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Home My WebLink AboutC2008-100 - 2/26/2008 - Approved Supply Agreement No.. BADS-OU T~I~ P~LII~~ RE~~It~ ALL~ATII~N TUD~ C~I~T~ACT this "Agreement"} is entered rota by and between Etico Solutions, ~~nc. the "Dntra~t4~"} and the City of corpus Christi, ~ Texas hone-rule Municipal corporation the'City"} effective for all purposes upon execution by the City ll~anager. wHE~EAS Contractor has proposed to provide a P~LIE RE~UR~~ ,~LLI~~ATI~N STUD in response to bequest for Proposal No. BI~Q4~9~oS, which is incorporated by reference and attached hereto as Exhibit A; w~IEREA the pity has deterntined ontractar to be the Most advantageous proposer; NOS, T~EREI~ ~E, Contractor and City enter into this A.greernnt and agree as follows; 1. ei~vices~ Con~cactar will provide a P~LI~ SI~UI~E ALL~ATI~N STUD'S in accordance with ~tequest far Proposal No. BI-ooG~~08, which is incorporated by reference and attached hereto a Exhibit A. 2. fee for Services. The City agrees to pay the Contractor a total sum of 9o a~~.aa for the PI~LI~ 1~L~~E ALL~I~ATI~~ TUII~ pravi~ed ~n accordance with bequest far Proposal Ida. DI~o0-oS. Terrn~ 'his Agreement is far twelve-months camn~encing on the date signed by the final signatory to this contract. contract A~~ministrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this ,Agreement including deductions for, non~performarice and authorizations far payment. Ail of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the thief of Police. Iudepe~dent oat~racto~r~ Contractor will perform the services hereunder as an independent can~ra~ctor and will furnish such services in its awn n~anrier and method, and under iao circumstances or conditions may any agent, servant ar employee of Contractor be cans~dered as an eriaplayee of the City, Insurances Before activities can begin under this Agreement, Contractor's insurance canapany~~es} must deliver a erbi~~cate of Insurance, as proof of the required insurance coverages to the Contract Adnainistratar. Additionally, the Certificate must state that the I~o>~tract Admiurstrator will be given at least 3a days notice of cancellation, material change ~n the ca~erages, or intent not to renew any of the policies by certified basil. The City must be reamed as an Additional Insured, The City Attorney surance policies within l5 days of the City IVlanaer's written request. 20oS~111~ , ~ . call b the shed and incarpQrated as Exhibit B, and may be revised inn y ~ O~IZGII~S . ten notice to Contractor. 1VI21~oS-~5 Etica Solutions, Inc. Assl n~lent. iVo asl ent this r~eiYlerit or an ri ht or intexest thereln by Contractor ~s ~ ~ ~ ~ effective unzess the City first gives itS written consent to such assignment, The perforrr~ance of this Agreement by Contractor is of the essence of this A.greernent and the City's right to withhold consent to Such asslgnment 1S within ~ sole dlscretlan ~f the Clty an any ground whatsoever. S. ~"iscai Yoar, All parties recognize that the cant~nuatian of any contract offer the close of any fiscal ear of the Ci , wl,~ch fiscal year ends on July 3 ~ annually, is subject to appropriations and budget, approval providing for such contract stem as an expenditure in fat budget, The City does nvt represent that the budget item will be actually