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HomeMy WebLinkAbout424575 JAX MERCANTILE COMPANY - CONTRACT - AGREEMENT MISC - JAX MERCANTILE COMPANYSERVICES 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 Jax Mercantile Company, 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 two (2) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence December 15, 2010, and shall continue in full force and effect until December 31, 2011, 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 termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to Rev7/2009 1 EXHIBIT B ORDER FORM EMPLOYEE NAME: DEPARTMENT: Instructions: please select size, style, color and quantity from the choices.& place under correct column to the right JEANS (TOTAL, OF, 5) Carhartt Product. Descri tion .. Carhartt S le# Sizes ;:. `Size `S le/color Quantity F-R Denim Dungaree FRB13DNM 30 - 50 FRB13DNM-Big52 - 54 F-R Loose -fit Midwei ht Canvas Jean FRB159DNY 30 - 50 FRB159DNY-Big52 - 54 FRB159GKH 30 - 50 FRB159GKH-Big52 - 54 FRB159MOS 30 - 50 F-R Relaxed -Fit Denim Jean FRB160DNM 30 - 50 FRB160DNM-Big52 - 54 F-R Duckwork Dungaree FRB229BRN 30 - 50 FRB229BRN-Big52 - 54 FRB229DNY 30 - 50 FRB229DNY-Big52 - 54 F-R Canvas Caro Pant FRB240-Big30 - 50 FRB240-Big52 - 54 F-R Relaxed fit Lightweight Jean FRB100DNM 30 - 50 FRB100DNM-Big52 - 54 F-R Twill Work Pant FRB002 30 - 50 FR13002-13i 52 - 54 F=R Wrangler Pro Rodeo Jeans; Ori inal-Fit FR13MWZ 28 - 42 FR13MWZ 44 - 46 FR13MWZ Inseam 38" F-R Wrangler Pro Rodeo Jeans;Relaxed Fit.. FR31 MWZ 28 - 42 FR31 MWZ 44 - 46 FR13MWZ Inseam 38" Carhartt Product Description ICarhartt St le# Sizes.` - SHIRTS (TOTAL.OF 5 UNLESS OTHERWISE SPECIFIED). . F-R Long -Sleeve Henley. FRK293DNY S - 2XL FRK293DNY-Big3XL - 4XL FRK293DNY-Tall M - 3XL FRK293LGY S - 2XL FRK293LGY-Big3XL - 4XL FRK293LGY-Tall M - 3XL F-R=Lon -Sleeve-T-Shirt FRK294DNY S - 2XL FRK294DNY-Big3XL - 4XL FRK294DNY-Tall M - 3XL FRK294LGY S - 2XL FRK294LGY-Big3XL - 4XL FRK294LGY-Tall M - 3XL F-R Lon -Sleeve-Mock Turtleneck FRK295DNY S - 2XL FRK295DNY-Big3XL - 4XL FRK295DNY-Tall M - 3XL FRK295LGY S - 2XL FRK295LGY-Big3XL - 4XL FRK295LGY-Tall M - 3XL F-R Zi -Front Hooded Sweatshirt10 oz FRK296DNY S - 2XL *FRK296 is subject to manufacturer availability FRK296DNY-Big3XL - 4XL FRK296DNY-Tall M - 3XL F-R Zi -Front Hooded Sweatshirt 14 oz FRK007DNY S - 2XL *New for 2011, replaces FRK296 when no longer available FRK007DNY-Big3XL - 4XL FRK007DNY-Tall M - 3XL FIR TWILL W/ POCKET. FLAPS FRS160KHI S-4XL FRS160MBL S-4XL FRS160DNY S-4XL FRS160GRY S-4XL TALLS M-4XL T FR TWILL W/SNAP_S . FRS006KHI M-4XL TALLS M-2XL T EXHIBIT C Garhartt Product Description'` <.• .; Carhartt St le# Sizes. `.. Cost -Plus Add'Your` %'Markup Bulk Order 'Lead time"; PANTS, FR + initial Flame -Resistant Denim Dungaree FRB13DNM 30 - 50 22.5% 15 days FRB13DNM-Big52 - 54 22.5% 15 days Flame -Resistant Loose -fit Midwei ht Canvas Jean IFRB159DNY 30 - 50 22.5% 15 days FRB159DNY-Big52 - 54 22.5% 15 days FRB159GKH 30 - 50 22.5% 15 days FRB159GKH-Big52 - 54 22.5% 15 days Flame -Resistant Relaxed -Fit Denim Jean FRB160DNM 30 - 50 22.5% 15 days FRB160DNM-Bi 52 - 54 22.5% 15 days Flame -Resistant Duckwork Dungaree FRB229BRN 30 - 50 22.5% 15 days . FRB229BRN-Big52 - 54 22.5% 15 da s FRB229DNY 30 - 50 22.5% 15 days FRB229DNY-Big52 - 54 22.5% 15 da s Flame -resistant Canvas Caro Pant FRB240 30 - 50 1 22.5% 15 days FRB240-Bi 52 - 54 22.5% 15 days Flame -resistant Relaxed fit Li htwei ht Jean FRB100DNM 30 - 50 22.5% 15 days FRB100DNM-Bi 52 - 54 22.5% 15 days Flame -resistant Twill Work Pant FRB002 30 - 50 22.5% 15 days FRB002-Bi 52 - 54 22.5T/.l5 days EXHIBIT D Wrangler ProductDescription. Wrangler St le# Sizes Cost -Plus Add Your' % Markup_ ,s Bulk Order Lead,tirne PANTS, FR + initial FR Wrangler Pro Rodeo Jeans, Ori inal Fit FR13MWZ 28 - 42 30.0% 15 da s FR13MWZ 44 - 46 30.0% 15 days FR13MWZ Inseam 38" 30.0% 15 days FR Wrangler Pro Rodeo Jeans, Relaxed Fit FR31 MWZ 28 - 42 30.0% 15 days FR31 MWZ 44 - 46 30..0% 15 days FR31MWZ Inseam 38" 1 30.0% 15 days EXHIBIT E Carhartt Product 'Descri tion_ Carhaitt Style# Sizes Gost-Plus: Add,Your %Markup Bulk '.