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HomeMy WebLinkAboutPR 22144: RENEWAL AGREEMENT WITH JOEY'S TRACTOR SERVICE FOR JADE AVE. AND SPUR 93 BUISNESS PARKS ., lc o 1-7 PORT*ARTHUR ONOMIC DEVELOPMENT CORPORATIO\ INTEROFFICE MEMORANDUAM Date: September 20, 2021 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager \ From: Floyd Batiste, CEO Port Arthur EDC Y-13 RE: PR 22144—First Renewal of Agreement with Joey's Tractor Service for the Jade Avenue and Spur 93 Business Parks Introduction: The intent of this Agenda Item is to seek City Council's approval for the Port Arthur EDC to renew for 1 year the contract with Joey's Tractor Service of Port Arthur, Texas for grass cutting services at the Jade Avenue and Spur 93 Business Parks. Background: Per Resolution No. 20-332 the PAEDC Board of Directors amended the current contract for lawn maintenance with Joey's Tractor Service to include the Jade Ave business park. The contract covered a one(1) year period with the option to renew for two (2) additional 1-year periods. Budget Impact: The budgetary Impact of$30,250.00 will be funded via account#120-80-625-5479-00-00-000. Recommendation: It is recommended that the City Council of the City of Port Arthur authorize the Port Arthur EDC to renew the contract with Joey's Tractor Service for one(1) year with the option to renew for an additional one(1) year period. P.R. NO . 22144 09/16/2021 raj RESOLUTION NO . A RESOLUTION AUTHORIZING THE SECOND YEAR (FIRST RENEWAL) OF THE CONTRACT WITH JOEY' S TRACTOR SERVICE, OF PORT ARTHUR, TEXAS AND THE CITY OF PORT ARTHUR SECTION 4A ECONOMI : DEVELOPMENT CORPORATION FOR GRASS CUTTING SERVICES LT THE SPUR 93 AND JADE AVENUE BUSINESS PARKS NOT TO :EXCEED $30 ,250 . 00 ; FUNDS AVAILABLE IN EDC ACCOUNT NUMBER 12C-80-625-5479-00-00-000 WHEREAS , the City Council for the City of Port Arthur per Resolution 20-332 approved the City of Port Arthur Section 4A Economic Development Corporation ("PAEDC") to amend the current contract with Joey' s Tractor Service to include the grass cutting at the Jade Avenue Business Park at a cost of $27 . 50 per acre; and WHEREAS, the contract was for a period of twelve (12) months with an option to renew for two (2) additional one (1) year periods, and WHEREAS, the contract renewal with Joey' s Tractor Service for a period of twelve (12) months was to start in April 2021 and Joey' s Tractor Service is willing to honor the terms of the original contract for this option to renew for one (1) additional one (1) year period until April 2022, which was approved by the PAEDC Board of Directors at their September 13, 2021 regular Board meeting. NOW THE-2.EFOPE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1 . That the facts and opinions in the preamble are true and correct . Section 2 . That City Council hereby approves the first renewal of the contract with Joey' s Tractor Service of Port Arthur, Texas, for grass cutting services for the City of Port Arthur Section 4A Economic Development Corporation, with a projected budgetary impact of $30, 250 . 00 . Section 3 . That a copy of this Resolution shall be spread upon the Minutes of the City Council . READ, ADOPTED, AND APPROVED, this day of 2021 AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote : AYES : Mayor: • Councilmembers : ; NOES : - Thurman Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED: 7 di,/ D,, Floyd Batiste, PAEDC CEO APPROVED AS TO FORM: C7:;24 Frank Gar DC Interim Attorney Valecia R. Ti eno, City Attorney APPROVED AS TO AVAILABILITY OF FUNDS: Kandy Dan els, Interim Finance Director Exhibit "A" CONTRACT FOR THE MOWING OF THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION SPUR 93 BUSINESS PARK AND THE JADE AVENUE BUSINESS PARK THIS CONTRACT, made the day of ,2021, by and between the City of Port Arthur Section 4A Economic Development Corporation, organized under the laws of the State of Texas (the "OWNER") and Joey's Tractor Service (the "CONTRACTOR"). In consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follow: 1. The term of this amended Contract shall be from October 1, 2021 to April 30, 2022, with an option to renew for One(1) additional one(1) year periods. 2. Scope of Work: The CONTRACTOR shall furnish all supervision, labor, materials, machinery, tools equipment, fuel, and service, to perform and complete all work in an efficient and workman-like manner as specified in the Specifications below. 3. Specifications for Mowing of the Spur 93 Business Park and the Jade Avenue Business Park: a. The OWNER's business parks are located at 9555 West Port Arthur Road and 9055 Jade Avenue. b. CONTRACTOR will be cutting approximately 103 acres at the Spur 93 Business Park, and 97 acres at the Jade Avenue Business Park. c. All litter and debris shall be picked up prior to mowing and then immediately following the actual mowing and trimming. This is to retrieve any litter missed the first time and cut into small pieces by the mower. d. Litter and debris shall be disposed of properly, off site, at the CONTRACTOR's expense. e. Litter and debris shall be defined as an object not intentionally placed at project site for a specific purpose. This shall include but not be limited to paper, wrappers, cans, bottles, building materials, disposable diapers and cigarette butts found on the