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Home My WebLink AboutC2013-116 - 3/19/2013 - Approved'Pall�c rent SERV AGPZEEM WRECKER SERVICE Be rice Agreement Nog SA . 1 - 0 4 S Wrecker Service CONTRACT (mss "Agreement`) is entered into by aid between v i Clz. (th "Contractor"') and fhe City of Corpus Chrisid, a Texas hear -e- rul - opal. cor�dradon (the "City") e5ec ive for all purposes upon exec :dot ,, the C f Manager- REAS Contractor has proposed to - provide Wrecker Services Ln msp€ ai se to Biel invitation No. B1- 0060 -13 in accfw once with- Specification No. 1040, slated Aa t 26, 2009 ;kick. is incorporated herein by reference; W - HEREAS the City has deternained Contractor to be ffie lowest responsible NOW, THEREFORE, Contractor, and City eu.'ser Ito this Agreement and agee as follows: . Services. Contractar vdil perform the Wrecker Service for C e vehicles and EggiRment in accordance with Specification No. 1040° r 4.. Z. Term. Ms Agreement is for twelve ( months, commeming. on e aatc signed by eae last signatoxy hereto. `i'he term includes an option to extend for up to two additional twelve- month periods subject to the appruvai of the Contractor and the City Manager of his designee ("C'itd N/ anager 3. Contract Adm trato r. The Contract AdmanistratoT desi atee. b t i ` itrf responsinie for approval of ail ;chases of perfarn�anve and operatioas under t�s /��e emeni uc ud .g deductions for non perPormance aid authorizations for p ayment, A. of 'Contra.cto_r' notices or communications regarding ffiis Agreement must be directed t 1h e A who are the Maintenance Service Fleet Management Snperintengent and Fire Denar tment EgRip ent Mechanic Sg2er or . - .,,� 4. tudependent Contractor. Contractor w ffil performs the services hem Wider as ar i ndependent contractor and w -i ash such services in it- own maser and jnetb d- an d nc , ckeumstances or conditions may any agent, servant, or en of Cont=Wr be conl�ls°ered as a employee of he City. 2013 -116 age r of 4 311.9/13 M2013 -042 Apollo Towing Service INDEXED 5. Insurance. Before activities can begin under this Agreement, Contractor's insuran company (ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages, with applicable policy endorsements to the Contract Administrator. Additionally, the Certificate must state that the Contract Administrators will be given at least 30 days 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 15 days of the City Manager's written request. Insurance requirements are attached and incorporated into each specification and may be revised annually by the City Manager upon 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 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, 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, 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 Specification No. 1040 or Contractor's bid submitted in response to Bid Invitation No. BI 13 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 such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 10. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Administrators In using subcontractors, Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of 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. Page 2 of 4 s 1. Amendmeme o This Agreement may be amended only by written agreement sagned lb�, . drdy alit orized representatives of the parties hereto. 12. Termination. The City Manager may terminate this Agreement for Contractor's fai :.>_- to perform the services specified it Did Invitation No. fY- 0060 - - or �pe� e��xe ��o 1040. to keep all insurance policies in fierce for the entire term of this Agreement is gro-unds for teti�i W I he Contract Administrator Hearst give Contractor 5 vv ork (lays' written notice of tine breach and set oa_ reasonable opporwmty to caare. if the Contractor has not cured wig the cure period, e City hr��: may terminate this Agreement im ediatbiy thereafter. Alternatively, City may terminate this Agreement upon. 20 days' Wriffe notice to Cantrac c -. However, City may terminate this Agreement on 24 hours" mitten notice to Contr° or , ea�a e to or provide proof of payment of tomes as set out herein. 13. Taxes. Clo=actor° covenants to pay payroll taxes, Medicare ~axes, F ICA t :, �.. -. unemployment taxes, and all other related mixes according to Cirei ar E F: p4oy ea s T ax �: ld y_ Publication 15, as it may be amended. Contractor must provide proof of payment of these taxes 30 days after City Manager's vnitten request therefore. Failure to pay or provide proof of payee grounds for the City meager to imm tem3imte this Agreement. 14. Drag Policy. Cws ract€rr must adopt a. Drug Free ' orkplace and drag testing polic / _ u sUbstanfially conforms to the City's pocky. 15. Violence Po a arftractor mast adopt N „ iolenm in the Workpla -.e a7'd - related hiring poi , that substantially conforms to the City's policy. 16. Notice. Notice may be given by fax, %d delivery, or certified mai l, postage prepaid, aTIC is deemed. received. on. the day aaxed or hand delivered or on the tad day after deposit if senat ce�jf': w: mail. 'Notice shall be sent as follows: 71. TO CITY: CRY of Corpus Christi Attention: Meet _Mara erneat 53 1er$derat P.O. Box 9277 7 Uorpus Christi, 'texas 78469 - 927' P HONTH: (361) 826 -1903 F AX moo.: (361) 826 -1905 lT TO CCONT AC' OR3 . Contractor N aine: P`l” - ra tD( Seal ► � Contact Person: Qfl V�Z Address: 2 C City, State, Zip: u s WE'St? 1C _ 7'417 FAX moo.; °15_ :03 1 Page 3 of 4 17. Month-to-Month Extensiou. L' the CkY has not completed the bidding process awarded a new supply agreement upou the expiration of the original contract period or any period, the Bidder shail continue to provide goodstseivices under this Agreement, at the most tMnl't:ms;. price under the term of t his supply agreement or extension, on a month to month basis, not to exceed inonths. This supply agreement au expires on the effective date, of a n�vv cr ac- 'S Sev Each PMAVislOn of the Agreement shall be considered to be severable and, j. -j- O _- MY reason MY such Provision OF any part thereof, is determined to be invalid anc. contrary W. eydstmg or ffiture applicable law, such m validity shall not in r the operation of of affeet. arose - 00r'1D of this Agreement that are valid, bit this AgreemeM shall be construed and eano.,rzed , in ' ! he ilavalid Or MenfOrceablt PTO Or - 0aft thereof had been omitted. afl i spects SIGNED this day d er e 20-JA, AUMMLL, dy MNCIL.-- -4A RFCR5 incorporated hereir4 by refer Exhibit A: Rid havitation No BI CIT � W P-MIST 3 L' P � M B ate _A � � i ,Ssistant Dime of Financial Serw,,-C-