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)