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HomeMy WebLinkAboutSunshine Cleaners• -' . • . City of . • JP'VVlieatRi_dge RFB-16-35 REBID DRY CLEANING SERVICES THIS AGREEMENT made this 27th day of December. 2016. by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the "City" or "Owner" and Clean Corp., dba Sunshine Cleaners, a Colorado Corporation, located at 9806 W. 60lh Avenue, Arvada, CO 80004, hereinafter referred to as the "Contractor." WITNESSETH, that the City of Wheat Ridge and the Contractor agree as follows: ARTICLE 1 -SERVICES The Contractor shall serve as the City's Contractor and provide as a minimum all of the services and products required for RFB-16-35 DRY CLEANING SERVICES, the vendor's, bid, and any agreed modifications. The actual services to be performed will be determined by the City to include but not limited to the following areas: • Pickup and delivery of clothing 5 days a week. • Laundry available for those items that don't warrant dry cleaning, as directed by the City. • Excellent quality, military creases. • Police uniforms and will include some civilian clothing. • Clean clothing exposed to bio-hazards. • Monthly billing. • One-time startup costs (bags/racks, etc.) At no charge • Expected Volume: 80 person's x 4-7 items (shirts/pants) per week = 320-560 items per week (Approximately 16,640 -29, 120 items per year). Quantity is not guaranteed. • One item= 1 shirt, 1 pair of pants, or other: such as -jackets, sport coats or other items (uniform cap, neckties, skirts, blouses, outwear coat, vest covers, etc.) ARTICLE 2 -TERM The work to be performed under this Agreement shall commence upon Council approval, receipt of signed agreement and insurance compliance. THE TERM FOR THIS AGREEMENT IS FROM THE SIGNATURE DATE OF THIS AGREEMENT THROUGH January 1, 2018 WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS, at the sole discretion of the City. Pricing shall remain firm for the renewal periods. The agreement may be automatically renewed if: • The City fails to contact your firm prior to the end of the current term regarding the desire to renew • All pricing remains the same and • The scope of work or specifications are not changed or modified. ARTICLE 3 ·PAYMENT AND FEE SCHEDULE It is understood and agreed by and between the parties hereto, that the City shall pay the Contractor for services provided and the Contractor shall accept a total not-to-exceed amount budgeted in any given fiscal year as full payment for such services, paid on a per item basis per the attached Price Schedule and Check List with no guarantee of quantity. Rcf>-16-35 DRY CLEANING SERVICES 1 Compensation to the City for any lost, stolen or damaged items. The Contractor shall pay the city for all lost, stolen or damaged items as determined by the City incurred in consequence of any defect, or mistake of the Contractor or his employees. The City and the Contractor shall come to an agreement of the cost of lost, stolen or damaged items. The cost shall be reimbursed to the City within 30 days or may be deducted in the next billing cycle and considered final compensation/restitution on a per item basis. ARTICLE 4 -INDEPENDENT CONTRACTOR A. In performing the work under this agreement, the Contractor acts as an independent contractor and is solely responsible for necessary and adequate worker's compensation insurance, person injury and property damage insurance, as well as errors and omissions insurance. The Contractor, as an independent contractor, is obligated to pay federal and state income tax on monies earned. The personnel employed by the Contractor are not and shall not become employees, agents or servants of the City because of the performance of any work by this agreement. B. The Contractor warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for it, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than bona fide employees working solely for the Contractor, any commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City will have the right to annul this agreement without liability or in its discretion to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 5 -INSURANCE In accordance with Article 4 above, the Contractor shall furnish a certificate of insurance upon notification of award and prior to performance. Work shall not commence under this agreement until the Contractor has submitted to the City and received approval thereof, a certificate of Insurance showing compliance with the following minimum types and coverages of insurance. Type of Insurance Minimum Limits of Liability Standard Worker's Compensation and Statutory, including occupational disease Employer Liability coverage for all employees at work site. Minimum limits of $500,000 each person, and $500,000 each accident, and $500,000 each disease. General Liability -PL & PD (minimum) a) Combined single limit -$600,000 written on an occurrence basis. b) Any aggregate limit will not be less than $1 million. c) Contractor must purchase additional insurance if claims reduce the annual aggregate below $600,000. d) City of Wheat Ridge to be named as additional insurance on each comprehensive general liability policy. e) Insurance shall include provisions preventing cancellation without 30 days' prior written via certified mail to the City. Automobile Liability (minimum) a) Contractor to carry a minimum of $1 million combined single limit auto insurance. - R::B-16-35 DRY cu:ANING SEiWICES 2 b) City of Wheat Ridge to be named as additional insured on each automobile liability policv. All policies and/or Certificates of Insurance shall include the City of Wheat Ridge as an additional named insured. Nothing herein shall be deemed or construed as a waiver Of any of the protections to which the agencies may be entitled, pursuant to the Colorado Governmental Immunity Act, Sections 24-10-101, C.R.S., as amended. ARTICLE 6 -INDEMNIFICATION The Contractor agrees to indemnify and to hold the City and its agents harmless tor, from and against any and all claims, suits, expenses, damages or other liabilities, including reasonable attorney fees and court costs arising out of damage or injury to persons, entities, or property causes or sustained by any person or persons as a result of the negligent performance or failure of the Contractor to provide services pursuant to the terms of this Agreement. ARTICLE 7 -CHANGE ORDERS OR EXTENSIONS The City may, from time to time, require changes in the scope of services of the Contractor to be performed herein. Such changes, including any increase or decrease in the amount of the Contractor's compensation, must be mutually agreed upon in writing by the City and the Contractor. The Contractor shall be compensated for all authorized changes in services, pursuant to the Request for Proposal, or if no provision exists, pursuant to the terms of the change order. ARTICLE 8 -Ea UAL EMPLOYMENT OPPORTUNITY A. The Contractor shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Contractor shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to their age, race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices provided by the local public agency setting forth the provisions of this nondiscrimination clause. 8. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. ARTICLE 9 -CHARTER. LAWS AND ORDINANCES The Contractor at all times during the performance of this agreement, agrees to strictly adhere to all applicable Federal, State and local laws, rules, regulations, and ordinances that affect or govern the work as contemplated under this agreement. ARTICLE 10-LAW AND VENUE The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this agreement. The parties agree that venue and jurisdiction for disputes regarding performance of this contract is with the District Court of Jefferson County, Colorado. RFIHS-35 DRY CLEANl~JG SERVICES 3 ARTICLE 11-TERMINATION A. The Contractor acknowledges that his failure to accomplish the work as described shall be considered a material breach of the contract and entitle the City to consequential damages resulting from failures, acts, or omissions including but not limited to reprocurement costs, insufficient or improper work. The City and the Contractor agree this contract may be canceled for cause by either party with a fifteen (15) day prior written notice. The cost of completing the portion of the work which remains unperformed at the time of such termination shall be deducted from the contract price before payment is made. B. The City may terminate the agreement for its convenience upon thirty (30) days' written notice. In the event of such termination, the Contractor will be paid for all work and expenses incurred up until the time of such termination. C. All work accomplished by the Contractor prior to the date of such termination, shall be recorded and tangible work documents shall be transferred to and become the sole property of the City prior to payment for services rendered. ARTICLE 12 -NOTICES Notice or communication given pursuant to this Agreement shall be made in writing to: City Contact: Contractor Contact: Citv: Jim Lorentz Vendor contact name Title: Division Chief, Police Department Vendor Address: 7500 W. 291h Avenue Address WheatRidge, CO 80033 City, State, Zip Citv email address: ilorentz@ci.wheatridae.co.us Vendor email address Phone: 303-235-2955 Phone: ARTICLE 13 -ASSIGNMENT AND SUBCONTRACTORS The duties and obligations of the Contractor arising hereunder cannot be assigned, delegated, nor subcontracted except with the express written consent of the City. The subcontractors permitted by the City shall be subject to the requirements of this Agreement, and the Contractor is responsible for all subcontracting arrangements and the delivery of services as set forth in this agreement. The Contractor shall be responsible for the performance of any sub-contractor. ARTICLE 14-SEVERABILITY To the extent that the agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the agreement, the terms of this agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. ARTICLE 15 -INTEGRATION OF UNDERSTANDINGS This agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force and affect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in writing and signed by an authorized representative of the City and the Contractor. RFB-16-35 DRY CLEANING SERVICES 4 ·······--··"····-········· .. ---·-""""''"""-_,,, ....... ,_,. __ ,_,_,,,_, ....... ~.------- ARTICLE 16 -AUTHORIZATION Each party represents and warrants that it has the power and ability to enter into this agreement, to grant the rights granted herein and to perform the duties and obligations described herein. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) originals, each of which shall be deemed an original on the date first written above. ATTEST TO CONTIU.CTOR: NAME TITLE DATE RFB-16-35 DRY CLEANfNG SERVICES OWNER CITY OF WHEAT RIDGE 7500 W 29TH AVENUE WHEAT RIDGE, CO 80033 303-234-5900 CONTRACTOR CLEAN CORP., OBA SUNSHINE CLEANERS 9806 W. GOTH AVENUE ARVAD~~ PRINT NAME TITLE I /t//7 DATE -·--·-·· ---·--........... --·. ···-····--.. ····--...... --····-------·-··-·-···-.. ·-··-·-- 5