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HomeMy WebLinkAbout455983 ASPEN ENTERPRISES OF NORTHERN COLORADO - CONTRACT - AGREEMENT MISC - ASPEN ENTERPRISES OF NORTHERN COLORADOSERVICES 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" on behalf of Poudre Fire Authority, and Aspen Enterprises of Northern Colorado Inc., 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 June 15, 2009, and shall continue in full force and effect until June 14, 2010, 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 1 SA rev07/08 5) Equipment • Service Provider will provider the following equipment: • Vacuum cleaner a Toilet cleaning kit • Waxing equipment o High-speed buffer Rev06/07 10 EXHIBIT B COST BREAKDOWN Costs are based on Service Provider delivering the level of service specified in EXHIBIT A — SCOPE OF WORK at the Poudre Fire Authority (PFA) Administration Office at 102 Remington Street, 2"d and 3`d floors. Cost per cleaning: $52.00 Average # of cleanings per month: 13 Monthly Billing Rate: $675.00 Annual Rate: $8,100.00 Any requests for price adjustments will only be reviewed annually during the contract renewal period, subject to terms of the Services Agreement. Billing is to be done monthly; Billing terms are to be Net 15 Days. Miscellaneous additional services available from Service Provider upon request: • Steam carpet cleaning: $0.18 per square foot o All carpet except Offices is to be done quarterly. Additional cleanings will be provided upon request at the above rate. o Offices are to be done annually. Additional cleanings will be provided upon request at the above rate. • Window washing: Professional Window Washing (inside and out) is available upon request; timing and pricing to be determined at time of request. • Floor Waxing: Available upon request; timing and pricing to be determined at time of request. • Additional Special Requests: $20.00 per hour • Poudre Fire Authority reserves the right to employ other firms for these Ancillary Services (such as steam carpet cleaning, window washing, floor waxing, and Special Requests) that are not included in EXHIBIT A —SCOPE OF WORK) at PFA's sole discretion. rev06/07 11 EXHIBIT C 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: 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. rev06/07 12 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: Copy to: Service Provider: City of Fort Collins Poudre Fire Authority Aspen Enterprises of Northern Attn: Purchasing Attn: Chief Mike Gress Colorado Inc. PO Box 580 PO Box 580 504 Mail Creek Ct. Fort Collins, CO 80522 Fort Collins, CO 80522 Fort Collins, CO 80525 Attn: Steve Ramras, President 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 the attached Exhibit "B", consisting of one (1) page, and 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 neither assign any E SA rev07/08 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 3 SA rev07/08 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. 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 C, 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 4 SA rev07/08 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. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify 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 "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider 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. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider 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 cease employing or contracting with the illegal alien; except that Service Provider 5 SA rev07/08 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. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider 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, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. Amendment 54. To the extent that this Agreement may constitute a "sole source government contract" within the meaning of Section 2(14.4) of Article XXVIII of the constitution of the State of Colorado, about which the City makes no representation, Section 15 of said Article XXVIII, which reads as follows, is hereby incorporated into this Agreement and made a part hereof: Section 15. Because of a presumption of impropriety between contributions to any campaign and sole source government contracts, contract holders shall contractually agree, for the duration of the contract and for two years thereafter, to cease making, causing to be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the contract holder or on behalf of his or her immediate family member and for the benefit of any political party or for the benefit of any candidate for any elected office of the state (of Colorado) or any of its political subdivisions. M SA rev07/08 CITY OF FORT COLLINS, COLORADO a municipal corporation nnq-�� I3y: Jame/S B O'Neill II, CPPO, FNIGP DirecLVof Purchasing and Risk Management Date: CORPORATE PRESIDENT OR VICE PRESIDENT Date: �—/ / - 07 ATTEST: (Corporate Seal) CORPORATE SECRETARY SA rev07/08 Exhibit A Scope of Work 1) Base Services outlined by this contract are to be performed at the Poudre Fire Authority (PFA) Administration Office at 102 Remington Street, 2"d and 3rd floors, Fort Collins, Colorado. Poudre Fire Authority reserves the right to make adjustments, additions and deletions to the level of service required as needed. 2) Cleaning services are to be completed by 7:00 a.m. on Mondays, Wednesday, and Fridays unless service Provider is notified otherwise by PFA. Service Provider is to negotiate any Holiday Schedules in advance with the designated PFA representative. 3) Base Service Level for this initial Service Agreement is to include: Offices: • Dust blinds (weekly) • Vacuum all carpet (weekly) • Empty all trash (weekly); replace can liners as needed • Clean chair bases (monthly) • Clean chair mats (monthly) • High dust, vent and cobweb detail (as needed) Chief and Administration Offices: • Dust blinds (weekly) • Clean non desk surfaces (weekly) • Clean cleared desks (weekly) • Vacuum all carpet (weekly) • Empty all trash (weekly) • Clean chair bases (monthly) • Clean chair mats (monthly) • High dust, vent and cobweb detail (as needed) Conference Rooms: • Clean tables (weekly) • Dust blinds (weekly) • Vacuum all carpet (weekly) • Empty all trash (weekly) • Clean chair bases (monthly) • High dust, vent and cobweb detail (as needed) Copy Rooms: • Sweep and mop floors • Dust all sills, ledges, and surfaces • Vacuum all carpet • Empty all trash (weekly) • High dust, vent and cobweb detail (as needed) Break Rooms: • Sweep and mop floors Rev06/07 • Empty all trash; replace can liners each time (weekly) • Clean sinks, counters, and adjacent walls (weekly) • Clean microwave and refrigerator, outside only (weekly) • Clean table (weekly) • Vacuum all carpet (weekly) • Restock towels (weekly) • High dust, vent and cobweb detail (as needed) Upstairs Lobby: • Vacuum all carpet • Clean table • Dust blinds (weekly) • Spot clean glass (as needed) • Clean chair bases (monthly) • High dust, vent and cobweb detail (as needed) Exercise Room: • Dust blinds (weekly) • Sweep and mop floors (weekly) • Wipe machines (monthly) • Empty all trash; replace can liners as needed (weekly) • High dust, vent and cobweb detail (as needed) Hallways: • Vacuum all carpet (weekly) • Dust sills and surfaces (weekly) • High dust, vent and cobweb detail (as needed) Stairways: • Sweep and mop rubber tile • Vacuum all carpet • Wipe railings • Spot clean walls (as needed) • High dust, vent and cobweb detail (as needed) Bathrooms: • Clean, sanitize, and deodorize: sinks, mirrors, counters, fixtures, dispensers, doors, toilets, walls, showers, urinals, dividers, showers, and baseboards • Sweep and mop, vacuum, clean edges, toilet bases, and corners • Restock dispensers • Empty all trash • High dust, vent and cobweb detail - as necessary 4) Miscellaneous: • Notify designated PFA representative of any security concerns • Notify designated PFA representative of any facility maintenance needs (needed repairs, or equipment replacement needs) • Notify designated PFA representative of any supply needs Rev06/07