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HomeMy WebLinkAboutR90-125O60 PARKS BEADTIFICATION RESOLUTION NO. R90-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, RECOGNIZING A DESIRE AND NEED TO BEAUTIFY THE CITY PARKS AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH TOMMY LEWIS INDUSTRIES,INC. TO PROVIDE SERVICES FOR THE CLEAN-UP OF THE PARKS WITHIN THE CITY OF PLAINVIEW, TEXAS. WHEREAS, the City Council of the City of Plainview, Texas recognizes the continual need to beautify and clean-up the parks operated by the City of Plainview, and WHEREAS, the efficiency of the Parks Department would be enhanced by an outside services agreement providing for clean-up services; and WHEREAS, the City Council has been advised of the services offered by handicapped citizens of Texas, organized under the Mental Health and Mental Retardation Center as Tommy Lewis Industries; and WHEREAS, these services are marketed by the state as designated non-profit services for the blind and handicapped; and WHEREAS, Section 122.014 of the Human Resources Code and Attorney General's opinion JM-444 authorized political sub-divisions of the state to purchase products or services produced by blind or other disabled persons without competitive bidding; and WHEREAS, the City Council wishes to express its commitment to the blind and handicapped citizens of Texas and Plainview by procuring their services wherever possible; and WHEREAS, the City Council recognizes the mutual benefit of the services offered by Tommy Lewis Industries to the City of Plainview and its citizens. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Plainview, Texas that the Mayor is authorized to enter into an agreement with Tommy Lewis Industries, without the necessity of competitive bidding, for the beautification and clean-up of our City's parks. 1 of 2 PASSED AND APPROVED, this the day of ~ , 1990. ATTEST: Carla Reese, City Secretary APPROVED AS TO CONTENT: Mike McDonough Director of Municipal Services APPROVED AS TO FORM: D. Blackburn, City Attorney 2 of 2 STATE OF TEXAS COUNTY OF HALE AGREEMENT FOR LITTER PICK73P AND DISPOSAL WHEREAS, the City Council of the City of Plainview, Texas, by Resolution No. R90-125, has expressed a desire to enhance the efficiency of the Parks Department operations by supplementing the clean-up and beautification of the parks with outside contract labor; and WHEREAS, Tommy Lewis Industries, Inc. has indicated a willingness and ability to provide such support to the City of Plainview; and WHEREAS, it is to the mutual' benefit of both parties to reduce the commitments made and services to be performed to writing. This agreement entered into, in duplicate originals, this the _ .3rd day of May , 1990, by and between the City of Plainview, a Texas municipal corporation (City) located at 901 Broadway, Plainview, Texas 79072 and Tommy Lewis Industries, INC. (TLI), a state designated Mental Health and Mental Retardation non-profit organization, located at 208 S. Columbia, Plainview, Texas 79072. Section 1.00. CONTRACTING PARTIES: City of Plainview, Texas, 901 Broadway, Plainview, Texas 79072 Tommy Lewis Industries, Inc., 208 S. Columbia, Plainview, Texas 79072 Section 2.00. STATEMENT OF SERVICES TO BE PERFO~: See attached Exhibit "A" and Exhibit "B", incorporated herein. Section 3.00. CONTRACT AMOUNT: The total amount of this Contract shall not exceed $5,437.31. 1 of 3 Section 4.00. PAYMENT FOR SERVICES: The City shall pay for services rendered upon receipt of a proper invoice or voucher prepared by TLI within 30 days from receipt of same. Payment for services performed shall be billed monthly at a rate of $906.21. Section 5.00. TERM OF CONTRACt: This Contract is to begin April 16~ 1990. shall terminate November 2, 1990. This Contract Either party may terminate this Contract at any time. TLI shall be entitled to receive payment only for services rendered up to the time of receipt of notification of termination. THE UNDERSIGNED PARTIES do hereby certify that, (1) the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected parties of Local and State Government, and (2)~ the services, supplies or Contract, are not required by Section 21 of Article XVI of the Constitution of Texas to be supplied under Contract given to the lowest responsible bidder. CITY OF PLAINVIEW The City of Plainview further certifies that it has authority to contract for the above services by authority granted in Section 122.005 and Section 122.014, Chapter 122, Human Resources Code. CITY OF PLAINVIEW, TEXAS E.V. RIDLEHUBER, MAYOR TOMMY LEWIS INDUSTRIES, INC. The undersigned signatory for Tommy Lewis Industries, Inc. hereby represents and warrants that he is an officer of the organization for which he has executed this Contract; and that the officer has 2 of 3 full and complete authority to enter into this contract on behalf of TLI and has legal authority to perform the activities provided for herein. TOMMY LE%~t~ INDUSTRIES, INC. AUT~WRIMED SIGNATURE DATE CERTIFYING PARTY TEXAS INDUSTRIES FOR THE BLIND AND HANDICAPPED (TIBH) AUTHORIZED SIGNAT~E DATE ~,, ~C~, l t~/!