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HomeMy WebLinkAboutResolution - 6120 - Operating Agreement - General Motors Corporation - Fleet Services - 12/10/1998Resolution No. 6120 Item No. 20 December 10, 1998 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Operating Agreement with North American Operations -Consolidated Fleet Service Operations, General Motors Corporation, and associated documents, authorizing City of Lubbock Fleet Services to perform new vehicle receiving and predelivery inspections and warranty adjustments on vehicles belonging to the City of Lubbock. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this loth day of December , 1998. ZMDY�ASIT4Tr, YOR ATTEST: K ythi arnell, City Secretary APPROVED AS TO CONTENT: 1Unna`'Mosqueda, Direc , r of Management Services APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney, Office Practice Section gs:/ccdocs/North American Operations.res November 27, 1998 Resolution No. 6120 Item No. 20 December 10, 1998 Mr. Woody Wilson City of Lubbock Fleet/Services 324 Municipal Drive Lubbock, Texas 79457 Dear Mr. Wilson, ® General Motors November 3, 1998 SUBJECT: APPROVAL FOR CHEVROLET IN -SHOP & SHIP -TO CODES - CHEVROLET Your request for In -Shop and Ship To Codes has been tentatively approved for your Lubbock, Texas location by Chevrolet. Your warranty labor rate has been established at $33.70. Please complete and sign each of the enclosed agreements: o Authorized Fleet Warranty Service Station Agreement (GSD 470) o Fleet Warranty Labor Rate Agreement (GSD 472) o Agreement & Acknowledgment Expanding Upon Authorized Fleet Warranty Service Station Agreement (GSD 470-A) Upon receipt of these completed and signed agreements, your request for In -Shop and Ship To Codes will be forwarded to the other GM Divisions involved (if applicable), also you will be assigned the following by Chevrolet: In -shop Code: Ship To Code Effective Date of Codes & Labor Rate: Business Associate Code: (Business Mgmt Div- Chev) Please forward the agreements to Fleet Service Operations, Attn: Karen Deegan, Mail Code 482-A11-616, Renaissance Center, Tower 100, 11th Floor, P. O. Box 100, Detroit, MI 48265- 1000. If you have any questions, please call this office at 800-334-5370. Attachments INSPDORP cc: T. K. Reynolds M. L. Fisher Sincerely, A. R. Wisbiski, Manager Fleet Service Operations ac PONTIAC GMC 13171 c ,- Oicismobiie rmEVmmEr General Motors Corporation Renaissance Center Tower 100 -11th Floor - A0 Box 100 NAO Fleet Operations - Service Mail Code 482 A11 -B16 Detroit, Michigan 48265.1000 Fax (313) 667.982 Hum AUTHORIZED FLEET 752� WARRANTY SERVICE North American Operations STATION AGREEMENT Consolidated Fleet Service Operations (NAO - CFSO) AGREEMENT, effective the 10th day of December , 19 48 by and between North American Operations - Consolidated Fleet Service Operations, General Motors Corporation, hereinafter called "CFSO',, and City of Lubbock a corporation } } 324 Municipal Drive a co -partnership } (Street Address) } Of Lubbock Lubbock Texas an individual } (city) (CoQ) (State) hereinafter called "Fleet Operator". WHEREAS, North American Operations - CFSO is a consolidated operation for fleet services previously handled by Buick, Chevrolet, Cadillac, Pontiac, Oldsmobile, and GMC, and is desirous of allowing Fleet Operator to perform warranty, special policy and campaign adjustments on (arae applicable oivisiw(s)) Buick, Chevrolet, Cadillac, Pontiac, Oldsmobile, GMC vehicles owned and/or leased and operated by Fleet Operator and regularly serviced at 324 Municipal Drive Tnhboc Teas (Address) (city) (State) where Fleet Operator has approved service facilities hereinafter called "Authorized Fleet Warranty Service Station"; and WHEREAS, Fleet Operator is willing to perform such service at an Authorized Fleet Warranty Service Station on the following terms and conditions: THEREFORE, IT IS MUTUALLY AGREED: 1. North American Operations - CFSO hereby authorized Fleet Operator to perform at the Authorized Fleet Warranty Service Station warranty adjustments on vehicles owned or leased and operated by Fleet Operator which qualify for such adjustments under the applicable GM Division(s), New Vehicle Warranty applicable thereto and special policy adjustments approved by applicable GM Vehicle Divisions and campaign adjustments requested by applicable GM Division(s). Such adjustments shall be performed in accordance with the provisions of the GM Fleet Service Policies and Procedures Manual and applicable GM Division service bulletins. 