adopted, that determination ~s within the sole discretion of e rty Council at the time of adoption of each budget. waiver. No waver of any breach of any term ar condition of this Agreement or Contractor's bid offer to Request for Proposal No. ~I-ood~~oS waives any subsequent breach of the same. I~. ~otn~liance with ~a~vs. This Agreement is subject to all Federal laws and laws of the Mate of Texas. The applicable law far any legal disputes arising out of this Agreement is the law of Texas and the venue for such disputes is the appropriate district, county, ar justice court in and far ~lueces County, Texas. Furthermore, section 2,7 of Request far Proposal Bf -Oa~9'DS is hereby revised to read: "The laws of the state of Texas will govern any Contract resulting herefra~n. The applicable iaw far legal disputes arising out afthe Contract resulting herefram shall be the la~+ of the Mate ofTexas", l 1. ubcontraetors. Contractor ~iay use subcontractors in connection with the work performed under this ~ reement. when using subcontractors, however, Contracta~r must obtain prior written approval from the contract Administrator. In using subcontractors, Contractor is responsible far all their accts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor, All requirements set Earth as paart of this Agreement are applicable to all subcontract~r~ and their employees to the same extent as if the Contractor and its employees had performed tfre services. l2. Amendments. This Agreement may be amended only by written agreement signed by duly authorized representatives afthe parties hereto. 13. T~rlriindtion, The City IVlanager, or his designee, may terminate this Agreerrient far Contractor's failure to perform the services specified in Request for Proposai No. BY~oob9-o8. Failure to beep all insurance policies in force for the enure term of this Agreement ~s grounds for termination, The Contract Administrator must give Contractor 5 wark~days written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, doe City Manager, ar his designee, may terminate this Agreement immediately thereafter, Alternatively, City may terminate this Agreement, with or without cause, upon 2a days written notice to Contractor. I~owever, City nay terinate this Agreerrient on 24-hours written notice to Contractor for failure to pay or provide proof of payment of taxes as set out herein. 14. Faxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, uneinployrnent taxes, and all other related taxes according to Circular E Employer's Tax wide, publication 1 a it may be amended. Caiatractor must provide proof of payment of these taxes v~ithin 3~ days after City Manager's written request therefore, Failure to pay or provide prevf of payment is grounds for the City Manager to inarnedrately terminate this Agreement. l5. Dru Polio . contractor must ado t a Dru Free ~Vorl~place and drug testing policy that g Y p g substantially conforms to the pity's policy. The City has azero-tolerance drug policy, 1 '~'iolene Policy. contractor rr~ust adopt a violence in the 'orl~place and related hiring policy that substantially conforms to the pity's policy, The pity has zero-tolerance violence policy. ~ 7, ~atice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is deemed received on the day faxed or hand~deliverd ar