HomeMy WebLinkAboutC2013-205 - 7/9/2013 - Approved01 - 9' 1 11 D1 Did I
I SERVICE AGREEMIENT (this "Agreement") # into by and between Corpus a
CyclePlaza (the "Contractor") and the City of Corpus Christi, a Texas home-rule municipal corporati
(the "City") effective for all purposes upon execution by the City Manager or designee (the "Ci
Manager").
WHEREAS Contractor o! • provide POLICE MOTORCYCLE
SERVICES in response to Request for Proposal No. BI-0087-13, which is incorporated by reference
md attached hereto as Exhibit A; and
1. Services. Contractor provide
SERVICES in accordance with Request for Proposal No. BI-0087-13, which is incorporated by
reference # attached hereto as Exhibit
2. Fee for Services. The City agrees to pay the Contractor the mutually agreed upon fees as
follows: per are ed and firm for duration of #
to 11MRS ' ` # # ",* 1 # # ' ' ;.# } 1 . M +" # - # ! #
# performance # authorizations for payment. k of Contractor's or communications
regarding this Agreement must be directed to the Contract Administrator, who is the TRAFFIC
1-11WISION CAPTAIN.
5. Independent Contractor. Contractor will perform the services hereunder as an independent
contractor a# will furnish own manner and method, and under no circumstances or
conditions may any agent, or ! # of Contractor be A ` # an employee of
6. Insurance. Before activities can begin under this Agreement, Contractor's insuranc:i
uLqt de All
2013-205
ii 7/09/13
CyclePlIaza
or intent not to renew any of the policies by certified mail, The City must be named as an Addition
Insured. The City Attorney must be given copies of all insurance policies within fifteen (15) days of
City Manager's written request. Insurance requirements are incorporated herein in Request for Propos
I
Ci
No. BI-0087-13, which is incorporated herein as Exhibit A, and may be revised annually by the
Manager upon thirty (3 0) days' advance written notice to Contractor.
7. 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.
8. Fiscal Year. All parties recognize that the continuation of any contract after the close of arl
fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations
n
budget approval providing for such contract item as an expenditure in that budget. The City does
represent that the budget item for this agreement will be actually adopted, since that determlifinmation
within the sole discretion of the City Council at the time of adoption of each budget.
=''Now; I III 111,jra 0 1 i
10. Compliance with Laws. This Agreement is subject to all applicable federal, state and local
laws, rules and regulations. 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 the State of
Texas and the venue for such disputes is the appropriate district, county or justice court in and for
Nueces County, Texas.
12. Amendments. This Agreement may be amended only by written agreement signed by
duly authorized representatives of the parties hereto.
Alternatively, City may terminate this Agreement, with or without cause, upon twenty (20) days'
advance written notice to Contractor. However, City may terminate this Agreement on 24-hours'
6A out
LUM��aj or p
Lection 14 #2t \ Agreement.
15. Drug Policy. Contractor must adopt a Drug Free Workplace and drug testing policy th
substantially conforms to the City's policy. i
16 Violence Polic Contractor must adopt a Violence in the Workplace policy th
substantially conforms to the City"s policy. i
11 1
is aeomea recciTea on ITEMS , 0. 1--ter Deposit 1M7iF4!.
j7 11M uuj M
if sent certified mail. Notice shall be sent as follows:
}2T # CITY-
City #\C ?» Christi
Attention: Traffic Division Captain
P.O. Box 9277
Corpus Christi, Texas 78469 9277
IF TO CONTRACTOR:
20. 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
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 on-dtted.
SIGNED this 3k day of ----,20B
Name: /WA4+ We 6040,/W
Title:
CITY OF C RPU C STI
1, 4arre �DwA
Assistant Director of Financial Services
Incorporated by Reference:
F-,xhibit A: Request for Proposal No. BI-0087-13 ARM4X* OjW
ctry
1---xhibit B: Proposer's Proposal, as clarified via clarification questions ansPreuspMses