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