HomeMy WebLinkAboutResolution - 2016-R0129 - Kleen-Tech - 04/14/2016Resolution No.2016-RO129
Item No.5.14
April 14.2016
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbockis herebyauthorizedand directedto execute for and
on behalf of the City of Lubbock,Contract No.12688 for kennel cleaning services at the City
of Lubbock Animal Shelter, by and between the City of Lubbock and Kleen-Tech Services
Corporation,of Denver,Colorado,and related documents.Said Contract is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the minutes of
the City Council.
Passed by the City Council on April 14.2016
GLEN/C.ROBERTSON,MAYOR
ATTEST:
sis.<£A e l
Rebecca Garza,City Secretary
APPROVED AS TO CONTENT:
Bill i-ia^enon,Assistant-City Manager
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APPROVED AS TO FORM:
Justin sistaMt City Attorney
ccdocs/RES. Contract 12688 - Kleen-Tech Services Corporation - Kennel Cleaning Services
March 11,2016
Resolution No. 2016-RO129
City of Lubbock, TX
Kennel Cleaning Services Agreement
RFP 16-12688-DGB
CONTRACT 12688
This Service Agreement (this "Agreement") is entered into as of the 14' day of April, 2016, ("Effective
Date") by and between Kleen-Tech Services Corporation (the Contractor), and the City of Lubbock (the
"City").
RECITALS
WHEREAS, the City has issued a Request for Proposals 16-12688-DGB Kennel Cleaning Services.
WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best
meets the needs of the City for this service; and
WHEREAS, Contractor desires to perform as an independent contractor to provide Kennel Cleaning
Services, upon terms and conditions maintained in this Agreement; and
NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and
Contractor agree as follows:
City and Contractor acknowledge the Agreement consists of the following exhibits which are attached
hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or
contradictory provisions:
1. This Agreement
2. Exhibit A — Price Sheet
3. Exhibit B — General Requirements
4. Exhibit C — Insurance
Scope of Work
Contractor shall provide the services that are specified in Exhibit B. The Contractor shall comply with all the
applicable requirements set forth in Exhibit A and C attached hereto.
Article 1 Services
1.1 The contract shall be for a term of one year, said date of term beginning upon City
council date of formal approval. The City and the Contractor may, upon written mutual
consent, extend the contract for two additional one year periods.
1.2 Contractor agrees to perform services for the City that are specified under the General
Requirements set forth in Exhibit B. The City agrees to pay the amounts stated in Exhibit A, to
Contractor for performing services.
1.3 Contractor shall use its commercially reasonable efforts to render Services under this
Agreement in a professional and business -like manner and in accordance with the
standards and practices recognized in the industry.
1.4 The Contractor shall not assign any interest in this Agreement and shall not transfer any
interest in the Agreement, whatsoever, without prior consent of the City.
1.5 Non -appropriation clause. All funds for payment by the City under this Agreement are
subject to the availability of an annual appropriation for this purpose by the City. In the
event of non -appropriation of funds by the City Council of the City of Lubbock for the
goods or services provided under the Agreement, the City will terminate the Agreement,
without termination charge or other liability, on the last day of the then -current fiscal
year or when the appropriation made for the then -current year for the goods or services
covered by this Agreement is spent, whichever event occurs first. If at any time funds
are not appropriated for the continuance of this Agreement, cancellation shall be
accepted by the contractor on thirty (30) days prior written notice, but failure to give
such notice shall be of no effect and the City shall not be obligated under this
Agreement beyond the date of termination.
Article 2 Miscellaneous.
2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in
accordance with the laws of said State, without reference to choice of law provisions.
2.2 This Agreement is performable in, and venue of any action related or pertaining to this
Agreement shall lie in, Lubbock, Texas.
2.3 This Agreement and its Exhibits contains the entire agreement between the City and
Contractor and supersedes any and all previous agreements, written or oral, between the
parties relating to the subject matter hereof. No amendment or modification of the terms
of this Agreement shall be binding upon the parties unless reduced to writing and signed
by both parties.
2.4 This Agreement may be executed in counterparts, each of which shall be deemed an
original.
2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining
provisions of this Agreement shall not be affected thereby.
2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure
of any parties otherwise to insist upon strict performance of any provision hereof shall
not constitute a waiver of any subsequent breach or of any subsequent failure
to perform.
2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, representatives and successors and may be assigned by Contractor or
the City to any successor only on the written approval of the other party.