~o 3 of 3 e EXHIBIT "A" GENERAL REQUIREMENTS - PARK AREA MAINTENANCE TLI shall observe and comply with all federal, state, and local laws, safety and health regulations, ordinances, and all other ordinances and regulations which in any manner affect the conduct of the work. In order to insure the safety of the traveling public, TLI shall coordinate all work with the City, and shall place warning signs in accordance with the Texas Manual on Uniform Traffic Control Devices and local law. Signs, sign stands, and safety flags, as may be required to protect the traveling public, will be furnished by the City at a designated maintenance warehouse. At the conclusion of the term of the Purchase Order, the signs, sign stands, and safety flags shall be returned to the same warehouse. TLI shall reimburse the City for any loss or damage except that which is due to weather or normal wear. Ail other safety materials or devices necessary to perform the work under the Purchase Order in a safe and orderly manner shall be furnished by TLI. TLI agrees to accept full responsibility for any and all damages, including damage to public right-of-ways as a result of its operations thereon. TLI further agrees to promptly repair any such damage in accordance with the City's instructions. TLI shall provide the City with TLI's Certificate of Insurance covering the below listed insurance coverages prior to the initiation of any work. A. Worker's COmpensation Insurance Amount - Statutory Comprehensive General Liability Insurance Amounts - Bodily Injury $400,000 each occurrence Property Damage $ 25,000 each occurrence $100,000 aggregate Comprehensive Automobile Liability Insurance Amounts - Bodily Injury $100,000 each person $300,000 each occurrence Property Damage $ 25,000 each occurrence The City shall be included as an "Additional Insured" by endorsement to policies issued for coverages listed in B and C above. A "Waiver of of Subrogation Endorsement" in favor 1 of 3 of the City shall be a part of each policy for coverages listed in A, B and C above. A certified copy of these endorsements shall be attached to the Certificate of Insurance. TLI shall be responsible for any deductions policy. stated in the The Certificates(s) of insurance evidencing the above coverage(s) shall be forwarded to the City. All policies and certificates shall be endorsed and provide the following clause: "It is understood and agreed that the Texas Risk Council Management Fund Insurance Company shall notify the City of Plainview thirty (30) days in advance of the effective date of any reduction of or cancellation of this policy." The Insurance Company(s) providing the above insurance shall be satisfactory to the City. Notices of policy changes shall be furnished to the City. The certificate of insurance must be on file with the City prior to initiation of any work by TLI. TLI agrees to save harmless the City from any and all claims and liability due to the acts of TLI's employees and the operation of their equipment. TLI also agrees to save harmless the City from any and all expenses, including attorney fees, incurred by the City in litigation or otherwise resisting such claims or liabilities as a result of TLI's employees' activities. Further, TLI agrees to protect, indemnify and save harmless the City from and against all claims, demands and causes of action of every kind and character brought by any employee of TLI against the City due to personal injuries and/or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of TLI. TLI will confine all operations to daylight hours with no work performed on Sundays or State observed holidays unless otherwise authorized by the City. Ail equipment operating on public right-of-way shall be licensed in accordance with the laws of this State. The services performed by TLI are to be done on Monday and Friday of each calendar week. In the event of inclement weather, it is to be done as soon as weather permits on the next calendar day. 9. Ail operations must meet the approval of the City. Failure 2 of 3 by TLI to satisfactorily perform the work as specified shall be cause for immediate suspension of the work, and possible suspension and/or termination of the Contract. Upon suspension of the work, the City shall have the option of performing the work with its own forces during the interim period pending final resolution. 10. TLI will not be permitted to assign, sell, transfer, or otherwise dispose of its interest in this agreement without the express written consent of the City. 11. Payments to TLI for services rendered will be made based upon the submission of a billing statement properly completed and documented by the City's personnel. 12. The City shall have the right to audit the books and records of TLI, as such pertain to this agreement, during the hours of the normal workday. 