2. Fleet Operator shall apply for adjustments performed by Fleet Operator under this Agreement and the applicable Division will reimburse Fleet Operator for such adjustments in accordance with the applicable Division's schedule of Time Allowances set forth in Flat Rate Manuals applicable to the vehicles owned and operated by Fleet Operator, multiplied by the agreed-upon hourly labor rate for the labor portion of such adjustments and will reimburse Fleet Operator for parts used in such adjustments on the basis of the applicable Division's Dealer price therefore plus thirty percent for non - compensable parts and Dealer price for compensable parts. 3. CFSO and applicable GM Division(s) will fumish Fleet Operator without charge, with copies of Beet Service Policies and Procedures Manual, Service Manual, service bulletins and Flat Rate Manual applicable to the vehicles owned and operated by Fleet Operator. 4. CFSO representatives will visit the Authorized Fleet Warranty Service Station on a regular basis and will extend every reasonable effort to assist in the proper handling of fleet maintenance requirements in general and ofwarranty claim processing in particular. ` 5. Applicable GM Division(s) will offer general and specialized service courses from time to time to which Fleet Operator, based on the needs of Fleet Operator's service personnel, shall'send members of Fleet Operator's service organization at Fleet Operator's expense. 6_ Fleet Operator will provide a sufficient number of competent, trained service personnel at the Authorized Fleet Warranty Service Station adequate to take care of the responsibilities for warranty, special policy and campaign adjustments to be performed by Fleet Operator. rasasm 7. Fleet Operator shall perform its responsibilities for service in a good and workmanlike manner, in accordance with such recommendations, specifications and instructions relating thereto as may .be furnished Fleet Operator by Consolidated Fleet Service Operations, applicable GM Division and in compliance with all governmental requirements and regulations. 8. Fleet Operator shall provide and maintain the Authorized Fleet Warranty Service Station adequate in size and layout for service to enable Fleet Operator to fulfill its responsibilities under this Agreement. 9. Fleet Operator shall provide at the Authorized Fleet Warranty Service; Station adequate service equipment and such special tools as may be necessary to enable Fleet Operator to fulfill its responsibilities for service under this Agreement. 10. Fleet Operator will establish and maintain a vehicle maintenance program acceptable to Consolidated Fleet Service Operations including records of maintenance and warranty claims. 11. Fleet Operator will not use in the repair of applicable GM Division(s) motor vehicles any part or parts which are not in fact GM parts as defined in the Fleet Service Policies and Procedures Manual. 12. It is understood and agreed that Fleet Operator by reason of the execution of this Agreement is not granted any right to sell new GM motor vehicles or chassis, or any right to use any name or any other trademark or service mark (including the distinctive outline or form thereof) owned by GM and that this Agreement applied solely to the operation of the ' Authorized Fleet Warranty Service Station. Fleet Operator agrees not to use such name or trademark in or as a part of its trade name. 13. This Agreement shall continue in force and govern all relations of the parties hereto until terminated. Either party may terminate this Agreement upon written notice to the other party, such termination to be effective thirty days after - receipt of such notice by the other party. 14. This Agreement is not valid until and unless it bears the signature or facsimile signature of the Executive Director and is countersigned by the Manager or Assistant Manager of the North American Operations - CFSO, General Motors Corporation. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate as of the day and year first above written. North American Operations Consolidated Fleet Service Operations City of Lubbock,?General Motors Corporation eet Operat rm name) By By: 616/ ( r of firm with title) (Executive Director) WINDY SITTON, Mayor By: �ti� \� By, - (officer of firm with title) , (Manager/Asa Manager) Michael A--Woody) Wilson; 'Fleet` `Service Mgr 324 Municipal Drive,Lubbock, T% 79408 (Address) Attest (W L , 1 MYTHI DARNELL, City Secreta (If executed by a representative of Fleet Operator, title such as President, Partner, etc., must be indicated.) If Fleet Operator is a corporation, show State in which incorporated: REVISED "2 # AGREEMENT & ACKNOWLEDGMENT EXPANDING UPON AUTHORIZED FLEET WARRANTY SERVICE STATION AGREEMENT WHEREAS, Fleet Operator and North American Operations - Consolidated Fleet Service Operations (NAO - CFSO) have previously entered an Authorized Fleet Warranty Service Station Agreement which authorizes Fleet Operator to perform at the Authorized Fleet Warranty Service Station certain warranty, special policy, and campaign adjustments; and WHEREAS, Consolidated Fleet Service Operations is agreeable to now authorizing Fleet Operator to perform new vehicle receiving and pre -delivery inspection on (cirde applicable omsion(s)) Buick, Chevrolet, Cadillac, Pontiac, Oldsmobile and GMC vehicles; and WHEREAS, Fleet Operator is capable of performing such service at the Authorized Fleet Warranty Service Station on the following terms and conditions: THEREFORE, IT IS MUTUALLY AGREED: 1. The current Fleet Warranty Service Station Agreement between Fleet Operator and Consolidated Fleet Service Operations is amended to include authorization for Fleet Operator to perform new vehicle receiving and pre -delivery inspection on applicable GM Division(s) vehicles, so long as such service is authorized by CFSO and the selling Dealer. 2. Fleet Operator acknowledges receipt of the Fleet Service Policies and Procedures Manual Supplement applicable to such new vehicle receiving and pre -delivery inspection, which Manual may be modified from time to time by CFSO, and Fleet Operator agrees to perform new vehicle receiving and pre -delivery inspection in accord with the applicable Fleet Service Policies and Procedures Manual, and to apply for reimbursement for such work performed by Fleet Operator in the manner provided by CFSO or applicable GM Division(s). 3. Fleet Operator agrees to act as the legal agent of the selling Dealer in accepting delivery of new vehicles and noting and claiming any transit damage in accord with the applicable Fleet Service Policies and Procedures Manual. 4. This Agreement & Acknowledgment Expanding Upon Authorized Fleet Warranty Service Station Agreement is not valid until and unless it bears the signature or facsimile signature of the Executive Director, North American Operations - Consolidated Fleet Service Operations and is countersigned by a Manager or an Assistant Manager of Consolidated Fleet Service Operations of North American Operations, General Motors Corporation. City of Lubbock (Fleet Operator ' name) By: (Officer of firm with title) WINDY SITTON, Mayor 324 Municipal Drive, Lubbock, --'T% (Address) North American Operations - Consolidated Fleet Service Operations General Motors Corporation By:(altq UL—, (Executive Director) i By: (Manager/Asst. Manager) r7" aevlseo ava 12-1 FLEET WARRANTY LABOR `& � Ma M RATE AGREEMENT North American Operations ' Consolidated Fleet Service Operations Date: (NAO - CFSO) This will confirm our agreement with you that, in accordance with Item 2 of your Authorized Fleet Warranty Service Station Agreement and GM Fleet Service Policies and Procedures Manual, an hourly labor rate of $ , %D will be used in computing labor allowances for warranty, special policy and campaign adjustments performed in the Authorized Fleet Warranty Service Station for (circle the applicable division(s)) Buick, Chevrolet, Cadillac, Pontiac, Oldsmobile, GMC vehicles located at: 324 Municipal Drive (Address) Lubbock (City) Texas (state) 79408 (Zip Code) North American Operations - Consolidated Fleet Service Operations reserves the right to renegotiate this labor rate with such Authorized Fleet Warranty Service Station if circumstances at any time indicate that charge therein is justified. North American Operations - Consolidated Fleet Service Operations General Motors Corporation By: The foregoing is accepted and agreed to this 10th day of Michael (Woodv) Wilson (Fleet Operator) MANAGER (Tile) December ((My) 1g 98 Texas (state) By: aL-Managing Director of Management Service ( p for Authored fiepresentauve) (Title) ANNA MOSQUEDA cc: Fleet Operator osojn awn e9a