HomeMy WebLinkAboutresolution.council.067-18 RESOLUTION #67
(Series of 2018)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND IRIS CARPET CARE AND WINDOW CARE AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
carpet cleaning service for APCHA rental units, between the City of Aspen and
Iris Carpet Care and Window Care, a true and accurate copy of which is attached
hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for carpet cleaning service for APCHA rental units, between the City of Aspen and
Iris Carpet Care and Window Care, a copy of which is annexed hereto and
incorporated herein, and does hereby authorize the City Manager to execute said
agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 30`h day of April 2018.
*Stevenkadron, Mayor
I, Linda Manning, 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, April 30, 2018.
(VokiI A"A UAI AWQAI
'Linda Manning, City Cle
I
1 2018-019
SERVICE AGREEMENT
THIS AGREEMENT made this 12" day of March 2018, by and between the City of
Aspen ("City")and the Supplier identified hereinbelow.
WITNESSETH, that whereas the City wishes to purchase the services described
hereinbelow and Supplier wishes to provide said services to the City as specified herein.
NOW THEREFORE, in consideration of the following covenants, the parties agree as
follows:
SUPPLIER
Iris Carpet Care and Wiridow Care
Iris Arreola
PO Box 8357
Aspen, CO 81612
970.309-2921
DESCRIPTION OF SERVICE
Carpet cleaning in various APCHA (305) units that includes studios to 3-bedrooms on an as-needed
basis:
Studios 98
One Bedroom 143
Two Bedroom 61
Three Bedroom 3
Studios to two-bedroom units vary in size from 370 sf to 1022 sf. Three-bedroom units vary from
1420 sf to 1992 sf.. Expect kitchens and bathrooms to be tile or vinyl.
Scope of Work
The successful bidder will:
• Provide labor, equipment and supplies needed to compete the work;
• Obtain apartment keys and return keys to management office;
• Pre-vacuum all carpets in living areas and bedrooms before cleaning;
• Clean all carpet in living areas and bedrooms;
• Carpet cleaning shall be done with mobile van units using the hot-water extraction
method;
• A second clean water rinse shall be completed after initial chemical treatment of carpet;
• Use of mild chemicals that are quick to dry and low in toxins are required;
• Be responsible for any and all damage caused while providing service;
• Complete the work in sufficient time to allow proper drying of carpel prior to next
business day;
• Work must take place between 9:00-3:30, Monday—Friday unless otherwise required due
to emergency.
• Work must be completed within three business days or less after notification.
DURATION OF AGREEMENT AND SCHEDULE OF SERVICES TO BE PROVIDED
March 26, 2018 through March 31, 2021.
DESCRIPTION OF AMOUNT,METHOD OR MANNER OF COMPENSATION
The cost for carpet cleaning is $0.21 per square foot.
AMENDMENTS TO GENERAL CONDITIONS
The parties acknowledge and understand that this Service Agreement is, except as specifically
amended hereinabove, subject to all of the terms and conditions set forth in the City of Aspen
General Conditions for Service Agreements, a copy of which is appended hereto as Appendix "A"
and by this reference made a part hereof.
Having agreed to the above and foregoing,the parties hereto do affix their signatures.
City of Aspen: �1 Supplier:
By: LV / -4 By:
Title: Title: 0U0 V
Date: 3 l 3y" 8 Date:
sm-981.dw
0
EXHIBIT "A"
CITY OF ASPEN
GENERAL CONDITIONS
FOR
SERVICE AGREEMENTS
These General Conditions have been prepared by the City of Aspen to be incorporated by
reference into Service Agreements entered into between service providers ("Supplier") and the City
of Aspen ("City"). The provisions herein may be interrelated with standard provisions of the
Service Agreement customarily used by the City of Aspen to contract for services. A change in one
document may necessitate a change in the other.
Any amendments to the following terms and conditions mutually agreed to by the Supplier
and the City shall be specifically noted on the Service Agreement.