3 of 3 EXHIBIT "B" SPECIFICATIONS FOR PARK AREA MAINTENANCE 1. DESCRIPTION: This item shall govern for park area maintenance in accordance with the requirements, specifications and drawings bound herein and/or as directed by the Park Superintendent. GENERAL: For the purpose of the Purchase Order, definitions will apply: the following "Park Superintendent" will mean the City of Plainview Parks Superintendent or his authorized representative. "Litter" being defined as trash, garbage, refuse of the specified character which is discarded onto the picnic areas and described but not limited to scrap metals, paper, wood, plastic, and/or glass products. TLI will furnish all tools, rubber boots, gloves, transportation to and from the work area, and all other safety materials or devices necessary to perform the work in a safe and orderly manner. 3. TRANSPORTATION: TLI shall have transportation immediately available for transporting all employees to their work area during each work period. 4. METHODS OF TRANSPORTATION: A. Prior to beginning operations, a meeting between representatives of the City and TLI will be arranged by the City. In this meeting, TLI will outline the proposed park area maintenance procedures and submit plans for performing the work. B. Ail work by TLI shall be done between the hours mutually agreed on by the City and TLI. C. The dates and prioritized item(s) of park area maintenance will be determined by the City° D. Once work has started on an item(s), TLI shall proceed in an expeditious manner satisfactory with the City until all work is satisfactorily completed on that item(s), unless otherwise directed by the City. 1 of 2 5. DESCRIPTION AND LIMITS OF SERVICES: The following is a detailed description of the maintenance service to be performed under this Agreement: A. The park areas to be serviced are located as shown on the attached maps. B. Herbicides, Chemicals, and Fertilizers: No herbicides, chemicals, and/or fertilizers shall be applied directly by TLIo C. Pruning: No pruning shall be done by TLI. D. Disease and Pest Control: shall be done by TLI. No disease or pest control E. Litter: Ail areas of the park areas shall be cleared of litter a minimum of two (2) times a week, or as directed by the Park Superintendent. All litter will be picked up, bagged, tied, and placed in dumpsters by TLI. Litter pickup shall include all areas of the grounds within the limits of the park areas. F. General: One half of the park area shall be left open to the public during such time visitors are in the park. The work crew of TLI shall not interfere with, nor disturb, visitors in the park. TLI shall provide a supervisor at all times for the workcrew. Handicapped persons of the crew shall not be left unsupervised. 2 of 2 SPECIAL SPECIFICATION FOR LITTER PICKUP AND DISPOSAL 1. DESCRIPTION: This Specification shall govern for the pickup and proper disposal of the defined items of litter discarded in the parks (excluding the roadway surface) as described herein and/or directed by the Parks Superintendent. The Agreement becomes effective on the execution date of the Agreement and is for a term of April 16, 1990 thru November 2, 1990. 2. DEFINITIONS: For the purposes of the Agreement, the following definitions will apply: A. Park Superintendent will mean the City of Plainview's Parks Superintendent or his designated representative. B. Litter being defined as trash, garbage, refuse of the specified character which is discarded in the parks and described but not limited to scrap metals, paper, wood, plastic and glass products. 3. EQUIPMENT: TLI will furnish all tools, hard hats, safety vests, gloves, transportation to and from the work area, and all other safety materials or devices necessary to perform the work in a safe and orderly manner. 4. METHODS OF OPERATION: Prior to beginning operations, a meeting between representatives of the City and TLI will be arranged by the City. In this meeting, TLi will outline the proposed litter pickup and disposal procedure and submit its plan for performing the work while providing for the safe passage of traffic at all times. 5. SCOPE OF WORK: TLI will be required to pick up all litter, as defined in Item 2, in the Parks. The accumulated litter shall be placed in litter bags or barrels, furnished by the City and placed in dumpsters to be picked up by the City. TLI will not be required to remove dead animals. The size of litter to be picked up shall be cigarette pack size and larger. Broken glass shall be picked up by hand. No sweeping shall be required. 1 of 2 TLI will be responsible for the erection of all signing necessary to comply with this agreement. 6. MEASUREMENT: The unit of measurement for pickup of litter will be by the area to be serviced as designated by the City. The areas to be serviced are: a. Broadway Street Park b. Seventh Street Park c. Running Water Draw Regional Park d. M.B. Hood Park ~ PAYMENT: Ail work performed will be paid for the area serviced which shall be full compensation for furnishing all labor, equipment and incidentals necessary to complete the work, except items specified to be furnished by the City. Payment shall be made monthly after the satisfactory completion of assigned work° 2 of 2