HomeMy WebLinkAboutRES 96-50 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
194.
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.
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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.
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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.
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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.
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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:
RESOLUTION NO.
WHEREAS, the City has contracted with First Interstate Bank as a depository for
investment purposes; and,
WHEREAS, First Interstate Bank wishes to release the following security being held
at Texas Commerce Bank Bank, Houston, effective February 20, 1996:
Security Par Value
U. S. Treasury Note, 7.625% $5,000,000
CUSIP #9128271327, Due 05/31/96
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT First Interstate Bank be permitted to release the above security and a certified copy
of this resolution shall constitute the approval of such release as evidence of the authority
of said bank to make said release.
PASSED BY THE CITY COUNCIL of the City of Beaumont this they day of
V-��f� �. 1996.
- Mayor -
Pro Tem