1. Completion. Supplier shall commence the provision of services as described in the
Service Agreement in a timely manner. Upon request of the City, Supplier shall submit, for the
City's approval, a schedule for the performance of Suppliers services which shall be adjusted as
required. This schedule, when approved by the City, shall not, except for reasonable cause, be
altered by the Supplier.
2. Payment. In consideration of the services provided, City shall pay Supplier the amounts
set forth in the Service Agreement. Supplier shall submit, in timely fashion, invoices for services
performed. The City shall review such invoices and, if they are considered incorrect or untimely,
the City shall review the matter with Supplier within ten days from receipt of the Suppliers billing.
Suppliers invoice shall be for the period ending the last day of each month and submitted to the
City no later than the 5th day of each month.
3. 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 Supplier of any of the responsibilities or
obligations under this agreement. Supplier shall be and remain solely responsible to the City for the
acts, errors, omissions or neglect of any subSupplier's officers, agents and employees, each of.
whom shall, for this purpose be deemed to be an agent or employee of the Supplier 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 subSupplier unless agreed to in writing beforehand by the City.
4. Termination. The Supplier or the City may terminate this Agreement upon thirty (30)
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
Supplier fails to comply with the terms and conditions set forth in Sections 1, 3, 5, 6, 7, 10, 13, 14,
16, 19 or 21. For breach of any other term and condition of the Service Agreement, City may
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terminate the Service Agreement with ten (10) days prior notice to cure and failure by Supplier to
so cure.
No compensation shall be earned after the effective date of the termination. Notwithstanding the
above, Supplier 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 Supplier, and the City may withhold any payments
to the Supplier for the purposes of set-off until such time as the exact amount of damages due the
City from the Supplier may be determined.
5. Covenant Aeainst Contingent Fees. The Supplier warrants that s/he has not been
employed or retained any company or person, other than a bona fide employee working for the
Supplier, 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, percentage, brokerage fee, gifts or
any other consideration contingent upon or resulting from the award or making of this contract.
6. Equipment, Materials and Supplies. Unless otherwise agreed to by the City. Supplier
shall acquire, provide, maintain, and repair at Supplier's expense such equipment, materials,
supplies, etc., as necessaryfor the proper conduct of the services to be provided in accordance with
the Service Agreement.
7. Contract Monitoring. Supplier agrees to allow City to reasonably monitor the services to
be provided in accordance with the Service Agreement.
8. Independent Supplier 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. Supplier shall be, and shall perform as, an independent Supplier 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 Supplier 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 Supplier. 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 Supplier.
Supplier shall be solely and entirely responsible for its acts.and for the acts of Suppliers agents,
employees, servants and subSuppliers during the performance of this contract. Supplier 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 Supplier and/or
Supplier's employees engaged in the performance of the services agreed to herein.
9. Indemnification. Professional 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, loss, or damage, including without limitation claims arising from
bodily injury, personal 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 contract, to the
extent and for an amount represented by the degree or percentage such injury, loss, or damage is
caused in whole or in pan by, or is claimed to be caused in whole or in part by, the wrongful act,
omission, error, professional error, mistake, negligence, or other fault of the Professional, any
subSupplier of the Professional, or any officer, employee, representative, or agent of the
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Professional or of any subSupplier of the Professional, or which arises out of any workmen's
compensation claim of any employee of the Professional or of any employee of any subSupplier of
the Professional. The Professional 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 Professional,
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. 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.
9. pliers Insurance. (a) Supplier 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 Supplier pursuant to'Section 9 above. Such insurance shall he in
addition to any other insurance requirements imposed by the Service Agreement or by law. The
Supplier shall not be relieved of any liability, claims, demands, or other obligations assumed
pursuant to Section 9 above by reason of its failure to procure or maintain insurance,or by reason of
its failure to procure or maintain insurance in sufficient amounts,duration,or types.
