R2020-151 2020-08-24RESOLUTION NO. R2020-151
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
purchase of one (1) F-250 truck and response accessories (Rapid Response
Vehicle), from Chastang Ford, in the amount of $93,816.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That competitive pricing for the purchase of a Rapid Response Vehicle has
been obtained through an interlocal cooperative pricing arrangement with the Houston Galveston
Area Council.
Section 2. That the City Council hereby authorizes the purchase of a Rapid Response
Vehicle, in the amount of $93,816.00, from Chastang Ford.
Section 3. The City Manager or his designee is hereby authorized to execute a contract
for the purchase of a Rapid Response Vehicle.
PASSED, APPROVED and ADOPTED this the 24th day of August, A.D. 2020.
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TOM REID
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R L ROAN, TR C, CMC
CITY SECRETARY
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Bill To
Accounts Payable
P.O. Box 2719
Pearland, TX 77588-2719
accountspayable@pearlandtx.gov
Vendor Chastang Ford
Vendor No. 2718
Contact
Chastang Ford
6200 N Loop East
Houston , TX 77026
Special Instructions
Ship To
2703 Veterans Dr
PEARLAND, TX 77584
City of Pearland
Reprint Purchase Order
No. 2020-00001766
09/11/20
Deliver by
Ship Via
Freight Terms
Originator Destiny Smith
Resolution Number R2020-151
Quantity U/M Description Unit Cost Total Cost
1.0000 EACH Fire Truck - Gen Govt Fixed Asset $93,816.0000 $93,816.00
Item Description Station 8 Rapid Response Vehicle - F250
Total Due 1 $93,816.00
12. Patents: Upon acceptance of this order, Vendor agrees to protect the city from any claim involving patent right
infringements, copyrights, or sale franchises.
13. Shipping: All prices must be F.O.B. destination. No boxing or packing charges will be allowed by city unless
specifically authorized on the face of this order.
14. Risk of Loss: Risk of loss, damage, or destruction of materials covered by this order, regardless of F.O.B. point,
shall be and remain with the Vendor until the goods are delivered to the destination set out in the order and accepted
by the city or city's nominee.
15. Deliveries: Delivery shall not be made to any place other than the destination indicated on this Purchase Order,
except as subsequently stated in writing by authorized City Purchasing personnel, on a date prior to shipment by the
Vendor.
16. Cancellations: The city reserves the right to cancel purchase orders for failure on the part of the Vendor to
deliver as promised, or within a reasonable time if no delivery commitment is made, unless acceptable notification of
delay is given to the city by the Vendor.
17. Liability: Any person, firm or corporation performing services pursuant to this Purchase Order shall be liable for
all damages incurred while in performance of such services. Vendor assumes full responsibility for the work to be
performed hereunder, and hereby releases, relinquishes, and discharges the city, its officers, agents, and
employees, from all claims, demands, and causes of action of every kind and character including the cost of defense
thereof, for any injury to, including death of, any person whether that person be a third person, vendor, or an
employee of either parties hereto, and any loss of or damage to property, whether the same be that of either of the
parties hereto or of third parties, caused by or alleged to be caused by, arising out of or in connection with the
issuance of this order to vendor, whether or not said claims, demands and causes of action in whole or in part are
covered by insurance. Certificate of Insurance may be required for but not limited to Commercial General Liability,
Commercial Auto Liability, Workers Compensation, and Professional Liability Insurance.
18. Personal Interest in City Contracts: Vendor agrees to comply with the Personal Interest In City Contracts
provision of the Pearland City Charter, Section 10.07 latest amendment which states "Personal interest in city
contracts or any other actual or potential conflicts of interest shall be governed by applicable state law, including
Texas Local Government Code Chapter 171." Vendor agrees to maintain current, updated disclosure of information
on file with the City Purchasing Department as appropriate throughout the term of this contract.
