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1998-052 ORmNA CENO AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR SERVICES PERFORMED BY BLIND OR SEVERELY DISABLED PERSONS IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE (TEXAS INDUSTRIES FOR THE BLIND AND HANDICAPPED-EASTER SEALS SOCIETY, PARKS LITTER CLEANING, $18,579 98) WHEREAS, Sectaon 252 022 of the Local Government Code promdes that servmes performed by bland or severely dasabled persons need not be submatted to competmve bads, and WHERE AS, the City Council has provaded tn the Ctty budget for the appropnataon of funds to be used for the purchase of the servmes set forth m the proposed contract, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Caty Manager as hereby authorized to execute on behalf of the C~ty of Denton, Texas, a service contract, which as attached hereto and make a part hereof for all purposes, that proxades servtees relating to Parks Later Cleamng wath the Texas Industries for the Bland and Handacapped-Easter Seal Somety tn the mount of $18,579 98 SECTION II. That the award of thas contract ts based on the servaces under flus contract beang performed by blind or severely (hsabled persons SECTION III. That thxs ordananee shall become effectave lmmedtately upon ats passage and approval ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Contract Number 98-052 State Use Contract Ttus contract and agreement ~s entered into by and between the Receiving Party and the Perfonmng Party (Assigned Work Center) pursuant to the Authority granted m comphance w~th the provlsaons of Chapter 122, Human Resources Code, and certafied by Texas Ladustnes for the Bhnd and Han&capped (TIBH Ladustnes, Lac ) as a contract m comphance w~th the provmons of Chapter 122, Human Resources Code I. Contracting Parties: Receavmg Party Caty of Denton - Mr Robert Tlckner 321 East McKmney Denton, Texas 76201 Performing Party Physically Challenged Services, Lac 13300 Old Blanco Road State 160 San Antomo, Texas 78216 H. Statement of Services to be Performed: Parks Litter Cleaning III. Basis for Calculating Reimbursable Costs: See Bid Proposal IV. Contract Amount: The total amount of the Contract shall not exceed $18,579 98 per year V. Payment of Services: The Receavmg Party shall pay Performing Party, or pay TIBH as assagnee and servacmg agent of Performing Party's ~nterest in the payment under tbas contract (as d~rected), for goods and servtees received upon receapt of a proper invoice or voucher prepared by the Assagned Work Center or TIBH w~thxn tlurty (30) days from receipt of same Payment for servaces performed shall be billed monthly as outhned and servaces provaded VI, Term of Contract Tlus contract as to beg~n March 15, 1998 and shall be reviewed annually or upon shall be reviewed annually or upon request of any of the contracting partaes THE UNDERSIGNED PARTIES do hereby certify that, 0) the servaces speafied above are necessary and essenttal for act~VXtles that are properly w~tlun the statutory functaons and programs of the affected partaes of Local and State Government, and (u) the services, supphes or Contract, are not reqmred by Sectaon 21 of Arhele XVI of the Constxtutaon of Texas to be supphed under Contract gaven to the lowest responsxble badder Contract Number RECEIVING PARTY Receiving Party further certifies that xt has authonty to conuact for the above semces by anthonty granted in Section 122.005, Section 122 004, and 122 017, including but not limited to Section 122 007, Chapter 122, Human Resources Code CiW of Denton, Parks and Recreation Department Name of Receiving Party Authorized Signature Date PERFORMING PARTY The undersigned signatory for the Performing Party hereby represents and warrants that s/he is a officer of the organization for wluch s/he has executed this Contract, and that the officer has full and complete authonty to enter into this comract on behalf of the Performing Party and has legal authonty to perform the actzvmes provided for herein physically Challen~,ed Servwes. Inc Date ~ CERTIFYING PARTY Texas Industries for the Blind and Handicapped, Inc (TIBH Industries, Inc ) CITY OF DENTON PARKS LrI'I'F.R CL~.A/~I1NG SERVICE MAINTF~ANCE The purlx~ of this contract ~s to supply labor, materials, superws~on and transportaaon to clean ten parks owned by ~he City of Denton hereinafter referred ~o as "Owner' or 'City' The parks are to be cleaned on the following fi'equonclos based on season. S~mm~r: (May I - August 1~) PARKS FREQUENCY of I~T. ~ CI.