RES NO 04-05-2007 CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 4 5 -2007
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED.
A RESOLUTION TO CONTRACT WITH IRVIN LAWN CARE
MOWING OF THE VAN BUREN MUNICIPAL COMPLEX,
CITY PARK, RIVER FRONT PARK, AND VARIOUS OTHER
PARCELS SET FORTH IN APPENDIX "A" TO THE
CONTRACT.
WHEREAS, the City of Van Buren owns and maintains Municipal Complex, City Park, River
Front Park, and various other parcels set forth in Appendix "A" to the attached
contract; and
WHEREAS, the City of Van Buren let bids for the mowing, edging and trimming of said
facilities; and
WHEREAS, Irvin Lawn Care was the lowest bidder meeting specifications with an annual price
of $36,000 for said services; and
WHEREAS, the City of Van Buren desires to enter into a 1 -year contract with Irvin Lawn Care
for the mowing, edging and trimming of said facilities; and
WHEREAS, funds for the mowing contract shall come from Administrative Building Maintenacc,
line item number 5 -11- 5055 -00;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS, THAT:
Section 1. That the City of Van Buren, Arkansas shall contract with Irvin Lawn Care for the
purpose of mowing, edging and trimming the Municipal Complex, City Park, River
Front Park, and various other parcels of city property as set forth in Appendix "A"
to the contract. A copy of said contract is attached hereto as "Exhibit 1."
Section 2. The Mayor, Robert Freeman and City Clerk, Barbie Curtis are hereby authorized by
the City Council for the City of Van Buren to execute all documents necessary to
effectuate the agreement
IN TESTIMONY WI- IEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of In for and 0 against, the foregoing Resolution at
its meeting held on the 16th day of April 2007.
V
Robert D. Freeman, Ma r
AT
Ids
Barbie Curtis, City Clerk/Treasurer
APPRO D AS 0 FORM:
f baa
N. Dol.ld Je ns, City At •rney
1
0
O Bid Tabulation
2007 Parks Right -of -Way Maintenance
Bid Openning: 4/13/07 10:00 am
'Park Maint. ROW Maint.
Contractor Bid Amount Bid Amount
A &S Lawns 54,900.00
Arkansas Lawn Landscape 57,859.00 10,440.00
Dr. Lawn Landscape
Gorden's Lawn Care
Greenview Lawns
Irvin Lawn Care 36,000.00
Mark Johnson 71,142.00
L &S Lawn Service
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CONTRACT FOR PARK MAINTENANCE
This Agreement made this ti day of �r� 2007, between the City of Van
Buren, Arkansas, hereinafter referred to as the "City" and Irvin Lawn Care of
1(+Z'\ t l r c A; c—cr, Arkansas, hereinafter referred to as "Contractor."
1. Contractor, for and in consideration of the payments to be made to it by the City as herein set
forth, hereby agrees to provide(park maintenance only, right -of -way maintenance only, or
park and right -of -way maintenance) for the period beginning May 1, 2007, and ending on
October 31, 2007.
2. The City agrees, in consideration of the services rendered by the Contractor under this
Agreement to pay Contractor the total sum of thirty six thousand dollars ($36,000.00) during
the term of this Agreement, payable in equal monthly installments of six thousand dollars
($6,000.00).
3. The Contractor shall perform the services described in the attached Contract Documents
including, but not limited to, providing the supervision, labor, materials and equipment
necessary to properly perform the scope of the work described. Contractor shall perform
such other similar services required by the City for an additional sum based on the quantity
of additional work and the unit prices included in the Bid Documents, which are incorporated
herein and adopted hereto by reference.
4. The Contractor will determine the method, details and means to perform the services hereto,
0 subject to the specifications and limitations set forth in the attachments hereto.
5. All monies accruing to the Contractor from the City under the terms of this Agreement.
during any month shall be paid within a reasonable time after the close of the month.
6. Contractor, while in the performance of its duties under this Agreement, shall comply with
and observe all the provisions of Federal, State and local law, and all applicable statutes,
ordinances regulations or rules relative to its obligations herein. Contractor shall comply
with all rules and regulations established by the City relating to activities occurring on City
property.
7. Contractor, prior to the effective date of this Agreement, shall insure jointly the liability of
the Contractor and the City for damage to property or injury to persons, and the contractor
specifically agrees to hold harmless and indemnify the City for any and all claims arising out
of any injury, disability or death arising as a result of this agreement. Such insurance shall be
that described on the attached Certificate of Liability Insurance.
8. Both parties hereto recognize that Contractor, while engaged in carrying out and complying
with any of the teens and conditions of this Agreement is, and will remain at all times, an
Independent Contractor, and is not an officer, agent, or employee of the City.