grounds and all objects found in trash receptacles. This shall also include items produced from a maintenance task such as moving and/or landscaping. f. Sweep or blow clean all sidewalks and/or concrete areas affected by work. No grass clippings shall be placed or blown into City's Drainage culverts or in the streets. g. Entrance roads, approaches, and/or driveways are to be maintained, where applicable. h. CONTRACTOR shall neatly trim (cut and/or use a weed-eater), along sidewalks and curbs. i. The OWNER will call CONTRACTOR to cut grass on an as needed basis. OWNER estimates two cuts per month,however, it may be more. j. Work must be completed within seven (7) calendar days of issuance, unless the OWNER grants an extension. k. Acreage of property will decrease as Business Park is developed. CONTRACTOR is not responsible for the newly developed property. 1. CONTRACTOR will be responsible for any damages to City properties and/or structures. m. Ruts caused by CONTRACTOR's equipment shall be filled at CONTRACTOR's expense. n. Time extensions may be granted due to inclement weather or other act of nature only when CONTRACTOR request for such extension is submitted to the City's representative. 4. The CONTRACTOR will perform mowing, trimming and removal of litter and debris at the OWNER'S Spur 93 Business Park and Jade Avenue Business Park as set forth above on an as-need basis at the rate of$27.50 per acre. 5. Termination for Cause: If, through any cause, the CONTRACTOR, shall fail to fulfill in a timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this Contract, the OWNER shall thereupon have the right to terminate this Contract by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the OWNER for damages sustained by the OWNER by virtue of any breach of the Contract by the CONTRACTOR and the OWNER may withhold any payments to the CONTRACTOR for the purpose of set-off until such time as the exact amount of damages due to the OWNER from the CONTRACTOR is determined. 6. Termination for Convenience: The OWNER may terminate this Agreement at any time giving at least thirty (30) says notice in writing to the CONTRACTOR. If the Contract is terminated by the OWNER as provided herein, the CONTRACTOR will be paid for the service that it has performed up to the termination date. If the Contract is terminated due to fault of the CONTRACTOR, the previous paragraph (Paragraph 5) shall apply. 7. Insurance: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by OWNER. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this Contract, whether the operations be by himself or by an subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits: a. Standard Worker's Compensation Insurance: b. Commercial General Liability occurrence type insurance OWNER, its officers, agents, and employees must be named as additional insured): i. Bodily injury$500,000 single limit per occurrence or$500,000 or less; or Bodily injury $1,000,000 single limit per occurrence or $500,000 each person/$1,000,000 per occurrence for contracts in excess of $100,000; and ii. Property Damage $100,000 per occurrence regardless of contract amount; and iii. Minimum aggregate policy year limit of $1,000,000 for contracts of $100,000 or less; or Minimum aggregate policy year limit of $2,000,000 for contracts in excess of$100,000. c. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). i. Minimum combined single limit $500,000 per occurrence, for bodily injury and property damage. ii. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. 8. Indemnification: THE CONTRACTOR SHALL FULLY INDEMNIFY AND HOLD HARMLESS PAEDC AND ITS OFFICIALS AND EMPLOYEES INDIVIDUALLY OR COLLECTIVELY, FROM AND AGAINST ANY AND ALL COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, PROCEEDINGS, ACTIONS, CAUSES OF ACTION, LIABILITIES, AND SUITS OF ANY KIND AND NATURE, INCLUDING, BUT NOT LIMITED TO, PERSONAL OR BODILY INJURY OR DEATH AND PROPERTY DAMAGE MADE UPON PAEDC DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM, OR RELATED TO THE CONTRACTOR'S ACTIVITIES UNDER THIS CONTRACT, INCLUDING ANY ACTS OR OMISSIONS OF THE CONTRACTOR, ANY AGENT, OFFICER, REPRESENTATIVE, EMPLOYEE, OR SUBCONTRACTOR OF THE CONTRACTOR, AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, AND REPRESENTATIVES WHILE IN THE EXERCISE OR PERFORMANCE OF THE RIGHTS AND DUTIES UNDER THIS CONTRACT, ALL WITHOUT, HOWEVER, WAIVING IMMUNITY AVAILABLE TO PAEDC UNDER STATE LAW AND WITHOUT WAIVING ANY DEFENSE OF THE PARTIES UNDER STATE LAW. THE PROVISIONS OF THIS INDEMNITY ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTED OR OTHERWISE, TO ANY PERSON OR ENTITY. CONTRACTOR SHALL PROMPTLY ADVISE PAEDC IN WRITING OF ANY CLAIM OR DEMAND AGAINST PAEDC OR THE CONTRACTOR KNOWN TO THE CONTRACTOR RELATED TO OR ARISING OUT OF THE CONTRACTOR'S ACTIVITIES UNDER THIS CONTRACT. 9. This Contract shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 10. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, duplicate copies of the Contract each of which shall be deemed an original on the first above written. Signed on the day of , 2021. City of Port Arthur Section 4A Economic Development Corporation Darrell Anderson, President ATTEST: Jerry LaBove, Secretary Signed on the day of , 2021. Joey's Tractor Service By: Signed on the day of , 2021.