HomeMy WebLinkAboutC2012-154 - 5/15/2012 - ApprovedSTREET SWEEPING SERVICE AGREEMENT
Service Agreement No. SAl2 -069
THIS Street Sweeping Service Agreement (this "Agreement ") is entered into by and between
Coastal Maintenance Concepts, LLC/Deluxe Finance Inc. (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 ( "City Manager'), effective for all purposes upon execution by the City Manager.
WHEREAS Contractor has proposed to provide Street Sweeping Services in response to Bid
Invitation No. BI- 0086 -12 (which includes Specification 1245, dated 11 /14 /11) which is incorporated
and attached as Exhibit A;
WHEREAS the City has determined Contractor to be the lowest responsible bidder;
NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows:
1. Services. Contractor will provide Street Sweeping Services in accordance with Bid
Invitation No. BI- 0086 -12 (which includes Specification 1245, dated 11/14/11).
2. Term. This Agreement is for twenty -four (24) months commencing on 5/21/2412 and
continuing through 5/20/2014 The term includes an option to extend for up to two additional twelve-
month periods subject to the approval of the Contractor and the 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 the Contractor's notices or
communications regarding this Agreement must be directed to the Contract Administrator, who is the
Storm Water Contract Administrator.
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 the Contractor be considered an
employee of the City.
5. Insurance. Before activities can begin under this Agreement, the Contractor's
insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance
coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must
state that the Storm Water Contract Administrator will be given at least thirty (30) days' notice, by
certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies.
The City must be named as an Additional Insured. The City Attorney must be given copies of all
insurance policies within 15 days of the City Manager's written request.
2012 -154
M2012 -085
5/15/12
Coastal Maintenance Concepts LLC
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INDEXED
6. Assignment. No assignment of this Agreement or any right or interest therein by the
Contractor is effective unless the City first gives its written consent to such assignment. The performance
of this Agreement by the 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 on any ground whatsoever.
7. Fiscal Year. All parties recognize that the continuation of any contract after the close of
any fiscal year of the City (the City's fiscal year ends on July 31 is subject to appropriations and budget
approval providing for covering such contract item as an expenditure in said budget. The City does not
represent that said 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.
8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid
Invitation No. BI- 0086 -12 (which includes Specification 1245, dated 11/14 /11), or the Contractor's bid
offer to Bid Invitation No. BI- 0086 -12 waives any subsequent breach of the same.
9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local
laws. 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 such form and venue for such
disputes is the appropriate district, county or justice court in and for Nueces County, Texas.
10. Subcontractors. The Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior
written approval from the Storm Water Contract Administrator. In using subcontractors, the
Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its
employees were employees of the Contractor. All requirements set forth as part of this Agreement are
applicable to all subcontractors and their employees to the same extent as if the Contractor and its
employees had performed the services.
11. Amendments. This Agreement may be amended only by written Agreement duly
authorized by the parties hereto and signed by the parties.
12. Termination. The City Manager may terminate this Agreement for Contractor's failure to
perform the services specified in Bid Invitation No. BI- 0086 -12 (which includes Specification 1245,
dated 11114111). Failure to keep all insurance policies and performance bonds in force for the entire term
of this Agreement is grounds for termination. The Contract Administrator must give the Contractor
written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured
within the cure period, the City Manager may terminate this Agreement immediately thereafter.
Alternatively, the City may terminate this Agreement upon twenty (20) days' advance written
notice to the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours'
advance written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out
herein.
13. Taxes. The 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. Upon his request, the City Manager shall be provided proof of
payment of these taxes within fifteen (15) days of such request.
14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy.
15. Violence Policy. The Contractor must adopt a Violence in the Workplace policy.
16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is
received on the day faxed or hand- delivered and on the third day after deposit in the U.S. mail if sent
certified mail. Notice shall be sent as follows:
IF TO CITY:
City of Corpus Christi
Attention: Storm Water Contract Administrator
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
IF TO CONTRACTOR:
Contractor Coastal Maintenance Concepts, LLC/Deluxe Finance Inc.
Contact Byron Sharon
Address 3540 Agnes Street
City, State, Corpus Christi, ,Texas 78405 361 946 -1135
17. Month -to -Month Extension. If the City has not completed the procurement process and
awarded a new Agreement upon expiration of the original contract period or any extension period, the
Contractor shall continue to provide goods/services under this Agreement, at the most current price under
the terms of this Agreement or extension, on a month -to -month basis, not to exceed six months. This
Agreement automatically expires on the effective date of a new contract.
18. Severability. Each provision of the 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.
19. INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND THE CITY AND ITS OFFICERS, EMPLOYEES AND AGENTS
( "INDEMNITEES ") FROM AND AGAINST ANY AND ALL LIABILITY, 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 WHICH ARISE 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 CONTRIBUTING
NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF
INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP.
CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND
DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL
ACTIONS BASED THEREON WITH COUNSEL REASONABLY 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. THE INDEMNIFICATION OBLIGATIONS OF
CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER
TERMINATION OF THIS AGREEMENT.
20. Course of Dealing. It is expressly agreed that no course of performance, course .of
dealing or usage of trade shall be relevant or admissible to contradict, supplement, explain, or
modify any express provisions of this Agreement or Bid Invitation No. BI- 0086 -12 (which
includes Specification 1245, dated 11/14/11). Furthermore, it is expressly agreed that the City's
acceptance of or acquiescence in a course of performance under this Agreement shall not be admissible to
modify, waive, supplement or explain the terms of this Agreement, even if the City is aware of a course of
performance and has an opportunity to object to it.
SIGNED this day of , 20 [
Contractor
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Title:
CITY C S STI ( "CIT ")
Michael Barrera Da
Assistant Director of Financial Services
APPROVED THIS DAY OF , 20
CARLO VALDEZ, CITY ATTORNEY
By: NMI 4L
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Veronica Ocanas
Assistant City Attorney
Incorporated by Reference:
Exhibit A: Bid Invitation No. BI- 0085 -12
Exhibit B: Bidder's Bid
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