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Res 104-2022 Work Services Contract 2023 09/06/2022 Resolution No. 104-2022 Resolution authorizing the City Manager to execute a contract with Work Services Corporation for services provided by vocationally handicapped persons, in a total amount not to exceed $142,116 WHEREAS, the City Council of Wichita Falls desires to contract with the Work Services Corporation for services provided by vocationally handicapped persons during October 10, 2022 ending on October 10, 2025 with a 2-year optional renewal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to execute the attached Contract with Work Services Corporation for services provided by vocationally handicapped persons for the 2021-22 fiscal year, in a total amount not to exceed $142,116, with such changes as are approved by the City Attorney. PASSED AND APPROVED this the 6th day of September, 2022. i4 ' 0 -- MAYOR ATTEST: City Clerk CITY OF WICHITA FALLS CONTRACT FOR WORK SERVICES CORPORATION EMPLOYEES THIS AGREEMENT IS MADE by and between the City of Wichita Falls in the State of Texas, hereinafter called the City; and Work Services Corporation, hereinafter called the Contractor. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the City, and the Contractor mutually agree as follows: AGREEMENT Article 1. Contract Period This contract becomes effective on October 10, 2022 and end on October 10, 2025 unless termination occurs as otherwise provided in this agreement. There will be one two (2) year renewal options under the same terms and conditions. Such renewal option shall be at the option of the City of Wichita Falls. Article 2. Scope of Work The Contractor agrees to provide the City with employees to include persons with disabilities to conduct the following duties: a. Cleaning and sweeping curbs and gutters b. Picking up litter and debris c. Power hand mowing d. Power hand trimming e. Clearing and cleaning storm drains f. Removing growth from concrete and other surfaces g. Cutting brush and shrubs h. Other general cleaning and maintenance of property using hand tools The program of work for the employees will be as follows: a. Under the supervision of the Streets Department, one (1) employee will be utilized for janitorial services twenty (20) hours per week, excluding Holidays. b. Under the supervision of the Parks Department, three (3) employees will be utilized twenty-four (24) hours per week, and two (2) employees will be utilized forty (40) hours per week, excluding Holidays and rain days. Should the Parks Maintenance Superintendent determine that fewer or additional employees are needed during a work week, he shall notify the Contractor of such no less than forty-eight (48) hours in advance. Page I 1 Article 3. Compensation The City shall reimburse the Contractor for costs of services provided by Contractor's employees who are covered by the Affordable Care Act at a rate of $19.50 per hour, and at $12.75 per hour for its employees not covered by the Affordable Care Act. All reimbursements of direct labor will be documented by the Contractor according to standard accounting practices and billed on a monthly basis. The hourly rate shall be adjusted, if necessary, to comply with any federal increases in the minimum wage rate. However, the total annual payment based on hours to the Contractor shall not exceed $118,963, unless mutually agreeable to both parties. Further, the City will be responsible for any paid holidays, sick leave, or vacation days in an amount not to exceed $23,153.00. Effective as of each anniversary date of the commencement of the term, the annual prices may be increased up to 1.5% of the then-current price agreeable to both parties. Article 4. Supervision, Training, and Equipment The City shall provide supervision for all contract work. The training for all employees will be provided by the City. The City shall provide a vehicle for the transportation of workers to the job site. The vehicle shall be stored, maintained and fueled at the expense of the City. The City shall supply any additional vehicles, tools or materials needed to carry out this agreement. However, the City may accept any donations of tools and other materials that may be authorized by other agencies designed for the use of persons with disabilities Article 5. Work Assignments and Locations The Contractor t actor shall be responsible for completing work assignments thoroughly and P P g 9 g Y satisfactorily, with the acceptability of the work performed to be determined by the City. At the City's option, cost-effectiveness analyses of the Contractor's services performed hereunder may be conducted. Such cost-effectiveness analyses shall be the result of joint efforts between the City and the Contractor, with the City determining the time frame in which the analyses shall be accomplished. The Street Department employee shall report to work at 10:00 a.m. at 200 Van Buren. Parks Department employees shall report to work at 7:00 a.m. at the Park Maintenance Shop area located at 3315 Ninth Street. Starting time may be adjusted upon mutual agreement of both parties. Article 6. Subcontracts The Contractor shall not sublet or transfer any portion of the work authorized in this contract unless specifically authorized to do so, in writing, by the City. Subcontractors shall comply with the provisions of this contract. No subcontract will relieve the Contractor of its responsibility under this contract. Article 7. Changes in Work The City may from time to time, request changes in the Scope of Services of the Contractor as may be mutually agreed to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the City and the Contractor, shall be incorporated in written amendments to the contract. Page 2 Article 8. Amendments If the Contractor finds that any work requested under this agreement will change the scope, character, complexity, or nature of the work, the time period, the method of payment, or the maximum cost hereunder, a written amendment must be executed within the time period established in Article 1, Contract Period. Article 9. Insurance The Contractor must provide the City with proof of insurance coverage before beginning work in the following amounts: General Public Liability Insurance of at least $1 ,000,000 combined single limit per occurrence. The policy shall name the City of Wichita Falls as an additional insured, be on the commercial general liability form, and include a waiver of subrogation against Contractor and its officers, agents, and employees. The policy shall provide a products/completed operations endorsement and coverage for contractual liability and acts of independent Contractor. Comprehensive Motor Vehicle Liability Insurance on all vehicles used in connection with the contract, whether owned, non owned or hired as follows: $250,000 for injuries to one person per occurrence; $500,000 for injuries to all persons in a single occurrence per occurrence; and $100,000 for property damage per occurrence, OR $600,000 combined single limit per occurrence. The policy shall name the City of Wichita Falls as an additional insured and include a waiver of subrogation against Contractor and its officers, agents, and employees. Article 10. Reporting The Contractor shall promptly advise the City in writing of events which have a significant impact upon the work performed under this agreement, including: 1 . Problems, delays, or adverse conditions which will materially affect the Contractor's ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods. This disclosure shall be accomplished by a statement of the action taken or contemplated and any City assistance needed to resolve the situation. 