2.8 All claims, disputes, and other matters in question between the Parties arising out of or
relating to this Agreement or the breach thereof, shall be formally discussed and
negotiated between the Parties for resolution. In the event that the Parties are unable to
resolve the claims, disputes, or other matters in question within thirty (30) days of
written notification from the aggrieved Party to the other Party, the aggrieved Party
shall be free to pursue all remedies available at law or in equity.
2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized
audit representative of the City or the State of Texas, at its expense and at reasonable
times, reserves the right to audit Contractor's records and books relevant to all services
provided to the City under this Contract. In the event such an audit by the City reveals
any errors or overpayments by the City, Contractor shall refund the City the full amount
of such overpayments within thirty (30) days of such audit findings, or the City, at its
option, reserves the right to deduct such amounts owing the City from any payments due
Contractor.
2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forts of relief in
a court of competent jurisdiction. Further, the City shall not be subject to any arbitration
process prior to exercising its unrestricted right to seek judicial remedy. The remedies
set forth herein are cumulative and not exclusive, and may be exercised concurrently.
To the extent of any conflict between this provision and another provision in, or related
to, this document, this provision shall control.
IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date.
CITY OF LUBBOCK, TX:
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Glen C. I son ayor
ATTEST:
Reb Gana, City Secretary
APPROVE AS TO FORM
Justin Prui , As istan Ci Attorney
CONTRACTOR:
(;ontrac' ignature
S?, % Cky Y= ),'O'c
Printed Name
Title
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City of Lubbock, TX
Kennel Cleaning Services
RFP 16-12688-DGB
Price Proposal Sheet
Five Day Schedule
EXHIBIT A
hem
Service Location
Hourly Rate
8 hours
Five Day
Per Contractor
(APProximetely)
Schedule
Employee (a)
(b)
(b) x 5 =
1
Animal Shelter — Kennel Cleaning
Services
$1423
$113.84
$569.20
Seven Da Schedule
Item
Service Location
Hourly Rate
8 hours
Seven Day
Per Contractor
(Approximately)
Schedule
Employee (a)
(b)
(b) x 7 =
2
Animal Shelter — Kennel Cleaning
$14.23
$113.84
$796.88
Services
Holiday Schedule
Item
Service Location
Hourly Rate Per Contractor
8 hours
Employee
(Approximately)
3
Animal Shelter — Kennel Cleaning
Services
$21.35
S 170.80
• Service locations include 3323 SE Loop 289 and 401 N Ash.
•• Hours will be based on need of services
Company: Kleen-Tech Services Corporation
Prepared by: Rick LeForce
Title: Chief Financial Officer
Date: January29, 2016
22
City of Lubbock, TX
Kennel Cleaning Services
16-12688-DGB
II. GENERAL REQUIREMENTS
1. INTENT
Exhibit B
1.1 The City of Lubbock (hereinafter called "City") is seeking proposals from a contractor to provide kennel
cleaning services for the City of Lubbock Animal Shelter. The kennels consist of 96 runs and 118 small
animal cages. Offerors shall include in their proposal on how they will complete the task of cleaning the
kennels to include, but not limited to, the number of contractor employees and number of (tours that will
be needed to complete the task.
1.2 The proposal will need to include a cost for five day and seven day services. Holiday rate shall be
included, Attachment A list City holidays. Services locations are 3323 SE Loop 289 and 401 N Ash.
Cost shall also include, any and all cost involved for services. The Offeror shall submit pricing on
Price Sheet, Exhibit A.
2. SCOPE OF WORK
GENERAL
The performance of said contracted services is for the express purpose of maintaining a healthy
environment and clean kennels for the shelter. The City of Lubbock is requesting that ALL kennel
cleaning materials and equipment used are to he enviroantentally safe mud that they comply with
all federal, state and local environmental Imvs, roles and regulations. The contractor shall furnish
all labor, materials, supplies, equipment, transportation, and supervision, necessary to satisfactorily
perform the kennel cleaning services required for the building specified herein, and in the manner
and at the frequencies set forth in the following specifications.
IL PERFORMANCE SPECIFICATIONS
SUPERVISION - The contractor shall have a competent and experienced Lead
Employee on the premises at all times throughout the term of this contract, authorized to
act as the Contractor's Agent, and will provide to the Animal Services Representative
the name of on -duty supervisors and where they may be contacted.
