chad Weaver, Assistant City Attorney I vw:co docs/RES.McGavockNissan-PurchaseGrd i March 8, 2013 i Iflubbo'k PURCHASE ORDER TEXAS TO: MCGAVOCK NISSAN 6312 MILWAUKEE AVE LUBBOCK Texas 79424 INVOICETO: CITY OFLUBBOCK ACCOUNTSPAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 SHIP TO: Page - 1 Date - 03/07/2013 Order Number 31014234 000 OP CITY OF LUBBOCK FLEETSERVICES 206 MUNICIPAL DRIVE LUBBOCK Texas 79403 Ordered 03/07/2013 Freight Requested 03/07/2013 'taken By Delivery PER M.TREVINO/REQ 40676 ITB 13-11075- DG Description/Supplier Item Ordered Unit Cost UM Mid -Sim, Pickup Trucks SV 4-6 3.000 22,465.0000 EA Lxtendod Cap, 2 Wheel Drivc Temss NETDUEONRECEIPT D.TORRES Extension Request Date 67,395.00 06/28/2013 Tidal Order 67,395.00 This purchase order encumbers funds in the amount of $67,395 awarded to McGavock Nissan of Lubbock, Texas on March 28, 2013, The following is incorporated into and made part of this purchase order by rcfere ce: ITB 13 -11075 -DG bid form dated March 4, 2013 from McGavock Nissan of Lubbock, Texas. Resolution# -2013-R0106 - CITY OF LUBPCK ATTEST: Glen C. 116bertson, Mayor Rebet Garza, City Secretary -.� TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERAIS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: t. SELLER TO PACKAGE GOODS. Sella will package goods in accordance with good commercial practice. Each shipping container shall be clearly and pemunently 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, (c) Container number and total number of containers, e.g. box I of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by puking lists. 2. SIRPMENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender ofa bill of lading will operate as a lender of goods. 3. TITLE AND RISK OF LOSS. The title and risk of len of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or paints of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of delivery of goods must fully comply with all provisions of this contras as to time of delivery, quality and the lik¢ If a Tender is made which does not fully conform, this shall constitute a breach and Sella shall not have the right to substitute a conforming tender, provided, where the time for perfomunce has not yet expired, the Seller may reasonably notify Buyer of his Intention to cure and may then make a conforming tender within the contract time but not afterward. S. 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 if applicable. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, should be attached to die invoice. Mail To: Accounts Payable, City of Lubbock. P. O. Bax 2000, Lubbock, Texas 79457. Payment shall not be due until the above instruments arc submitted after delivery. 6. GRATUITIES. The Buyer nay, by written nota to the Seller, cancel this contract without liability to Sella if it is determined by Buyer that gratuities, in the form of enterainmrnt, gifts or otherwise, were offered or given by Ike Sella, or any agent or representative of the Sella, 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 esent 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 gnmites. 7. SPECIAL TOOLS & TEST EQUIPMENT. If the price sated on the face bettor 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 prim of the items shall be reduced to the Seller's current prices on orders by others, or in the altematve. Buys may canal this contract without liability to Seller for breach or Seller's actual expense. b. The Sella wamnu that no person of 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 Sella for the purpose of securing business. For breach of vitiation of phis warranty the Buyer shall lave the right in addition to any aha 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 of such commission, percentage, brokerage or contingent fee. 9. WARRANTY -PRODUCT. Sella shall not limit or exclude any implied warranties and any attempt to do so shall tender this contract voidable at the option of the Buyer. Seller warrants That the goads famished will conform to the specification, drawings, and descriptions listed in the bid invitation, and to the sample(s) famished by the Seller, if any. In the event ofa conflict or between the specifications, drawings, and descriptions, the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants f Lull -flee performance and fault -free result in the processing date and date related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective due of this Cataract The obligations contained herein apply to products and senior provided by the Sella, its sub - Sella or any third party involved is the creation or development of the products and services to be delivered to the City ofLubbock-under this Contract. Failure to comply with any of the obligations contained herein, may result iTlhCity of Lubbock availing itself of any of its rights under to law and trader the t oattittt irehtB{% but not limited to. its right pertaining to termination or default. The-ryarmaties contained hcnoin aro separate and discrete from any other warranties specified in this Cantracrand ase nisi cubjtct t0 any disclaimer of warranty. implied or cxpressc¢: or limitation of the Sef(sls lability which may be specified in this Contract, is pppeRdics.,i\ schedules. its anmtt:Ces or any document incorporated in this Contract by rcference. 