9. The City, or its authorized representatives, shall not in any way or manner be answerable for,
or suffer loss, damage, expense or liability for, any loss or damage that may happen as a
result of the services required by this Agreement. Contractor shall assume all liability of
every kind or nature arising from such services either by accident, negligence, theft,
vandalism or any cause whatsoever and shall indemnify and hold harmless the City or its
authorized representatives for all liability of every kind and nature arising from accident,
0 negligence, or any cause whatever that the City, its employees or citizens may suffer.
10. The Contractor shall be solely responsible for all cost and expenses incurred by the
Contractor that are incident to the performance of the services hereto, including, but not
limited to, all tools, supplies, equipment, fuel or vehicles to be utilized by the Contractor, all
fees, fines, licenses, bonds or taxes required or imposed against contractor and other costs of
performing this contract. The City shall not be responsible for any expense incurred by the
Contractor in performance hereto.
11. The City shall not withhold from the sums payable to the Contractor under this agreement
any amounts of federal, state, or local taxes, including federal or state income taxes,
employment taxes (including Social Security and Medicare taxes) and/or unemployment
taxes. The City shall report all payments to the Contractor on IRS Form 1099 and the
Contractor agrees that any tax obligations arising from the payment made under this
0 agreement will be the Contractor's sole responsibility, The Contractor will identify the City
for any tax liability, interest, and/or penalties imposed by any taxing authority based upon the
City's failure to withhold any amount from the payments for the tax purposes.
12. Neither this Agreement, nor any part hereof, or any monies due, or to become due hereunder,
may be assigned by Contractor without the approval of the City.
13. The Contractor hereby names [.;Tye_ I i'., to be the representative and
authorized agent of the Contractor for all communications between the City and the
Contractor.
14. This contract may be cancelled upon thirty (30) days written notice should the Contractor's
service in the sole determination of the City not be satisfactory.
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15. This Agreement may be varied, modified. or altered by the mutual consent of the parties
hereto. No alteration, modification, or variation of the terms of this Agreement shall be valid
unless made in writing and signed by the parties hereto.
16. No failure or neglect of either party hereto in any instance to exercise any right power or
privilege hereunder or under law shall constitute a waiver of any other right, power or
privilege or of the same right, power or privilege in any other instance.
In witness whereof, the parties hereto execute this Agreement in Van Buren; Arkansas,
on the day and year first above written.
CIT OF VAN BUREN, ARKANSAS
By: n.�c
F
IRVIN LAWN CARE
BY: KiNwir-
ATTEST:
`7 ✓�e'.Ct&
SECRETARY
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r. •c SHELTER MUTUAL INSURANCE COMPANY
SHELTER A MUTUAL COMPANY
INSnGNC[
CERTIFICATE OF INSURANCE
SHELTER GENERAL INSURANCE COMPANY
A STOCK COMPANY
Name Address To Whom Issued: Name Address of the Insured:
City of Van Buren Irvin Lawn Care
Blayne and Patricia Irvin
7027 Hideaway Lane
Van Buren, Ar 72956
This is to certify that insurance policies as indicated below by policy number have been issued:
Company Type of Insurance Policy Number Expiration Date Limits of Liability
General Liability: 03 -31- 5641352 04 -19 -2008
Shelter Premises Operations 100,000 PerOccurrence 2W Aggregate*
Mutual X Products /Completed
Operptions Provided? Products /Completed Operations For: (Describe)
I Yes No Lawn care
The Limits of Liability for any indicated General
Liability policy are the limits at the time the policy is
issued. The aggregate limit is, and other limits may
be, reduced by the amount of claim payments.
elter Single Limit
O
neral Garage Liability BIPer Person
BIPer Accident PD Per Accident
Shelter Automobile Single Limit
Mutual All Owned or Leased Autos 131 Per Person
Scheduled Autos BIPer Accident PD Per Accident
Shelter Hired Autos
General Non Owned Autos
Shelter Apartment Owner's/ Per Occurrence
Mutual Rental Dwelling Per Aggegate
Shelter Business Per Occurrence
Mutual Per Aggate
Shelter Cargo Scheduled Auto/Trail
Mutual Auto/Trailers Per Vehicle
Shelter
Mutual
Shelter
General
VEHICLE(S)
Year Model Trade Name Motor Serial No. (Last 5 Digits)
°Certificate of Insurance neither affirmatively nor negatively amends. alters or extends the coverage affrded by the policy.
Date 4-19 -2007 By
Au holiz.d Representative
M-51.24-M
1817 WEST BROADWAY COLUMBIA, MISSOURI. 65218 -0001 (573) 445 -8441