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HomeMy WebLinkAboutResolution - 2012-R0279 - Contract - US Bank - Fuel Card Services - 07/12/2012Resolution No. 2012-RO279 July 12, 2012 Item No. 5.17 RESOLUTION 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 ate for and on behalf of the City of Lubbock, Contract No. 10228 for fuel card ces, by and between the City of Lubbock and U.S. Bank of Minneapolis, Minnesota, related documents. Said Contract is attached hereto and incorporated in this ution as if fully set forth herein and shall be included in the minutes of the City by the City Council on July 12, 2012 RTSON, MAYOR TTEST: Garza, City PROVED AS TO C _ r a Scott Snider, Assistant City Manager (Community Services IAPPROVF,D AS TO FORM: Weaver, Assistant City Attorney ccdocs/12ES.Contract- U S Bank e 12, 2012 Resolution leo. 2012—RO279 Addendum 2 This Addendum 2 is part of the Attachment A to Award of Contract No. CCG -RFP -2011-002 ("the RFP") for Fleet Card services between the State of Texas ("the State") and U.S. Bank National Association ND ("U.S. Bank"). STATE OF TEXAS FLEET CONTRACT POLITICAL SUBDIVISION ADDENDUM This Political Subdivision Addendum constitutes an addendum to and modification of the contract for fleet card services ("Contract"), dated April 20, 2012 between the State of Texas (the "State") and U.S. Bank National Association ND ("U.S. Bank"). This Political Subdivision Addendum shall become effective upon signing by or on the behalf of U.S. Bank ("Effective Date") and supersedes any previous and like addenda with the Political Subdivision. RECITALS A. The State has entered into the Contract for the purpose of making available a fleet card program as described in the Contract ("Card Program") for use by State Agencies and Political Subdivisions; B. The State is willing to permit Political Subdivision to participate in the Card Program provided that Political Subdivision assumes all responsibility and liability for Political Subdivision's performance of the terms and conditions of the Contract as if Political Subdivision was the entity signing the Contract as the State. The State shall not bear liability or responsibility for Political Subdivision under the Contract or this Political Subdivision Addendum; and C. Political Subdivision has been given an opportunity to obtain a copy of the Contract from the State, and desires to participate as a Political Subdivision under this Contract. Political Subdivision assumes all responsibility and liability for Political Subdivision's performance of the terms and conditions of this Political Subdivision Addendum, as well as the Contract, as if Political Subdivision was the entity signing the Contract as the State, but Political Subdivision shall not be liable for the acts and omissions of the State under the Contract or this Political Subdivision Addendum. AGREEMENT Now therefore, in consideration of the foregoing Recitals, which are incorporated herein by reference, the mutual promises and covenants set forth in the Contract, which are incorporated herein by reference, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Political Subdivision agrees as follows: I. Capitalized terms used in this Political Subdivision Addendum and not otherwise defined in this Political Subdivision Addendum are used with the same respective meanings attributed thereto in the Contract. 2. Political Subdivision agrees to accept and perform all duties, responsibilities and obligations required of the State as set forth in the Contract. Cards shall be issued to designated employees of Political Subdivision upon execution of this Political Subdivision Addendum by Political Subdivision and U.S. Bank. 3. Political Subdivision shall make payment to U.S. Bank for all Charges incurred by Political Subdivision, its Cardholders and Accountholders as provided in the Contract. "Charges" means all amounts charged to a card and/or account. 4. Political Subdivision declares that cards shall be used for official Political Subdivision purchases only, and shall not be used for individual, consumer purchases or to incur consumer debt. Political Subdivision warrants that it possesses the financial capacity to perform all of its obligations under the Contract and this Political Subdivision Addendum. 5. The representations, warranties and recitals of Political Subdivision set forth in this Political Subdivision Addendum and the Contract constitute valid, binding and enforceable agreements of Political Subdivision. The execution of this Political Subdivision Addendum and the performance of the obligations hereunder and under the Contract are within the power of Political Subdivision, have been authorized by all necessary action and do not constitute a breach of any agreement to which Political Subdivision is a party or is bound. 6. The notice address for Political Subdivision is: City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Tax ID No.: Attn: Leslie Cox, Fleet Service Director 7. Authorization and Execution. Political Subdivision represents and warrants that this transaction is within the scope of the normal course of business and does not require further authorization for the Political Subdivision to be bound by this Political Subdivision Addendum. In witness whereof, the parties have, by their authorized representatives, executed this Political Subdivision Addendum. Dated this 12thday of July , 201 2by: CITY OF LUB O -1 por;of all Or GLE BE TS - , MAYOR ATTF.9T- Scott Snider, Assistant City Manager APP OVA 70FORM: Chad Weaver, Assistant City Attorney U.S. Bank National Association ND e %J (Auth d Representative) Kelly M. Caspers, Vice President (Printed Name and Title) 200 South Sixth Street Mail Code EP-MN-L28C Minneapolis, MN 55402 (Address)