~4dVING per WEY:~ of Days Avondale M, W, F 46 Bowhng Green M, W, F 46 Briarcliff M, W, F 46 Fred Moore M, W, F 46 loo Skilos M, W, F 46 McKenna M, W, F 46 Milam M, W, F 46 Nette Schullz M, W, F 46 Owsley M, W, F 46 Phoemx M, W, F 46 Fall: (August 15 - November 30) PARKS FREQUENCY of I~T. 1~ CL~.ANING per WI~.F.K of Days Avondale M & TH 32 Bowling (]teen M & TH :32 Bnarchff M & TH 32 Fred Moore M & TH 32 Joe Skfles M & TH 32 McKenna M & TH :32 Mllam M &TH 32 Nette Schultz M & TH 32 Owslzy M & TH 32 Phoemx M & TH 32 Spring: (February 15 -Aprtl 30) PARKS FREQUENCY of CLEANING per W~.i~K of Days Avondale M & TH 22 Bowhng Ch~en M & TH 22 Br~cliff M & TH 22 Fred Moo~ bi & TH 22 ~oe Skilos M & TH 22 McKomm M & TH 22 Mdnsll M & TH 22 Net~ Schultz M & TH 22 Owsley M &TH 22 Phoenix M & TH 22 The above "Est. No. of Days" m an estimate only and subject to change without notice by the Owner AH cleaning shall be completed by 5:00 p.m. on the days scheduled AH suppbea needed to complete th~s contract shah be supphed by the Conwactor Suppbes are bags, hand tools & brooms, wh~k pans or debris handling tools, and other miscellaneous items as needed scold: AH park faciliaes shall be cleaned m the same manner. The Contractor shall go by the following work objectives: I Remove all litter and debris from each park to create a htter-free zone 2. /.atter and debris can include but m not lmuted to any m~oduced product not normally asaoctated with natural park functions Natural work debris should include tree limbs or bran~bes, acorns or nuts, leaves, weeds, and other orgamc debris Any debrm from park smacturea are also consadered park related, not mtrodnced. 3 Ptck up all htter and debris from aH park surfaces which include turf areas, playing surfaces, l.e tennis and multipurpose courts, playground surfaces, shelters and ptcmc areas, walkways, parlong lots and parking zones next to the park (usually 6 fee0 4. The Contractor ~a to place aH collected htter and debris rote trash receptacles prowded by the City Parks Delnut.,lent. The City will dispose of aH collected debris and htter. Latter (~Mmn3 S~'vlc~ Mamteoance Agreomeat - PAGE 2 - Parks shall be inspected reg~,l~dy by Parks Division personnel to insure thorough cleanmi and contract comphance. For the parposes of ~ conuact, the Supenntendent of Parks shall be the contract adminismuor for the City of Denton and can be contacted at the Civic Center, 321 E. McKinney, Denton, TX 76201, (940) 349-8275. The contract adnumstrator ~ have the authority to set cleamng schedules, communicate to the Contractor regardmg any defioencies m performance, and terminate this contract for any breach of con~ract by the ConUactor, ~f necessary TERMS OF CONTRACT AND CANC~LLATION: This contra~t ~ remain m effect from the date of award to September ~0, or unul ~rmmated by either party by g~ving wntien nouce of such cancellauon. This contract may b~ renewed and extended upon mutual agreement of the Owner and ConU~ctor for two (2) additional one (1) year penod~ at the same term~ and con&uom The Owner, at ~ op~on, my cancel tlus conuact unmedmtely without written notice or recourse m the event of unsansfactory performance, breach of contract, or any unlawful and tllegal acts comnutted by the Contractor and/or his/her employees. The Contractor or Owner may terminate this contract with thirty (30) days written nol~ce The absence of wrttten notice of cancellation by the Contractor subJects the Conuactor to forfettere of one week's payment. TRANSPORTATION: The Contractor shall supply transportul~on from facthty to facthty. The Contractor shall be allowed to drive upon the facilities when necessity and shall be held liable for any property damages that result from driving on City property, e.g ruts m wet turf LIABILITY/INSURANCE/WORKMAN ,S COMPENSATION: Bidder's attention ~s dusted to the insurance requirements below It ~s highly recommended that b~dders confer with their respective insurance earners or brokers to determine m advance of Bid subrmssion ,the avndnbtlity of insurance certtficates and endorsements as prescribed and provided hereto. If an apparent Iow bidder fads to comply stnctiy with the insurance requirements, that bidder may be dlsq~mlifit~d from award of tho contract. Upon bid award, all mserance requirements shall become contractual obhganons wluch the successful bidder shall have a duty to raamtam throughout the course of this contract STANDARD PROVISIONS: Without lumting any of the other obhgations or habflmes of the Contractor, the Contractor shall provide and mamlam until the conuacted work has been completed and accepted by the City of Denton, Owner, the rmmmum insurance coverage as indicated hereinafter Latter Cleaning S~rvle~ Mam~ce Agreemmt - PAGE 3 - As soon as pracucable afar noUficaUon of bid award, Contractor shall file with the Purchasmg Depa~h~en~ satisfactory certificates of insurance, containing the bid number and afle of the project Contractor may, upon written request to the Purc~,~,~g Department, ask for clarification of any insurance roqulrements at any tune; however, Conuactors are strongly adv~ed to make such requests prior to bid Ol~ning, since the insurance requitmnents may not be mo&fled or wmved after b~d opemng units a written exception has been subrnil~/wuh the bid Contractor shall not commenee any work or deliver any material until he or ~ reeeives notification that the contract has been ~pted, approved, and signed by the City of Denton. All insurance pohcias proposed or obte/ned m samfacuon of those reqmrements shall comply ruth tbe following general specxfications, and shall be maintained m comphance with these general specdications throughout the duramen of the Contract, or longer, tf so noted: · Each policy shall be issued by a company authorized to do business m tho State of Texas w~th an A M. Best Company rating of at least · Any deductibles or self-insured retenttous shall be declared m the bid proposal If requested by the City, the insurer shall