HomeMy WebLinkAbout109244 WASTE MANAGEMENT UNITED SITE SERVICES - CONTRACT - BID - 5918 PORTABLE TOILETSSERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and between
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the
"City" and UNITED SITE SERVICES INC., hereinafter referred to as "Service Provider".
W ITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scooe of Services. The Service Provider agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of four (4) pages, and
incorporated herein by this reference.
2. Contract Period. This Agreement shall commence July 1, 2005, and shall continue in
full force and effect until June 30, 2006, unless sooner terminated as herein provided. In addition, at
the option of the City, the Agreement may be extended for additional one year periods not to exceed
four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and
agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State
Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to
the Service Provider and mailed no later than ninety (90) days prior to contract end.
3. Delay. If either party is prevented in whole or in part from performing its obligations
by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the
party so prevented shall be excused from whatever performance is prevented by such cause. To
the extent that the performance is actually prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition.
4. Early Termination by City/Notice. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to
the termination date contained in said notice unless otherwise agreed in writing by the parties. All
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notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to
the following addresses:
City:
City of Fort Collins Purchasing
Division
P.O. Box 580
Fort Collins, CO 80522
Attn: Ed Bonnette, C.P.M.,
CPPB, Buyer
Service Provider:
United Site Services Inc.
6015 E. 5e Avenue
P.O. Box 219
Commerce City, CO 80037
Attn: lfi�'!?Y, Accourjt
Manager ,PWVA-,411vV2—
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In the event of early termination by the City, the Service Provider shall be paid for services rendered
to the date of termination, subject only to the satisfactory performance of the Service Provider's
obligations under this Agreement. Such payment shall be the Service Provider's sole right and
remedy for such termination.
5. Contract Sum. The City shall pay the Service Provider for the performance of this
Contract, subject to additions and deletions provided herein, per Exhibit A Pricing Schedule.
6. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the services provided under this agreement. Ali requests concerning this
agreement shall be directed to the City Representative.
7. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort Collins. The
City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA,. Workmen's Compensation or other taxes or benefits or for any
other purpose.
8. Personal Services. It is understood that the City enters into the Agreement based on
the special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
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