HomeMy WebLinkAboutResolution - 2007-R0518 - Contract - Kitten Fertilizer & Supply - Granulated Urea - 11/08/2007Resolution No. 2007-RO518
November 8, 2007
Item No. 5.12
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 for and on behalf of the City of Lubbock a Contract with Kitten Fertilizer &
Supply of Slaton, Texas, for granulated urea -annual pricing, per bid #07 -084 -FO, a copy
of which Contract and any associated documents are attached hereto and which shall be
spread upon the minutes of this Council and as spread upon the minutes of this Council
shall constitute and be a part hereof as if fully copied herein in detail.
Passed by the City Council this 8th day of November ) 2007•
DAVID A. 4ILLER, MAYOR
ATTEST:
a Garza, City S
APP VEDAS TOC ENT:
am Loomis
, stant City Manager/Transportation and Public Works
APPROVED AS T FORM;
on Vandiver, Attorney f Counsel
DDres/KittcnFerti1izer-APcon07 Res
October 29, 2007
ITB # 07 -084 -FO, Granulated Urea -- Annual Pricing
Resolution No. 2007—RO518
CITY OF LUBBOCK
CONTRACT FOR SERVICES
For
Granulated Urea — Annual Pricing
ITB #017 -084 -FO
THIS CONTRACT, made and entered into this 8th day of November 2007, pursuant to a resolution heretofore
adopted by the City of Lubbock, Texas, by and between the City of Lubbock ("City"), and Kitten Fertilizer &
Supply ("Contractor").
WITNESSETH:
WHEREAS, the City of Lubbock duly advertised for bids for Granulated Urea — 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 Granulated Urea.
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 Granulated Urea specifically
referred to as Item(s) No. One and more particularly described in the bid submitted by the Contractor or in
the specifications attached hereto.
2. 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 two -years,
said date of term beginning upon City Council date of formal approval. The City and Contractor may,
upon written mutual consent, extend the contract one additional one-year period.
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 hold itself out as, an
agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or
undertaking 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 -084 -FO, General
Conditions, Specifications, and the Bid Form.
ITB#07-084-FO.doc
ITB # 07 -084 -FO, Granulated Urea — Annual Pricing
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. N1,ier, Mayor
ATTEST:
Reb eca Garza, City Se etary
APPROVED AS T4kFORM:
Assistant City Attorney
ITB#07-084-FO.doc 2
CONTRACTOR
BYa�4,2,t
Authorizedresentati e
Address
AS TO
Loomis
jr of Aviation