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HomeMy WebLinkAboutresolution.council.090-01 RESOLUTION # ~D (Series of 2001) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND ROBERT RIDDLE SETTING FORTH THE TERMS AND CONDITIONS REGARDING JANITORIAL SERVICES FOR THE WHEELER OPERA HOUSE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Robert Riddle, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and Robert Riddle regarding janitorial services for the Wheeler Opera House, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: j~27_2~.'~~. ~.--'7/ I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the city of Aspen, Colorado, at a meeting held September 24, 2001. Kathryfi. ~-~6'ch, City Clerk PROCUREMENT CONTRACT ROUTING SLIP AND CHECK LIST Instructions: This form should be completed at each step' of the procurement process and should follow each request for review or approval. Contracts under $5,000 require only Department Head approval. Contracts over $5,000 require City Manager approval They do not require competitive bids but require documentation of source selection process. Contracts over $10,000 reqmre City Attorney and City Manager approval. Competitive bidding process is required, Contracts over $25,000 require City Council approval. ALL CONTRACTS Procurement Description: ~. ~_~a~7 ~._~ Budget estimate: $ 4,~', ~5oO -- ~)~, proposed expenditure approved in the Department's budget? /_~/_~ Is Yes No Explain prpcess fo, ve.ndor selection: ~/it~/~gl/ Dept. Head approval of proposal: CONTRACTS OVER $5~000 AND UNDER $10~000 Contractor/Vendor Selected: Dept. Head approval: __ City Attorney review: __ City Manager Approval: Original signed contract docUments to City Clerk. Department and to Vendor/Contractor CONTRACTS OVER $10~000 ~ l~¥2~ RFP or ITB Completed:~.~'- __ Eng. Dept. Review: ~ff~/OII RFP or ITB Rev ewed by City Attorney: 7//[~01/1~ Advertisement ~)>/2~7/OI/ 2"~ Advertisement ~Attach Advertisement~ ~ Bid Opening: Contractor/Vendor Selected:"~_ ~(x~o ,Y0C'~-'~ ~ t~ ~_~ ept. Head approval: ~//t//OI/ Award letter sent: / 3 signed contracts returned by vendor/contractor. /' Performance and Payment Bonds received Certificate of insurance received __ Finance Department Review: If Over $25.000. ~/[~/{/ Prepare cover memo and resolution for City Council Approval. City Attorney Review. __ City Manager Approval: ~ City Council Approval Noticb'to Proceed Original signed contract documents to C~ty Clerk. Department and Contractor/Vendor SERVICE AGREEMENT (Cleaning and Janitorial Services) THIS AGREEMENT is made this 19th day of September, 2001, by and between the City of Aspen, a home rule municipal corporation ("City") and Robert L. Riddle ("Contractor") whose address is: 0043 Elk Mountain Dr., Redstone, CO. Inconsideration of the following covenants, the parties agree as follows: 1. Services. Contractor shall perform in a professional manner the "Service Specifications" set forth in Exhibit "A" appended hereto. Contractor shall furnish all labor, equipment and supplies (except restroom supplies such as paper towels, toilet tissue, toilet seat covers, hand soap, and deodorants) as are necessary to perform said services. The parties agree that additional services not listed on Exhibit "A" shall be billed separately. 2. Compensafion. City shall pay contractor the sum of $47,000.00 as follows: $3,916.66 per month, due and payable on or before the 10th day of the month following the month of services. 3. Term of Agreement. This agreement shall be effective as of October 1, 2001 and shall continue thereafter until September 30, 2004, or until earlier terminated by either party upon sixty (60) days written nofice to the other. 4. Security Procedure. Contractor shall comply with all written security procedures indicated in the specifications. City shall post the emergency name and phone numbers of both building management and key personnel in a conspicuous place in the janitor closet. City Shall also designate in writing the names of authorized employees assigned to the building and their approximate commencement and departure times. It is mutually understood and agreed that no person, other than Contractor's employees, shall be permitted to enter the premises during the period that Contractor is performing services hereunder. All employees of the City authorized to be on the premises, shall have their own means of entry. In addition, City consents that Contractor retain duplicate keys for emergency and supervisory requirements. 5. Non-Assignability. Both parties recognize that this contract is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Contractor of any of the responsibilities or obligations under this agreement. Contractor shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractor's officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Contractor to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any subcontractor unless agreed to in writing beforehand by the City. 6. . Termination. The Contractor or the City may terminate this Agreement upon sixty (60) days notice, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. The City shall have the right to terminate the Service Agreement upon three (3) days notice if Contractor falls to comply with the terms and conditions set forth in Sections 1, 4, 5, 7, 12, 15, 16 and 18. For breach of any other term and condition of the Service Agreement, City may terminate the Service Agreement with ten (10) days prior notice to cure and failure by Contractor to so cure. No compensation shall be earned after the effective date of the termination. Notwithstanding the above, Contractor shall not be relieved of any liability to the City for damages susta'med by the City by virtue of any breach of this Agreement by the Contractor, and the City may withhold any payments to the Contractor for the purposes of set-offuntil such time as the exact mount of damages due the City from the Contractor may be determined. 