HomeMy WebLinkAboutResolution - 2009-R0057 - Agreement - Aftermath Inc.- Remediation Services At Police Academy - 02/12/2009Resolution No. 2009-R0057
February 12, 2009
Item No. 5.19
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 a Services Agreement and any associated documents with Aftermath, Inc., of
Oswego, Illinois, for remediation services at the Lubbock Police Academy, which
Agreement and any associated documents are attached hereto as Exhibit A and made a
part hereof for all intents and purposes.
Passed by the City Council this 12th day of February , 2009.
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TOM MARTIN, MAYOR
ATTEST:
Reb ca Garza, City Secretar()
APPROVED AS TO CONTENT:
Marl Year6bod
Assistant City Manager/Chief Information Officer
VED AS TO RM: .
, City A
DDres/AftermathCon09 Res
February 3, 2009
Resolution No. 2009-80057
ermathe Inc.
specialists in crime scene & tragedy cleanup
:Ileal Property Address: 50 'i (W(SC- rce—le ' net L u"' %
TEXAS SERVICES AGREEMENT
This Services Agreement ("Services Agreement") is executed on the date set forth below
Undersigned's name ("Effective pate") by and between Aftermath, Inc. ("Aftermath") and the undersigned
("Undersigned").
1. Services. Undersigned hereby retains Aftermath, Inc. ("Aftermath") to provide the
biological remediation services described on Attachment A, a copy of which is hereto and hereby made a
part hereof ("Services"), pursuant to the terms of conditions set forth herein at the property described on
Attachment A ("Property"). Undersigned and Aftermath agree that this Agreement does not include and
Aftermath undertakes no obligations with respect to the transportation and/or disposal of any nuclear,
radiological or other hazardous waste [as may be defined by the United States Environmental Protection
Agency ("USEPA") or by any state or local governmental body] unless otherwise agreed in writing by
Undersigned and Aftermath. Undersigned and Aftermath agree that Undersigned is solely responsible for
the transportation and disposal of all waste and other materials generated by the Services performed by
Aftermath and all costs related thereto.
2. Payment. In consideration of the Services provided by Aftermath, Undersigned agrees to
pay Aftermath for the Services, including any and all materials used in connection therewith (collectively,
the "Charges") in accordance with the specified rates in the "Statement of Services", a copy of which is
attached hereto as Attachment B and is hereby made a part hereof. Undersigned agrees to pay all Charges
regardless of any estimate given to Undersigned by Aftermath, prior to commencement of the provision of
Services under this Agreement. All amounts due to Aftermath by Undersigned must be paid within thirty
(30) days of the date of the invoice. Amounts not paid within said time will bear interest at the rate of one
and one-half percent (I -1 /2%) per month unti l all Charges are paid in full.
3. Insurance Coverage. Aftermath acknowledges that it shall carry the following minimum
levels of insurance:
a. General Liability: $500,000
b. Auto Liability: $300,000
c. Workers Comp or Occupational Employers Liability: $500,000
Aftermath's General Liability policy shall be endorsed to name the City of Lubbock as an additional insured.
All policies of insurance provided by Aftermath shall be endorsed with a waiver of subrogation in favor of
the city of Lubbock.
4. Performance. The parties acknowledge that Aftermath will use reasonable efforts in its
performance of the Services. Undersigned acknowledges that, despite the efforts of Aftermath, there may be
materials that Aftermath is unable to completely remove from the Property due to the nature of the materials
to be removed. Upon completion of the Services, Undersigned shall promptly inspect the Property to
determine if the Services are satisfactory. Within 5 days of completion of the Services, the Undersigned
must notify Aftermath in writing of any deficiencies in the Services or objections to the Charges or the
Aftermath, Inc. Page I of 4
TX Service Agreement
Undersigned
V 2 Property Attorney
Initials Owner's Initials
Initials
Services and Charges will be deemed satisfactory to Undersigned. In the event written notice of a deficiency
is given, Aftermath shall use reasonable efforts to resolve any deficiencies to the reasonable satisfaction of
Undersigned. In the event any claimed deficiency cannot be resolved, the Undersigned will be responsible
for the Charges in any event, provided Aftermath has performed the Services in a workmanlike manner.
5. Proverty Damage. Undersigned acknowledges that prior to the engagement of Aftermath,
or during the course of rendering the Services, the Property or personal property located therein may have
been or will be damaged. Undersigned hereby authorizes Aftermath to modify the Property as Aftermath
sees fit in order to render the Services unless Undersigned notifies Aftermath to the contrary in writing.
Attached hereto as Attachment C, which is hereby incorporated herein by reference, is a "Personal Property
Disposal Statement." Undersigned hereby authorizes Aftermath to dispose of any personal property set forth
on such Personal Property Disposal Statement.
6. Hold Harmless. Aftermath shall be responsible for damages caused by the acts or omissions
of its officers, employees, and agents occurring in the performance of this Agreement. The Undersigned shall
be responsible for damages caused by the acts or omissions of its officers, employees, and agents occurring
in the performance of this Agreement. Both parties shall further indemnify and hold harmless each other and
their respective officers and employees from and against any and all losses, damages, actions, claims, suits,
judgments, and liability in connection with the loss of life, personal injury, and/or damage to property arising
from or out of any negligent occurrence, conduct or operation of, or by each party in regards to this
Agreement.
