Res 194-83 10/4/1983RESOLUTION NO. /72/ d
RESOLUTION APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH THE INDI-
VIDUAL DEVELOPMENT CENTER, INC. , FOR CONTINUA-
TION OF MAINTENANCE AND CLEAN-UP SERVICES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
That certain contract, a copy of which is attached hereto, between the
City of Wichita Falls and the Individual Development Center, Inc. , for main-
tenance and clean-up services of certain City properties by vocationally handi-
capped persons, is hereby approved, and the City Manager is authorized to
execute the same for the City of Wichita Falls.
PASSED AND APPROVED this the 4th day of October, 1983.
A' IR
ATTEST:
J
City Clerk
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
THIS CONTRACT made and entered into as of the 1st day of October, 1983 by
and between the Individual Development Center, Inc. , hereinafter called "IDC, " and
the City of Wichita Falls, hereinafter called "City."
WITNESSETH:
I .
IDC, as an independent contractor, hereby agrees to employ one crew of
vocationally handicapped persons composed on one (1 ) supervisor and four (4) to
five (5) vocationally handicapped employees . This crew will carry out assigned
work authorized by the City of Wichita Falls, which may include but will not be
limited to:
cleaning and sweeping curbs and gutters;
picking up litter and debris;
storm drain clearing and cleaning;
removing growth from concrete and other surfaces;
and
light brush or shrub cutting to eliminate hazards .
II .
The IDC crew supervisor will accept work assignments from the City of
Wichita Falls. The IDC crew supervisor shall provide satisfactory documentation
for all Extended Rehabilitation Services reports, including but not limited to
daily work/task location logs and time sheets. The IDC crew supervisor will
work forty (40) hours a week, and the crew members will each work a maximum of
thirty-five (35) hours weekly. Training for the supervisor and employees will
be provided by the City. All tools and materials needed to carry out this agreement
will be supplied by the City.
III .
IDC will be responsible for completing work assignments thoroughly and
satisfactorily, with the acceptability of the work performed to be determined by
the City. IDC will be responsible for informing the Extended Rehabilitation
Services supervisor at the Texas Rehabilitation Commission of work assignments.
At the City's option, cost-effectiveness analyses of the IDC services performed
hereunder may be conducted; such cost-effectiveness analyses will be the result of
joint efforts between the City and IDC with the City determining the time frame
in which the analyses shall be accomplished.
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IV.
IDC will bill Texas Rehabilitation Commission monthly for standard agency
reimbursement of each month 's Extended Rehabilitation Services fees . The City
shall reimburse IDC all remaining contract costs (such as payroll , accounting,
supervisory overhead, and administrative services) payable at the rate of $3.747
per man hour of direct labor documented by IDC according to standard accounting
practices and billed on a monthly basis .
V.
IDC will assure that a vehicle is available for the transportation of IDC
employees from a predetermined location(s) to assigned work sites . The vehicle
will be stored, maintained and fueled at the expense of the City. The vehicle
will be insured by or on behalf of its owner. The vehicle will be well marked to
identify the contract services performed hereunder by the Individual Development
Center.
VI .
IDC shall operate hereunder as an independent contractor as to all rights
and privileges herein contained, and nothing herein shall be construed as creating
a partnership or joint enterprise between IDC and the City. IDC further covenants
and agrees to indemnify, hold harmless and defend the City and its respective agents,
servants and employees from and against any and all claims for damages or injuries
to persons or property to whatsoever kind of character, whether real or asserted,
arising out of or incident to IDC's operations arising under or incident to the
provisions of this contract; and IDC hereby assumes as between the parties to this
contract all liability and responsibility for injuries, claims or suits for damages
to persons or property of whatsoever kind or character, whether real or asserted,
occurring during the term of this agreement arising out of or by reason of IDC's
operations arising under or otherwise incident to the provisions of this contract.
IDC further agrees to purchase and have in effect the following:
1 ) Worker's compensation insurance for all employees; and
2) Automobile liability for IDC-owned vehicles with limits of
250,000/$500,000 bodily injury; $100,000 property damage;
2,500 medical payments and $10,000/$20,000/$5,000 uninsured
motorist protection; and
3) Comprehensive general liability insurance with bodily injury
limits of $100,000 per person or $300,000 per occurrence and
V.
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property damage limits of $100,003 per occurrence, or,
comprehensive general liability insurance limited to $300,000
single limit property damage or bodily injury; and
4) Excess umbrella liability insurance in the amount of $1 ,000,000.
The policies of insurance stated in Section VI (2) , (3) and (4) shall
state that the City is additionally insured and that no term of policy will
be altered, nor will the policy be cancelled without thirty (30) days written
notice to the City. A certificate of insurance shall be filed with the City on
each policy of insurance stated in Section VI (2) , (3) and (4) .
VII .
This agreement is effective from and on October 1 , 1983, and will remain
in effect until September 30, 1984. This agreement may be terminated at any time
with thirty (30) days written notice by one party to the other party.
VIII .
Not withstanding anything in this contract to the contrary, both parties
specifically agree that the total maximum liability of the City under this
contract for salaries, overhead, expenditures, materials, supplies, and all other
items shall not exceed the sum of Twenty-Four Thousand Two Hundred Forty-Three
24,243.00) Dollars.
Executed in duplicate originals the date first above mentioned.
CITY OF WICHITA FALLS, TEXAS
BY:
James Berzina, City Manager
ATTEST:
Wilma Thomas, City Clerk
APPROVED:
H. P. Hodge, Jr. , City Attorney
ATTEST INDIVIDUAL DEVELOPMENT CENTER, INC.
BY:
Richard F. Weber
Executive Director