2. Favorable developments or events that enable meeting time schedules and goals sooner than anticipated or producing more work units than originally projected. Article 11. Indemnification Contractor Page 3 The Contractor agrees to indemnify and save harmless the City and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this contract and which are caused by or result from error, omission, or negligent act of the Contractor or of any person employed by the Contractor. The Contractor shall also indemnify and save harmless the City from any and all expense, including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such activities by the Contractor or its employees. The Contractor further agrees to indemnify and save harmless the City from and against all claims, demands, and causes of action of every kind and character brought by any employee of the Contractor against the City due to personal injuries and/or death to such employee resulting from any alleged negligent act by either commission or omission on the part of the Contractor. Article 12. Conflict of Interest The undersigned represents that its company has no conflict of interest that would in any p p Y a Y way interfere with its or its employees' performance of services for the City or which in any way conflicts with the interests of the City. The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the City's interests. Contractor shall provide the City with a completed Form 1295 before beginning work. Article 13. Termination This agreement may be terminated before the completion date established in Article 1, Contract Period, by any of the following: A. By either party with 90 days' notice. B. By the City, via written notice to the Contractor, as a consequence of failure by the Contractor to perform the services herein set forth in a satisfactory manner and within the limits provided, with proper allowances being made for circumstances beyond the control of the Contractor. C. By either party upon the failure of the other party to fulfill its obligations as set forth in the Scope of Work, via written notice one to the other establishing the effective date of termination. D. By satisfactory completion of all services and obligations described herein. Should the City terminate this agreement, no costs other than costs due and payable at the time of termination shall thereafter be paid to the Contractor. In determining the value of the workperformed bythe Contractor prior o to termination, the Citywill consult with the Contractor, P but the City shall be the sole judge. Payment for eligible costs incurred pursuant to a notice of termination will be based on work completed at that time. Should the Contractor default in performance of this agreement or if the City terminates the agreement for fault on the part of the Contractor, in determining payment, the City will give consideration to the actual services or products provided up to the date of default, the costs to the City of employing another firm to complete the required work and the time required to Page 4 do so, and other factors which affect the value to the City of the work performed at the time of default. Article 14. Disputes If a dispute arises about the services authorized under this agreement, the Contractor shall immediately notify the City. Every effort shall be made to resolve the dispute. If, however, the dispute cannot be settled in an amount of time deemed reasonable by the City, the City will terminate this agreement in accordance with Article 13, Termination. Article 15. Remedies Violations or breach of the terms of this agreement by the Contractor shall be grounds for termination of the contract. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed by either party and shall be cumulative. Article 16. Compliance with Laws The parties shall comply with all applicable federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this contract, including, without limitation, worker's compensation laws, minimum and maximum salary wage statutes and regulations, licensing laws and regulation, and nondiscrimination laws. When required, the parties shall furnish each other with satisfactory proof of compliance. Article 19. Successors and Assigns The City and Contractor do each hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this contract. Article 20. Waiver of Attorneys' Fees If any action at law or in equity is necessary to enforce this agreement, each party agrees to pay its own attorneys' fees and will not seek to recover its own attorneys' fees from the other party. CONTRACTOR understands that Texas Local Government Code subchapter I, § 271.153(a)(3) provides that the total amount of money awarded in an adjudication brought against a governmental entity for breach of a contract includes attorneys' fees. Both CONTRACTOR and CITY expressly waive all statutory and other rights to recover attorneys' fees pursuant to in § 271.153(a)(3) and all other law. Article 21. Governmental Function Clause All parties agree that this contract is one wherein the CITY is solely performing a governmental function. All parties expressly agree that the City is not engaging in any propriety functions. Article 22. Contractual Damages Limitations Clause All parties agree that damages in this contract are limited only to those authorized under Texas Local Government Code Section 271.153. Specifically, the City is not liable for consequential damages or exemplary damages. Page 5 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives in one or more counterparts, each of which shall be deemed an original, effective as of the Effective Date. City of ichita F s Work Services Corporation Dacron J. '� '- Ben Ezell a/ City M ager VP Operations Attest: Ci Clerk Approved as to form: divAitornef -r Page 16