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HomeMy WebLinkAboutResolution - 2013-R0455 - Contract - Kleen-Tech Services Corp. - Kennel Cleaning Services - 12/19/2013Resolution No.2013-R0455 December 19,2013 Item No.5.23 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,Contract No.11580 for kennel cleaning services,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 December 19,2013 ATTEST: d*. Rebecia Garza,City Secretary APPROVED AS TO CONTENT: ^yt^r^f^x^/t^Mh^—> Quincy Wh(fg<Assistant City Manager APPROVED AS TO FORM: Amyp*Sims,Assistanf^try"Attorney vwxcdocs/RES.Contract-Kleen Tech December 5,2013 GLEN C.ROBERTSON.MAYOR Resolution No. 2013-R0455 CONTRACT 11580 City of Lubbock, TX Kennel Cleaning Services Agreement RFP 14-11580-DT This Service Agreement (this "Agreement') is entered into as of the 191' day of December 2013, ("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 14-11580-DT 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 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. 1.2 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. Nonappropriation 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 nonappropriation 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 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 document, this provision shall control. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. CITY OF LUBBOCK, TX: CONTRACTOR: Kleen-Tech Services Corporation 'el� Glen T-1141son, Mayor ATTEST: P dl --e- —)�<7 Re17-a"C arza, City Secretary AERR.OV,M CONTENT: dee Torre , ire r of Animal Services APPROVED AS TO FORM: Cha ver, 4,sint Vttorney Contractor's ignature Rick LeForce Printed Name Chief Financial Officer Title City of Lubbock, TX Kennel Cleaning Services RFP14-11580-DT BAFO Price Proposal Sheet Five Day Schedule EXHIBIT A Item Service Location Hourly Rate 8 hours Five Day Per Contractor (Approximately) Schedule Employee (a) (b) (b) x 5 = I Animal Shelter — Kennel Cleaning Services $13.75 $110.02 $550.11 Seven Day 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 Services $13.75 $110.02 $770.11 Holiday Schedule Item Service Location Hourly Rate Per Contractor 8 hours Employee (Approximately) 3 Animal Shelter — Kennel Cleaning Services $20.63 $165.03 * Service locations include 3323 SE Loop 289 and 401 N Ash. ** Hours will based on need of services Company: Kleen-Tech Services Cor oration Prepared by: Rick LeForce Title: Chief Financial Officer Date: December 2, 2013 City of Lubbock, TX Request for Proposal for Kennel Cleaning Services 14-11580-DT 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 hours 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 be environmentally safe and that they comply with all federal, state and local environmental laws, rules 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. II. 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 re -do the required task until it is deemed to be satisfactory Animal Service representative. 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. SAFETY - The contractor shall take all necessary safety precautions and shall comply with all applicable provisions of federal, state and municipal safety laws 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. The 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. 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 chemicals 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 the ensure chemicals are compatible for animals. Proof of compatibility is required to be submitted to Animal Services prior to use. Buckeye Watch Dog NF or approved equal is recommended for the kennels disinfectant, germicidal detergent and deodorant. 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. III. TERMS AND CONDITIONS CONTRACT TERM - The contract shall be for the term of one (1) year with two (2) options to renew. The date of term 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. 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 the activities under this Contract, and any amendments thereto. VII. CHEMICALS 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 the 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. 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. ATTACHMENT A City of Lubbock, TX Kennel Cleaning Services RFP14-11580-DT Observed Holidays The Owner observes the following holidays: New Year's Day — January 1st Martin Luther King Day — 3rd Monday in January Good Friday — Friday before Easter Memorial Day — Last Monday in May Independence Day — July 4'h Labor Day — First Monday in September Thanksgiving Day — 4th Thursday in November Friday after Thanksgiving (4th Friday in November) Christmas Eve- December 24th Christmas Day — December 25th Note: When designated holiday falls on Sunday, Monday is observed. When designated holiday falls on Saturday, Friday is observed. EXHIBIT C City of Lubbock, TX Kennel Cleaning Services RFP 14-11580-DT II. 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): Tvne Worker's Compensation or Employers Liability or Occupational Medical and Disability Commercial General (public) Liability a. Products-Comp/Op AGG b. Personal & Adv Injury c. Contractual Liability Comprehensive Automobile Liability a. Any Auto Amount Statutory $500,000 Combined single limit for bodily injury and property damage of $1,000,000 per occurrence. Combined single limit for bodily injury and of S500,000 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. All copies of the Certificates of Insurance shall reference the RFP or proposal number for which the insurance is being supplied. 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 13`h 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.