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Home My WebLink AboutC2011-404 - 10/18/2011 - ApprovedSERVICE AGREEMENT XRF LEAD -BASED PAINT TESTING, CLEANING AND CLEARANCE TESTING FOR NEIGHBORHOOD SERVICES DEPARTMENT Service Agreement No. THIS LEAD -BASED PAINT TESTING SERVICE AGREEMENT (this "Agreement ") is entered into by and between _Byrdson Services, LLC dba All Points Environmental (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City "), by and through its duly authorized City Manager or designee, effective for all purposes upon execution by the City Manager or designee. WHEREAS Contractor has proposed to provide XRF LEAD -BASED PAINT TESTING, CLEANING AND CLEARANCE TESTING FOR NEIGHBORHOOD 'SERVICES DEPARTMENT in response to Request for Proposal No. 13I- 0093 -11, which is incorporated by reference; WHEREAS the City has determined Contractor to be the best value vendor; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide XRF LEAD -BASED PAINT TESTING, i CLEANING AND CLEARANCE TESTING FOR NEIGHBORHOOD SERVICES DEPARTMENT in accordance with Request for Proposal No. BI- 0093 -11, which is incorporated by reference. 2. Term. This Agreement is for one year commencing on the date signed by the last signatory hereto. The term includes an option to extend for up to two (2) additional twelve- month (12) periods subject to the approval of Contractor and the City Manager or his designee ( "City Manager "). 3. Contract Administrator. 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 - performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Housing Program Manager. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Contractor be considered r as an employee of the City. 2011 -404 10/18/11 M201.1 -225 All Points Environmental INDEXED 5. Insurance. Before activities can begin under this Agreement, Contractor's insurance company(ies) must deliver a Certificate(s) of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the certificate must state that the Contract Administrator will be given at least thirty (30) days advance notice of cancellation, material change in the coverages, or intent not to renew any of the policies by certified mail. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within fifteen (15) days of the City Manager's written request. Insurance requirements are incorporated herein in Request for Proposal No. BI- 0093 -11 which is incorporated herein as Exhibit A, and may be revised annually by the City Manager upon thirty (30) days written notice to Contractor. 6. Assignment. No assignment of this Agreement or any right or interest therein by Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each budget. S. Waiver. No waiver of any breach of any term or condition of this Agreement or Contractor's offer to Request for Proposal No. BI- 0093 -11 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and the venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas, 10. Amendments. This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. 11. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Request for Proposal No. BI- 0093 -11. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured the breach within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, City may terminate this Agreement, with or without cause, upon twenty (20) days advance written notice to Contractor. However, the City may terminate this Agreement on 24 -hours advance written notice to Contractor for failure to pay or provide proof Of payment of taxes as set out herein. 12. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. Contractor must provide proof of payment of these taxes within 30 days after City Manager's written request therefore. 13. Drug Policy. Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. * 14. Violence Policy. Contractor must adopt a Violence in the Workplace policy that substantially conforms to the City's policy. 15. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is deemed received on the day faxed or hand - delivered or on the third day after deposit in the U.S. mail via, if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Housing Program Manager P.O. BOX 9277 Corpus Christi, Texas 78469 -9277 Fax No.: (361)826 -3011 IF TO CONTRACTOR: Contractor Name: All Points Environmental Contact Person: Armando Medina, Regional Manger Address: 500 North Water Street Suite #401 City, State, Zip: Corpus Christi TX 78401 - Fax No.: 361 -883 -1511 16. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new XRF LEAD -BASED PAINT TESTING, CLEANING AND CLEARANCE TESTING FOR NEIGHBORHOOD SERVICES DEPARTMENT contract upon the expiration of this Agreement, then Contractor must continue to provide services under this Agreement, at its then- current fee under the term of this Agreement, on a month -to -month basis, until a new contract is awarded by Council. This Agreement automatically expires on the effective date of a new contract; the Contract Administrator will provide written notice of the effective date of the new contract to Contractor. 17. INDEMNIFICATION. CONTRACTOR SI14LL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY AND ITS OFFICERS, EMPLOYEES AND AGENTS ( "INDEMNITEES') FROM AND AGAINST ANY AND ALL LLABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS FEES AND EXPERT WITNESS FEES WHICHARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIB UTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OFANY OTHER PERSON OR GROUP, CONTRACTOR MUST, AT YTS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. 18. Severability. Each provision of this Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. SIGNED this 13 day of July _ , 2011. Contractor: iv ame: fames ti. Title: President Inj ol �-9��15. AUTHOKULL CITY F C HRISTI • N� 1 e 1 �.4.wuYgpsx SECRETARY 1 Michael Barrera Assistant Director of Financial Services APPROVED THIS Z-) DAY OF Sea }en.�3e� , 2011 CARLOS VALDEZ, CITY ATTORNEY By: ®riff�ez, Assistant City Attorney Incorporated by Reference: Exhibit A: Request for Proposal No. BI- 0093 -11 Exhibit B: Proposer's Proposal