HomeMy WebLinkAboutResolution - 2009-R0163 - PO - Gene Messer Chevrolet - Mid Size Pickups - 04/27/2009Resolution No. 2009—RO163
April 27, 2009
Item No. 5.20
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 the
purchase of mid-size pick-ups as per bid 09 -024 -FO, 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 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 27th
ATTEST:
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
Mark rearwak, Assistant City Manager
Chief rinancialOfficer
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
day of April , 2009.
��//_/
TOM MARTIN, MAYOR
vw/ccdocs/Chad/Resolutions/RES.Gene Messer Chevrolet-PurchaseOrd
April 20, 2009
To:
♦ Y o
U R C H A S E ORDER
GENE MESSER CHEVROLET
3907 AVENUE Q
LUBBOCK TX 79412
INVOICE TO: CITI" OF U RROCK
ACCOI NTS PSI ABLE
P.U. BOX 2000
1.1 BBOCK. TX 79457
Page - 1
Date 4/20/09
Order No. 346335 000 OP
Brn/Plt 3511
SHIP TO:
CITY OF LUBBOCK
FLEET SERVICES
204 MUNICIPAL DRIVE
LUBBOCK TX 79404
BY:vc�
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Ordered 04/20/09 Freight FOB Destination Frt Prepaid
Requested - 04/27/09 Taken By FELIX ORTA
Delivery PER T. GUZMAN REQ# 31895 ITB# 09 -024 -FO
Description / Supplier Ite
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4X2 CHEVY COLORADO W/5.3 V8
145 ALT. & OFF ROAD SUSP.
Ordered UM Unit Cost UM Extension Req. Dt
18.000 EA 19,287.0000 EA 347,166.00 08/07/09
This purchase order encumbers funds in the amount of $347,1616, for the purchase of Mid -Size Pick Ups awarded
on April 27, 2069, to Gene Messer Chevrolet of Lubbock, Texas, in accordance with Gene Messer Chevrolet of
Lubbock, Texas response to ITB#09-024-FO. 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
ITB# 09 -024 -FO. Resolution# 2409--RO163
CITY OF LUBBOCK
< � � /,- ?/,. W--; Z � -
Tom artin, Mayor
Terms NET 30
ATTEST:
CQ
Retie ca Garza, City Secretary
Tot Order
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347,166.00
TERMS AND CONDITIONS
IMPORTANT: READ CAREFULLY
STANDARD TERMS AND CONDITIONS
CITY OF LUBBOCK, TEXAS
Seller and Buyer agree as follows;
1 SI, I_LER TO P WK.ALA GCIODS Seiler %till package gods in accordincir -th uaod
commereaat practice Filch shipping crntamersh:d l be clearly and pernanenlly marked as
follows Jai Seller's name and address. (b) Consignee's flame, address and purchase order or
purchase rrcleasc nnmher and the saapph agreement number of applicable. lest Container number
And total number of containers, a g. Ix,y 1 of q btwes, and (d) the number of the container
hearing the packing alrp Seller shall Frear cost of packaging unless otherwise provided. Goods
shall be ,it lahly p.tcked in secure lowest transportation casts and to conform wan requirements
of comaine,rt carriers and any apphcable specifications. Buyers taunt or weight hall be final
and e`nnCltLSINV on shipments not accompanied Mpacking lists.
SI IIP\JF:'NT F'\ll RI Sl TlO\ PROHIBITED Seller is not authorised to ship the
vuods under wser,arion and m, tender ora hill of lading will operate as a tender ofgords.
3 TM F AND RISE. Of I OSS The title and nA of Boas of the goods shall not pass to Buyer
until BUN ter actoadly teennes and take, pwsessu..i of clic gounck at the Ix it or purls of
Jchxery
{ NJ) RFPL.kCFVILNTOFOFFECTI VI TLNDI'R Eo cry tender ol'deh,ery-if goods must
Bully comply with AT post—,,ons. of this contract ,n to time of deli,cry, qualan and the like. If a
tender is made which dues not Bally conform, this shall constitute a breach and Seller shall not
have the right to still,] note a confirming render, provided, where the omit for performance has
not vet expired. the Seller may reasonably n idle Buyer of his mtenhon to cure and may then
,,take a confornung leader within the cunuael Little bun not atienv.ird.
