HomeMy WebLinkAbout505343 AMY'S GREEN DRY CLEANING - CONTRACT - BID - 7400 GREEN UNIFORM CLEANING SERVICESSERVICES 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 Ahead Start Inc, doing business as Amy's Green Dry Cleaning,
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 four (4)
pages and incorporated herein by this reference.
2. Contract Period. This Agreement shall commence August 15, 2012, and shall
continue in full force and effect until August 14, 2013, 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
Services Agreement
7400 Green Uniform Cleaning Services Page 1 of 17
basis.
Sport Coats, Plain Clothes Officers - Items are to be dry cleaned only, mended as needed,
returned wrinkle -free and with all buttons firmly in place. Return on hangers.
Caps, Uniformed Officers - Items are to be dry cleaned only on an as needed basis
Neckties, Uniformed and Plain Clothes Officers - Items are to be dry cleaned only on an as
needed basis.
Skirts, Dresses, Blouses, Etc. - Plain Clothes Female Officers - Items are to be wet or dry
cleaned as specified by the officer, mended as needed and returned wrinkle -free and with all
buttons firmly in place. Return on hangers.
8. Alteration Service: Service Providers shall perform quality alteration services as
requested by authorized personnel. Alteration service shall consist of: (1) taking up and
tapering of pants; (2) taking up or letting out waist; (3) shortening or lengthening trousers;
(4) taking up and tapering of shirt body and sleeves; (5) taking up sleeve length; and (6)
sewing patches (i.e., emblems) onto Uniforms . The City of Fort Collins reserves the right to
employ other firms for such alteration services.
9. Normal Service: 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
representatives.
a. Free pick-up and delivery service to FCPD, 2221 South Timberline Road, Fort
Collins, CO will run on Tuesday and Friday weekly if Service Provider and FCPD
elect to employ this option. Service Provider requires a minimum of 30 days notice in
writing from City Representative in the event City elects to pursue this option.
10. Complaint Forms: Service Provider must provide complaint forms to the designated
FCPD representatives, when requested. Service Provider must report to the FCPD
representatives in writing on Corrective Action taken within ten (10) working days of
notification of problem.
11. City Representative: The FCPD shall specify in writing designated representatives to
which the Service Provider shall address all questions, correspondence, etc. Primary FCPD
Representative will be Tricia Muraguri (tmuraguriQfcgov.com; 221-6541); primary Billing
contact will be Stephanie Gundry (sgundrv(a)fcgov.com ; 224-6041). Primary Service
Provider Representative will be Travis Erion (traviserion(")g gmail.com); 443-5003.
12. Billing: Service Provider will e-mail a copy of the Monthly Billing Statement in electronic
format to sgundrvno fcgov.com , with a copy to purchasing(o)-fcgov.com . If there is no activity
for the month, Service Provider will please send a courtesy e-mail stating that there was no
activity for this period.
13. Sustainability: Service Provider has specified cleaning process to be used as part of their
Bid submission. Note that it is the City's intention to award to vendors whose processes DO
NOT include those under the "Worst Choices" category on the Comparison of Health and
Services Agreement
7400 Green Uniform Cleaning Services Page 10 of 17
Environmental Hazards for Alternative Cleaning Technologies chart listed below. Processes
were assigned a score according to Category 7 under Method of Award, above. PERC
(perchloroethylene, also known as tetrachloroethylene), has been shown to have significant
negative health impacts. The US EPA recently issued a draft assessment calling PERC a
"likely human carcinogen,"' and the State of California categorizes the solvent as a
carcinogen (on the Prop 65 list), and is completely phasing out use of the chemical in the
state. In addition, PERC is a neurotoxin, harms liver and kidney function, and persists in the
environment.2 Service Provider has submitted documentation to the City as proof that Amy's
Green Dry Cleaning is a GreenEarth licensed affiliate using Cyclopentasiloxane. Any
deviation from that process for the Dry Cleaning portion of this contract must be submitted to
the City in writing and approved 90 days in advance. Professional Wet Cleaning is the other
process submitted and approved under this contract.
Comparison of Health and Environmental Hazards for Alternative Cleaning Technologies
Rating
Technology
Primary Human Health and Environmental
Hazards
([Best Choice
Professional Wet Cleaning
• None Identified
Good Choice
CO2 cleaning3
None Identified
Hydrocarbon solvents:
• Neurotoxicity, eye, skin & respiratory irritation
MId an- ices
• DF-2000TM
• Potential concerns for persistence and aquatic
I
• EcoSoly®
toxicity
h;MIy
• Shell Sol
• Complex mixtures which may contain other
• PureDry®
ingredients of concern
• Emits smog forming volatile organic compounds
(VOCs)
M �
GreenEarth® (D5) solvent
• Suspected carcinogen, reproductive toxin
• Liver, immune and nervous system effects
E
• Persistent in environment
CO2 cleaning3 with Miceli
• Possible use of perfluorooctanoic acid (PFOA) in
Technologies
Miceli technology raises concerns for endocrine
disruption, reproductive and developmental
It rr ; ,,I ,' I'
effects and persistence/bioaccumulation
A y,
RynexTM solvent
• Chemical identity withheld
• Primary ingredient likely to be dipropylene glycol
t-butyl ether (DPGTBE)
'
DPGTBE structurally related to a listed
carcinogen and predicted to be persistent
�,.
• Emits smog forming VOCs
•Complete assessment not possible without
information on identity and hazards of chemical
ingredients
I National Academies of Sciences. "Review of the Environmental Protection Agency's Draft IRIS Assessment of
Tetrachloroethylene." The National Academies Press. Washington, DC. 2010
htlo://www.nap.edu/cataloe.php?record id=12863
2 City and County of San Francisco, Department of The Environment. "Comparison of Health and Environmental
Hazards for Alternative Dry Cleaning Technologies."
http:/ANiywsfenviron nicmore/downloads/libran,/I alternatives assessment table envheakh onh ndf
Services Agreement
7400 Green Uniform Cleaning Services Page 11 of 17
Hydrocarbon solvent:
• Contains aromatic hydrocarbons (e.g. benzene, a
Stoddard solvent blend
carcinogen)
-
• Neurotoxic, eye, skin and respiratory irritation
• Potential concerns for bioaccumulation and
aquatic toxicity
• Emits smog forming VOCs
Perch loroethylene
• Carcinogen (Proposition 65list)
• Liver and kidney effects
• Neurotoxic, eye, skin and respiratory irritation
• Persistent in the environment
• Mandatory phase out in progress (Bay Area Air
Quality Management District)
1- Propyl bromide
• Male and female reproductive toxicant and
developmental toxicant (California's Prop 65 list)
• Neurotoxic, eye, skin and respiratory irritation
• Flammable liquid, NFPA rating 3
Source: City and County of San Francisco, Department of The Environment
14. Current Locations: Current retail locations for dropoff and pickup of items for Wet Cleaning
and Dry Cleaning under this Services Agreement include the following:
Fort Collins Locations:
1829 East Harmony Road (Main Location)
Fort Collins, CO 80528
M-F: 8:00 a.m. — 7:00 p.m.
Sat: 10:00a.m. — 4:00 p.m.
353 West Drake #150
Fort Collins, CO
M-F: 8:00 a.m. — 7:00 p.m.
Sat: 10:00a.m. —4:00 p.m.
2608 Timberline Road #100 (Next to King Soopers)
Fort Collins, CO
M-F: 8:00 a.m. — 7:00 p.m.
Sat: 10:00a.m. — 4:00 p.m.
Loveland Locations:
273 East 29`h St #D
Loveland, CO
M-F: 8:00 a.m. — 7:00 p.m.
Sat: 10:00a.m. —4:00 p.m.
550 North Jefferson
Loveland, CO
M-F: 8:00 a.m. — 6:00 p.m.
Services Agreement
7400 Green Uniform Cleaning Services Page 12 of 17
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:
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. i
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.
Services Agreement
7400 Green Uniform Cleaning Services Page 13 of 17
EXHIBIT C
PRICING SCHEDULE, 2012-13 CONTRACT
#7400 GREEN UNIFORM CLEANING SERVICES
1A. WET CLEANING:
Item
Description
Price, each
1
Shirts, short -sleeve, uniformed officers. Clean
as specified by officer, mend as needed, press
$zA0
with military creases, return wrinkle -free on
hangers.
1A
Shirts, long -sleeve, uniformed officers. Clean
as specified by officer, mend as needed, press
$2.00
with military creases, return wrinkle -free on
hangers.
2
Shirts, plain clothes officers. Clean as specified
by officer, return wrinkle -free on hangers.
$2.00
3
Trousers, uniformed officers.
Clean as specified by officer, return wrinkle -free.
$4.00
4
Trousers, plain clothes officers.
Clean as specified by officer, return wrinkle -free.
$4.00
5
Jackets, uniformed officers.
Clean as specified by officer, return wrinkle -free
$2.00
on hangers with no mats in pile.
6
Sport Coats, plain clothes officers.
Dry clean as specified by officer, return wrinkle-
NA
free on hangers.
7
Hats, uniformed officers.
Dry clean hat as specified by officer.
NA
8
Neckties, uniformed and plain clothes officer.
Dry clean as specified by officer.
NA
9
Skirts, plain clothes officer.
Clean as specified by officer, mend as needed,
$4.00
return wrinkle -free on hangers.
10
Dresses, plain clothes officer.
Clean as specified by officer, mend as needed,
$4.00
return wrinkle -free on hangers.
11
Blouses, plain clothes officer.
Clean as specified by officer, mend as needed,
$2.00
return wrinkle -free on hangers.
Services Agreement
7400 Green Uniform Cleaning Services Page 14 of 17
Item
Description
Price, each
12
Vests, plain clothes officer.
$2.00
Clean as specified by officer, mend as needed,
return wrinkle -free on hangers.
Sweaters, uniformed officers.
13
Dry clean as specified by officer, return wrinkle -
free on hangers with no mats in pile.
NA
Sweaters, plain clothes officers.
14
Dry clean as specified by officer, return wrinkle -
free on hangers.
NA
15
Traffic Vests. Clean as specified by officer,
$2.00
return wrinkle -free. Mend as needed.
16
Knit ski caps. Dry clean as specified by officer,
NA
mend as needed.
17
Coveralls. Clean as specified by officer, return
$4.00
wrinkle -free. Mend as needed.
1B. DRYCLEANING:
Item
Description
Price, each
1
Shirts, short -sleeve, uniformed officers. Clean
as specified by officer, mend as needed, press
$2.00
with military creases, return wrinkle -free on
hangers.
1A
Shirts, long -sleeve, uniformed officers. Clean
as specified by officer, mend as needed, press
$2.00
with military creases, return wrinkle -free on
hangers.
2
Shirts, plain clothes officers. Clean as specified
by officer, return wrinkle -free on hangers.
$2.00
3
Trousers, uniformed officers.
Clean as specified by officer, return wrinkle -free.
$4.00
4
Trousers, plain clothes officers.
Clean as specified by officer, return wrinkle -free.
$4.00
5
Jackets, uniformed officers.
Clean asspecified by officer, return wrinkle -free
$2.00
Services Agreement
7400 Green Uniform Cleaning Services Page 15 of 17
Item
Description
Price, each
on hangers with no mats in pile.
6
Sport Coats, plain clothes officers.
Dry clean as specified by officer, return wrinkle-
$2.00
free on hangers.
7
Hats, uniformed officers.
Dry clean hat as specified by officer.
$2.00
8
Neckties, uniformed and plain clothes officer.
Dry clean as specified by officer.
$2.00
9
Skirts, plain clothes officer.
Clean as specified by officer, mend as needed,
$4.00
return wrinkle -free on hangers.
10
Dresses, plain clothes officer.
Clean as specified by officer, mend as needed,
$4.00
return wrinkle -free on hangers.
11
Blouses, plain clothes officer.
Clean as specified by officer, mend as needed,
$2.00
return wrinkle -free on hangers.
12
Vests, plain clothes officer.
$2.00
Clean as specified by officer, mend as needed,
return wrinkle -free on hangers.
13
Sweaters, uniformed officers.
Dry clean as specified by officer, return wrinkle-
$2.00
free on hangers with no mats in pile.
14
Sweaters, plain clothes officers.
Dry clean as specified by officer, return wrinkle-
$2.00
free on hangers.
15
Traffic Vests. Clean as specified by officer,
return wrinkle -free. Mend as needed.
$2.00
Knit ski caps. Dry clean as specified by officer,
16
mend as needed.
$2.00
Coveralls. Clean as specified by officer, return
$4.00
17
wrinkle -free. Mend as needed.
Services Agreement
7400 Green Uniform Cleaning Services Page 16 of 17
2. ALTERATIONS:
Price for alteration services, as follows:
Description
Price, each
1 — Taking up and tapering of pants
$18.00
2 — Taking up and letting out waist
$18.00
3 — Shortening or lengthening trousers
$15.00
4 — Taking up and tapering of shirt body and sleeves
$18.00
5 — Taking up sleeve length
$15.00
6 — Sewing patches (i.e., emblems) onto Uniforms
$5.50
Services Agreement
7400 Green Uniform Cleaning Services Page 17 of 17
ACORd CERTIFICATE OF LIABILITY INSURANCE
OATE(MMDp/YYYY)
7/16/2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: N the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does rapt confer rights to the
certificate holder In lieu of such endorsement's).
PRODUCER
Weedin Agency, Inc.
PO BOX L
PNOEM (970 532-3131 INC N.) 070) 532-3100
ADDRESS:
Berthoud, CO 80513
WIMEe(911EGMpl11e COVEIIIIGE
RNC.
INSURERA: OWNERS INSURANCE CO
INSURED AHEAD START, INC
INSURER B:
DBA AMY'S GREEN DRY CLEANING
INSURER C:
540 S 550 N JEFFERSON AVE
INSURERD:
LOVELAND, CO 80537
INSURERS:
NSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMRFR'
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
liin
TYPE OF INSURANCE
I0.
SVWe
POLICY NUMBER
MM/DD/YYYV
MM/DD/YWY
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE I OCCUR
Y
74456849
11/29/1111/29/12
EACH OCCURRENCE
E 2 000 000
PREMISES Ea ocolrrence
$ 300,000
MED EXP(Any ogre person)
$ 10,000
PERSONAL B ADV INJURY
s 2,000,000
GENERAL AGGREGATE
$ 3,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
X POLICY PR4 LOC
PRODUCTS - COMPIOP AGG
$ 3,000,000
s
A
AUTOMOBILE
X
LIABILITY
ANYAUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
HIRED AUTOS AUTOS
4745684800
11/28/11
11/28/12
Ee act IS)
s 1,000,000
BODILY INJURY (Par person)
S
BODILY INJURY (Par accident)
$
Per acmdera
$
$
UMBRELLA LAB
EXCESS LAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
S
AGGREGATE
s
DED I I RETENTION$
s
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANr PROPEIETO"Otn ISEx CUTNE ❑
OIFFICER/MEMdER IXGIUCEOi
If yes, descries under
DESCRIPTION OF OPERATIONS aglow
N/•
WC STATU- H-
T RYLIMIT ER
EACH ACCIDENTMDISASEwnn
$s
FE.LL.
-EA PLOYE
E.L. DISEASE -POLICY LIMIT
I E
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Adaeh ACORD 1D1, Addition R.I SIUe Shcedule, if mare Space Is required)
CITY OF FORT COLLINS IS LISTED AS ADDITIONAL INSURED.