on the third day after deposit, if sent certified mail. Notice shall be gent as fallo~s: IF TO CITY; pity of corpus ~hriati Attention: Procurement general Services Supervisor P,O. Box 9277 corpus hristt, Texas 7849-9277 Fax N~.. ~ 1- 823 174 IF T~ ~~NTI~ATO~: Contractor Name: Etico ~alutions Inc. contact Person: Timoth 3, Freesrne er Address: 524 ashin an street ~ , State, ~i : Nlacon~b II1 X1455 Fax Na. ; 217~~41 ~32~g 18. IVlo~ntlr~to-Montle ~xfeusian. ~ the Contxactor has not eon~pleted the PI~LIC~ RE~IJIt~~ ALL-I~A'I~IIa~ TUII~ upon the expiration of this Agreement, then Contractor must continue to pro~ride servzces under this Agreement, at its current fee, on a month-to-month basis until the PI~LIE ~tE ALLI~A~"I~N STUDY is completed as described in Request f~rr Proposal Na, BI~1111G9-lil~ This Agreement automatically expires once the PI~LII~E R~DURE ALL~ATIIIN 'IU~Y has been provrded to the arty xn hardeapy and presented to Crty Counc1l as described in Request for Proposal i~o. BI-~O9-OS. 19. ever~bility, Each provision of the Agreement shall be considered to be severable and, if, far ar~y reason, arty such pro~tision or any part thereof, is determined to be invalid and contrary to any existing or future applicable 1a~v, such invalidity shall not impair the operation of or affect those portions of this Agreement that arc valid, but this Agreement shall be construed ar~d enforced in all respects as if the invalid or unenforceable provision ar part thereof had been omitted, '~~V~'1RA ~'O.R A FREES TD ,~~Y~E~IN~'F~, ~DL~ ~A R~LESS ADD DEED '~'T~' '~RP~TS ~'~R~TST,~ ADD ~~S 0~'.E.~ERS, E~PL~YEES A~.~ ACTS ~I~E~t~~TEES) ERA A~~ AA~S~ AMY ALL LL4B~LI~'~', LASS, 'LA~~iS, ~EA~YDS, SUi~S A2~D ASSES 0~' AC'~'~O~Y ~.F A~~ ~VA~'~IRE AC''~U'~' ~F ~D.EA~~, PERSD~VAL ~,~~'R~ES, RE~EET~ LDSS ~A~IA~E OR AMY ~~~E~ ~D AAA E, ~C'L U~I~ ALL El~iPE~YSES L1'~~A 7'10, D~TR C'~S~'S, AT7'~R~YE~'S' FEES A~~ EXPEET W1~ESS FEES WE'.~C~AR1SE OE ARE 'LAED A,RISE ~0~ ~F 1~V' C'q~Y~VECT1~ ~YITH ~17~5 ~,7'RA DR 111E ER~'0,!A C'E T,~#~S ~"ONTRA .~E~ARDLL~SS DE WI~E~"E'ER ~'~.E 1'JUR7ES, DEATH OR ~A~IAOES ARE A~ISED OR ARE C'LA 7~VIE~ BE OA ~TSED B Y TAE CO~IR~E~V~' OR ~TR,~B ~IT~O ~YEOL7CEC'E I~DE~V~~'1~77'EES, RAT ~ ~VO~' E Y 7'.~T.E SOLE EOL~E"E I~DE~117'EES U~V1~D Hr~T~' 7`.~E EAUL~ OE A~V~ OTIfER PERSON ~ OROP. CON~'RAC'TE FIST", A~' QW~' E,~E~YSE, T 1` ri~J ~G ~L~ ~Lfil ~ ~ ~L' ~~~.7 j ~ ~ ~I .G~ l ~ l ~ri~~ ~ ~ V~r ~~~~11 ~~i?)~~l~~~~~! l~~ ~GG~ ~ L,. l f ¦rJ ~~~~.~J ~~~~iLG ~l ~ C~ iI V!+¦~'~ ?3 ! !il lr+! ~ ~r~ ~~~~i! ~!i~i7 ELI ~ L~~V~~ ~,[T ~ L l ~N iri ~ ~1 T~ ~~L ~~~~i~ L.+~l ~ L`i1~.~~~G~ ~F ~~YY ~~~D ~1R~,~~~V ~'0 A~V'Y 0~ ,~`A~D ~IA~I~~~'Y, DA4 ~U~S', '~A~111,5, D~~IA~~S OR A CT.~~~~', T~'~ I~V~E~IIVIF~'~4 D~LIGA T~T~.~YS 0~' 'B'RA ~'TD~ ~I~YDE~ . ~'H~S S',EC'2"~0 ~ 0 S'1L~ ~ SCR V~i~~ TIER E~.~RAT'1~ ~R SOAR T~R~I~~YA TIO~ D~' THIS' A REE~R~`. SIGNED this day of , ~a. ~ontractax: Etico a~utions ~r~e. ig~ature Name: Tir~oth J. rees~e er Title: Pxe~ide~nt CITY M~c~ ra ~ to As~ta~t Director of inanc~a~ Services AFFR~~ED AS TD ~DRM: TINS DAY DF ,r~~ o , MARY FISHER, QTY ATTORNEY ~ • ~ ' ~ A~sitar~f City Attorney ~ i It~corpor~te by Reference: Exhibit A: Request for Praposa~ No, BI-aa69'aS ~~1~~DR1~~~~ Exhibit B: I~u~aa~ce Requirerr~ents U~~;i~ , ~ rM/A#R ~f aaI/i4f/try