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HomeMy WebLinkAboutRES 96-49 L�. RESOLUTION NO. - BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an annual contract with Beaumont Product and Services, Inc. for furnishing litter removal services on arterial street rights-of-way and other specified areas. The agreement is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 199 ayor - Pro Tem STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT FOR FURNISHING LITTER REMOVAL SERVICE FOR CITY RIGHT-OF-WAYS AND SPECIFIED AREAS THIS AGREEMENT, is made and entered into by and between the CITY of BEAUMONT, Texas, a municipal corporation, hereinafter referred to as "City", and BEAUMONT PRODUCTS AND SERVICES, INC., a private not-for-profit state certified workshop and a Texas corporation, hereinafter referred to as "Contractor". Therefore, City and Contractor agree as follows: WITNESSETH 1.0 It is the intent of the City of Beaumont to contract with a private not-for-profit state certified workshop as provided by the state of Texas for furnishing litter removal services on City right-of-ways and other areas as may be determined. 2.0 This Agreement shall be in effect for a period of one year beginning March 1, 1996. At the end of one (1) year the City may renew this Agreement for a period of one (1) additional year. Any terms and conditions stated in the original specifications will apply to any extended periods. Approval on behalf of the City to renew this Agreement shall be made by the City Manager or his designee. 3.0 The Contractor shall furnish all labor, supervision, equipment, supplies and transportation necessary to provide for the pickup and proper disposal of litter or debris discarded onto the City right-of-ways and other areas as may be determined by the City. 4.0 "Litter" or "debris" shall be defined as trash, garbage, fragments, remains, ruins, rubble or loose materials of any nature which have been discarded or which may detract from the appearance and safety of the area. 5.0 All litter accumulated by the Contractor shall be placed in litter bags and disposed of by Contractor. All supplies and equipment needed shall be furnished by the Contractor. All vehicles used in transporting litter must be equipped to prevent litter from being deposited on the street right-of-way during transport to disposal sites. 6.0 The Contractor shall not be required to remove dead animals or objects weighing more than sixty (60) pounds. However, the Contractor shall notify the designated official of the location of these items. 1 EXHIBIT "A" 7.0 The Contractor shall provide a crew consisting of one (1) supervisor and four (4) crew members for approximately eight (8) hours per day. At the sole discretion of the City, it may require additional crew members to be provided. If the Contractor is unable to provide the required number of crew members, the City shall be notified in advance and the City may cancel the days scheduled to be worked by the reduced crew. No payment shall be made for days canceled by the City. Contractor shall also provide all transportation required. 8.0 Litter removal shall be performed five (5) days per week, Monday through Friday, except rain days and City holidays. Additional days may be provided with the written approval of the Designated Official. Normal working hours shall be 7:30 a.m. to 4:00 p.m. The City shall have full right of inspection of any facilities, areas, or equipment. Such inspections may be related to, but not limited to, verification of work or conditions, safety, damages, or operational interests. 9.0 On a weekly basis, the Contractor shall meet with the designated official to define program objectives and schedule litter removal services. The Contractor shall follow the litter removal schedule as defined by the designated official. The Contractor shall contact the designated official on a daily basis to report work status. Once work has been assigned, the Contractor shall proceed in an expeditious manner until all work is satisfactorily completed. 10.0 Each employee shall wear brightly colored safety vests while on City rights-of-way. It shall be the responsibility of the Contractor to ensure the safety of its employees and citizens while in the performance of this Agreement. 11.0 City holidays shall be defined as follows: Labor Day Thanksgiving Day Day after Thanksgiving Christmas Day New Year's Day Martin Luther King's Birthday Good Friday Memorial Day Independence Day 12.0 The Contractor shall comply with all City of Beaumont Minority Business Enterprise (MBE) requirements, if appropriate, as indicated in the Minority Business Utilization Commitment Policy for contractual services. 13.0 The City shall have the right but not the duty to inspect, audit, copy and examine all books and records of the Contractor pertaining to its performance of services and obligations to the City under this Agreement. 2- 14.0 The Contractor may not assign any portion of this Agreement to another party or parties without written approval of the City Manager or his designee of such sale or assignment. The City may require any records or financial statements necessary in its opinion to ensure such sale or assignment will be in the best interest of the City. 15.0 This Agreement shall constitute the entire understanding of the parties hereto with respect to the subject matter hereof, and no amendment, modification, or alteration of the terms shall be binding unless the same be in writing, dated subsequent to the date hereof, and duly executed by the parties hereto. 