19. Conflict of Interest (Chapter 176 of Texas Local Government Code): By doing business or seeking to do
business with the city, Vendor acknowledges that they understand and accept the requirements of Chapter 176 of
the Texas Local Government Code and that they are solely responsible for compliance. Vendor may register and
post their Conflict of Interest questionnaires online by visiting the Supplier Registration page located on the City of
Pearland's website, http://pearlandtx.gov/
20. Applicable Law: This Purchase Order shall be interpreted and enforced according to the provisions of the State
of Texas Law, and Vendor shall abide by, and be in compliance with, all applicable laws, statutes, ordinances, and
regulations.
21. Venue: Both parties agree that venue for any litigation arising from this contract shall lie in Pearland, Brazoria
County, Texas.
22. Arrears in Taxes: City shall be entitled to counterclaim and offset against any debt, claim, demand or account
owed by the City to any person, firm or corporation who is in arrears to the City of Pearland for taxes, in the amount
of taxes so in arrears, and no assignment or transfer of such debt, claim, demand or account after the said taxes are
due shall affect the right of the City to offset the said taxes against the same
Bill To
Accounts Payable
P.O. Box 2719
Pearland, TX 77588-2719
accountspayable@pearlandtx.gov
Vendor Chastang Ford
Vendor No. 2718
Contact
Chastang Ford
6200 N Loop East
Houston , TX 77026
Special Instructions
Ship To
2703 Veterans Dr
PEARLAND, TX 77584
City of Pearland
Reprint Purchase Order
No. 2020-00001766
09/11/20
Deliver by
Ship Via
Freight Terms
Originator Destiny Smith
Resolution Number R2020-151
Quantity U/M Description Unit Cost Total Cost
1.0000 EACH Fire Truck - Gen Govt Fixed Asset $93,816.0000 $93,816.00
Item Description Station 8 Rapid Response Vehicle - F250
Total Due I $93,816.00
Purchase Order Terms & Conditions
1. Acceptance: Acceptance of this order must be without qualifications. Buyer hereby objects to and will not be
bound by any different or additional terms and conditions contained in the acceptance unless each such different or
additional term is expressly agreed to in writing by city. Vendor's action in (a) accepting this order, (b) delivering
materials, or (c) performing services called for hereunder shall constitute an acceptance of terms and conditions
below on this order.
2. Contractual Relationship: Vendor shall perform the work described independently and not as an employee of the
city. The city has no right to supervise, direct, or control the Vendor or the Vendor's officers or employees in the
means, methods, or details of the work to be performed by Vendor. The city and Vendor agree that the work
performed is not inherently dangerous, that Vendor will perform the work in a workmanlike manner, and that Vendor
will take proper care and precautions to ensure the safety of Vendor's officers and employees.
3. Insurance: All insurance requirements applicable shall be fulfilled prior to the issuance of this Purchase Order.
Vendor is responsible for keeping required insurance current until service is complete.
4. Packing Slips or other suitable shipping documents shall accompany each shipment and shall show:
- Vendor company name and address
Name and address of the city department to which the shipment is being made
City Purchase Order number
- Descriptive information as to the items delivered, including quantity and part numbers
5. Invoices for payment shall be addressed to City of Pearland and submitted to the e-mail address reflected in the
Bill To field of this Purchase Order (preferred), and shall reference this Purchase Order number. If impracticable for
Vendor to email, hard -copy invoice may be submitted to Accounts Payable, P.O. Box 2719, Pearland, Texas 77588-
2719, and shall reference this Purchase Order number. Payment will be made within 30 days of invoice date or
satisfactory delivery of the product or service, whichever is later, provided that all other requirements as detailed in
the contract have been fulfilled.
6. Taxes: This Purchase Order, when properly executed by the city, serves as a tax exemption certificate in that the
City, as a municipality, claims an exemption from payment of taxes (under Texas Tax Code Section 151.309). These
taxes must not be included on invoice.
7. Payment: All payments to be made by the City to Vendor, including the time of payment and the payment of
interest on overdue amounts, are subject to the applicable provisions of Chapter 2251 of the Texas Government
Code.
8. Changes / Quantities: No changes may be made to this order without written authorization from a City
Purchasing representative. Exact quantities ordered should be shipped, except in instances where this is impractical
such as material in bulk, uneven lengths, etc., in which case nearest amount available and not exceeding specified
quantity is acceptable.