reduce or einntnate such deductibles or sail-insured retentions with respect to tho City, its officmls, agents, employees and volunteers; or, the conUactor shall procure a bend guaranteeing payment of losses and related investigations, claun administration and defense expenses. · Llabihty pohcies shall be endorsed to provide the following · · Name as additional insured the Ctty of Denton, its Officmls, Agents, Employees and volunteers. · ® That such insurance is prum~ to any other msurance available to the addmonal insured with respect to clauns covered under the pohcy and that fins insurance applies separately to each insured against whom claim is made or sutt ~s brought. Tho inclusion of more than one msured shall not operate to mcrcase the insurer's limit of h*hdtty · All pohcies shall be endorsed to provide tlurty(30) days prior written notice of cancellation, non-renewal or reduc~on m coverage · Should any of the reqmred insurance be prowded under a chums-made form, Contractor shall maintain such coverage conmmously throughout the term of this contract and, without lapse, for a period of threa years beyond the contract exptration, such that occurrences arising during the contract term wluch give rise to claims made after exptration of the contract shall be covered · Should any of the required msurance be provided under a form of coverage that mcindes a general annual aggregate lmut providing for clauns mvestigatiou or legal defense costs to be included m tho general annual aggregate hnut, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protec*~ve Liabihty Insurance - PAGE 4 - ® ShouM any requu-ed insurance lapse dunng the contract ~orm, requests for payments originating after such lapse shall not be processed un61 the City receives satisfactory evidence of m~nsm~d coverage as required by thi~ cataract, effective as of the lapse dal~ Xf insurance is not reinstated, City nmy, at ~ls sole opuon, I~rmma~ th~s agreement effective on the da~ of the lapse SPECXFXC ADDITIONAL INSURANCE REQUI~F~tn~IT$: All insurance policies proposed or obtained m sa~sfacuon of thi~ Con~ract shall additionally comply ruth the following marlnM spearing, and shall be maintained in complutnce with these adclmon~l spec~cat~ons throughout the duration of the Contract, or longer, tf so noted A. {2eneml LiabilRy Ineumnoe: Ganerel Liability inaurence with combined singlo limits of not lass than ~ =~'~, ~oo ~ shell be provided and rnaintain~cl by the contrector. T~o policy shall bs wrlRen on en occurrenc® basis either in s single policy or in a combination of underlying and urnbraile or excess policies. If the Cornrnerclal Goneral Liability form (150 Form CG O001 currant edition} is used: · Coverage A shall Include premises, operations, products, and completed operations. Independent contractors, contractual liability covering this contract and broad form property damage coverage. · Coverage B shall Include personal ,njury · Coverage C. medical payments. ~s not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least' a Bodily Injury and Property Damage Liabll,ty for premises, operations, products and completed operations. Independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures, · Broad form contractual liability (preferably by endorsement} covering this contract, personal injury I,abil~ty and broad form property damage Iiabillty. IX] Autornobile Liability Insurance: Contractor shall prov,de Commercial Automobile Liability insurance w~th Cornb~ned Single Limits (CSL) of not less than 500.00Q either ,n a s,nole policy or In a combination of basic and umbrella or excess poi,cms The pol,cy will include bodily ~tt~r Claanms ~ervlc~ ]~.amtamnce A~ement - PAgE 5 - Injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract Satisfaction of the above requirement shall be in the form of a policy endorsement for: · any auto, or · all owned, hired and non-owned autos [X] Workers Compensation Insurance Contractor shall purchase end maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, end a $500,000 policy limit for occupational disease. The City need not be named aa an 'Additional Insured' but the insurer shall agree to waive all rights of subrogation against the CiW, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply w~th the provisions of Attachment I in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensatmn Comm~smon (TWCC). [ ] Ownar'a and Contractor's Protective Liabdlty Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecut,on Of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City aa insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "occurrence" barns, and the pol,cy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Uability Insurance Coverage ia required if Broad form General L,ab~hty is not prowded or ~s unavmlable to the contractor or ;f a contractor leases or rents a port,on of a City building Limits of not less than each occurrence are requ~rad. L~tter Cleaning Se~ice Maintenance Agreen~nt - PAGE 6 - [ ] Profeaalonel Liability Ineurance Professional liability insurance with limits not less than per claim w,th respect to negligent acta, errors or omissions in connection with professional services Is required under this Agreement. [ ] Buildera' Risk Insurance