5 INVOICES k PAY\IFRTS
a Seller shall .submit separate immrces. in duplicate, one each purchase order or purchase
release aftereach delivery Im once, shall indicate the purchase rider ur purchase release
number and the supply agreement number if applicable Invoices shall he itemized and
transportation charges., ill .,hall he listed sepail lv .1 cupv ofthe hell if ladinu. and the
Freight vvavhdt when applicable, should be attached to the invoice, Mad To Accounts
Parable, ('try of Luhhock. P, O Box 2W0, Lubbock. Tela 70457. Payment shall not be due
until the abulic mmniments are submitted alder delivery.
6 GRATUITIES The Buver may, by written notice to the Seller, cancel this contract without
inability to Seller if it is determined by Buyer that gratrail in the form oremolta lment. Polls
or otherwise. were offered or given by the Seller. or ;mv agenl or representative of the Seller° to
any officer or employee of the City of Luhhcek with a view m securing a contract or sectirmy
iavorable treatment with respect to the awarding or amending. air the oinking of arr
determinatituis with respect to the performing ol',mh a eonfract In the event this contract is
canceled by Buyer pursuant to this Form ision. Fluver shall he entitled, m addition loamy other
rights and remedies, to recover or withhold the amount of the cost incurred by Sol ler in
providing +inch gmtiuffes,
7 SPECIAL TOOLS R TEST EQUIPMENT Irthe price stated on the lace hereof mcludes the
cost of anv special umling ar special test equipment t:abricated or required by Seller for the
purpose of filling this order, such special tooling equipment and any process sheets related
therein shall become the property of the Buyer and to the extent fousihlc shalt he identified by
the Seller as such
g 14ARRANT'i-PRICE.
a..The price to he paid by the Buyer shall be that contained. in Scller's bid which Seller
w,arims to he no higher than Sellers current process on nrdem M tither% for products of the
kind and specification covered by this agreement for similar quantities under similar of like
r mJihuats .tnJ mefh�ds of porch sae In the et ent Seller fhreache, this the prices of
the nems ,hall be reduced to the Seller's current paces tin orders by others, or in the
Ahemaln e. Buyer may cancel this contract without liability to Seller far breach or Seller's
actual expefase
to The Seller w arrams That no person it wi log igencv has been employed or retamed to loco
or secure this contractupon an agreement or understanding for commission, percentage,
brokerage. or contingent fere excepting bona tide employees of bona tide til ished
commerce at or wiling ageneses maintained by the Seller For the purpose of securing brarnes
I or breach of crciation of thus warranty the Buyer shall have the right in addition to any other
n right of rights to caa:el this contract withal It abdtty and lin deduct from the contract price. or
ntherwise recover without liability and to deduct lion the contract price, or othiuMne recover
the full amount of such commission, percentage, brokerage or cuntmgent f-ee.
'a N' 4RR1, %1 V -PROD( ICT Seller %bill not Lm l or exchude any implied warranties and,any
attempt u, r4, so ..hall render this contract sandable at the cplaoit of ilii Elmer Seller warrants
that the goods famished will confirm to the specification, drawings, and descnpticns Filled in
The bed rn,om n. old to the samplelsf furnished by the Seller, ifary In the event of a conlliet
or between the spevuicattons, drawings., and descriptions, the specnhcaons shall govern.
\ons ahstandmu .any prm e ions conlamcd ,n the enmrictual agreement. the Seller repril is
and warrants fault -Free perlirmance and fault-f-ree result in the rntcessing ,late and date related
J,oa i including, but not limited to calculating. comparing ng and sequencing) ,hall hardware,
eofm ire Lind lirnware product, dci,.cred and sen ices prokided under this ('ontract.
