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R-00-05-11-14C2 - 5/11/2000CITY OF ROUND ROCK ANNUAL SERVICE AGREEMENT FOR VEHICLE MAINTENANCE THIS AGREEMENT, is made and entered into this I ( of / e l v ;'by and between the City of Round Rock, a Texas home -rule municipal corporatio , whose offices are located at 221 East Main Street, Round Rock, Texas 78664 -5299, herein after referred to as "City" and Kwik Kar of Round Rock, hereinafter referred to as "Vendor ", and City and Vendor are collectively referred to as the "parties ". RECITALS: 1.0 CONTRACT DOCUMENTS AND EXHIBITS R- oo- o5 -i1 -1i I Page 1 of 6 WHEREAS, the City desires to contract with the Vendor to provide the City of Round Rock with vehicle maintenance "while- you -wait or same day" service. The City will be responsible for delivering vehicles for maintenance and for vehicle pickup when maintenance is complete. WHEREAS, the Invitation for Bid to provide the City with vehicle maintenance was previously issued for said maintenance and the City has selected the bid submitted by the Vendor; and WHEREAS, the parties hereby desire to enter into this Agreement to set forth, in writing, their respective rights, duties and obligations hereunder; NOW, THEREFORE, WITNESSETH, that for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: The City of Round Rock selected Vendor as the integrator of choice to perform minor vehicle maintenance as outlined in IFB Number 00 -009 and response to IFB submitted by Vendor (Exhibit A). The intent of these documents is to formulate an Agreement listing the responsibilities of both parties as outlined in the IFB and as offered by Vendor in their response to the IFB. . The items that are the subject matter of this Agreement are further described in Exhibit A, and together with this Agreement comprise the Agreement, and they are fully a part of this Agreement as if herein repeated in full. ANNUAL SERVICE AGREEMENT FOR VEHICLE MAINTENANCE DATED: MAY 22, 2000 2.0 COSTS: The following shall be the costs for providing the maintenance described in the bid specification shall be as follows: 2.1 Vehicles holding 5 quarts of oil and under $22.99 2.2 Vehicles holding 6 quarts of oil and under $25.99 2.3 Vehicles holding 7 quarts of oil and under $27.99 2.4 Vehicles holding 13 quarts of oil and under $53.99 3.0 RECEIPTS: Vendor shall provide an itemized service order for each vehicle serviced, upon the City's pickup of that vehicle. 3.1 Service order shall detail the work performed on each vehicle. 3.2 Service order shall list the license plate number and equipment number of the serviced vehicle. 4.0 INVOICES: All invoices shall be itemized and include, not be limited to the following information: 3.1 Name and address of Vendor 3.2 Purchase Order Number 3.3 Itemized description of work performed 3.4 Pickup date 4.0 VEHICLES TO BE SERVICED Types of vehicles to be serviced are stated on referenced attachment A. Due to the occasional transfer, purchase and deletion of vehicles, the list of vehicles will be subject change. The City may delete vehicles and substitute similar vehicles for the exact price, terms and conditions as the categories bid. 5.0 PRICE ADJUSTMENT The City may permit "unit price" adjustments upward, only as a result of a cost increase imposed by manufacturing in accordance with the Producers Price Index. Any price adjustment shall affect all vendors selling the manufacturers product. Any price increase shall be requested by the Vendor in writing and accompanied with documentation to justify the increase. The Vendor may offer price discounts at any time. The City reserves the sole option to reject any price increase and terminate this contract should the City and the Vendor not agree on any price increase. Page 2 of 6 ANNUAL SERVICE AGREEMENT FOR VEHICLE MAINTENANCE DATED: MAY 22, 2000 6.0 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within 30 days of the day on which the City receives the supplies, materials, equipment, or within 30 days of the day on which the performance of services was complete, or within 30 days of the day on which the City receives a correct invoice for the supplies, materials, equipment, or services, whichever is later. Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy, however, this policy does not apply to payments made by the City in the event: 5.1 there is a bona fide dispute between the City and Vendor concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or 5.2 the terms of a Federal contract, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 5.3 there is a bona fide dispute between Vendor and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or 5.4 the invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order, or this Agreement or other such contractual agreement. 6.0 DURATION OF AGREEMENT The term of this agreement shall be for a period of time of twelve months from the date of award. Prices shall be firm for the first year of the agreement, except as provided for hereinabove . This agreement may be renewed for an additional period of time not to exceed the original service period, provided both parties agree to do so prior to the expiration date of the agreement. Contract extension shall be for the original price, terms and conditions plus any approved changes. The City reserves the right to review the Contractor's performance at the end of each twelve- month period and cancel all or part of the contract or continue the contract through the next period. 