9. Quality Control: Goods supplied as a result of this Purchase Order shall be subject to approval as to quality and
must conform to the highest standards of manufacturing practice. Items found defective or not meeting specifications
shall be replaced at the Vendor's expense within a reasonable period of time. Payment for defective goods or goods
failing to meet specifications is not due until 30 days after satisfactory replacement has been made.
10. Warranty: Vendor shall warrant that all items or services shall conform to the proposed specifications and all
warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title.
11. Warranty — Product: Vendor shall not limit or exclude any implied warranties and any attempt to do so shall
render this contract voidable at the option of the City. Vendor warrants that the goods provided hereto will conform
to all specifications, drawings and/or descriptions of any City solicitation for bid resulting in this order
12. Patents: Upon acceptance of this order, Vendor agrees to protect the city from any claim involving patent right
infringements, copyrights, or sale franchises.
13. Shipping: All prices must be F.O.B. destination. No boxing or packing charges will be allowed by city unless
specifically authorized on the face of this order.
14. Risk of Loss: Risk of loss, damage, or destruction of materials covered by this order, regardless of F.O.B. point,
shall be and remain with the Vendor until the goods are delivered to the destination set out in the order and accepted
by the city or city's nominee.
15. Deliveries: Delivery shall not be made to any place other than the destination indicated on this Purchase Order,
except as subsequently stated in writing by authorized City Purchasing personnel, on a date prior to shipment by the
Vendor.
16. Cancellations: The city reserves the right to cancel purchase orders for failure on the part of the Vendor to
deliver as promised, or within a reasonable time if no delivery commitment is made, unless acceptable notification of
delay is given to the city by the Vendor.
17. Liability: Any person, firm or corporation performing services pursuant to this Purchase Order shall be liable for
all damages incurred while in performance of such services. Vendor assumes full responsibility for the work to be
performed hereunder, and hereby releases, relinquishes, and discharges the city, its officers, agents, and
employees, from all claims, demands, and causes of action of every kind and character including the cost of defense
thereof, for any injury to, including death of, any person whether that person be a third person, vendor, or an
employee of either parties hereto, and any loss of or damage to property, whether the same be that of either of the
parties hereto or of third parties, caused by or alleged to be caused by, arising out of or in connection with the
issuance of this order to vendor, whether or not said claims, demands and causes of action in whole or in part are
covered by insurance. Certificate of Insurance may be required for but not limited to Commercial General Liability,
Commercial Auto Liability, Workers Compensation, and Professional Liability Insurance.
18. Personal Interest in City Contracts: Vendor agrees to comply with the Personal Interest In City Contracts
provision of the Pearland City Charter, Section 10.07 latest amendment which states "Personal interest in city
contracts or any other actual or potential conflicts of interest shall be governed by applicable state law, including
Texas Local Government Code Chapter 171." Vendor agrees to maintain current, updated disclosure of information
on file with the City Purchasing Department as appropriate throughout the term of this contract.
19. Conflict of Interest (Chapter 176 of Texas Local Government Code): By doing business or seeking to do
business with the city, Vendor acknowledges that they understand and accept the requirements of Chapter 176 of
the Texas Local Government Code and that they are solely responsible for compliance. Vendor may register and
post their Conflict of Interest questionnaires online by visiting the Supplier Registration page located on the City of
Pearland's website, http://pearlandtx.gov/
20. Applicable Law: This Purchase Order shall be interpreted and enforced according to the provisions of the State
of Texas Law, and Vendor shall abide by, and be in compliance with, all applicable laws, statutes, ordinances, and
regulations.
21. Venue: Both parties agree that venue for any litigation arising from this contract shall lie in Pearland, Brazoria
County, Texas.
22. Arrears in Taxes: City shall be entitled to counterclaim and offset against any debt, claim, demand or account
owed by the City to any person, firm or corporation who is in arrears to the City of Pearland for taxes, in the amount
of taxes so in arrears, and no assignment or transfer of such debt, claim, demand or account after the said taxes are
due shall affect the right of the City to offset the said taxes against the same