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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