7.0 TERMINATION OF THIS AGREEMENT The City may terminate this agreement for any reason by giving Vendor thirty (30) days written notice. Upon delivery of such notice by the City to Vendor, the Vendor shall discontinue all deliveries of commodities in connection with the performance of this Page 3 of 6 ANNUAL SERVICE AGREEMENT FOR VEHICLE MAINTENANCE DATED: MAY 22, 2000 agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this agreement. Within thirty (30) days after receipt of notice of termination, the Vendor shall submit a statement, showing in detail the satisfactorily performed under this agreement to the date of termination. The City will then pay the Vendor that portion of the prescribed charges. 8.0 ORDERS PLACED WITH ALTERNATE VENDORS: If the Vendor cannot provide the service as specified, the City reserves the option to obtain the service from another source. 9.0 TAXES: The City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in charges. 10.0 ASSIGNMENT Vendor's rights and duties awarded by this agreement may not be assigned to another without written consent of the City and signed by the City's authorized agent. Such consent shall not relieve the assignor of the liability in the event of default by the assignee. 11.0 GRATUITIES/BRIBES The City may, by written notice to Vendor, cancel this contract without liability to Vendor if it is determined by the City that gratuities or bribes in the form of entertainment, gifts, or otherwise, were offered or given by Vendor, or its agent or representative to any City officer, employee or elected representative with respect to the performance of this agreement. In addition, Vendor may be subject to penalties stated in Title 8 of the Texas Penal Code. 12.0 INDEMNIFICATION Vendor agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees for injury to any person, or for damages to any property, arising out of or in connection with any act or omission, negligence, willful misconduct in the performance of this Agreement done by Vendor, its officers, agents, employees, or subcontractors under this Agreement, without regard to whether such persons are under the direction of City agents or employees. 13.0 INSURANCE Vendor shall meet the requirements as stated in the attached Invitation To Bid No. 00 -006 and their bid response. Page 4 of 6 Page 5 of 6 ANNUAL SERVICE AGREEMENT FOR VEHICLE MAINTENANCE DATED: MAY 22, 2000 14.0 APPLICABLE LAW This agreement shall be governed b the laws of the State of Texas. No rights, remedies, and warranties available to the City under this areement or by operation of law are waived or modified unless expressly waived or modified by the City in writing. 15.0 NON - APPROPRIATION This Agreement is a commitment of the City's current revenues only. It is understood and agreed the City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase quantities as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving Vendor a written notice of termination of its then current fiscal year. 16.0 RIGHT TO ASSURANCE Whenever one party to this agreement in good faith has reason to question the other party's intent to perform, the questioning party may demand that the other party give written assurance of their intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 17.0 MULTIPLE COUNTERPARTS This agreement may be executed in multiple counterparts, any one of which shall be considered an original of this instrument, all of which, when taken together shall constitute one and the same instrument. 18.0 NOTICES: For the purposes of this Agreement, notices to the City shall be to: City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 -5299 With a copy to: Stephan L. Sheets, City Attorney City of Round Rock 309 East Main Street Round Rock, Texas 78664 Notice to Vendor shall be to: Kwik Kar of Round Rock 406 West Austin Avenue Round Rock, TX 78664 Notices will be effective upon delivery at the above addresses until the parties notify each other, in writing, of a change in address. IN WITNESS WHEREOF the parties to these presents have executed this Agreement on the / ! U day of 120(.L , , �© CITY OF ROUND ROCK KWIK KAR OF ROUND ROCK City of Round Rock Attes By: JOANNE 4=d B, City Secretary City of Round Rock etfelsr,QE TA;er7N57., f 667 Page 6 of 6 By: Name: /PB /A D . 14/ ,e Title: p[✓ N e2 Attest: ANNUAL SERVICE AGREEMENT FOR VEHICLE MAINTENANCE DATED: MAY 22, 2000 By: Name: ,C., ?,,t.),4- 7 14 9,4414.40A Title: j e ' RESOLUTION NO. R- 00- 05- 11 -14C2 WHEREAS, the City of Round Rock has duly advertised for bids for the preventative maintenance of city - owned vehicles, and WHEREAS, Kwik Kar of Round Rock has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Kwik Kar of Round Rock, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Kwik Kar of Round Rock, for the preventative maintenance of city -owned vehicles. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 11th day of May, 2000. M4h ROBERT A. STLUKA, JR., Mayor City of Round Rock, Texas City Secretary H f 57 /NE T /N A 5S 7 %:\ WPDOCS \RESOLDTI \RGOS11C2.WPD /SC THE CITY OF ROUND ROCK BIDS PUBLIC WORKS DEPARTMENT 2008 Enterprise Dr. Round Rock, Texas. 78664 (512) 218 -5555 BID TABULATION EXTENDED AND CHECKED BY : Todd Keltgen DATE :4 -11-00 SHEET 1 OF 1 CONTRACT : Vehicle Maintenance (Oil and Lube) BIDDERS LOCATION : CITY HALL Kwik Kar Bid Bond? Bid Bond? Bid Bond? DATE: ITEM UNIT APPROX QTY. UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 1. Vehicle w/5 qts.and under each 204 $22.99 $4,689.96 $0.00 $0.00 2. Vehicle w/6 qts.and under each 180 $25.99 $4,678.20 $0.00 $0.00 3. Vehicle w/7 qts.and under each 12 $27.99 $335.88 $0.00 $0.00 4. Heavy Duty Trucks each 40 $53.99 $2,159.60 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL: $11,863.64 $0.00 $0.00 -, J? DATE: May 5, 2000 SUBJECT: City Council Meeting — May 11, 2000 ITEM: 14.C.2. Consider a resolution authorizing the Mayor to execute a contract with Kwik Kar of Round Rock for the outsourcing of vehicle maintenance. This contract is to outsource the Preventive Maintenance oil changes of our City vehicles in accordance with specification No. 00- 928 -47. Staff Resource Person: Jim Nuse, Public Works Director.