7. Covenant Against Contingent Fees. The Contractor warrants that s/he has not been employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, pementage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. For a breach or violation of this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Equipment, Materials and Supplies. Unless otherwise agreed to by the City, Contractor shall acquire, provide, maintain, and repair at Contractor's expense such equipment, materials, supplies, etc,, as necessary for the proper conduct of the services to be provided in accordance with the Service Agreement. 9. Contract Monitoring~ Contractor agrees to allow City to reasonably monitor thc services to be provided in accordance with the Service Agreement. 10. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Contractor shall be, and shall perform as, an independent contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract, The manner and means of conducting the work are under the sole control of Contractor. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Contractor. Contractor shall be solely and entirely responsible for its acts and for the acts of contractor's agents, employees, servants and subcontractors during the performance of this contract. Contractor shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Contractor and/or Contractor's employees engaged in the performance of the services agreed to herein. 11. Indemnification. Contractor agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Service Agreement, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Contractor, any subcontractor of the Contractor, or any officer, employee, representative, or agent of the Contractor or of any subcontractor of the Contractor, or which arises out of any workmen's compensation claim of any employee of the Contractor or of any employee of any subcontractor of the Contractor. The Contractor agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Contractor, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. The Contractor also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims, or demands alleged are groundless, false, or fraudulent. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 12. Contractor's Insurance. (a) Contractor agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Contractor pursuant to Section 11 above. Such insurance shall be in addition to any other insurance requirements imposed by law. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 11 above by reason of its failure to procure or maintain insurance, or by reason if its failure to procure or maintain insurance in sufficient mounts, duration, or types. (b) Contractor shall procure and maintain Workmen's COmpensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under the Service Agreement, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self- insured status may be substituted for the Workmen's Compensation requirements of this paragraph. (c) Failure on the part of the Contractor to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may terminate the Service Agreement as provided by Section 6 above, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Contractor to City upon demand, or City may offset the cost of the premiums against monies due to Contractor fi.om City. (d) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (e) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protection provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 13, City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Contractor for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide contractor reasonable notice of any changes in its membership or participation in CIRSA. 14. Waiver of Presumption. The Service Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Service Agreement. 15. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Contractor certifies, by acceptance of the Service Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded fi.om participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that vendor or any lower tier participant was unable to certify to this statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 16. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage~ brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. Contractor agrees not to give any employee or former employee of the City a gratuity or any offer of employmem in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advise, investigation, auditing, or m any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefor, Contractor represents that no official, officer, employee or representative of the City during the term of the Service Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in the Service Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of the Service Agreement. In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: I Cancel the Service Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Contractor, vendor or sub-contractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Contractor; and 4. Recover such value from the offending parties. 17. Termination for Default or for Convenience of City. The services contemplated by the Service Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interest and convenience. 18. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If the Service Agreement contemplates the City utilizing state or federal funds to meet it obligations herein, the Service Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of the Service Agreement. 