�ndi% dowlIN or in combrnahmn. a, the case may he from the effectne date oftlin, Contract
N Is,% the Seller warmnn the }ear -'u itxa cakidabuts nal he rein Lowed .ind ac.•nm,arxdared ,rid
will net. in ary v%av, faun in hardware, agl•, ore air lirmw.te IWlare 'Chil url"1 uhhi "ek, et
T; n .r. , ruo. 11'\ require ahe Se''her, i, n ca !% -i le 1ht r:r tie t ttvsi Js !i.
hdlo„ r erdet tin complt with all the ohhranuns c. utauied herein. The ohhgatians contained
harem apply to products and era aces pros ided by the .Seller its .sub -Seller or anv third party
nroked nihecreatimnorde:eiopmenlofthe prrduct.,andseryicesto, bedelixeredrothe ('.ty
O' Lubbtxk under Thos Contract I ,adare to comply „nth any of the obliganom contained
herein, may rnult in the Cita of Luhhock avatlrnu itself o£,my of els ro-_uhts ander the law .rod
ander rhes. (" lull"oCI mcludmg, but nut hnli e„ i.s, its right pertaining tin termirtu,m nr defludr
rhe warranties contained herein are ,eparaw ,v+d discrete from any other nyutT,mties Speedied
in this C'nntract, and are not uht T, It, .u!r dud,urner of sr arr.utry, ratpltrd or enpressed. ,•r
Jur rahun of the Seller's liability „rich rosy lies specilled in Ihru Comrmact, las appendices. as
..ned.ulc,_ a." .mrexen, i ani do,tarom u:cinprralcd ;: Ari, ( • r,tcicl by reti'rcrce
I0 SAfFT) lion kill Seller t,ammi%that the pnduct .old collie Buver shall conform to
the standards promulgated by the L S Department of Lalx,r under the Occupational S.afen.Ind
Health .lest of 1 ")70 In the event the product Jives not conform to OSHA standards. Buyer may
reltun the product for vorectwn or replacement at the Seller's eNpense in the cs ent Seller
tar is to make the appropn.ae correction wuhm a reasonable time, correction made by Rover
will he at the Sellers expense.
I I \O W %RR.XNTY FIN" BI.'t'ER AGA.I\ST INFRI\GF\IF'.TS. its par, ofthis contract for
sale Sel ler agrees to ascertain whether goods manufactured in accordance with the
speer ficattons attached to this agreement will un a rise tw the rightful claim of am third person
by w,m of nnfnngement of the Inke Bit yet irakcs no warranty that the production ofgooxis
accordr ng to the speer ficalion "ill not w re rise to such a clmm. and in no er enl shall Buyer be
Sable to Seller Far indemnification in the event that Seller is sued on the grounds of
inFnneement of the like If Seller rs of he npimon that an infringement it the like will result.
Ire will notify the Buyer to this ell'eci to routing within two weeks alter the signing ol'thus
agreement If Bayer does not recene notice and is subscquendy held liable roar the
infrmgemcnt ar the tike. Seller will save Boner harmless. If Sefler in _rxod faith aweratns the
production of the goods on accordance with the speaficafruns will result in mfnngenvot of the
like, the contract shall be null and. void
I'_ RIGHT Of INSPECTION. Buyer shall have the right to inspect the goads it dcicvrry before
accepting them.
13. C'.1NCE ILLATION Buyer shall have the right to cancel for default all or anv part of fire
undelivered portion of thus order if Seller hreaches anv of the terns hcro4mcludm;: warranties
of Seller or tribe Seller becomes rnsohem or cummnts aces of hankniptcy Such right. of
cancellation is in addition to and not in lieu of anv other remedies which Buyer may have or
law or equity.
1.1 TERMINATION- The performance or work under this ruder may be terminated in whole. or in
part by the Buyer m accordance with this provosuon Termination of wurk hereunder shall he
effected by the delivery of the Seller of a --Notice of Termmahon'specifvmg the extent to
which performance of work under the order us terminated and the date upon which such
ietminanon hecomes of ecluve. Such right or termination is in addition to and not ria lieu otthe
rights of Barrer set I"onh in Clause 13, herein.