10. SAFETY WARRANTY. Seller warrants that die piroducl sold to the Buyer shall conform to the standards prwnulgated by the U. S. Department df I:abor under the Occupational Safety and lealth Alt of 1970. In the event the product does qct conform to OSTIA standards, Buyer may return the praluct-for correction ar replaoement sift Seller's expense. In the event Seller fails to melee the appropriate correction within -P reasonable time, correction made by Buyer will be at the Seller's expense. IL NO WARRA14TY B4 Bl1Yfi1LAGAINST INFRINGEMENTS, As pan of this contract for sale Seller agrees to ascertain whether goods' nanufacturcd in accordance with the specifications auschett-gthis agreement willgive rise to to rightful claim of any third person by way of infringement of the like. Buyer nukes 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 Seller for indemnification in the event that Seller Is sued on the grounds of Infringement of the like. If Seller is of the opinion that an infringement err 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 liable for the inMngement or the like. Seller will save Buyer harmless. If Scitcr in good faith ascenaim the production of the goods in accordance with the specifications will result In inhingemeni or the like. the contract shall be null and void. 12. RIGHT OF INSPECTION. Buyer shall have the right to inspect the goods at delivery before adapting them. 13. CANCELLATION. Buyer shall have the right to cancel for default all or any par of the undelivered portion of this order if Sdkr breaches any of the terms hereof including warranties of Sella or if the Sella becomes insolvent or commits acts of bankruptcy. Such right of cartaelluion is in addition to and not in lieu of any odea remedies which Buyer may have in law or equity. 14. TERMINATION. The performance of work under this order may be terminated in whole, or in pan by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Sella of a "Notice of Terminator" specifying the extent to which pafonnance of work under the order is terminated and the date upon which such termination becomes effective. Such right at termination is in addition to and not in lieu of the rights of Buyer act forth in Clause 13, herein. IS. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fuinument of any tams of provisions of this contract is delayed or prevented by any cause not within the control of the party 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 Sella without the written permission of the Buyer. Any attempted assignment or delegation by Sella shall be wholly void and totally ineffective for all purpose unless made in conformity with this paragraph. 17. WAIVER. No claim or right arising out ofa breach of this contract can be discharged in whale 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 party. 19. INTERPRLTATION-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 pan of his bid, is intended by the panics as a final expression of their agreement and intended also as a complete and exclusive statement of the tains of their agreement. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Coda is to control. 19. APPLICABLE LAW. This agreement shall be governed by the Uniform Commercial Code. Where ever the tam "Uniform Commercial Code" is used. It shall be construed as meaning the Uniform Commercial Cade as adopted in the State of Texas as effective and in force an the date of this agreement. 20. RIGHT TO ASSURANCE. Whenever one parry to This contract in good faith has reason to question The other party's intent to perform he may demand that the other party give written assurance of his intent to perform. In the event that a demand is nude and no assurance is given within five (5) days. The demanding parry may meat this failure as an anticipatory repudiation of the comma 21. INDEMNIFICATION. Seller shall indemnify, keep and save harmless the Buyer, its agents, officals and employees, against all Injuries, deaths, loss, damages, claims, parent claims. suits. liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Contract or which may anywise result therefrom whether or not it shall be alleged at determined that the act was caused through negligence or omission of the Seller or its employees, or of the subSella or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay all chirps of attorneys and all costs and other expenses arising therefrom of incurred in connection therewith, and, if any judgment shall be rendered against the Buyer in any such action, the Seller shall, at its own expenses. 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 of this contract, and failure by contract to meet the Time specifications of this agreement will cause Seller to be in default of this agreement. 23. MBE The City of Lubbock hereby notifies all bidden that in regard to any oortuact entered into pursuant to this request, minority and women business enterprises will be afforded equal opportunities to submit bids in respome to This invitation and will Trot be discriminated against an the grounds of race. color. sex or natural origin in consideration for an award 24. NON -ARBITRATION. The City reserves the right to exarcisc any right orremedy available to it by law, contract, equity. or otherwise, including without limiution. the right to seek any and all fonts of relief in a cam of competent jurisdiction. Further, the City stall net be subject to any arbitration prams prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein arc cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, at related to, this document, ibis provision shall control. 25. RIGHT TO AUDIT. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractors records and books relevant to all services provided to the City under this COntmtL In the event such an audit by the City reveals any errors or overpayments 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 its option. reserves the right to deduct such amounts owing the City from any payments due Contractor. Rev. 0212012