3-04 - Annual Contract Standard Provisions.pdf
PDF 105 KB Posted
- Attached to
- Annual Contract for Emergency Road Flares
- Solicitation number
- 26-39-A
- Issued by
- Denton County, Little Cypress CDP, Texas
About this file
This is a standard annual contract provisions document from the City of Lewisville Purchasing Division governing the terms and conditions of an annual contract for Emergency Road Flares. The contract establishes a twelve-month initial term with the option to extend for up to three additional twelve-month periods, contingent upon mutual agreement between the City and the contractor. The City will issue purchase orders to specify the time, place, and quantity of deliveries needed, with the understanding that quantities shown on bid sheets are estimates and do not obligate the City to order more than its actual requirements, nor do they limit the City from ordering less than needed subject to fund availability. The contract grants the City the right to order extra work or make changes to services through written authorization, with corresponding adjustments to performance timelines subject to written contractor approval.
Pricing for goods and services will be based on the contractor's submitted bid sheet prices and will remain fixed throughout the initial contract term and any extensions. At the time of renewal or extension for additional twelve-month periods, prices may be adjusted only to the extent that material costs to the contractor have changed, with the contractor required to provide written documentation allowing the City to verify all requested price adjustments. The contract is subject to the requirements of Texas Local Government Code Chapter 552, Subchapter J, and may be terminated if the contractor knowingly or intentionally fails to comply with those requirements. Upon contract expiration, the contractor shall continue performance for up to ninety calendar days during a transition period unless the parties mutually agree otherwise in writing, with payment issued only for services determined compliant with contract requirements.
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Text version
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.
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