19. City Council Approval. If the Service Agreement requires the City to pay an amount of money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 20. Notices. Any written notices as called for herein may be hand delivered or mailed by certified mail, return receipt requested to the respective person or address listed above. 21. Non-Discrimination; Penalty. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Contractor agrees to meet all of the requirements of City's municipal code, Section 13- 98, pertaining to non-discrimination in employment. 22. City of Aspen Procurement Code. Notwithstanding anything to the contrary contained herein or in the Contract Documents, the Service Agreement shall be subject to the City of Aspen Procurement Code, Chapter 4 of the Aspen Municipal Code. 23. Compliance With All Laws and Regulations. Contractor shall give all notices and comply with all laws, regulations, and ordinances applicable to the provision of the services contemplated by the Service Agreement. Contractor shall obtain all necessary business licenses and permits, and shall pay all requisite occupation taxes levied by the City of Aspen upon persons engaged in business within the City limits. 24. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of the Service Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Contractor to which the same may apply and, until complete performance by Contractor of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under the Service Agreement or by law despite any such forbearance or indulgence. 25. Execution of Service Agreement by City. The Service Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, the Service Agreement shall not be binding upon the City unless duly executed by the City Manager of the City of Aspen (or a duly authorized official in his or her absence). 26. General Terms. (a) It is agreed that neither the Service Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of the Service Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made excePt upon a writing signed by the parties. hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Service Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. CITY OF ASPEN CONTRACTOR: Title: JPW-09/19/01-G:\john\word\agr\janitor .doc CLEANING SERVICE SPECIFICATIONS Contractor shall perform in a good and workmanlike manner, those maintenance sermces described below: Location: Wheeler Opera House Hours: Various hours, primarily between the hours of 10:00 pm and 10:00 am. Some daytime hours outside of this time frame may be necessary depending on Wheeler programming schedule. Area to be Serviced Includes: Entire area of the Wheeler Opera House excluding the restaurant and the glass shop: Cleaning Services shall include: 1. Empty and clean wastebaskets and waste containers, insert liners as required. 2. Sweep and damp mop hardwood floors, including backstage, halls, stairways, box office, etc. as needed. 3. Scrub floors' as needed. 4. Machine polish floors as needed 5. Dust banisters and handrails as needed. 6. Vacuum all rugs and carpets, including ail office spaces as needed. 7. Thoroughly clean all urinals, toilets, lavatory sinks, and all the wail and floor surfaces with a solution containing an approved disinfectant. Damp mop lavatory room floor areas with disinfectant, clean mirrors and bright metal. Refill urinal cleaners and batteries. Supplies furnished by the Wheeler Opera House. 8. Clean Box Office entrance and entrance glass as needed. 9. Clean windows throughout lobby, administration areas, clean screens as needed, 10. Clean drinking fountains as needed. 11. Deposit and remove all recyclable materiais as needed. 12. Sweep entrance sidewalks, hose down entrance sidewalks according to season, and clean up trash around exterior of building as needed. 13. Maintain janitorial closet in a clean and orderly fashion. 14. Prepare list of cleaning supplies as need to reorder stock arises. 15. To eliminate fire hazard, all flammable dust cloths and floor sweeping cloths must be stored in metal containers furnished by Cleaning Contractor. 16. Complete nightly s~ice record log. Record any irregularities during servic'mg, such as defective plumbing, fixtures, leaks, door left unlocked, lights left on, shortages of materiais. 17. Turn off all lights except those required to be left on. Close windows and lock all entrance doors. 18. Spot check auditorium seats and vacuum house as needed. 19~. Remove gum and candy from carpets and other surfaces as needed. 20. Clean alt dressing rooms on both levels, including mirrors, counters, chairs, etc. and supply as needed. 21. Remove debris from window wells and sills as needed. 22. Dust Partitions, ledges, moldings, and window casings as needed. 23. Spot clean walls and woodwork to remove finger marks and stares as needed, 24. Clean and polish bright metal surfaces throughout buildings, including doors, railings, plates as needed. 25. Vacuum upholstered furniture including the auditorium seats, green room and dressing room furniture as needed. 26. Clean all floor mats as needed. 27. Wash and clean vending machines and dispensers as needed. 28. Dust ventilation ducts, and clean and vacuum surrounding areas as needed. 29. Wash and clean overhead lighting fixtures and glass as needed. 30. Vacuum pit area when open. 31. Clean pictures and glass as needed. 32. Clean and disinfect all telephones as needed. 33. Additional services as required.*. Periodic machine shampoo of carpeted area throughout entire building is also required and ~vill be paid additional.