15 r(IRCI M.UEIIRE Neither party shall be held responsible for losses. , resullmu if the
li ifillmem of any terms of provisions of this conlracr is delayed or prevented by any course not
within the control of the party whose performance is interfered with, .rod which by the exercise
of remamabte diligence said party is unable to prevent.
Ir, ASSIGNMENT -DELEGATION. No right or interest in this contract shall he .assigned or
delegation orally obligation made by Seller wdhixn the written permission nl'Ihe Buyer Any,
attempted assignment or delegation by Seller shall he wholly void and totally ineffective for all
purpose unless made in conformity with this paralernph.
17 WAIVER No claim or right arising out of a breach of ilio contract tout be discharged to whole
.nun part by a waiver Air renunciation of the claim or right unless the walker Of renancmhon is
supported by eartsideramn and is in writing signed by the aggri-ed party.
18 INTERPRETATION -PAROLE EV IDENC'E Thus writing, plus any specifications for hods and
performance pray nded by Buyer in its advertisement for bids. and any other diocuments
provided by Seller as pan of his bid, is intended by the panics its a final expression of their
agrecmcnt and intended also as a complete and exclusive statement or The terms of their
n rr V6 h.•never n term defined by the l no form C'omroer nal Code a,mud in this
agreenrcni, the definition contained in the Code is to control
19. APPLIC %RLE L.kW This agreement .hatl he governed by the Lnif""sem Commercial Cade
Where ever the term "I mtorm ('onnmerciai Codc" is used it shall be construed as meaning the
Uniform. Commercial (°ode as adapted to the State of rems as eRoctne and to l`an`e on the
date of this agreement.
_0. RIGHT TO ASST RANCF.it%henever ane party lin this conlract m gored faith has reason to
question the other party's intent to perform he may demand that the other party give written
assurances of la., intent to perform In the e,ent that a demand us aide and no as,uraoce is
hien within five c 5) days, the demanding party may treat this I"allure as an anticipatory
repudrmni ufthe contract.
'I INDENINIFIC.ITION Seller ahallindemnity. keepand save harmlessthe Buyer _Itsagents.
off—ah—Ind rmpfayees. apmnl all mluries. Je;nhs, Inns, damages. chums. patent claims. suits.
handihel Judgments, costs and expenses. which may in attywisc aecrric against the Buver in
consequence of the granting ufthts Contract or which may anywise reach therefrom, whether
or not it shall he alleued or determined that the .lest was caused through negligence or omission
of the Seller mr it, employees, or of the ,ubSi ler ur 35stgnee or ds emplovices. if Lien, and the
Seller shad E, at his own expense, appear, defend and pay all charges of annnill and all costs
.and other a\penes ail therefrom of mcnred on connector therewith, and. Il',tnk Judgment
,had he rendered ag,unst the Buyer an .mv +rich action, the Seller .shall, at its own cxpenses.
,ail and discharge the same Seller expresov understands and agrees that any Nord required
by this contract. or atherwc,e pin ded M seller. ,hall to nn •akar hart the respcm,didu9 i,
indemmfiv, (rep .rod S,,,e h,ormlcsi and defend the Bus or as hereon rein ded
-11 _ FIVtF It ;:; hereh, e%pressly .t;_rved and undershxid rharnme a of -he es:.ince for rhe
I.`vrlitneT.ince of this contract, aid failure by contract In meet the time ,pecificanon of this
agreement ,sill c.il Seller uo he in detaiO nt this.agreement
'-a MBE The City ,of Lubbock lrerehv pouf as all Milder, Shat in rev,Jard !o any cunnact entered
mo paunuant to thus request, n;incnty and women badness enterprises will be afforded islua.l
,pprutumt.cs m all hid,, it, reslatnwe to this int oauon and wall mot he discriminated ,eg.uo,t
on the grounds of race. color. =ex or natural origin it con,det-auon for in awArd
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