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HomeMy Public PortalAboutORD14934 BILL NO. 2011-161 SPONSORED BY COUNCILMAN Harve ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH RILEY CHEVROLET, INC., FOR THE PURCHASE OF POLICE DEPARTMENT MOTOR VEHICLES. WHEREAS, Riley Chevrolet, Inc., has become the apparent lowest and best bidder for the purchase of Police Department motor vehicles. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of Riley Chevrolet, Inc., is declared to be the lowest and best bid and is hereby accepted. Section 2, The Mayor and City Clerk are hereby authorized to execute an agreement with Riley Chevrolet, Inc., for the purchase of eight (8) Chevrolet Tahoe motor vehicles for use by the Police Department. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved: r e' i r May ATTEST: APPROVED AS TO FORM: Cify Clerk l Brim City Counselor CONTRACT " THIS CONTRACT, made and entered into this day of ✓ / 2012, by and between Riley Chevrolet Inc.hereinafter called"Contractor," and the City of Jefferson,Missouri,a municipal corporation, hereinafter called "City." 1. Scope of Services. Contractor agrees to sell to the City eight(8)2012 Chevrolet Tahoe motor vehicles as specified and equipped in the bid specification submitted by Contractor. The Prisoner Transport Single is being removed from the bid and the Prisoner Transport Dual is being added,this results in a change of the bid price to$276,008.00. 2. Manner and Time for Completion. Contractor shall deliver all vehicles within ninety days (90) days after the date of the order of the vehicles by Contractor. It is understood and agreed that time is of the essence of this contract,and all provisions therein,and the contractor agrees to act in conformity with the provisions set forth in the requirements and instructions to bidders and to prosecute the same with all due diligence, but if the Contractor should in good faith be delayed by any strike, lockout,fire, flood,an act of God, or other casualty,beyond its reasonable control,and if the contractor promptly notifies the City of the delay and the cause thereof,then the period of delay necessarily caused thereby may be added to the time limit provided for such construction and erection upon the consent of the City which consent shall not be unreasonably withheld 3. Payment. For purchase of said vehicles,the City hereby agrees to pay Contractor Two Hundred Seventy Six Thousand Eight dollars, ($276,008), payable upon delivery. 4. Warranties. Contractor shall provide warranties to the City as provided in the bid specification submitted by Contractor. S. Termination and City's Right to Proceed. Failure of the Contractor to provide the specified vehicles within the time frame provided shall authorize the City to terminate the contract. The foregoing provisions are in addition to,and not in limitation of, the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws. 6. Contract Documents. The contract documents are made part of this agreement and shall consist of this Contract, Addenda, Information for Bidders, Notice to Bidders and the signed copy of the Bid submitted by the Contractor. 7. Notices. All notices required to be in writing may be given by first class mail addressed to Police Chief Community Development, City of Jefferson, 401 Monroe, Jefferson City, Missouri 65101, and Contractor at Riley Chevrolet, Inc,2033 Christy Drive,Jefferson City, Missouri, 65101. The date of delivery of any notice shall be the second full day after the day of its mailing. S. Complete Understandin:=,Merger. Parties agree that this document including those documents described in the section entitled "Contract Documents" represent the full and complete understanding of the parties. This contact includes only those goods and services specifically set out. This contract supersedes all prior contracts and understandings between the Contractor and the City. 9. Authorship and Enforcement Parties agree that the production of this document was the joint effort of both parties and that the contract should not be construed as having been drafted by either party. In the event that either party shall seek to enforce the terms of this contract through litigation,the prevailing party in such action shall be entitled to receive, in addition to any other relief, its reasonable attorneys fees, expenses and costs. 10. Amendments. This contract may not be modified, changed or altered by any oral promise or statement by whomsoever made; nor shall any modification of it be binding upon the City until such written modification shall have been approved in writing by an authorized officer of the City. Contractor acknowledges that the City may not be responsible for paying for changes or modifications that were not properly authorized. IL Waiver of Breech- Failure to Exercise Rights and Waiver: Failure to insist upon strict compliance with any of the terms covenants or conditions herein shat l not be deemed a waiver of any such terms, covenants or conditions,nor shall any failure at one or more times be deemed a waiver or relinquishment at any other time or times by any right under the terms,covenants or conditions herein. 12. Ass. nment. Neither party may sell or assign its rights or responsibilities under the terms of this agreement without the express consent of the remaining party. 13. Jurisdiction. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. IN WI'T'NESS WHEREOF,the parties hereto have set their hands and seals this day of t- , 2012. CITY OF JEFFERSO Riley Chevrolet Mayor Title: AT T: �f—'�.ti� / TEST. A/1 ,- CAI)71A(tJ City Clcrk Title: APPROVED AS TO FORM: Int m City Counselor UACONTR'SC'i'IMESWNC IMINLEY CHEl7tOLtMMOMU MUCLE PURCHASE AGRELAIEN-RDOM