HomeMy WebLinkAboutresolution.council.086-98
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RESOLUTION #86
(Series of 1998)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND ROBERT RIDDLE, CONTRACTOR, SETTING
FORTH THE TERMS AND CONDITIONS REGARDING CLEANING AND
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 cleaning and
janitorial services for the Wheeler Opera House, a copy of which is annexed
hereto and incorporated herein, and does hereby authorize the City Manger of the
City of Aspen to execute said contract on behalf of the City of Aspen.
Dated: ~.-L a'~ 1GJ11
36 Ik OM S. Be ett, Mayor
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 November 23, 1998.
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SERVICE AGREEMENT
(Cleaning and Janitorial Services)
THIS AGREEMENT is made this 1" day of October, 1998, by and be.tween the City
of Aspen, a home rule municipal corporation ("City") and Robert L. Riddle ("Contractor")
whose address is: P.O. Box 3424, Aspen, Colorado 81612. In consideration 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. Compensation. City shall pay contractor the sum of $44,000.00 as follows:
$3,666.67 per month, due and payable on or before the 10th day of the month
following the month of services.
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3. Term of Agreement. This agreement shall be effective as of October 1, 1998 and shall
continue thereafter until September 30,2001, or until earlier terminated by either party upon
sixty (60) days written notice 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 ina 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 payor be liable for payment of any sums due which may be due to any subcontractor unless
roo,\ agreed to in writing beforehand by the City.
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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 fails 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 sustained 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-off until such time as the,exact
amount of damages due the City from the Contractor may be determined.
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7. Covenant Against Contingent Fees. The Contractor warrants that slhe 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 slhe has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission, percentage,
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. Eauipment. 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 the
services to be provided in accordance with the Service Agreement.
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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 Cohtractor. 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
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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.
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11. Indemnification. Contractor agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against allliaqility, 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 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 amounts, 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.
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(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
f~ 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 from 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.
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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. Ineligibi1i~. 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 from 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.
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16. Warranties Against Contingent Fees, Gratuities. Kickbacks and Conflicts ofInterest.
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 fonner employee of the City a gratuity
or any offer of employment in connection with any decision, approval, disapproval,
reco=endation, 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 in 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 tenn 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:
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Cancel the Service Agreement without any liability by the City;
Debar or suspend the offending parties from being a Contractor, vendor
or sub-contractor under City contracts;
Deduct from the contract price or consideration, or otherwise recover,
the value of anything transferred or received by the Contractor; and
Recover such value from the offending parties.
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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 tenns 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.
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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 perfonn services under
1""'. 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 Asoen 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 Rel!Ulations. 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.
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25. Execution of Service Agreement bv 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
f'"""'o.. a writing signed by the parties.
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(d) The Service Agreement shall be governed by the laws of the State of Colorado
as from time to time in effect.
By:
Title:
CONTRACTOR:
By:/<fP,~
f;!e..Aj ~YOIC~
Title:
EAA.Q9124198-g:lcontractlagrlSERViCE,AGR
CITY OF ASPEN
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CLEA}ITNGSERVICSPECITICATIONS
Contractor shall perform in a good and workmanlike manner, th0se maintenance services
described below:
Location: Wheeler Opera House
Hours: Various hours, primarily betweeen the hours of Midnight and 8:00am.
Area to be Serviced Includes: Entire area of the Wheeler Opera House excluding the restaurant
and the glass shop.
Cleaning Services shall include:
Empty and clean wastebaskets and waste containers, insert liners as required.
Sweep and damp mop hardwood floors, including backstage, halls, stairways, box office,
etc.
Scrub floors as needed.
Machine polish floors as needed.
Dust banisters and handrails.
Vacuum all rugs and carpets, including all office spaces.
Thoroughly clean all urinals, toilets, lavatory sinks, and all the wall and floor surfaces
with a solution containing a 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
Clean Bx Office entrance and entrance glass.
Clean windows throughout lobby, administration areas, clean screens as needed.
Clean drinking fountains.
Deposit and remove all recyclable materials.
Sweep entrance sidewalks, hose down entrance sidewalks according to season, and clean
up trash around exterior ofbuilding.
Maintainjanitorial closet clean and orderly. '
Prepare list of cleaning supplies as need to reorder stock arises.
To eliminate fire hazard, all flammable dust clothes and floor sweeping clothes stored in
metal containers furnished by Cleaning Contractor.
Maintain record of any irregularities during servicing, such as defective plumbing,
fixtures, leaks, door left unlocked, lights left on, shortages of materials.
Turn off all lights except those required to be left on. Close windows and lock all
entrance doors.
Spot check auditorium seats and vacuum house.
Remove gum and candy from carpets and other surfaces.
Clean and supply all dressing rooms on both levels, including mirrors, counters, chairs,
etc.
Remove debris from window wells and sills.
Dust partitions, ledges, moldings, and window casings.
Spot clean walls and woodwork to remove finger marks and stains.
r-. 24. Clean all polish bright metal surfaces throughout buildings, including doors, railings,
plates.
25. Vacuum upholstered furniture including the auditorium seats, green room and dressing
room furniture.
26. Clean all floor mats.
27. Wash and clean vending machines and dispensers.
, 28. Dust ventilation ducts, and clean and vacuum surrounding areas.
29. Wash and clean overhead lighting fixtures and glass.
30. Vacuum pit area when open.
31. Clean pictures and glass.
32. Clean and disinfect all telephones.
33. Additional services as required. *
, *Periodic machine shampoo of carpeted area throughout entire building is also required and will
be paid additional,
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