-,Order,, Lead-time SHIRTS, FR initial Flame -Resistant Lon -Sleeve Henley FRK293DNY S - 2XL 23.0% 15Da s FRK293DNY-Big3XL - 4XL 22.5% 15Da s FRK293DNY-Tall M - 3XL 22.5%1 15Da s IFRK293LGY S - 2XL 23.0% 15Da s FRK293LGY-Big3XL - 4XL 22.5% 15Da s FRK293LGY-Tall M - 3XL 22.5%1 15Da s Flame -Resistant Lon -Sleeve T-Shirt FRK294DNY S - 2XL 23.0% 15Da s FRK294DNY-Big3XL - 4XL 22.5% 15Da s FRK294DNY-Tall M - 3XL 22.5%1 15Da s FRK294LGY S - 2XL 23.0% 15Da s FRK294LGY-Big3XL - 4XL 22.5% 15Da s FRK294LGY-Tall M - 3XL 22.5%1 15Da s Flame -Resistant Lon -Sleeve Mock Turtleneck FRK295DNY S - 2XL 23.0% 15Da s FRK295DNY-Big3XL - 4XL 22.5% 15Da s FRK295DNY-Tall M - 3XL 22.5% 15Da s FRK295LGY S - 2XL 23.0% 15Da s FRK295LGY-Big3XL - 4XL 22.5% 15Da s FRK295LGY-Tall M - 3XL 22.5% 15Da s Flame -Resistant Zip -Front Hooded Sweatsh 10oz FRK296DNY S - 2XL 23.0% 15Da s Will be Dropped for 2011 when no longer avail. FRK296DNY-Big3XL - 4XL 22.5% 15Da s T_'FRK296DNY-Tall M - 3XL 22.5% 15Da s Flame -Resistant Heavywt. Zip -Front Hooded Sweatshir FRK007DNY S - 2XL 23.0% 15Da s New for 2011 this is a 14oz FRK007DNY-Bi 3XL - 4XL 22.5% 15Da s EXHIBIT E FRK007DNY-Tall M - 3XL 22.5% 15Da s Flame -Resistant Twill Lon -Sleeve w/Pocket Flaps FRS160KHI S - 4XL 22.5% 15Da s FRS160MBL S - 4XL 22.5%1 15Da s FRS160DNY S - 4XL 22.5% 15Da s FRS160GRY S - 4XL 22.5% 15Da s TALLS M - 4XL T 22.5%1 15Da s Flame -Resistant Twill Lon -Sleeve w/Sna s FRS006KH1 M - 4XL 22.5% 15Da s I F I I ITALLS IM - 2XL T 22.5% 15Da s EXHIBIT F Off -The -Rack Products., ., .Retail Less . Discount CARHARTT BRAND CLOTHING (other than FR) 15% LEVI BRAND JEANS 10% WRANGLER BRAND PRO RODEO JEANS 10% SAFETY TOE FOOTWEAR 15% r 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 City of Fort Collins Jax Mercantile Company Attn: Purchasing Attn: Utilities — DeEtta Carr, Attn: Dave Chadsey, Buyer PO Box 580 Purchasing Coordinator P.O. Box 469 Fort Collins, CO 80522 PO Box 580 Bellvue, CO 80512 Fort Collins, CO 80522 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 Exhibits "C" through "F", consisting of five (5) pages, 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 Rev7/2009 2 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. 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 often (10) days within which to cure said default. In the. event the default Rev7/2009 3 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. 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. 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. 15. 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. 16. 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 Rev7/2009 4 (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 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. Rev7/2009 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. 17. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "B" through "F", consisting of six (6) pages, attached hereto and incorporated herein by this reference. Rev7/2009 CITY OF FORT COLLINS, COLORADO a municipal corporation By: Jam s B O'Neill II, CPPO, FNIGP Direc r f Purchasing and Risk Management Date: t r CORPORATE PRESIDENT OR VICE PRESIDENT Date: `ATTEST (Corporate Seal) COR:TE SECRETARY Rev7/2009 EXHIBIT A SCOPE OF WORK Objective: Service Provider has been selected to provide Carhartt FR and other selected Flame Retardant apparel for Fort Collins Light & Power Flame Retardant (FR) clothing. The National Fire Protection Association has recently stipulated in NFPA 70E-2009 130.3.13 that arc -rated FR clothing and other personal protective equipment be worn when employees are working with the Arc Flash Protection Boundary. The Occupational Safety and Health Administration (OSHA) has defined the maximum use limit for such clothing to be 11.1 calorie. A. In addition, this Pricing Agreement is also intended to encompass any other type of Work, Outdoor, Safety -related or other apparel or footwear purchase as required by the City and vended by Service Provider. 