14-06 - Annual Contract Standard Provisions.pdf

CITY OF LEWISVILLE

PURCHASING DIVISION

ANNUAL CONTRACT STANDARD PROVISIONS

Contractor and the City agree as follows:

1. TERM: The term of this annual Contract is twelve-months, with the option to extend for up to three (3) additional twelve-month periods, subject to the approval of the Contractor and the City Manager, or his designee.

2. TRANSITION TERM: Upon the expiration of the Initial Term or any subsequent Renewal Term, the Contractor shall continue performance under this Contract until the City has a new Contract in place with either the Contractor or another provider or until the City terminates the Contract. In no event shall this transition term exceed ninety (90) calendar days unless the City and the Contractor mutually agree otherwise in writing. The City will pay Contractor for all Services rendered in compliance with this Contract during this transition term. If Services rendered during this transition term are not, in the City’s judgment, in compliance with the requirements of this Contract, no payment will be owed.

3. DESCRIPTION - SALE OF GOODS AND SERVICES: Contractor will transfer and deliver to the City, and the City will pay for and accept the City’s requirements during this Contract. It is understood that quantities shown on the Bid Sheets are estimates and do not obligate the City to order or accept more than the City’s actual requirements during the Contract, nor do the estimates limit the City to ordering less than its actual needs during the Contract, subject to availability of appropriate funds.

4. PURCHASE ORDER: The City will exercise its right to specify time, place, and quantity to be delivered through the use of a purchase order.

5. PRICE ADJUSTMENT: All goods and services to be delivered pursuant to this Contract, including any extensions thereof, will be purchased at the prices stated on the Contractor’s Bid Sheet; provided that, at renewal or extension of the Contract for an additional twelve-months, the prices for goods and services to be delivered during the ensuing twelve-month period may be increased or decreased to the extent of changes in the cost of material to Contractor, as reflected in written documentation provided by the Contractor to the City.

The written documentation must allow the City the ability to verify all requested price adjustments.

6. ADDITIONAL SERVICES: The City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Solicitation and Contractor’s Submission or make changes by altering, adding to or deducting from said Services. No such extra work may be undertaken unless written order is first given by the City to the Contractor, incorporating therein any adjustment in the time to perform the Agreement, which said adjustment is subject to the written approval of the Contractor. It is expressly understood by the Contractor that the provisions of his section shall not apply to Services specifically set forth in the Solicitation, and Contractor’s Submission or reasonably contemplated therein.

7. TEXAS LOCAL GOVERNMENT CODE 552: The requirements of Subchapter J, Chapter 552, Government Code, may apply to this proposal and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.