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HomeMy WebLinkAboutResolution - 2009-R0422 - Contract - Adapco Inc.- Mosquito Pesticide - 10/08/2009Resolution No. 2009-80422 October 8, 2009 Item No. 5.20 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 9218 for Aquabac XT BTI and Aqnique MMF Mosquito Pesticide per ITB 09 -069 -FO, by and between the City of Lubbock and Adapco, Inc. of Sanford, Florida, 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 this 8th day of October '2009- ,;;� Nl-��r TOM MARTIN, MAYOR ATTEST: Rebecca Garza, City APPROVED AS TO CONTE Scott Snider, Assistant City Manager Community Development APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Contract-Adapco, Inc. September 28, 2009 09 -069 -FO -Mosquito Cortrol Pesticides -Annual Pricing Resolution No. 2009-80422 CITY OF LUBBOCK CONTRACT FOR SERVICES For Mosquito Control Pesticides -Annual Pricing ITB #09 -069 -FO Contract 921$ THIS CONTRACT, made and entered into this 8th day of October 2009 by and between the City of Lubbock ("City"), and Adapco, Inc. ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Mosquito Control Pesticides -Annual Pricing and bids were received and duly opened as required by Iaw; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City of Lubbock has heretofore adopted a resolution authorizing the acceptance of such bid, and the execution, in the name of the City of Lubbock a contract with said Contractor covering the service of the said Mosquito Control Pesticides. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which specifications and bid are attached hereto and made part hereof, Contractor will provide to the City the Mosquito Pesticide specifically referred to as Item No. 2 and 3 and more particularly described in the bid submitted by the Contractor or in the specifications attached hereto. 2. 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 Contractor may, upon written mutual consent, extend the contract for two additional one-year periods. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) or Product Price Index (PPI), whichever is most appropriate for the specific contract for the previous 12 -months. At the City's discretion, the effective change rate shall be based on either the local or national index average rate for all items. If agreement cannot be reached, the contract is terminated at the end of the current contract period. 3. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms and conditions contained herein. The Contractor shall perform the work according to the procedure outlined in the specifications and Invitation to Bid attached hereto and incorporated herein. 4. Contractor shall at all times be an independent Contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 5. The Contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of ITB# 09 -069 -FO 25 09-069-FQ-Mosquito Control Pesticides -Annual Pricing INSURANCE COVERAGE REQUIRCD 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. 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): TYPE AMOUNT Worker's Compensation; The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of the Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of worker's compensation insurance coverage by Contractor or any cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract." The Contractor may maintain Occupational Medical and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a wavier of subrogation in favor of the CITY OF LUBBOCK. The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than $500,000. Commercial General Liability Per Occurrence: $200,000 General Aggregate Automotive Liability Any Auto: $200,000 Combined Single Limit The City of Lubbock shall be named a primary additional insured with a waiver of subrogation in favor of the City on all coverage's. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. The Contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 30 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included "With the certificate. The Contractor shall also maintain workers compensation insurance in the statutory amount. If at any time during the life of the contract or a required insurance in full force and effect, all immediately. Any failure to maintain the required terminate the contract. iy extension, the Contractor fails to maintain the work under the contract shall be discontinued insurance may be sufficient cause for the City to G. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. ITB# 09 -069 -FO 26 E) ORIGINAL 09 -069 -FO -Mosquito Control Pesticides -Annual Pricing 7. This Contract consists of the following documents set forth herein; Invitation to Bid #09 -069 -FO, General Conditions, Affidavit of Compliance with Local, State, and Federal Regulations of Regulated Substance, Specifications, and the Bid Form. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LUBBOCK _fr Tom Martin. Mayor Rebecca Garza. City APP u AS FORM: Assistant. City Attorney ITB# 09 -069 -FO CONTRACTOR BY Authorized Representative Albert P. Etre, III, CFO 550 Aero Lane Address Sanford, FL 32771 Service 27