Builders' Risk Insurance, on an Ali-Risk form for 100% of the completed value shall be provided, Such policy shall Include as "Named Insured" the City of Denton and all subcontractors as their Interests may appear. [ ] Additional Insurance Other Insurance may be required on an ~ndlvidual bas~s for extra hazardous contracts and specific service agreements If such addit,onal insurance ~s requ;red for a specific contract, that requirement w~ll be described mn the "Spec,ftc Conditions" of the contract specifications. Lttter Cl~amng S~rv~ee Maintenance Agreement - PAOE 7 - ATTACHMENT I [] Worker's Compensation Coverage for Building or Construction Projects for Govemmental Entities A. Definitions: Certificate of coverage ("certlficate")-A copy of a certificate of insurance, a certificate of authority to self-insure Issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entlty's employees providing services on a project, for the duration of the project Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without lira,ration, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Services" ~nclude, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person prowd;ng services on a project, and provide to the governmental entity. tartar Cleaning S~rwe~ Maintenance Agreement - PAGE 8 - (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity In writing by certified mini or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, ~n the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person w~th whom it contracts to provide services on a project, to. (1) prov,de coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees provid,ng services on the project, for the duration of the project; (2) prowde to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being prowded for all employees of the person providing services on the project, for the duration of the proiect; (3) prowde the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, ~f the coverage period shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person w~th whom ~t contracts, and provide to the contractor' (a} a certificate of coverage, prior to the other person beginning work on the project; and latter C~t,~nmg ~rv~ce ~unteonnce Agr~ment - PAGE 9 - (b) a new certificate of coverage showing extension of coverage, pr, or to the end of the coverage period, If the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required cerUficates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mini or personal delivery, within 10 days after the person knew or should have known, of any change that materially effects the provision of coverage of any person providing services on the project; end (7) contractually require each person with whom it contracts, to perform es required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services d. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions Is a breach of contract by the contractor which entitles the governmental entity to declare the contract void If the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity PAYMANT: The Contractor shall submit to the Parks Superintendent and invoice for payment, fully detailing all work performed for the prev,ous week, i.e a daily log of facilities cleaned each day Upon approval, a check shall be processed by the Accounts Payable Division. The invoice shall be submitted to the Parks Superintendent no later than 5 00 pm. each Friday for payment to be processed by Friday, 4:00 p m. of the following week. Should invoices be turned in after the Friday cut-off time, payment shall be made the following week The following payment schedule shall be in effect for the term of this contract unless amended by mutual agreement of both parties l.~tt~ Claamns ,~rvte~ Maintenance Agreement - PAGE 10 - PARKS CONTRACT PRICE per CLEANING Avondale Bowling Green Brlarcliff Fred Moore $ Joe Skiles MoKenna $ Milam Nette Schultz $ Owsley Phoenix Park and park areas for cleaning may be added or deleted by written amendment to the contract upon acknowledgement and execution of such amendment by both parties The Contractor shall report any graffiti on walls, park structures and/or any vandalism, inside or out, to the Parks Superintendent on the day of discovery. CONTRACT AGREEMENT: Both partieB agree to all terms and conditions of this contract. Should Contractor not fulfill all specifications stated within this agreement to Owner's satisfaction, Owner reserves the right to terminate this agreement. I (we) understand and shall wllllngl~y~ accept all objectives and responsibilities of this contract on this the.--~'~- day of 7~ ,1998. .~  T CT : CITY OF DENTON Signature Address Printed Name Phone No Title f Signature L~tter Cleaning S~'vlce M~untmance Agreement - PAGE I 1 - ~,, CERTIFICATE OF LIABILITY INSURANCE, wzU,. o¢/n/~ LY ~ON GHT{I ~N ~N ~ I ~ ~ ,, , L~E~ ~9~N8 ~D ~ND~ OF ~ QB 6610064 06/12/97 06112/96 OTHBe ~l~r~t'~V. iT' Q~ 6610064 $10.000 CONT, $20.600 ~P, 06/12/07 06/12/96 S6.O00 TOOLS, IDFt.. ~]T~, $100,000. $1.000 CERTIFICATI[ HOLDI~ IS AIX)Z'TIONAL, IN~URB), ,~§6~ mm'"--" AmY o~ TNm d~moVm ommomfo pmanm nm ~ m~m ~m tmpm;mo# ' IXmTON 30 321 E. ~ o~u vam-rm ~ 'iX 76201 N(m~'YOl14KOBmFIOAnHm. DmNAmPToIImlapT, mJI'FNLI~imOO~OeH~ .~&~m~m RIN~ImTAITVB 2~8 (7/07)