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HomeMy WebLinkAbout111347 HAMILTON LINEN SUPPLY UNIFORM RENTAL - CONTRACT - AGREEMENT MISC - HAMILTON LINEN SUPPLYSERVICES 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 Hamilton Linen Supply & Uniform Rental, hereinafter referred to as "Service Provider" WITNESSETH In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows 1 Scope of Services The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of one (1) page, and incorporated herein by this reference 2 Contract Period This Agreement shall commence upon the date of execution shown on the signature page of this Agreement, and shall continue in full force and effect until December 31, 2010, unless sooner terminated as herein provided In addition, at the option of the City, the Agreement may be: extended by up to two (2) one-year renewal options in years 4 and 5 with vendor justified CPI or 4% increases, whichever is less It is the intent of the City to run our agreement with the Service Provider concurrently with the Bid and Award l for Colorado State University Residence Halls Food Service operations, and as such the City will renew and/or rebid our requirements cooperatively with Colorado State University Purchasing Division 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 wntten 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 dale contained in said notice unless otherwise agreed in writing by the parties All 1 SA rev06/07 EXHIBIT C HAMILTON LINEN RENTAL COSTS' ITEM RENTAL COST 53x'I 14 white tablecloth $1 25 85x85 white tablecloth $1 15 Dinner napkins $ 055`* Bar towels $ 11"` Bib aprons, white $ 28 Bib aprons, colored $ 28 Hand towel $ 19 Large bath towel $ 52 56" dust mop $3 25 Wet mop $3 00 3x5 mats $1 95 4x6 mats $3 95 3x10 mats $3 95 Utility surcharge $12 00 per invoice 'Prices to remain in effect from start date through December 31, 2010 Service Agreement is intended to be in effect for three (3) years with firm pricing through December 31, 2010, with two (2) one-year renewal options in Years 4 and 5 with vendor justified CPI or 4% increases, whichever is LESS, in accordance with CSU Bid #401019 award '"Rental prices for napkins and bar towels include a buill-in "replacement cost" of 2% due to shrinkage factors inherent to these two items This alleviates the need for these two items to be counted upon pickup in order to account for shrinkage rev06/07 10 ITEM 53x114 white tablecloth 85x85 white tablecloth Dinner napkins Bar towels Bib aprons, white Bib aprons, colored Hand towel Large bath towel 56" dust mop Valet mop 3.K5 mats 4.K6 mats 3.00 mats EXHIBIT D HAMILTON LINEN REPLACEMENT COSTS` REPLACEMENT COST $21 00 $18 00 $ 1 40 $ 1 10 $ 375 $ 400 $ 200 $ 725 $28 00 $14 00 $65 00 $80 00 $102 00 Replacement Costs are to cover loss outside of normal Wear and Tear, since the Service Provider does retain ownership of the articles Outside of napkins and bar towels where shrinkage is inherent in the "disposable" nature of the item, it is rarely a factor in the normal course of business on the larger items, in the event that abnormal loss does occur, this Exhibit pie -sets the Replacement Value for those Items rev06/07 ACORD CERTIFICATE OF LIABILITY INSURANCE OPID Qz DATE(MMIDOATN FAULT-2 05/08/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT S UPON THE CERTIFICATE Hays Companies of Kansas City HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR `20 Main Street, Suite 2100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW .ansas City MO 64105 1 Phone 816-4'74-3535 Fax 816-842-5795 INSURERS AFFORDING COVERAGE NAIL4 INSURED INSURER xart[o:d F1te Insuvnce co 19682 INSURER National union rite insurance Faultless Laundry Company, Inc INSURER Hartford Casualty p Com an dba Hamilton Rental Service Y 1480 E 61st Street INSURER Denver CO 80216 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANYREOUIREMENT TERM OR CONDITION OF MY CONTRACT OR OTHER DOCUMENTWITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUCD OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS SrULI LTR NSRE TYPE OF INSURANCE POLICY NUMBER DATE (Mael DATE (MWODM) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 37UENOC1701 03/01/07 03/01/08 PREMISES (Ea occurence) $ 300,000 CLAIMS MADE x7 OCCUR MED EXP (Any one person) $ 5, 000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN L AGGRI GATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGS $ 2,000,000 POLICY F JECT LOG A AUTOMOBILE LIABILITY ANYADro 37UENOC1702 03/01/07 03/01/08 COMBINED SINGLE LIMIT (Ee nciden) $ 11000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per acclderr) $ X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (PsracadeM) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC $ ANY AU rO $ AUTO ONLY AGG EXCESSN14EIRELLA LIABILITY EACH OCCURRENCE $6,000,000 B X OCCUR El CLAMS MADE BE2130937 03/01/07 03/01/08 AGGREGATE $6,000,000 IS $ DEDUCT