2. Ordering Process: A. Annually, the City will submit a Blanket Purchase Order (or Orders) for the calendar year which will authorize payment for the items ordered from Service Provider within that calendar year. Payment for items ordered will be on a Net 30 Days basis, payable by check from City of Fort Collins Accounts Payable. B. It will be the responsibility of City employees participating under this Pricing Agreement to come to Service Provider's business location(s) to try on apparel in order to ascertain their proper sizing. It will be the employee's responsibility to fill out the City's Order Form and submit it to their supervisor or Program administrator for approval. The supervisor or Program administrator will consolidate orders to the extent practical before submitting Stocking Orders to the Service. Provider. i. Stocking Orders are subject to the Cost -Plus % Markup pricing . and Lead times outlined in the attached Pricing Schedules ii. Off -The -Rack Retail purchases are subject to the Retail Less Discount pricing outlined in the attached Pricing Schedules C. The City reserves the right to purchase any single orders outside of this Contract on an as -needed basis. D. For large Stocking Orders, Service Provider will deliver in bulk to the City. E. For Off -The -Rack Retail purchases, the City of Fort Collins Procurement Card (currently a Visa) will be used. Presentation of the City Procurement card at checkout will be sufficient to qualify the purchase for the appropriate Discount. 3. Logos: The City will be responsible for providing any silkscreened or embroidered City logos required via a third -party provider after purchase of article from Service Provider; at the City's expense. 4. Pricing: A. Pricing on any Stocking Orders is to be F.O.B. City of Fort Collins Utilities Service Center Warehouse, 700 Wood Street, Fort Collins, Colorado. B. Service Provider will give a minimum of 30 days written notice to the City of any cost increase by the manufacturer (Carhartt). Typically any cost increases occur around the first of the year; the City acknowledges that Service Provider cannot control the timing of any cost increases from the manufacturer. C. Service Provider's Cost -Plus Markup Percentages and Retail Less Discount Percentages will stay constant for the duration of this Contract. D. The City reserves the right to add additional items to our "catalog" on an as -needed basis with the same "cost plus markup" or "retail less discount" formula as above. Typically this will be done at the annual contract renewal period. 5. Returns: A. Silkscreened or embroidered items are non -returnable, unless there is a manufacturer's defect in the garment. B. In the event manufacturer (Carhartt) sizing is inconsistent, Service Provider agrees the City can return these items back to them at no charge, and they will order a new replacement at no charge. C. The City agrees to pay freight back if it is an ordering error on our part on a non-logo'd item, and the City elects to return it. 6. Cooperative Purchasing: This is a non -bid Pricing Agreement between the City of Fort Collins and Service Provider. It is the intent of the City of Fort Collins that Service Provider extend this Pricing Agreement to other public agencies who wish to use it to the extent that their purchasing guidelines permit; to include (but not limited to) Poudre Fire Authority, Larimer County, and Poudre School District.