HomeMy WebLinkAboutBID - 5852 DRY CLEANING SERVICES (5)SA 10/01
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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 Nelson Schroeder Enterprises, Inc. Doing Business As Apple
Annie’s Washouse & Cleaners, 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 three (3)
pages, and incorporated herein by this reference.
2. Contract Period. This Agreement shall commence July 15, 2004, and shall
continue in full force and effect until July 14, 2005, 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. Pricing changes shall be negotiated
by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published
by the Colorado State Planning and Budget Office. 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
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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: Service Provider:
City of Fort Collins Purchasing Division Apple Annie’s Washouse & Cleaners
P.O. Box 580 1119 W. Drake Rd. #C40
Fort Collins, CO 80522 Fort Collins, CO 80526
Attn: Ed Bonnette Attn: Nelson S. Schroeder, Owner
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, per Exhibit “C”, consisting of two (2) pages, incorporated herein by this reference.
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
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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.
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
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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. 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.
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
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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.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:_______________________________
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:_____________________________
Nelson Schroeder Enterprises, Inc.
Doing Business As Apple Annie’s Washouse and
Cleansers
By:_______________________________
__________________________________
PRINT NAME
__________________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:_____________________________
ATTEST: (Corporate Seal)
_____________________________
CORPORATE SECRETARY
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EXHIBIT A
SCOPE OF WORK – DRY CLEANING SERVICES
1) General: This specification covers the Dry Cleaning, other Cleaning, and Alterations
requirements of the City of Fort Collins Police Department (FCPD). Services under this
Agreement shall be provided only to authorized department personnel. Any price
changes shall be negotiated by and agreed to by both parties and may not exceed the
Denver-Boulder CPI-U as published by the Colorado State Planning and Budget Office.
Written notice of renewal shall be provided to the Service Provider and mailed no later
than ninety (90) days prior to contract end. Any requests for pricing changes will only be
reviewed annually during the renewal period.
2) Assignment & Equipment: Assignment or transfer of this agreement shall not be
allowed without written approval by the City of Fort Collins. Service Provider shall have
necessary equipment to provide dry cleaning of clothing and shall not employ a third
party for this operation. The City reserves the right to inspect equipment on the bidder’s
premises.
3) Pickup and Delivery: Uniforms ands apparel will be delivered to and picked up from
the vendors by authorized police department personnel (or representatives designated
by the officer to the FCPD Representative) only.
4) Unlisted Items: The City shall only pay for the cleaning of items listed in Exhibit C of
this Agreement.
5) Lost or Damaged Items: If the officer determines that an item has been lost or
damaged by the Service Provider, the City of Fort Collins reserves the right to reduce the
Service Provider’s bill for that month by the current replacement value for that item.
6) Minimum Specifications:
Shirts, Uniformed Officers: Items are to be cleaned as specified by the officer, mended
as needed (i.e., buttons secured and/or reattached if needed), and returned wrinkle-free
and with all buttons firmly in place. Uniform shirts must be pressed with military creases
and returned on hangers.
Shirts, Plain Clothes Officers: Items are to be cleaned as specified by the officer,
mended as needed (i.e., buttons secured and/or reattached if needed), and returned
wrinkle-free and with all buttons firmly in place. Return on hangers.
Trousers, Uniformed Officers: Items are to be cleaned as specified by the officer,
mended as needed (i.e., buttons secured and/or reattached if needed), and returned
wrinkle-free and with all buttons firmly in place.
Trousers, Plain Clothes Officers: Items are to be cleaned as specified by the officer,
mended as needed (i.e., buttons secured and/or reattached if needed), and returned
wrinkle-free and with all buttons firmly in place.
Jackets, Uniformed Officers: Items are to be dry cleaned, mended as needed (i.e.,
buttons secured and/or reattached if needed), and returned wrinkle-free and with no
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mats in pile. Return on hangers. Dry clean on an as-needed basis.