CITY OF FORT COLLINS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
PO BOX 580 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
FORT COLLINS, CO 80522-0580 ACCORDANCE WITH THE POLCY PROVISIONS.
ACORD25(2010/05) The ACORD name and logo are registered marks of ACORD
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:
Copy to:
Service Provider:
City of Fort Collins
City of Fort Collins
Ahead Start Inc
Attn: Purchasing
Attn: Tricia Muraguri, Police
DBA Amy's Green Dry
PO Box 580
Services
Cleaning
Fort Collins, CO 80522
PO Box 580
1829 East Harmony Rd
Fort Collins, CO 80522
Fort Collins, CO 80528
Travis & Amy Erion
traviserionAgmaii.com
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 "C",
consisting of four (4) 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.
Services Agreement
7400 Green Uniform Cleaning Services Page 2 of 17
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.
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
Services Agreement
7400 Green Uniform Cleaning Services Page 3 of 17
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 parry'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
Services Agreement
7400 Green Uniform Cleaning Services Page 4 of 17
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.
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
Services Agreement
7400 Green Uniform Cleaning Services Page 5 of 17
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.
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.
Services Agreement
7400 Green Uniform Cleaning Services Page 6 of 17
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: d
James B. O'Neill II, CPPO, FNIGP
DirectVof Purchasing and Risk Management
Date:
Ahead Start Inc, doing business as Amy's Green Dry
Cleaning
/VQ V15, CVIO Yj
PR NAME
'-4WS Er10 ✓1
CORPO ATF PRESIDENT OR VICE PRESIDENT
Date: A' 20/
ATTEIT (Corpc ate Sea])
CORPORATE SECRETARY
Services Agreement
7400 Green Uniform Cleaning Services Page 7 of 17
Services Agreement
7400 Green Uniform Cleaning Services Page 8 of 17
EXHIBIT A
SCOPE OF WORK
#7400 GREEN UNIFORM CLEANING SERVICES
General: This specification covers the uniform cleaning requirements of the City of Fort
Collins Police Department (FCPD). Awards shall be for an initial period of one year, from
August 15, 2012 through August 14, 2013. Cleaning Services under this agreement shall be
provided only to authorized department personnel. At the option of the City awards may be
renewed for up to four (4) additional one-year periods. Renewals and pricing changes shall
be negotiated by and agreed to by both parties at the time of the annual renewals. The
Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office
will be used as a guide.
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 wet or 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. Quantities: The quantities listed in the Bid are approximate annual quantities, based on
past purchase records. The actual number of items cleaned may vary.
4. Pickup and Delivery: Uniforms and apparel will be delivered to and picked up from the
vendors by authorized police department personnel. Also, vendors may include pickup and
delivery service at the Fort Collins Police Services facility at 2221 South Timberline Road.
5. Unlisted Items: The City shall only pay for the cleaning of items listed in this bid.
6. 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 bill by the
current replacement value for that item. If lost article is not located by the end of the current
billing cycle, payment for that billing cycle will be reduced by the current replacement cost of
the lost article.
7. Minimum Specifications:
Shirts, Uniformed Officers - Items are to be wet or dry cleaned (per City Environmental
Standards) as specified by the officer, mended as 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 wet or dry cleaned as specified by the officer,
mended as needed and returned wrinkle -free and with all buttons firmly in place. Return on
hangers.
Trousers, Uniformed Officers - Items are to be wet or dry cleaned as specified by officer,
mended as needed, returned wrinkle -free and with all buttons firmly in place.
Trousers, Plain Clothes Officers - Items are to be wet or dry cleaned as specified by the
officer, mended as needed, returned wrinkle -free and with all buttons firmly in place.
Jackets, Uniformed Officers - Items are to be wet or dry cleaned, mended as needed,
returned wrinkle -free and with no mats in pile. Return on hangers. Clean on an as needed
Services Agreement
7400 Green Uniform Cleaning Services Page 9 of 17