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HomeMy WebLinkAboutResolution - 2007-R0314 - PO - Dooley Tackaberry Inc.- Mid Mount Aerial Fire Truck - 07/12/2007Resolution No. 2007-RO314 July 12, 2007 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 a Purchase Order Contract and any associated documents with Dooley Tackaberry, Inc., of Houston, Texas, for a mid -mount aerial fire truck, which Purchase Order Contract and any associated documents are attached hereto as Exhibit A and made a part hereof for all intents and purposes. Passed by the City Council this 12th day of Tui , 2007. DAVID A. 11LLER, MAYOR ATTEST: Pke-.eReb cca Garza, City Secretary APPROVED AS TO CONTENT: �11'_ ( �4/� M k eaAood Assistant City Manager/Chief Information Officer 4Don VED A O FORM: ' 4 andiver, ttorney of DDres/DooleyAerial FireTruc00con07Res July 3, 2007 t Y CITY OF LUBBOCK t Q Page 'l 1 U R C H A S E ORDER Date Order No Brn/Plt TO: DOOLEY TACKABERRY INC PO BOX 201880 HOUSTON TX 77216 1880 SHIP TO: - 1 7/02/07 313717 000 OP 3511 CITY OF LUBBOCK CENTRAL FIRE STATION COMPLEX RAUL SALAZAR LUBBOCK TX 79401 INVOICE TO: CITY Of LUBBOCK ACCOUNTS PAYABLE P.O. BOX 2000 LUBBOCK, TX 79457 BY: ---------------------------------------------------------------- Ordered 07/02107 Freight FOB Destination Frt Prepaid Requested 07/02/07 Taken By - FELIX ORTA Delivery HGAC CONTRACT# FS12-05 GA05 Description / Supplier Ite Ordered UM Unit Cost UM Extension Req. Dt MID MOUNT AERIAL BODY 1.000 EA 815,300.0000 EA 815,300.00 03/03/08 CYCLONE II FIRE TRUCK HGAC ADMINISTRATIVE FEE EA 2,000.0000 EA 2,000.00 03/03/08 This purchase order encumbers funds in the amount of $817,300.00 awarded to Dooley Tackaberry Inc. of Houston, TX on July 12, 2007. The following is incorporated into and made part of this purchase order by reference: Price Quotation dated June 18, 2007 from Dooley Tackaberry Inc. of Houston, TX and HGAC Contract# F512-05 GA05. Resolution# 2007-80314 W W % i � J f �, David A. Miller, Mayor APPROAS TO FORN�j: , Assistan ity At rney AT EST: Reb cca Garza, City Secretary ------------------------------------------------------ Terms NET 30 Total Order -------------------- 817,300.00 TERMS AND CONDITIONS IMPORTANT: READ CAREFULLY STANDARD TERMS AND CONDITIONS CITY OF LUBBOCK, TEXAS Seller and Buyer agree as follows: 1 SELLE R TO PACKAGE GOODS. Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows (a) Seller's name and address, (b) Consignee's name. address and purchase order Of purchase release number and the supply agreement number illapplicable, icy Container number and total number of containers, e.g. box I of4 boxes, and (dl 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 conelustve on shipments not accompanied by packing lists. 2 SHIF"ENT UNDER RESERVATION PROHIBITED. Seller is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a lender of goody. 3. TITLE AND RISK OF LOSS. The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession oFthe goods at the point or points of delivery. 4. NO REPLACEMENT OF DEFECTIVE TENDER- Every tenter of delivery ofgoods must 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 not have the righl to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may reasonably noxi fy Buyer of his intention to cure and may then make a conforming tender within the worarwl time but not afterward. 5. IN VOICES R 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 waybilt when applicable, should be attached to the invoice. Mail To. Accounts Payable, City of Lubbock, P. O. Box 2000, Lubbock, Texas 79457, Payment shall not be due until the above instruments are submitted after delivery. b. GRATUITIES. The Buyer may, by written notice to the Seller, cancel this contract without Habil ity to Seller i fit is determined by Buyer thal gratuities, in the form of entertamment, 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 army determinations with respect to the performing of such a. contract. In the event this contract is carsceled by Buyer pursuant to this provision, Buyer shall be entitled in addition to any other rights and remedies, to recover or withhold the ar ount of the cost incurred by Seller in providing such gratuilies- 7. SPECIAL TOOLS Ac TEST EQUIPMENT. If the price stated on the Face hereof includes the cost of any special tooling or special tett equipment fabricated car 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 idealiFied by the Seller as such, 8. 