2. INSPECTION PROCEDURE- The Lead Employee will inspect the site to
ensure that all the work has been performed satisfactorily, to include but limited
to, ensuring that the dog and cat kennels be sanitized daily other duties will
include sanitizing food and water bowls, kennel tags, moving of animals, feeding
and watering of animals. Collection and proper disposal of animal waste
throughout the day. Contractor employees will be asked to help in special projects
such as cleaning dry storage areas, supply areas, etc. on an as needed basis.
a) If the work is not satisfactory, the contractor will be required to redo
required task until it is deemed to be satisfactory Animal Service
representative.
Exhibit B
b) If work to be performed under this agreement is not satisfactorily performed
in the opinion of the Animal Service representative, he/she shall give written
notice to the contractor of the unsatisfactory performance. If the unsatisfactory
work is not remedied within seven (7) days of receipt of such written notice,
this agreement may be terminated in whole.
3. SAFETY - The contractor shall take all necessary safety precautions and shall
comply with all applicable provisions of federal, state and municipal safetylaws
and building codes to prevent accidents or injury to persons on, about or adjacent
to the premises where the work is being performed.
4. SECURITY - Contractor employees shall be uniformed in a clean, common
uniform with a name -tag with the given name of the Contractor's employee. Tile
contractor shall be responsible to see that the contractor's employees do not
disturb papers on desks or on other office furnishings and that they do not open
drawers of furnishings and cabinetry.
5. TRAINING -Contractor employees shall receive certified training since there
will be the involvement of interacting with animals. This training will include all
employees assigned to this location along with a minimum of 3 back-up
employees that will lend support in the event of absenteeism. All contractor
employees will need training in compatible chemical for use with animals to
prevent hazardous exposure as well. This will be the responsibility of the
Contractor with the approval of the Animal Services supervisor.
6. CHEMICALS - All chemicals and equipment will be provided by the contractor.
The contractor is responsible for contacting their chemical supplier to ensure
chemicals are compatible for animals. Proof of compatibility is required to be
submitted to Animal Services prior to use. Rotation of use between a quaternary
disinfectant (or Animal Services approved substitute) to a chlorine disinfectant (or
Animal Services approved substitute) on a weekly or biweekly schedule is
required. This schedule will be determined by Animal Services.
Ill. TERMS AND CONDITIONS
CONTRACT TERM - The contract shall be for the term of one year with two,
one year options to renew. The date of tern shall begin upon City Council date
of formal approval.
2. TERMINATION OF CONTRACT - This contract shall remain in effect until the
expiration date, performance of services ordered, or termination by either party
with a thirty (30) day written notice. Such written notice must state the reason
for cancellation.
V. INDEPENDENT CONTRACTOR STATUS
Contractor and Owner agree that Contractor shall perform the duties under this Contract
as an independent contractor. The Contractor has the sole discretion to determine the
manner in which the services are to be performed.
Exhibit B
VI. INDEMNITY
The Owner shall not be liable or responsible for, and shall be saved and held harmless by
Contractor from and against any and all suits, actions, losses, damages, claims, or liability
of any character, type, or description, including all expenses of litigation, court costs, and
attorney's fees for injury or death to any person, or injury to any property, received or
sustained by any person or persons or property, arising out of, or occasioned by, directly
or indirectly, in whole or in part, the performance of Contractor under this agreement,
including claims and damages arising in whole or in part from the negligence of the
Owner.
VII. COMPLIANCE WITH APPLICABLE LAWS
Contractor shall comply with all applicable federal, state and local laws, statutes, ordinances,
rules and regulations relating, in any way, manner or form, to (lie activities under this Contract,
and any amendments thereto.
VII. CHEMICALS
1. Material Safety Data Sheets shall be furnished by the Contractor to the Facilities
Maintenance Supervisor and to each Building Safety Officer for each of the
Products listed in Paragraph 6 above and for all other chemicals used by the
Contractor in die performance of the contract. A properly marked and updated
file or notebook of all MSDS sheets must be kept at each location with cleaning
supplies at all listed locations in the contract at all times.
2. If the Contractor changes or substitutes chemicals during the performance of this
contract, the Animal Service Supervisor shall be furnished with two (2) copies of the list
of chemicals replacing original chemicals.
3. Any chemicals not approved by the Owner or have proper MSDS sheets for use in its
buildings shall be removed within one (1) working days after notification by the Owner to the
Contractor to do so.