7. Limitation of Dama•aes. In the event of a breach by Aftermath of its duties under this
Agreement or a defect in workmanship manner or material provided by Aftermath, and such breach or
defect is not caused by Aftermath's willful or wanton acts or omissions, or gross negligence, Aftermath's
sole responsibility shall be to reimburse to Undersigned the actual costs incurred by Undersigned for its
Service, less the value of Services and materials provided in compliance with this Agreement. EXCEPT AS
SET FORTH IN THIS PARAGRAPH, IN NO EVENT SHALL AFTERMATH BE LIABLE TO
UNDERSIGNED FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, OR FOR ANY DAMAGES RESULTING FROM AFTERMATH'S BREACH OF THIS
AGREEMENT, WHETHER SUCH CLAIM IS BASED ON CONTRACT, TORT (INCLUDING
NEGLIGENCE), ANY THEORY OF STRICT LIABILITY, OR REGULATORY ACTION.
8. Construction and Interpretation. If any provision of this Agreement or the application
thereof shall be found to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement
and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by
law. The parties agree that the provisions of this Agreement will be construed, governed and enforced in
accordance with the laws of the State of Texas.
9. Force Majeure. The obligation of the parties to perform under this Agreement (but not the
obligation of Undersigned to pay for Services or materials already rendered or provided) will be suspended
and excused to the extent that either party is prevented from performing because of any act beyond its
reasonable control, including, without limitation: an act of God, earthquake, fire, flood, blizzard or perils of
any sort; malicious mischief, riots, strikes, lockouts, war, restrictions placed by any governmental authority
and any similar cause beyond either party's reasonable control. Any party affected by an event of force
majeure will give reasonable notice of the occurrence of such event to the other party.
Aftermath. Inc.
TX Service Agreement Page 2 of 4
Undersigned Property Attorney
Initials Owner's Initials
Initials
10. Notices. Any notice required or desired to be served, given or delivered hereunder shall be in
writing, and shall be deemed to have been validly served, given or delivered upon the earlier of (a) personal
delivery to the address set forth below, (b) in the case of facsimile transmission, when transmitted, and (c) in
the case of mailed notice, three (3) days after deposit in the United States mails, with proper postage for
certified mail, return receipt requested, prepaid, or in the case of notice by Federal Express or other reputable
overnight courier service, one (1) Business Day after delivery to such courier service, addressed to the party
to be notified as follows: (i) if to Aftermath, at: P. O. Box 916, Oswego, Illinois 60543-0916; (ii) if to
Undersigned, at:
Address / ' R r 4.4 %t/,4!2g
Po. $bx 000 162-i3*h 5T.
City L,j b boc-rc St T ZIP ql-157
Telephone No. J,� r'i 75-257a Facsimile No. goG • 775 -33 3 g
or to such other address as each party designates to the other in the manner herein prescribed.
11. Entire Aereement. This Agreement, together with the referenced attachments, constitutes
the entire agreement among the parties with respect to the subject matter hereof, and supersedes all prior
written or oral understandings, discussions and agreements with respect thereto. This Agreement may be
amended or modified only by mutual agreement of the parties evidenced in writing and signed by the party to
be charged therewith.
12. Counterparts. This Agreement and any amendment or supplement hereto or any waiver
granted in connection herewith may be executed in any number of counterparts and by the different parties
on separate counterparts and each such counterpart shall be deemed to be an original, but all such
counterparts shall together constitute but one and the same Agreement. Fax signatures shall be deemed as
legally effective as a signed original.
Aftermath, Inc.
Tx Service Agreement
v.2
V40 y
Undersigned Property Attorney
Initials Owner's Initials
Initials
Page 3 of 4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Day:
UNDERSIGNED:
Signature
Mayor
Title/ Relationship to Property Owner
PROPERTY OWNER'S SIGNATURE:
�-i 1�
Signature
ATTORNEY SIGNATURE:
Print Name
Date
AT T:
Rebe ca Garza, City S t
etary
Signature Print Name Date
By initialing the box you hereby acknowledge you
are the property owner and you do not have a spouse.
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AFTERMATH, INC.:
Si
Aftermath, Inc.
TX Service Agreement
v.2
Print Name
Date
Page 4 of 4
i . isZbl&)&
Print Name
Date
Signature Print Name Date
By initialing the box you hereby acknowledge you
are the property owner and you do not have a spouse.
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AFTERMATH, INC.:
Si
Aftermath, Inc.
TX Service Agreement
v.2
Print Name
Date
Page 4 of 4
Resolution No. 2009—R0057
SERVICES AGREEMENT
Attachment A
Services
Real Property Address: b 1),4 V 1 Ua, Off!5r Cf07-9 k,
Lv66ac_(c, TX 71'Lll(
Description of Services,::
Undersigned Property Attorney
Aftermath, Inc. initials owner's Initials
TX Service Agreement Initials
v.2
SERVICES AGREEMENT
Attachment B
Statement of Services
Hourly Rate
One certified supervisor:
Each certified technician:
Job set-up and preparation:
Disposal Charges
Bio -hazard sealed containers:
[Disposal and Transportation charges per container]
Dumpster — [as applicable]
[Cost based upon actual cost to acquire dumpster by Aftermath]
Supplies
Supplies will average between 20% and 40% of the bill.
[Special Equipment or Supply Charges are based on actual costs]
Equipment
Equipment flat rate:
Fuel Surcharge:
Extraneous expenses and overhead charges —10%0 of subtotal
Resolution No. 2009-RU057
$285.00
$265.00
$395.00
$221.00
$350.00
$135.00
Customer is responsible for all applicable State, County and Municipal sales tax
Undersigned Property Attorney
Initials Owner's Initials
Initials
By initialing below 1 understand that no estimate has been given.
fs.
Undersigned Property Attorney
Initials Owner's Initials
Initials
Aftermath, Inc.
TX Service Agreement
v.2
Resolution No. 2009—R0057
SERVICES AGREEMENT
Attachment C
Personal Property Disposal Statement
Personal Property to be disposed of by Aftermath:
Aftermath, Inc.
TX Service Agreement
v.2
Undersigned Property Attorney
Initials Owner's Initials
Initials