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 Far 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 dears shall be reduced to the Seller's current pnces on orders by other, 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 bas 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 viciation of this warranty the Buyer shalt have the right in addition to any other 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. Seiler shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer. Seller warrants that the goods famished will conform to the specification, drawings, and descriptions listed in. the bid invitation, and to the sample(s) ftnm.ishtd by the Seller, if any. In the eveol of a conflict or between the specifications, drawings, mid descriptions. the specifications shall govern. Notwithstanding any provisions contained in the contractual agreement, the Seller represents and warrants fauh-free 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 combinaticn. as the can may be fromthe effective date of this Contract Also, the Seller warrants the year2000 calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure The City of Lubbock, at is sole option, may require the Seller, at any time, to demonstrate the procedures it intends to follow in oder to comply with all the obligations contained herein. The Obligations contained herein apply to products and services provided by the Seller, its sub -Seller at 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 of any of its rights under the law amid under this Contract Including, but not limned to, Its right pertaining to termination or default. The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation of the Sekler's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference.. 10 SAFETY WARRANTY. Seller warrants that the producl sold to the Buyer shall conform to the standards promulgatedby the U. S. Department of Labor under the Occupational Safety and Health Act of 1971). 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 Seller fails to make the appropriate correction within a reasonable Iime, currecbon made by Buyer will be at the Seller's expense. I I. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS .As part of this contract for sale Seller agrees to ascertain whether guods 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 too warranty that the production or gnu e according to the specification will not give rose to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seiler issued on the grounds of infringement of the like. IfSeller is of the opinion that an infringement or the like will result he well 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 Sailer in good faith ascertains the Production of the goads 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 Inspect the goods at dehvcry before accepting them. 13. CANCELLATION. Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms, hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy Such right of cancellation is in addition to and not in lieu army other remedies which Buyer may have in law or equity, 14. TERMINATION. The performance of work under this order may be temrinaled in whole, or in part by the Buyer in accordance with this provision. Termination of work hereunder shall be effected by the delivery of the Seller of a "Notice of Termination" specifying the extent to which performance oFvvork under the order is terminated and the dale upon which such termination becomes effective. Such right or lamination is in addition to and not in lieu of the rights of Buyer set forth in Clause 13, herein. I5. FORCE MAJEURE. Neither party shall be held responsible for losses, resulting if the fulfillment of any tents of provisions of this contract is delayed or prevented boy arry 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 army obligation made by Seller without the written permission of the 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 claim or right arising out of a breach of this contract can be discharged in whole or in pan by a waiver i renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in wtibrig signed by the aggrieved party IS. 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 parties as a final expression of their agreement and intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to control. 19. APPLICABLE LA W. This agreement shall be governed by the Uniform Commercial Code. Where ever the tion "UmForm Comimrcial 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 of this agreement, 20. RIGHT TO ASSURANCE Whenever ane party 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 perforin. 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 of this Contract or which may anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence o omission of the Seller or its employees, or of the subSeller or assignee or its employees, if any, and the Seller shall, at his own expense, appear, defend and pay a1I charges of attorneys and ail costs and other expenses ansing therefrom of incurred in connection therewith, aril, if any judgment shall be rendered against the Buyer in any such action, the Seller shall, at its own expemes, 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 responsshility to indemnify, keep and save harmless and defend the Buyer as herein provided - 22. TIME. 11 is hereby expressly agreed and understood that tune is of the essence fur the performance of this contract, and failure bo contrao to meet the mine specifications of this agreement wi 11 cause Seller to be in default of this 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 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. Rey. 0812005