HomeMy WebLinkAboutResolution - 2018-R0400 - Kleen-Tech Services - 11/15/2018Resolution No. 2018-RO400
Item No. 6.6
November 15, 2018
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, Service Contract No. 14259 for Custodial Services as per
RFP 18-14259-SG, by and between the City of Lubbock and Kleen-Tech Services Corp., 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 November 15, 2018
DANIEL M. POPE, MAYOR
ATTEST:
Dj _t,_. J\��
Reb cca Garza, City Secreta k)
APPROVED AS TO CONTENT:
Mark Yearwood, Assis a City M ger
APPROVED AS TO FORM:
Kelli Leisure, Assistant City Attorney
ccdocs/RES.Service Contract 14259 Custodial Services
October 29, 2018
Resolution No. 2018-R0400
City of Lubbock, TX
Custodial Services
Contract 14259
This Service Agreement (this "Agreement") is entered into as of the 15th day of November
2018 ("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 18-14259-SG, Custodial 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 Custodial
Services 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: I I
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 — General Requirements
3. Exhibit B — Proposal
4. Exhibit C — Insurance
Scope of Work
Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all
the applicable requirements set forth in Exhibit B, and C attached hereto.
Article 1
1.1 The tenn of this Contract commences on the Effective Date and continues without
interruption until September 30, 2019, unless termination occurs as otherwise provided in
this Contract. This Contract may be renewed by mutual consent of both parties for up to
four (4) additional one (1) year periods. Each renewal period shall be under the same
monthly prices, terms, and conditions as the original contract, unless otherwise negotiated
by the Owner and the Contractor. In the event that there is a federal minimum wage
increase, this contract may be adjusted to reflect this increase. The adjustment may
include the amount of the hourly wage increase reflected by actual labor hours worked
by Contractor employees. It may also include corresponding direct benefit increases due
to the wage increase including FICA, Worker's Compensation, and general liability
insurance subject to written verification of payroll audit increases from the Contractor's
]liSUri;71C:; GilirlCl.
1.2 Termination for Default: When, in the opinion of the Owner, the Contractor has not
performed or has unsatisfactorily performed the contract, the Owner may terminate the
contract for default. Upon termination for default, payment may be withheld at the
discretion of the Owner. Failure on the part of the Contractor to fulfill the contractual
obligations shall be considered just cause for termination of the contract. The Contractor will
be paid for work satisfactorily performed prior to termination less any excess costs
incurred by the Owner in procuring and completing the work.
1.3 The Owner shall have the right to cancel any facility listed in the contract in full at any time
with thirty- (30) day written notice.
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 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 fiends
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 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 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 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 forms 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 do.
2.11 The contractor shall not assign or sublet the contract, or any portion of the contract, without
written consent from the Director of Purchasing and Contract Management. Should consent
be given, the Contractor shall insure the Subcontractor or shall provide proof of insurance
from the Subcontractor that complies with all contract Insurance requirements document, this
provision shall control.
2.12 This Contract consists of the following documents: Request for Proposal No. 18-14259-SG,
Specifications and Proposal Price Sheet. The original proposal price sheets shall remain in
the office of the Director of Purchasing and Contract Management.
2.12 The Contractor warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the Texas
Government Code verifying that:
(1) The Contractor does not boycott Israel & and
(2) The Contractor will not boycott Israel during the term of the Agreement.
2.12 The Contractor warrants that it complies with Chapter 2270, Subtitle F, Title 10 of the
Texas Government Code verifying that:
(1) The Contractor does not boycott Israel; and
(2) The Contractor will not boycott Israel during the term of the Agreement.
2.13 Senate Bill 252 prohibits the City from entering into a contract with a vendor that is
identified Comptroller as a company known to have contracts with or provide supplies or
services with Iran, Sudan, or a foreign terrorist organization.
IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date,
CITY OF LUBBOCK, TX:
Daniel M. Pope, Mayor
ATTEST:
R----
Rebecia Garza, City SecretalO
APPROVED AS TO CONTENT:
1_ ^
1/KI
Mark Yearw d, As istant Ci y Manager
APPROVED AS TO FOAM:
- 10&
Kelli Leisure, Assistant City Attorney
CONTRACTOR:
C
ntractor's Signature
Rick LeForce
Printed Name
Chief Financial Officer
Title
Exhibit A
City of Lubbock, TX
Custodial Services
RFP 18-14259-SG
11. GENERAL REQUIREMENTS
1 INTENT
a) The City of Lubbock (hereinafter called "City") is seeking proposals from interested firms and
individuals, (hereinafter called "Proposer") to provide Custodial Services.
b) Offerors are invited to submit demonstrated competence and qualifications of their firm for providing
these services.
c) The information contained within this document is intended to provide interested firms with the
requirements and criteria that will be used to make the selection.
2 EVALUATION CRITERIA
The following criteria will be used to evaluate and rank submittals:
a) Substantial successful experience in competing similar projects. (30%)
b) Demonstrated knowledge and understanding of the project. (30%)
c) Data provided on methods and operational procedures used in the daily operations of the contract.
RE: Employee training programs, security procedures, loss and safety control, etc. (15%)
d) References of performance based on previous work with the City and/or other clients. (15%)
e) Cost (10%)
3 PROPOSAL FORMAT
a) Proposals should provide a straightforward, concise description of the Offeror's capabilities to satisfy
the requirements of the RFP. Emphasis should be on completeness, clarity of content, and
conveyance of the information requested by the City.
b) The proposal should be bound in a single volume where practical. All documentation submitted with
the proposal should be bound in that single volume.
c) if the proposal includes any comment over and above the specific information requested in the RFP,
it is to be included as a separate appendix to the proposal.
d) The proposal must be organized into the following response item sections and submitted in an
indexed binder.
i) Cover letter addressed to the Honorable Mayor and City Council that states the Offeror's
understanding of the services to be provided. Include any additional information believed
necessary that is not requested elsewhere in the RFP.
ii) A description of the methodology to be used to complete the project to include, but not be
limited to, how recommendations will be formulated and commitment of adequate appropriate
resources to the project.
iii) Offeror's specific expertise in areas pertinent to the project to include a listing and brief
description of similar projects completed (with the dates of completion) or in progress and a list
of references by name, address, and telephone number for each project listed. This list of
projects in progress shall include the phase of work that each project is currently in (i.e. design,
bid, construction), and the estimated completion date.
iv) A brochure of past work, with emphasis on comparable projects.
v) List of principal(s) of the Proposer and amount of time that principal(s) will be involved in the
project.
Exhibit B
City of Lubbock, TX
Proposal Price Sheet
Custodial Services
(To be completed and returned with Proposal)
The Contractor having ish
examined the specifications. and being familiar with the conditions to be ntct, hereby submits the
Hollowing pricin4 for furnu)`, the material. equipment. labor and everything itecessarr I'or providtnR the items listed belkm
and agrees to deriver said items at the locations and for the prices set Posh on this torsi.
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