HomeMy WebLinkAboutC2012-233 - 7/17/2012 - ApprovedPORTABLE CHEMICAL TOILET SERVICE AGREEMENT
Service Agreement No.
THIS Portable Chemical Toilet Service Agreement (this "Agreement ") is entered into by
and between Skid -O -Kan Com an (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 Portable Chemical Toilet Service in
response to Bid Invitation No. BI- 0148 -12 (which includes Additional Instructions To Bidders
On Portable Chemical Toilet Service) 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 Portable Chemical Toilet Service in accordance
with Bid Invitation No. BI- 0148 -12 (which includes Additional Instructions To Bidders On
Portable Chemical Toilet Service).
2. Term. This Agreement is for twelve (12) months from notification by the City to the
contractor to commence. The term includes an option to extend for up to two (2) additional twelve-
month periods subject to the approval of the Contractor and the City Manager, or designee.
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, which
are:
Gas Department 885 -6929
Parks & Recreation 826 -1930
Police
886 -2616
Solid Waste
537 -0953
Wastewater
857 -1803
Water
826 -1861
Street
826 -1942
Parks & Recreation
815 -3217
Assistant Director (David Flores)
Park Supervisor (Ray Curran)
Sr. Staff Assistant (Jessica Cansino)
Brush Superintendent (Tony Benavidez)
Administrative Manager (Margaret Castaneda)
Work Coordinator (Israel Perez)
Sr. Management Assistant (Vickee Soliz)
Beach Operations Supervisor (Todd Jensen)
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
2012 -233
7117112
M2012 -132
Skid -O -Kan Company INDEXED
ED
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 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.
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- 0148 -12 (which includes Additional Instructions To Bidders On Portable
Chemical Toilet Service), or the Contractor's bid offer to Bid Invitation No. BI- 0148 -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 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- 0148 -12 (which includes
Additional Instructions To Bidders On Portable Chemical Toilet Service). 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' written notice
to the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours'
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. The Contractor may terminate
this Agreement upon ninety (90) days' written notice to the City.
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: Gerald Goodwin, Buyer
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
IF TO CONTRACTOR:
Contractor Skid -O -Kan Company
Contact Thomas Davis Jr.
Address: P.O. Box 1126
City, State, Corpus Christi, Tx _ 78403-
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.
14. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD
HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI 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 ATTORNEYS 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.
SIGNED this 5th day of July , 2012_
Contractor Skid -O -Kan Company
Ef aaWtL .�!. .
5�v Thom avis Jr.
Title: Vic resident
CITY OF O S STI ( "CITY ")
Lo AMU.
Michael arrera Dat [xrlr
Assistant Director of Financial Services $E0%7ARw
Incorporated by Reference:
Exhibit A: Bid Invitation No. BI- 0148 -12 including Additional Instructions to Bidders
Exhibit B: Bidder's Bid