ISLE X RETENTION $ 10 , 000 Is WORKERS COMPEVSATION AND X TORYLIMITS OFT C EMPLOYERS LIABILITY ANY PROPRIETORIFARTNERIEXECUTIVE 37WEOC1700 03/01/07 03/01/08 EL EACH ACCIDENT $ 500000 EL DISEASE - EA EMPLOI BE $ 500000 OFFICER/MEMBER U(CLUDED? Il yes desonbe under SPECIAL PROVISIONS below EL DISEASE -POLICY LIMIT $ 500000 OTHER DESCRIPTION OF OPERA LIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION CITYFTC SHOULD ANY OF THE ABOVE DESC SIDED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER wit L ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL City of Fort Collins IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR PO Box 580 Ft Collins CO 80522 REPRESENTATIVES - ©ACORD CORPORATION 1988 notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses City City of Fort Collins Lincoln Center Attn Robin Stitzel Scheduling Supervisor PO Box 580 Fort Collins, CO 80522 City of Fort Collins Senior Center Attn Kelly Meyer Event Coordinator PO Box 580 Fort Collins, CO 80522 Copy to, Service Provider City of Fort Collins vo Hamilton Linen Supply Purchasing Division -46YN Denver Ave Attn Ed Bonnette, Buyer Loveland, CO 80537 PO Box 580 Attn Felix Ouezada, Jr Fort Collins, CO 80522 District Manager 5 Non -Appropriation of Funds Lessee reasonably believes that it will have a need for the Service for the duration of the Lease and that funds will be available and appropriated to make all payments under this Lease, however, the availability of funds in future fiscal years is dependent upon appropriation of funds by Lessee's City Council, which appropriation is entirely discretionary Lessee will seek funding each year as part of its Budget process If funds to continue the leasing of the Service for the portion of the Lease term falling in the next year are not legally available for such purpose, Lessee may terminate this Lease at the end of the current year without penalty Lessee will notify Lessor at least thirty (30) days prior to the end of the year if funds are not available for the payments required under this Lease by reason of non -appropriation or non -availability of funds as set forth above 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 2 SA rev06/07 remedy for such termination 6 Contract Sum Service cost will be as defined in Exhibit C, consisting of one (1) page, and incorporated herein by this reference Replacement Costs (if necessary) will be as defined in Exhibit D, consisting of one (1) page, and incorporated herein by this reference 7 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 All requests concerning this agreement shall be directed to the City Representative 8 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 9 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 consent of the City 10 Acceptance Not Waiver The City'sapproval oracceptance of, orpayment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement 11 Warranty (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City 3 SA rev06/07 (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City 12 Default Each and every term and condition hereof shall be deemed to be a material element of this Agreement In the event either party shouild fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof 13 Remedies In the event a party has been declared in default, such defaulting party shall be allowed a period often (10) days within which to cure said default In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damiages, (b) treat the Agreement as continuing and require specific performance, or (c) avail himself of any other remedy at law or equity If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting parry shall be liable to the non - defaulting party foi the non -defaulting party's reasonable attorney fees and costs incurred because of the default 14 Binding Effect This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties 15 Indemnity/Insurance a The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder M SA rev06/07 b The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property c Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference The: Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P 0 Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City 15 Entire Agreement This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties Covenants or representations not contained in this Agreement shall not be binding on the parties 16 Law/Severability The laws of the State of Colorado shall govern the construction inteipretation, execution and enforcement of this Agreement In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement 17 Prohibition Against Employing Illegal Aliens This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work Pursuant to Section 8-17 5-101, C R S , et seq , Contractor represents and agrees that a As of the date of this Agreement 1 Contractor does not knowingly employ or contract with an illegal