Loading...
HomeMy WebLinkAboutBID - 5852 DRY CLEANING SERVICES (6)SA 10/01 1 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 Barbara Knappe Doing Business As Scotchie’s 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 SA 10/01 2 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 Scotchie’s Cleaners P.O. Box 580 1827 E. Mulberry Fort Collins, CO 80522 Fort Collins, CO 80524 Attn: Ed Bonnette Attn: Bob Baier, General Manager 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 SA 10/01 3 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 SA 10/01 4 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 SA 10/01 5 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:_____________________________ Barbara L. Knappe Doing business as Scotchie’s Cleaners By:_______________________________ __________________________________ PRINT NAME Date:_____________________________ 6 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 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. 7 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. 8 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. 9 EXHIBIT C DRY CLEANING/CLEANING PRICES FOR 2004-2005 CONTRACT; SCOTCHIE’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. $1.75 1A Shirts, long-sleeve, uniformed officers. Clean as specified by officer, mend as needed, press with military creases, return wrinkle-free on hangers. $1.75 2 Shirts, plain clothes officers. Clean as specified by officer, return wrinkle-free on hangers. $1.95 3 Trousers, uniformed officers. Clean as specified by officer, return wrinkle-free. $2.40 4 Trousers, plain clothes officers. Clean as specified by officer, return wrinkle-free. $3.00 5 Jackets, uniformed officers. Dry clean as specified by officer, return wrinkle- free on hangers with no mats in pile. $4.25 6 Sport Coats, plain clothes officers. Dry clean as specified by officer, return wrinkle- free on hangers. $4.25 7 Hats, uniformed officers. Dry clean hat as specified by officer. $15.95 8 Neckties, uniformed and plain clothes officer. Dry clean as specified by officer. $1.25 9 Skirts, plain clothes officer. Clean as specified by officer, mend as needed, return wrinkle-free on hangers. $4.25 10 Dresses, plain clothes officer. Clean as specified by officer, mend as needed, return wrinkle-free on hangers. $7.50 11 Blouses, plain clothes officer. Clean as specified by officer, mend as needed, return wrinkle-free on hangers. $3.95 10 EXHIBIT C ALTERATIONS PRICES FOR 2004-2005 CONTRACT; SCOTCHIE’S Description Price, each 1 – Taking up and tapering of pants $18.00 2 – Taking up and letting out waist $10.00 3 – Shortening or lengthening trousers $9.00 4 – Taking up and tapering of shirt body and sleeves $18.00 5 – Taking up sleeve length $9.00