3. EVALUATION CRITERIA
The following criteria will be used to evaluate and rank submittals:
1. Cost. (60%6)
2. Experience in similarly projects (15%)
3. Evidence of proposed stafrs preparedness to perform the functions necessary to complete the scope of
work to be done (20%)
4. References (5%)
Exhibit C
City of Lubbock, TX
Kennel Cleaning Services
RFP 16-12688-DGB
IL INSURANCE
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a
completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind
the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and
which shall furnish and contain all required information referenced or indicated thereon. THE CITY
SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH
CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY.
INSURANCE COVERAGE REQUIRED
SECTION B. The City reserves the right to review the insurance requirements of this section during
the effective period of the contract and to require adjustment of insurance coverages and their limits
when deemed necessary and prudent by the City based upon changes in statutory law, court decisions,
or the claims history of the industry as well as the Contractor.
SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as
are approved by the City, the Contractor shall obtain and maintain in full force and effect for the
duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written by companies approved by the State of Texas and acceptable to the City, in the following
type(s) and amount(s):
Tvpe
Worker's Compensation or
Amount
Statutory
Employers Liability or Occupational Medical and $500,000
Disability
Commercial General (public) Liability
a. Products-Comp/Op AGG
b. Contractual Liability
Comprehensive Automobile Liability
a. Any Auto
Combined single limit for
bodily injury and property
damage of $1,000,000 per
occurrence.
Combined single limit for
bodily injury and of
$1,000,000 per occurrence or
its equivalent
The City of Lubbock shall be named as additional insured on auto/general liability on a primary
and non-contributory basis with a waiver of subrogation in favor of the City on all coverage's to
include products of completed operations endorsement.
ADDITIONAL POLICY ENDORSEMENTS
The City shall be entitled, upon request, and without expense, to receive copies of the policies and all
endorsements thereto and may make any reasonable request for deletion, revision, or modification of
particular policy terms, conditions, limitations, or exclusions (except where policy provisions are
established by law or regulation binding upon either of the parties hereto or the underwriter of any of
such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to
accomplish such changes in policy coverages, and shall pay the cost thereof.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the
following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as additional
insureds, (as the interest of each insured may appear) as to all applicable coverage;
b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees
and elected representatives for injuries, including death, property damage, or any other loss to
the extent same may be covered by the proceeds of insurance;
e. Provide that all provisions of this contract concerning liability, duty and standard of care
together with the indemnification provision, shall be underwritten by contractual liability
coverage sufficient to include such obligations within applicable policies.
f. All copies of the Certificates of Insurance shall reference the project name or proposal number
for which the insurance is being supplied.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such notices
not less than 30 days prior the change, which notice must be accompanied by a replacement
CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
1625 IP Street, Room 204
Lubbock, Texas 79401
SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by
the Contractor shall not relieve the Contractor of full responsibility or liability for damages and
accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of
liability by the insurance company exonerate the Contractor from liability.
CERTIFICATE OF INTERESTED PARTIES FORM 1295
l of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
2016-3639
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Kleen-Tech Services Corporation
Denver, CO United States
Date Filed:
01/18/2016
2
Name of govemmental entity or state agency that is a parry to the contract for which the form is
being filed.
City of Lubbock Purchasing and Contract Management Department
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the goods or services to be provided under the contract.
RFP 16-12688-DGB
Kennel Cleaning Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest (check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party.
x
6
AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
MONICA A. STANARD
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20134021139 v
MY COMMISSION EXPIRES 04/05/2017 Signature of authorized agent Of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Swom to and subscribed before me, by the said �l C.� t-- Q t�D��Q , this the r-,2g-o— day o
20 I I O , to certify which, witness my hand and seal of office.
Signature of -officer administering oath Printed name of officer administering oath Title of officer ad roistering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34032
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loll
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-3639
Date Filed:
01/18/2016
Date Acknowledged:
02/09/2016
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Kleen-Tech Services Corporation
Denver, CO United States
2 Name of governmental entity or state agency that is a parry to the contract for which the form is
being filed.
City of Lubbock Purchasing and Contract Management Department
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the goods or services to be provided under the contract.
RFP 16-12688-DGB
Kennel Cleaning Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest (check applicable)
Controlling
Intermediary
5
Check only if there is NO Interested Party.
X
6
AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said , this the day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34032