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Res 171-82 10/5/1982RESOLUTION NO. /7/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 BOARD OF ALDERMEN 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 5th day of October, 1982. AYOR ATTEST: Page 2 of 5 Pages Agenda Item No.11.b. 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, 1982 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 Rehabilita- tion 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 Page 3 of 5 Pages Agenda Item No.11.d. 2- the City determining the time frame in which the analyses shall be accomplished. 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 convenants 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 what- soever 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 pro- perty 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 Page 4 of 5 Pages Agenda Item No. ll.d. 3- limits of $100,000 per person or $300,000 per occurance and property damage limits of $100,000 per occurance, or, comprehensive general liability insurance limited to $300,000 single limit property damage or bodily injury; and r in the amount of $1 ,000,000.4) Excess umbrella liability insurance t e a 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 , 1982, and will remain in effect until September 30, 1983. 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 ($24,000.00) Dollars. Executed in duplicate originals the date first above mentioned. CITY OF WICHITA FALLS, TEXAS ATTEST: BY: Stuart A. Bach, City Manager Wilma Thomas, City Clerk APPROVED: H. P. Hodge, Jr. , City Attorned ATTEST: INDIVIDUAL DEVELOPMENT CENTER, INC. BY: Richard F. Weber, Executive Director Page 5 of 5 Pages Agenda Item No.11.d.