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R-99-03-11-14E1 - 3/11/1999STATE 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 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 This agreement shall become effective and this contract shall begin on April 1 , 1999, and shall end on September 30, 1999. Article 3. SERVICES TO BE PERFORMED The statement of services to be performed under this contract is as follows: Landscape maintenance: mowing, edging and trimming for the City of Round Rock Parks and Recreation Department at Memorial Park. Article 4. CONTRACT AMOUNT The total amount of this contract shall not exceed the sum of Eight Thousand Nine Hundred Fifty Six Dollars and 80/100 ($8,956.80). 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 with 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 number of lots cleared. Article 6. TERMINATION Article 7. REMEDIES This agreement may be terminated by any one of the following conditions: (1) By mutual agreement and consent of both parties. (2) By the Receiving Party giving written notice to the Performing Party 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. Article 8. SUBLETTING 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. 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 m this Article 13 and signed on behalf of the party; and (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: Planning Department 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 interest. IN WITNESS WHEREOF, the parties have signed duplicate originals of this agreement on the / 1 day of the month of ri!4-eca , J;9( / Q 99 ATTEST: 44 0,1/ /`' /&. 4L 'ANNE LAND, City Secretary PERFORMING PARTY EASTER SEALS - CENTRAL TEXAS By. hewn) eA) Title: P SIC Eo Date: .W9q RECEI r - G PARTY CITY✓e / / ' O�I),Rj K, TEXAS B CH ES CUL' P'E' Title: /Qs,D• Date: 3 i (py 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 Govemment, 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. AdminTech nydocumentslwinword contractsktate use contract.doc By: ! [ CHARLES C CITY u�' R ROCK, TEXAS PERFORMING PARTY CERTIFYING PARTY PPER, 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 r 1 R65�`k 7 EN11��(� Authorized Signatory and Title TEXAS INDUSTRIES FOR THE BLIND Mt HANDICAPPED, INC. (TIBH) By: Authorized Sigrtatoty and Title RESOLUTION NO. R- 99- 03- 11 -14E1 WHEREAS, the City of Round Rock has a need for maintenance at Round Rock Memorial Park, 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 maintenance, 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 maintenance at Round Rock Memorial Park, 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 March, O99 CHARLES CUL EP2717 Mayor A EST: City of Round Rock, Texas E LAND, City Secretary I(:\ WPOOCS \RESOLUTI \R90]11E1.WPO /scg 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. In consideration of the premises and of the mutual covenants and agreements of the parties hereto to be 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 AGREEMENT This agreement shall become effective and this contract shall begin on April I , 1999, and shall end on September 30, 1999. Article 3. SERVICES TO BE PERFORMED The statement of services to be performed under this contract is as follows: Landscape maintenance: mowing, edging and trimming for the City of Round Rock Parks and Recreation Department at Memorial Park. Article 4. CONTRACT AMOUNT The total amount of this contract shall not exceed the sum of Eight Thousand Nine Hundred Fifty Six Dollars and 80/100 ($8,956.80). 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 with 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 number of lots cleared. Article 6. TERMINATION Article 7. REMEDIES This agreement may be terminated by any one of the following conditions: (1) By mutual agreement and consent of both parties. (2) By the Receiving Party giving written notice to the Performing Party 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. Article 8. SUBLETTING 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. 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 m this Article 13 and signed on behalf of the party; and (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. Planning Department 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 interest. IN WIT y SS WHEREOF, the parties have signed duplicate originals of this agreement on the 1 I day of the month of /Yin ' H , 199/ /9q9 ATTEST: J r ANNE LAND, City Secretary PERFORMING PARTY EASTER SEALS - CENTRAL TEXAS By: Title: Date: RfSiO ,J cj ceo *5/94 RECEI PARTY CITY . r • • CK, TEXAS By: CHAS] ES CUL Title: � a" Date: 3/11/47 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. PERFORMING PARTY AdminTochmydocument s winword\ contracts \state, use cantrad.doc CITY Re CK, TEXAS By: �. / _ CHARLES CULP • ' ER, 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 BC/64 / Authorized Signatory and Title CERTIFYING PARTY TEXAS INDUSTRIES FOR THE BLIND AND HANDICAPPED, INC. (TIBH) By: Authorized Signatory and Title Ce5d DATE: March 5, 1999 SUBJECT: City Council Meeting — March 11, 1999 ITEM: 14.E.1. Consider a resolution authorizing the Mayor to execute a contract with the Capitol Area Easter Seals Society of Central Texas for the maintenance at Round Rock Memorial Park. This is the second year that the City has contracted with this organization to perform these services during peak user months. The contract amount is $8,956.80 and is being funded through the Ron Sproull Memorial Fund. Staff Resource Person: Sharon Prete, Parks and Recreation Director.