Sport Coats, Plain Clothes Officers: Items are to be dry cleaned, mended as needed
(i.e., buttons secured and/or reattached if needed), and returned wrinkle-free and with all
buttons firmly in place. Return on hangers.
Caps, Uniformed Officers: Items are to be dry cleaned on an as-needed basis.
Neckties, Uniformed and Plain Clothes Officers: Items are to be dry cleaned on an as-
needed basis.
Skirts, Dresses, Blouses, Etc; Plain Clothes Female Officers: Items are to be cleaned as
specified by the officer, mended as needed (i.e., buttons secured and/or reattached if
needed), and returned wrinkle-free and with all buttons firmly in place. Return on
hangers.
7) Alteration Service: Service Provider shall perform quality alteration services as
requested by authorized personnel. Alteration services shall consist of:
a) Taking up and tapering of pants.
b) Taking up or letting out waist.
c) Shortening or lengthening trousers.
d) Taking up and tapering of shirt body and sleeves.
e) Taking up sleeve length.
The City of Fort Collins reserves the right to employ other firms for such alteration
services, as needed.
8) Normal Turnaround Time: All uniforms and plain clothes attire worn in lieu of uniforms
must be ready for use within two (2) working days from the time delivered to Service
Provider. The City of Fort Collins may deduct 5% of officer’s billing for each additional
day, should the cleaning time exceed two (2) working days. A schedule of business
closures due to holidays, normal days closed, etc. must be furnished in writing by the
Service Provider to the FCPD representative.
9) Complaint Forms: Service Provider must provide Complaint Forms to the
designated FCPD representative, when requested. Service Provider must report to the
FCPD representative in writing on Corrective Action taken within ten (10) working
days of notification of problem.
10) FCPD Representative: FCPD Representative will be Tricia Davis
(tdavis@fcgov.com; 221-6541).
11) Early Termination: The City of Fort Collins reserves the right to terminate the Service
Agreement in accordance with Section 4 in the main body of the Service Agreement, in
the event of deterioration in the quality of services rendered by the Service Provider.
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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 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.
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EXHIBIT C
DRY CLEANING/CLEANING PRICES FOR 2004-2005 CONTRACT; APPLE ANNIE’S
Item Description Price, each
1 Shirts, short-sleeve, uniformed officers. Clean
as specified by officer, mend as needed, press
with military creases, return wrinkle-free on
hangers.
$1.40
1A Shirts, long-sleeve, uniformed officers. Clean
as specified by officer, mend as needed, press
with military creases, return wrinkle-free on
hangers.
$1.40
2 Shirts, plain clothes officers. Clean as specified
by officer, return wrinkle-free on hangers. $1.40
3 Trousers, uniformed officers.
Clean as specified by officer, return wrinkle-free. $2.25
4 Trousers, plain clothes officers.
Clean as specified by officer, return wrinkle-free. $2.25
5 Jackets, uniformed officers.
Dry clean as specified by officer, return wrinkle-
free on hangers with no mats in pile.
$2.25
6 Sport Coats, plain clothes officers.
Dry clean as specified by officer, return wrinkle-
free on hangers.
$2.25
7 Hats, uniformed officers.
Dry clean hat as specified by officer. $1.40
8 Neckties, uniformed and plain clothes officer.
Dry clean as specified by officer. $1.20
9 Skirts, plain clothes officer.
Clean as specified by officer, mend as needed,
return wrinkle-free on hangers.
$2.25
10 Dresses, plain clothes officer.
Clean as specified by officer, mend as needed,
return wrinkle-free on hangers.
$2.25
11 Blouses, plain clothes officer.
Clean as specified by officer, mend as needed,
return wrinkle-free on hangers.
$2.25
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EXHIBIT C
ALTERATIONS PRICES FOR 2004-2005 CONTRACT; APPLE ANNIE’S
Description Price, each
1 – Taking up and tapering of pants $8.65
2 – Taking up and letting out waist $7.20
3 – Shortening or lengthening trousers $7.20
4 – Taking up and tapering of shirt body and sleeves $8.65
5 – Taking up sleeve length $7.20