16.0 The Contractor agrees to indemnify and save harmless the City of Beaumont and its officers, agents and employees from any and all claims, causes or action, and damages of every kind, for injury to or death of any person and damages to property arising out of or in connection with the work done by Contractor under this Agreement, and including acts or omissions of the City of Beaumont or its officers, agents or employees in connection with said Agreement. 17.0 The Contractor shall at all times during the Agreement maintain in full force and effect insurance as provided in Attachment "A". A certificate of insurance, or a copy of the insurance policies shall be furnished to the City prior to the commencement of work by the Contractor and shall provide that the City shall receive thirty days prior written notice before any change or cancellation of any policy. All of the insurance costs shall be borne by the Contractor. Should any insurance required by the Agreement lapse, the Contractor shall immediately cease all operations as of the time and date of such lapse and shall not resume any operations until authorized in writing by the City. If the lapse period extends fifteen days, the Agreement shall automatically terminate and the Contractor shall be in breach of this Agreement. Should the City of Beaumont receive notices of insurance cancellation three (3) or more times within any twelve (12) month period, the City may cancel this Agreement. 18.0 The City, besides all other rights or remedies it may have, shall have the right to terminate this Agreement upon thirty (30) days written notice from the City Manager or his designee of its election to do so. Said termination shall be at the sole discretion of the City Manager or his designee. 19.0 The City, besides all other rights or remedies it may have, shall have the right to terminate this Agreement upon five (5) days written notice in writing if the Contractor fails to perform the scope of work as herein provided. The decision to terminate shall be at the sole discretion of the City Manager or his designee. a 20.0 The City agrees to pay the Contractor upon receipt of monthly invoices for services performed satisfactorily and reports as required herein. Such payment shall be made within thirty (30) days of receipt of invoice. The City shall have the right to refuse payment for work not satisfactorily completed. 20.1 On a weekly basis, the Contractor shall provide the following reports: 20.1.1 An accurate record of the linear miles worked and the amount of litter removed. The unit of measurement for litter shall be the number of bags and the number of cubic yards collected. 20.1.2 An accurate listing detailing the number of crew members, their names, days worked, and number of hours each worked each day. 21.0 The City shall pay the Contractor at a rate of Eleven Dollars ($11.00) per hour per person. Payment will be made for crew member hours actually worked. This payment shall be full compensation for all work performed, equipment, materials, transportation, and incidentals necessary to complete the work as well as disposal of the litter. 22.0 Deductions from payments by the City to the Contractor may include items specified herein, including taxes, costs for damages by the Contractor, or other amounts which may be owed by the Contractor to the City. Such deductions shall not be cause for the Contractor to cease or partially cease operations or activities required by this Agreement. 23.0 The relationship of the Contractor to the City shall be that of an independent contractor, and no principal-agent or employer-employee relationship is created by this Agreement. By entering into this Agreement, the Contractor acknowledges that it will, in the performance of its duties under this Agreement be acting as an independent contractor and that no officer, agent or employee of the Contractor will be for any purpose an employee of the City of Beaumont and that no officer, agent or employee of the Contractor is entitled to any of the benefits and privileges of a City employee or officer under any provision of the statutes of the State of Texas or the Charter and ordinances of the City of Beaumont. 24.0 NO PERSON has the authority to verbally alter these terms and conditions. Any changes must be approved in writing by both parties. 4 25.0 Any notice which City or Contractor may require or may desire to give to the other shall be in writing and shall be sent by registered or certified mail to the following respective addresses: City: City of Beaumont P. 0. Box 3827 801 Main Street Beaumont, TX 77704 Contractor: Beaumont Products and Services, Inc. 1305 Washington Blvd. Beaumont, TX 77705 All notices shall be deemed given on the date so delivered. Either party hereto may change the above address by sending written notice of such change to the other in the manner so provided herein. IN WITNESS WHEREOF, City and Contractor have executed or caused to be executed by their duly authorized officers or agents this Agreement as of the day and year written below. CITY OF BEAUMONT: By: Ray A. Riley, City Manager Date: BEAUMONT PRODUCTS AND SERVICE, INC.: By: Bill Sterling, President Date: