R-99-02-11-11A5 - 2/11/1999RESOLUTION NO. R- 99- 02- 11 -11A5
WHEREAS, the City of Round Rock has a need for drainage way
mowing and tree clearing, and
WHEREAS, pursuant to Section 252.022(a) (13) of the Local
Government Code, bids were not required, and
WHEREAS, Easter Seals - Central Texas has submitted a State Use
Contract to provide said mowing and tree clearing, and
WHEREAS, the City Council wishes to enter into said contract
with Easter Seals - Central Texas, Now Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a State Use Contract with Easter Seals - Central
Texas for drainage way mowing and tree clearing, a copy of said
contract being attached hereto and incorporated herein for all
purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolutione was adopted was posted and that such meeting was open to
the public as required by law at all times during which this Resolution
and the subject matter hereof were discussed, considered and formally
acted upon, all as required by the Open Meetings Act, Chapter 551,
Texas Government Code, as amended, and the Act.
RESOLVED this llth day of Febru �;/ 19 9 .
CHARLES CULPEPPER, Mayor
A EST: / City of Round Rock, Texas
NE LAND, City Secretary
K:\ WPDOCS \R850DUTI \R90213A5.WSD /ecg
THIS CONTRACT AND AGREEMENT is entered into by and between the Receiving
Party and the Performing Party (Assigned Sheltered Work Center) pursuant to the authority
granted in compliance with the provisions of Chapter 122, Human Resources Code, and certified
by Texas Industries for the Blind and Handicapped (TIBH) as a contract in compliance with the
provisions of Chapter 122, Human Resources Code.
In consideration of the premises and of the mutual covenants and agreements of the parties
hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as
follows:
Article 1. CONTRACTING PARTIES
Receiving Party: City of Round Rock, Texas
Performing Party: Easter Seals - Central Texas
Article 2. CONTRACT PERIOD
STATE USE CONTRACT
AGREEMENT
tiV
This agr ment shall become effective and this contract shall begin on the / / —
day of the month of t 3uR 2 y , 1999, and shall end on the 30th day of the month of
September, 1999.
Article 3. SERVICES TO BE PERFORMED
The statement of services to be performed under this contract is as follows:
Removal of all marked trees and of weeds, and cutting of all other vegetation to a height of no
more than six (6) inches; such services to be performed at the following locations: Southcreek
Subdivision, Greenlawn Center Business Park (Oxford Boulevard), Metroparke (Old Settlers
Boulevard), and Lakecreek Center ( Lakecreek); with said drainage way clearing work to be done
for the City of Round Rock Public Works Department.
Article 4. CONTRACT AMOUNT
The total amount of this contract shall not exceed the sum of Twenty Seven
Thousand Six Dollars and 94/100 ($27,006.94).
Ci \18kr \,RW o /)k9
1
Article 5. PAYMENT FOR SERVICES
The Receiving Party shall pay to the Performing Party, or as directed to TIBH as
the assignee and servicing agent of Performing Party's interest in the payment under this contract;
and such payment shall be for goods and services received; and such payment shall be made upon
receipt of a proper invoice or voucher prepared by the Assigned Sheltered Work Center or TIBH;
and such payment shall be made within thirty (30) days from receipt of such proper invoice or
voucher.
Payment by the Receiving Party to the Performing Party shall be based upon bills
presented monthly, with billing based upon the actual performance of the specified drainage way
clearing work by location.
Article 6. TERMINATION
This agreement may be terminated by any one of the following conditions:
(1)
(2)
(3)
Article 7. REMEDIES
Article 8. SUBLETTING
Article 9. SUCCESSORS AND ASSIGNS
By mutual agreement and consent of both parties.
By the Receiving Party giving written notice to the Performing
Party as a consequence of failure by the Performing Party to
satisfactorily perform the services and obligations set forth in this
agreement, with proper allowances being made for circumstances
beyond the control of the Performing Party.
By either party upon thirty (30) days written notice to the other.
Violation or breach of contract terms by the Performing Party shall be grounds for
termination of the agreement, and any increased costs arising from the Performing Party's default,
breach of contract, or violation of terms shall be paid by the Performing Party. 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 of by either party and shall be cumulative.
The Performing Party shall not sublet or transfer any portion of its responsibilities
and obligations under this agreement unless specifically authorized to do so in writing by the
Receiving Party.
The Performing Party shall not assign or otherwise transfer its rights or obligations
under this agreement except with the prior written consent of the Receiving Party.
2
Article 10. LEGAL CONSTRUCTION
In the event that any one or more of the provisions contained in this agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provisions thereof and this agreement shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained
herein.
Article 11. GOVERNING LAWS AND VENUE
This agreement shall be construed under and in accordance with the laws of the
State of Texas. Any legal actions regarding the parties' obligations and any matters whatsoever
arising from this contract and agreement shall be filed and maintained in Williamson County,
Texas.
Article 12. PRIOR AGREEMENTS SUPERSEDED
This agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understandings or written or oral agreements between the parties respecting
the within subject matter.
Article 13. NOTICE TO PARTIES
Notice to be effective under this contract must be in writing and received by the
party against whom it is to operate. Notice is received by a party as follows: (1) when it is
delivered to the party personally; (2) on the date shown on the return receipt if mailed by
registered or certified mail, return receipt requested, to the party's address specified in this Article
13 and signed on behalf of the party; or (3) three business days after its deposit in the United
States mail, with first -class postage affixed, addressed to the party's address specified in this
Article 13. Any party may change its address by providing notice of such change in accordance
with the requirements of this Article 13.
The Receiving Party's address is as follows:
City of Round Rock, Texas
221 East Main Street
Round Rock, TX 78664
Attention: Public Works Department
3
The Performing Party's address is as follows:
Attention:
Article 14. MISCELLANEOUS
Each individual signing this contract on behalf of a party warrants that he or she
is legally authorized to do so and that the party is legally authorized to perform the obligations
undertaken.
This contract states the entire agreement of the parties, and an amendment to it is
not effective for any purpose unless in writing and signed by all parties.
interest.
This contract is binding on and inures to the benefit of the parties' successors in
IN WI LESS WHEREOF, the parties have signed duplicate originals of this
agreement on the 1/ - day of the month of FE62UHRy , 1999.
ATTEST:
ti 1 e /2 4af _
E LAND, City Secretary
PERFORMING PARTY
EASTER SEALS - CENTRAL TEXAS
By: C(�!G(D-yd
Title: — 2 41.4.1.40..v,#� CCD
Date: a - - 99
4
RECEIV .f PARTY
CITY ttO K, TEXAS
By:
CHARLES CUL EP R
Title: /
Date: O? — //_ 9 4
CERTIFICATIONS
THE UNDERSIGNED PARTIES do hereby certify that (1) the services specified above
are necessary and essential for activities that are properly within the statutory functions and
programs of the affected parties of Local and State Government, and (2) the services, supplies,
goods on contract are not required by Section 21 of Article XVI of the Constitution of the State
of Texas to be supplied under contract given to the lowest responsible bidder.
RECEIVING PARTY
Receiving Party further certifies that it has authority to contract for the above services by
authority granted by Section 122.004 and Section 122.005, Chapter 122, Human Resources Code.
CITY OF `SUND ROCK, TEXAS
By:
PERFORMING PARTY
CHARLES CULPEPPER, Mayor
The undersigned signatory for the Performing Party hereby represents and warrants
that he or she is an officer of the organization for which he or she has executed this contract; and
that such officer has full and complete authority to enter into this contract on behalf of the
Performing Party and has legal authority to perform the activities provided for herein.
EASTER SEALS - CENTRAL TEXAS
By: Ai/14) nia-W /urt%d v CtKJ
Authorized Sigry and'Title
CERTIFYING PARTY
TEXAS INDUSTRIES FOR THE BLIND AND
HANDICAPPED, INC. (TIBH)
By:
5
thorized ignatory and Title
Helping People With Disabilities Achieve Independence
Todd Keltgen
City of Round Rock - Public Works Dept
2008 Enterprise
Round Rock, TX 78664'
Re: Proposal to Clear Creeks
Dear Mr. Keltgen,
1 am pleased to have the opportunity to provide a bid proposal to perform the
first time cut of the City of Round Rock's creeks. The following work and
associated costs are presented for your consideration based on a one -time job
fee (with all work being conducted on a one -time basis). In additon, Easter
Seals will provide all necessary labor, materials, and insurance to meet your
Needs. If other equipment is needed, we will bill you at cost.
SCOPE OF WORK:
Cut Vegetation in creeks
Cut 20ft. on either side of creeks
Removal of Cut Vegetation'
Collection and Removal of all Debris
#1 Southcreek 174,800 sq. ft. $2,013.60
#2 Oxford Blvd. $3,424.00
(downstream from Oxford Blvd. to end of playground)
#3 Settlers Blvd. 136,400 sq. ft. $8,539.18
#4 Lake Creek 191,620 sq. ft. $13,030.16
Total Cost $27,006.94
Due to the extensiveness of the work involved, we would like to cost out
separately Oxford Boulevard (from the end of the playground to the end
of the creek). We recommend that the work be performed on this area
during the summer months to allow the creek to dry out If you desire a
separate proposal on this recommendation, feel free to contact me.
Capital Area Easter Seal Society
919 West 281/2 Street
Austin, Texas 78705-3595
512 478 -2581 Pediatric Center
512 440 -7819 Work Center
Fax: 512 476 -1638
January 27` 1999
I believe you will find Easter Seals is dedicated to providing quality
service to our clients and endeavors to exceed their expectations. If
you have any questions, feel free to call me at 244 -8228.
Sincerely,
Jean Wetmore, County Site Manager - Easter Seals
DATE: February 5, 1999
SUBJECT: City Council Meeting - February 11, 1999
ITEM: 11.A.5. Consider a resolution authorizing the Mayor to execute a
contract with the Capitol Area Easter Seals Society of Central
Texas for the drainage way mowing and tree clearing. Staff
Resource Person: Jim Nuse, Public Works Director.
Mayor
Charks Culpepper
Mayor Pro-tem
Robert StLrka
Connell Members
Earl M. Hairston
Rick Stewart
Earl Palmer
Martha Chavez
Jimmy Joseph
City Manager
Robert L. Bennett, Jr.
City Attorney
Stephan L Sheets
CITY OF ROUND ROCK
February 16, 1999
Capital Area Easter seal Society
Attn: Ms. Jean A. Wetmore
County Site Manager- Easter Seals
919 West 28 Street
Austin Texas 78705 -3595
Dear Ms. Wetmore:
The Round Rock City Council approved Resolution No. R- 99- 02- 11 -11A5
at their regularly scheduled meeting on February 11, 1999. This
resolution approves the State Use Contract with Easter Seals - Central
Texas for drainage way mowing and tree clearing.
Enclosed is a copy of the resolution and original agreement for your files.
If you have any questions, please do not hesitate to call.
Sincerely,
L {�J elAtAf "
Joanne Land
Assistant City Manager/
City Secretary
Enclosures
Fax: 512 -218 -7097
1- 800.7352989 TDD 1- 800 - 735 -2988 Voice
www.ei.round-recktx.us
221 East Main Street
Round Rack, Texas 78664
512.218 -5400
Article 1. CONTRACTING PARTIES
STATE USE CONTRACT
THIS CONTRACT AND AGREEMENT is entered into by and between the Receiving
Party and the Performing Party (Assigned Sheltered Work Center) pursuant to the authority
granted in compliance with the provisions of Chapter 122, Human Resources Code, and certified
by Texas Industries for the Blind and Handicapped (TIBH) as a contract in compliance with the
provisions of Chapter 122, Human Resources Code.
AGREEMENT
In consideration of the premises and of the mutual covenants and agreements of the parties
hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as
follows:
Receiving Party: City of Round Rock, Texas
Performing Party: Easter Seals - Central Texas
Article 2. CONTRACT PERIOD
This agreement shall become effective and this contract shall begin on the //
day of the month of FG6fuA2y , 1999, and shall end on the 30th day of the month of
September, 1999.
Article 3. SERVICES TO BE PERFORMED
The statement of services to be performed under this contract is as follows:
Removal of all marked trees and of weeds, and cutting of all other vegetation to a height of no
more than six (6) inches; such services to be performed at the following locations: Southcreek
Subdivision, Greenlawn Center Business Park (Oxford Boulevard), Metroparke (Old Settlers
Boulevard), and Lakecreek Center (Lakecreek); with said drainage way clearing work to be done
for the City of Round Rock Public Works Department.
Article 4. CONTRACT AMOUNT
The total amount of this contract shall not exceed the sum of Twenty Seven
Thousand Six Dollars and 94/100 ($27,006.94).
C: \ T81Cf \ABLOMOB.NP➢ /jke
1
Article 5. PAYMENT FOR SERVICES
The Receiving Party shall pay to the Performing Party, or as directed to TIBH as
the assignee and servicing agent of Performing Party's interest in the payment under this contract;
and such payment shall be for goods and services received; and such payment shall be made upon
receipt of a proper invoice or voucher prepared by the Assigned Sheltered Work Center or TIBH;
and such payment shall be made within thirty (30) days from receipt of such proper invoice or
voucher.
Payment by the Receiving Party to the Performing Party shall be based upon bills
presented monthly, with billing based upon the actual performance of the specified drainage way
clearing work by location.
Article 6. TERMINATION
Article 7. REMEDIES
This agreement may be terminated by any one of the following conditions:
Article S. SUBLETTING
(1) By mutual agreement and consent of both parties.
(2) By the Receiving Party giving written notice to the Performing
Party as a consequence of failure by the Performing Party to
satisfactorily perform the services and obligations set forth in this
agreement, with proper allowances being made for circumstances
beyond the control of the Performing Party.
(3) By either party upon thirty (30) days written notice to the other.
Violation or breach of contract terms by the Performing Party shall be grounds for
termination of the agreement, and any increased costs arising from the Performing Party's default,
breach of contract, or violation of terms shall be paid by the Performing Party. 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 of by either party and shall be cumulative.
The Performing Party shall not sublet or transfer any portion of its responsibilities
and obligations under this agreement unless specifically authorized to do so in writing by the
Receiving Party.
Article 9. SUCCESSORS AND ASSIGNS
The Performing Party shall not assign or otherwise transfer its rights or obligations
under this agreement except with the prior written consent of the Receiving Party.
2
Article 10. LEGAL CONSTRUCTION
In the event that any one or more of the provisions contained in this agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provisions thereof and this agreement shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained
herein.
Article 11. GOVERNING LAWS AND VENUE
This agreement shall be construed under and in accordance with the laws of the
State of Texas. Any legal actions regarding the parties' obligations and any matters whatsoever
arising from this contract and agreement shall be filed and maintained in Williamson County,
Texas.
Article 12. PRIOR AGREEMENTS SUPERSEDED
This agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understandings or written or oral agreements between the parties respecting
the within subject matter.
Article 13. NOTICE TO PARTIES
Notice to be effective under this contract must be in writing and received by the
party against whom it is to operate. Notice is received by a party as follows: (1) when it is
delivered to the party personally; (2) on the date shown on the return receipt if mailed by
registered or certified mail, return receipt requested, to the party's address specified in this Article
13 and signed on behalf of the party; or (3) three business days after its deposit in the United
States mail, with first -class postage affixed, addressed to the party's address specified in this
Article 13. Any party may change its address by providing notice of such change in accordance
with the requirements of this Article 13.
The Receiving Party's address is as follows:
City of Round Rock, Texas
221 East Main Street
Round Rock, TX 78664
Attention: Public Works Department
3
The Performing Party's address is as follows:
Attention:
Article 14. MISCELLANEOUS
Each individual signing this contract on behalf of a party warrants that he or she
is legally authorized to do so and that the party is legally authorized to perform the obligations
undertaken.
This contract states the entire agreement of the parties, and an amendment to it is
not effective for any purpose unless in writing and signed by all parties.
interest.
ATTEST:
This contract is binding on and inures to the benefit of the parties' successors in
IN WI LESS WHEREOF, the parties have signed duplicate originals of this
agreement on the 1I - day of the month of rebet./4Pt/ 1999.
PERFORMING PARTY
EASTER SEALS - CENTRAL TEXAS
By: Q1)A -L. -vt)
Title: `.I CGa
Date: o ? a - 99
4
RECEI .f PARTY
CITY DO K, TEXAS
By:
CHARLES CUL EP R
Title: n'1A
Date: o2_// -
CERTIFICATIONS
THE UNDERSIGNED PARTIES do hereby certify that (1) the services specified above
are necessary and essential for activities that are properly within the statutory functions and
programs of the affected parties of Local and State Government, and (2) the services, supplies,
goods on contract are not required by Section 21 of Article XVI of the Constitution of the State
of Texas to be supplied under contract given to the lowest responsible bidder.
RECEIVING PARTY
Receiving Party further certifies that it has authority to contract for the above services by
authority granted by Section 122.004 and Section 122.005, Chapter 122, Human Resources Code.
CITY OF UND ROCK, TEXAS
By:
PERFORMING PARTY
CHARLES CULPEPPER, Mayor
The undersigned signatory for the Performing Party hereby represents and warrants
that he or she is an officer of the organization for which he or she has executed this contract; and
that such officer has full and complete authority to enter into this contract on behalf of the
Performing Party and has legal authority to perform the activities provided for herein.
EASTER SEALS - CENTRAL TEXAS
By: 4.44) fil/ v (F�)
Authorized Signat ry an Title
5
CERTIFYING PARTY
TEXAS INDUSTRIES FOR THE BLIND AND
HANDICAPPED, INC. (TIBH)
By: f Z . 1 "fa /75 S /,,, )4
thorized ignatory and Title
•
The Performing Party's address is as follows:
Attention:
Article 14. MISCELLANEOUS
Each individual signing this contract on behalf of a party warrants that he or she
is legally authorized to do so and that the party is legally authorized to perform the obligations
undertaken.
This contract states the entire agreement of the parties, and an amendment to it is
not effective for any purpose unless in writing and signed by all parties.
interest.
IN WI,ESS WHEREOF, thearties have signed duplicate originals of this
''''"'
agreement on the / / day of the month of freira090 , 1999.
ATTEST:
This contract is binding on and inures to the benefit of the parties' successors in
JOANNE LAND, City Secretary
PERFORMING PARTY
EASTER SEALS - CENTRAL TEXAS
By: \Ma 1) * 641
Title: P e n�)�r�t o
Date: .z9--a -9 9
RECEIVING PARTY
CITY OF ROUND ROCK, TEXAS
By:
CHARLES CULPEPPER
Title:
Date:
4
t
CERTIFICATIONS
THE UNDERSIGNED PARTIES do hereby certify that (1) the services specified above
are necessary and essential for activities that are properly within the statutory functions and
programs of the affected parties of Local and State Government, and (2) the services, supplies,
goods on contract are not required by Section 21 of Article XVI of the Constitution of the State
of Texas to be supplied under contract given to the lowest responsible bidder.
RECEIVING PARTY
Receiving Party further certifies that it has authority to contract for the above services by
authority granted by Section 122.004 and Section 122.005, Chapter 122, Human Resources Code.
CITY OF ROUND ROCK, TEXAS
By:
CHARLES CULPEPPER, Mayor
PERFORMING PARTY
The undersigned signatory for the Performing Party hereby represents and warrants
that he or she is an officer of the organization for which he or she has executed this contract; and
that such officer has full and complete authority to enter into this contract on behalf of the
Performing Party and has legal authority to perform the activities provided for herein.
EASTER SEALS - CENTRAL TEXAS
By: Cat/Vi) v („ED
Authorized Signat ry and'Title
CERTIFYING PARTY
TEXAS INDUSTRIES FOR THE BLIND AND
HANDICAPPED, INC. (TIBH)
By: /_, 7/../1 5 /s / / 7
thorized ignatory and Title
5
• .
interest.
ATTEST:
The Performing Party's address is as follows:
Attention:
Article 14. MISCELLANEOUS
Each individual signing this contract on behalf of a party warrants that he or she
is legally authorized to do so and that the party is legally authorized to perform the obligations
undertaken.
This contract states the entire agreement of the parties, and an amendment to it is
not effective for any purpose unless in writing and signed by all parties.
This contract is binding on and inures to the benefit of the parties' successors in
IN WIINESS WHEREOF, the parties have signed duplicate originals of this
agreement on the / day of the month of p iM/2 1999.
JOANNE LAND, City Secretary
4
PERFORMING PARTY
EASTER SEALS - CENTRAL TEXAS
By: (29 L A 4 )
Title: —� he u./.1-1 ,h .d Cd
Date: o2-a -
RECEIVING PARTY
CITY OF ROUND ROCK, TEXAS
By:
CHARLES CULPEPPER
Title:
Date:
CERTIFICATIONS
THE UNDERSIGNED PARTIES do hereby certify that (1) the services specified above
are necessary and essential for activities that are properly within the statutory functions and
programs of the affected parties of Local and State Government, and (2) the services, supplies,
goods on contract are not required by Section 21 of Article XVI of the Constitution of the State
of Texas to be supplied under contract given to the lowest responsible bidder.
RECEIVING PARTY
Receiving Party further certifies that it has authority to contract for the above services by
authority granted by Section 122.004 and Section 122.005, Chapter 122, Human Resources Code.
CITY OF ROUND ROCK, TEXAS
By:
CHARLES CULPEPPER, Mayor
PERFORMING PARTY
The undersigned signatory for the Performing Party hereby represents and warrants
that he or she is an officer of the organization for which he or she has executed this contract; and
that such officer has full and complete authority to enter into this contract on behalf of the
Performing Party and has legal authority to perform the activities provided for herein.
EASTER SEALS - CENTRAL TEXAS
By: d/ -t) 7 '4 ), /"/ c 4 /(e.
Authorized Signatory and Title
CERTIFYING PARTY
TEXAS INDUSTRIES FOR THE BLIND AND
HANDICAPPED, INC. (TIBH)
By: l /14,44 1 9*
A rized Signatory and Title
5