alien, and 2 Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "Basic 5 SA rev06/07 Pilot Program") in order to confirm the employment eligibility of all newly hired employees b Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement c Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months then after, until Contractor is accepted or the public contract for services has been completed, whichever is earlier The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued d Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed e If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall 1 Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien, and 2 Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not ceeise employing or contracting with the illegal alien, except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien f Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department') made in the course of an investigation that SA rev06/07 the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17 5-102 (5), C R S g If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17 5-102, C R S the City may terminate this Agreement If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17 5-102, C R S The: City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach CITY OF FORT COLLINS, COLORADO a municipal corporation B� �^ Jam�s B O'Neill II, CPPO, FNIGP Direc)o f Purchasing and Risk Management Date Hamilton Linen Supply & Uniform Rental By` Ay- 0l PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT ID Date — Q ATTEST (Corporate eaa t) CORPORATE SECRETARY SA rev06/07 EXHIBIT A SCOPE OF SERVICES 1) This Service Agreement is awarded as an Extension of Colorado State University Bid and Award #13401019, awarded to Hamilton Linen & Uniform, for University Residence Halls Food Service Rental Linens operations It is the intention of the City of Fort Collins to exercise their right as a Public Purchasing Agency to co-operatively utilize this existing Bid and Award to benefit the citizens of the City of Fort Collins in the procurement of Linen Rentals and Service for the Lincoln Center and the Senior Center, and for Mat Rentals and Service for the Collindale Golf Course :2) Hamilton Linen will provide Linen Rental, Mat Rental, and Laundering for the City of Fort Collins in exchange for Rental Charges as outlined in Exhibit C Hamilton Linen will retain ownership of the Linens and Mats Any articles that require replacement due to normal wear will be replaced by Hamilton at no charge to the City Any articles not returned to Hamilton will be subject to Replacement Costs as outlined in Exhibit D of the Service Agreement 3) Articles covered under this Program are as outlined in Exhibit C The City retains the right to add or subtract articles available under this program, and add or subtract the quantity of articles as needed 4) Service Provider will be responsible for maintaining Inventory on, -site at Lincoln Center and Senior Center in order to cover normal business fluctuations without interruption in Supply Service Provider will be held responsible for notifying Site Project Managers of any situations threatening Continuity of Supply, and working proactively to provide solutions to circumvent any shortages 5) Length of Service Agreement will coincide with Colorado State University Bid and Award #B401019 for University Residence Halls Food Service operations, subject to Non - Appropriation of Funds as outlined in Section 4 of the main body of the Service Agreement Otherwise, Service Agreement is intended to be in effect for three (3) years with firm pricing through December 31, 2010, with two (2) one-year renewal options in Years 4 and 5 with vendor justified CPI or 4% increases, whichever is LESS rev06/07 EXHIBIT B INSURANCE REQUIREMENTS 1 The Service Provider will provide, from Insurance companies acceptable to the City, the Insurance coverage designated hereinafter and pay all costs Before commencing work under this bid, the Service Provider shall furnish the City with certificates of Insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins " In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monues which may be due or become due the Service Provider under this Agreement The City, its officers, agents and employees shall be named as additional insureds on the: Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement Insurance coverages shall be as follows A Workers' Compensation & Employer's Liability The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement Workers' Compensation insurance with statutory limits as required by Colorado law 2 Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee B Commercial General & Vehicle Liability The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement (:overage for property damage shall be on a "broad form" basis The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance revOG/07