HomeMy WebLinkAboutC2015-093 - 6/23/2015 - Approved SERVICE AGREEMENT FOR MOWING OF PARKS, ROW,MEDIANS,
AND WASTE WATER TREATMENT PLANTS
Service Agreement No. 367
THIS Mowing Services Agreement (this "Agreement") is entered into by and between
the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting by and
through its City Manager or his designee ("City Manager"), and Maldonado Nursery &
Landscape, Inc. ("Contractor"), effective for all purposes upon execution by the City Manager.
WHEREAS Contractor has proposed to provide Mowing Services in response to Bid
Event No. 12, which includes Specification 1168, dated 11/19/14;
WHEREAS the City has determined Contractor to be the lowest responsible bidder for
groups 9, 12 and 16 at $77,854.09;
NOW, THEREFORE, Contractor and City enter into this Agreement and agree as
follows:
1. Services. Contractor will provide Mowing Services in accordance with Bid Event No. 12,
which includes Specification 1168, dated 11/19/14 ("Services"), which bid and related
specifications, if any, are attached to this Agreement and incorporated by referenced into this
Agreement as Exhibit"A".
2. Term. This Agreement is for a term of one (1) year, commencing on the date signed by the
City Manager and continuing for twelve months thereafter. The term includes an option to
extend for up to four(4) additional one-year periods subject to the approval of the Contractor and
the City Manager.
3. Payment. Payment terms are ne 30 days after the goods are provided or services are
completed, as required, or a correct invoice is received, whichever is later.
4. 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
and communications regarding this Agreement must be directed to the Contract Administrator,
who is the Parks & Recreation Contract Administrator.
5. 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 employee, agent, or representative of the Contractor be
considered an employee of the City.
6. Insurance. Before Services can begin under this Agreement, the Contractor's insurance
company must deliver a Certificate of Insurance as proof of the required insurance coverages to
the Contract Administrator. Additionally, the certificate must state that the Parks & Recreation
Contract Administrator and the City's Risk Manager 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 nnlicies. The City must be named as an additional insured. The City Attorney must
2015-093 ince policies within 15 days of the City Manager's written request. ' DED
6/23/15
Res. 030534 ment of this Agreement nor any right or interest herein held by the
Maldonado Nursery& Landscape Inc. ss the City Manager first gives written consent to such assignment.
The performance of this Agreement by the Contractor is the essence of this Agreement, and the
City's right to withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
8. 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 each September 30th) is subject to budget
approval and appropriations providing for such contract item as an expenditure in the fiscal
budget. The City does not represent that a budget item for this Agreement will be actually
adopted, as that determination is within the sole discretion of the City Council at the time of
adoption of each fiscal budget.
9. Waiver. No waiver by either party of any breach of any term or condition of this Agreement,
or Exhibit A, or the Contractor's bid offer and response to Bid Event No. 12, which is attached
to this Agreement and incorporated into this Agreement as Exhibit "B", waives any subsequent
breach of the same.
10. Compliance with Laws. This Agreement is subject to all applicable federal, state and local
laws. All duties of the parties will be performed in Corpus Christi, Texas. The applicable law
for any legal disputes arising out of this Agreement is the law of Texas, and the forum and venue
for such disputes is the appropriate district or county court in and for Nueces County, Texas.
11. 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 Parks & Recreation 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.
12. Amendments. This Agreement may be amended only in writing and signed by persons
authorized to execute the same by both parties.
13. Termination.
A. The City Manager may terminate this Agreement for Contractor's failure to perform the
services specified in this Agreement and its exhibits. 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 stated in the notice, the City Manager may
terminate this Agreement immediately thereafter. Failure to keep all insurance policies in force
for the entire term of this Agreement is grounds for termination.
B. Alternatively, the City may terminate this Agreement with or without cause upon twenty(20)
days' advance written notice to the Contractor. However, the City may terminate this Agreement
upon twenty-four (24) hours' advance written notice to the Contractor for the Contractor's
failure to pay any required taxes or to provide proof of payment of taxes as set out in this
Agreement. The Contractor may terminate this Agreement upon ninety (90) days' advance
written notice to the City.
14. Taxes. The Contractor covenants to pay all payroll taxes, Medicare taxes, FICA taxes,
unemployment taxes, and all other taxes in accordance with Circular E "Employer's Tax Guide",
Publication 15, as it may be amended, and applicable federal and state laws. Upon request, the
City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such
request.
15. Notice. Notice must be given by personal delivery, facsimile (fax), or by certified mail,
postage prepaid and return receipt requested, and is deemed received on the date hand-delivered
or faxed, with proof of accepted transmission, 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: Parks and Recreation Contract Administrator
P. O. Box 9277
Corpus Christi, Texas 78469-9277
2726 Holly Rd., Bldg. 4
Corpus Christi, Texas 78415
Fax #(361) 826-3864
IF TO CONTRACTOR:
Contractor: Maldonado Nursery& Landscape, Inc.
Contact Person: Martin Salazar
Address: 16348 Nacogdoches Rd.
City, State, ZIP: : San Antonio, TX 78247
Fax#: (210) 599-9736
16. Month-to-Month Extension. If the City has not completed the procurement process and
awarded a new agreement upon expiration of the original contract term or any extension period,
the Contractor shall continue to provide goods/services under this Agreement at the most current
price, in accordance with the terms and conditions of this Agreement or extension, on a month-
to-month basis not to exceed six months. Any month-to-month provision of goods/services by
the Contractor under this Agreement automatically terminates on the effective date of a new
contract.
17. Severability. Each provision of this Agreement is 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.
18. 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
CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF 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 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.
Co .c .r: M. •nado ursery& Landscape, Inc.
l '
Title: Owner
Date: ► 9 3/15'
CITY OF C• 'PUS CHRISTI
7 P ia1EST: . r►;y
G. .riel Maldonado late REBECCA HUERTA
nterim Procurement Manager C!TY SFrRFTARY
Attached and Incorporated by Reference:
Exhibit A: Bid Event No. 12, including Specification 1168 (Available upon request)
Exhibit B: Bidder's Bid Offer/Response (Available upon request)
Ape pved as to form: g/45
'PLS O
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Ng 01
Assis City Attorney sY COUNCIL.
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For City Attorney
SECRETAR
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US C71,c
2015 JUN 2 b A 10: 31