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HomeMy WebLinkAbout111347 HAMILTON LINEN SUPPLY UNIFORM RENTAL - CONTRACT - AGREEMENT MISC - HAMILTON LINEN SUPPLY (2)SERVICES 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". W ITNESSETH: 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 June 30, 2006, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year (from July 1, 2006 through June 30, 2007). Prices shall remain firm through June 30, 2006; the Service Provider may petition for a price increase after that time. Petition for price increase must be submitted in writing at least 30 days prior to the increase; information must be provided to support the requested price increase. Price increases may not exceed 4% increase per year. It is the intent of the City to run our agreement with the Service Provider concurrently with the Bid and Award 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 written notice to the City of such condition within fifteen (15) days from the onset of such condition. SA January, 2005 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 Wet mop 3x5 mats 4x6 mats 3x10 mats EXHIBIT D HAMILTON LINEN REPLACEMENT COSTS* REPLACEMENT COST $16.75 $14.75 $ 1.20 $ .95 $ 3.65 $ 3.65 $ 1.65 $ 6.05 $25.00 $11.00 $60.00 $75.00 $95.00 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 pre-sets the Replacement Value for those Items. SA January, 2005 10 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 notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: Robin Stitzel Scheduling Supervisor City of Fort Collins Lincoln Center P.O. Box 580 Fort Collins, CO 80522 Kelly Meyer Event Coordinator City of Fort Collins Senior Center P.O. Box 580 Fort Collins, CO 80522 Non -appropriation of Funds Copy to: Ed Bonnette, C.P.M., CPPB Buyer, Purchasing Division P.O. Box 580 Fort Collins, CO 80522 Service Provider: Felix Quezada, Jr. District Manager Hamilton Linen Supply 461 N. Denver Ave. Loveland, CO 80537 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. SA January, 2005 2 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 remedy for such termination. 5. Contract Sum. Service cost will be as defined in Exhibit C. Replacement Costs (if necessary) will be as defined in Exhibit D. 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. All 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 consent of the City. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment 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. SA January, 2005 3 10. 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. (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. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (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 damages; (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 party shall be liable to the non - defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Bindinq 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 SA January, 2005 4 representatives, successors and assigns of said parties. 14. 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. 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. O. 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 interpretation, 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. SA January, zoos 5 17. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit C, consisting of one (1) page, and Exhibit D, consisting of one (1) page; attached hereto and incorporated herein by this reference. CITY OF FORT COLLINS, COLORADO a municipal corporation By: Jame B O'Neill II, CPPO, FNIGP Direc r f Purchasing and Risk Management Date: 2 l f o r d Hamil n Linen Supply & Uniform Rental By: PRINT NAME CO TE PRESIID TOR VICE PRESIDENT Date: ATTEST: (Corporate Seal) CORPORATE SECRETARY SA January, 2005 6 EXHIBIT A SCOPE OF SERVICES 1) This Service Agreement is awarded as an extension of Colorado State University Bid and Award #B800545, awarded to Hamilton Linen & Uniform, for University Residence Halls Food Service 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 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 through June 30, 2006; with one one-year (July 1, 2006 through June 30, 2007) renewal option. SA .January. zoos 7 L:KO : c INSURANCE REQUIREMENTS 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 monies 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. 2. 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: 1. 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. Coverage 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. SA January, 2005 8 EXHIBIT C HAMILTON LINEN RENTAL COSTS' ITEM RENTAL COST 53x114 white tablecloth $1.25 85x85 white tablecloth $1.00 Dinner napkins $ .0775*" Bar towels $ .126** Bib aprons, white $ .28 Bib aprons, colored $ .30 Hand towel $ .17 Large bath towel $ .44 56" dust mop $2.75 Wet mop $2.50 3x5 mats $1.95 46 mats $3.55 3x10 mats $3.95 Utility surcharge $5.00 per invoice *Prices to remain in effect from start date until June 30, 2006. In 2006 prices will increase by 4%, in accordance with CSU Bid #B800545. "Rental prices for napkins and bar towels include a built-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. SA January, 2005 9