HomeMy WebLinkAboutResolution - 2007-R0346 - Contract - Continental Batteries - Purchase Of Automotive Batteries - 07_26_2007Resolution No. 2007-R0346
July 26, 2007
Item No. 5.32
RESOLUTION
E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock
and Continental Batteries of San Antonio, Texas, to purchase automotive batteries,
annual pricing, for the City of Lubbock, which Contract and any associated documents,
are attached hereto and made a part of this Resolution for all intents and purposes.
Passed by the City Council this 26rh day of July , 2007.
DAVID A. MILLER, MAYOR
ATTEST:
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Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
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Mari Y676od
Assistant City Manager/Chief Information Officer
n Vandiver, Attorney of Counsel
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My 9, 2007
Resolution No. 2007—RO346
CITY OF LUBBOCK
CONTRACT FOR SERVICES
For
Automotive Batteries — Annual Pricing
Bid No. 07-049-RW
THIS CONTRACT, made and entered into this 26"' day of July, 2007, pursuant to a resolution
heretofore adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and
Continental Batteries, ("Contractor"),
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Automotive Batteries — Annual
Pricing and bids were received and duly opened as required by law; and
WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock
has heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the
name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the
said Automotive Batteries .
NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the
financial consideration hereinafter referred to, the parties hereby covenant and agree as follows:
1. In accordance with City's specifications and Contractor's bid, copies of which specifications
and bid are attached hereto and made part hereof, Contractor will deliver to the City the
Automotive Batteries specifically referred to as Item(s) No. 1-17 and more particularly
described in the bid submitted by the Contractor or in the specifications attached hereto.
The City promises and agrees to employ, and does employ, the Contractor to cause to be done
the work provided for in this Contract and to complete and finish the same according to the
attached specifications, offer, and terms and conditions contained herein. The City agrees to
pay the Contractor according to the payment schedule attached; said payment schedule does not
include any applicable sales or use tax.
3. The Contractor shall perform the work according to the procedure outlined in the specifications
and Invitation to Bid attached hereto and incorporated herein. The contract shall be for a term
of one-year, said date of term beginning upon City Council date of formal approval. The City
and Contractor may, upon written mutual consent, extend the contract for two additional one-
year periods.
4. Contractor shall at all times be an independent contractor and not an agent or representative of
City with regard to performance of the Services. Contractor shall not represent that it is, or
051T85ervicesBV.doc
hold itself out as, an agent or representative of City. In no event shall Contractor be authorized
to enter into any agreement or undertaldng for or on behalf of City.
5. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or
interests accruing from this Contract without the written consent of the other.
6. This Contract consists of the following documents set forth herein; Invitation to Bid #07-049-
RW, General Conditions, Specifications, and the Bid Form.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the
day and year first above written. Executed in triplicate.
CITY OF LUBBOCK
David A. Miller, Mayor
ATTEST:
APPROVE AS TO CONTENT:
Mark ea4 Assistant ity Manager / Chief Information Office
APPROVED O.
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BY
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