(b) Supplier 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 THOU-
SAND 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) If the Service Agreement requires any insurance in addition to that referenced above at
subsections (a) and (b), or a particular type of coverage, Supplier shall procure and maintain, and
shall cause any subSupplier of the Supplier to procure and maintain, the minimum insurance
coverages referenced in the Service Agreement. All insurance coverages shall be procured and
maintained with forms and insurance acceptable to the City. All coverages shall be continuously
maintained to cover all liability, claims, demands, and other obligations assumed by the Supplier
pursuant to Section 9 above. In the case of any claims-made policy, the necessary retroactive dates
and extended reporting periods shall be procured to maintain such continuous coverage.
(d) The policy or policies required above shall be endorsed to include the City and the
City's officers and employees as additional insureds. Every policy required above shall be primary
insurance,and any insurance carried by the City, its officers or employees,or carried by or provided
through any insurance pool of the City, shall be excess and not contributory insurance to that
provided by Supplier. No additional insured endorsement to the policies required above shall
contain any exclusion for bodily injury or property damage arising from completed operations. The
Supplier shall be solely responsible for any deductible losses under any policy required above.
(e) The certificate of insurance provided by the City shall be completed by the Supplier's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to
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commencement of the contract. No other form of certificate shall be used. The certificate shall
identify the Service Agreement and shall provide that the coverages afforded under the policies
shall not be canceled, terminated or materially changed until at least thirty (30) days prior written
notice has been given to the City.
(f) Failure on the part of the Supplier 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 4 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 Supplier to City upon demand, or City may offset the cost of the premiums against
monies due to Supplier from City.
(g) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(h) 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 el seq., C.R.S., as from time to
time amended, or otherwise available to City, its officers,or its employees.
10. 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 Supplier for inspection during normal business hours. City
makes no representations whatsoever with respect to specific coverages offered,by CIRSA. City
shall provide Supplier reasonable notice of any changes in its membership or participation in
CIRSA.
11. 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.
12. Certification Regarding Debarment, Suspension. Ineligibility, and Voluntary Exclusion.
Supplier 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.
13. Warranties Against Contingent Fees. Gratuities. Kickbacks and Conflicts of Interest.
Supplier 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
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contingent fee, excepting bona fide employees or bona fide established commercial or selling
agencies maintained by the Supplier for the purpose of securing business.
Supplier agrees not to give any employee or former employee of the City a gratuity or any
offer of employment 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 advice, 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.
Supplier 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:
1. Cancel the Service Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Supplier, vendor, or
sub-Supplier under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the
value of anything transferred or received by the Supplier;and
4. Recover such value from the offending parties.
14. 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 interests
and convenience.
15. 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 its
obligations herein, the Service Agreement shall be contingent upon the availability of those funds
for payment pursuant to the terms of the Service Agreement.
16. 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.
17. 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 for the Supplier in
the Service Agreement.
18, 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 perforin services under this
contract. Supplier agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
19. 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 3 of the Aspen Municipal Code.
20. Compliance With All Laws and Regulations. Supplier shall give all notices and
comply with all laws, regulations, and ordinances applicable to the provision of the services
contemplated by the Service Agreement. Supplier 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.
21. 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 Supplier to which the same may apply and, until
complete performance by Supplier 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.
22. 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).
24. Illegal Aliens—CRS 8-17.5-101 & 24-76.5-101.
a. Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new
statutes relating to the employment of and contracting with illegal aliens. These new laws
prohibit all state agencies and political subdivisions, including the Owner, from knowingly hiring
an illegal alien to perform work under a contract, or to knowingly contract with a Supplier who
knowingly hires with an illegal alien to perform work under the contract. The new laws also
require that all contracts for services include certain specific language as set forth in the statutes.
The following terms and conditions have been designed to comply with the requirements of this
new law.
b. Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the Owner.
L "E-verify program" means the electronic employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public Law
156, 108th Congress, as amended, that is jointly administered by the United States
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Department of Homeland Security and the social security Administration,or its successor
program.
2. "Department program" means the employment verification program
established pursuant to Section 8-17.5-102(5)(c).
3. "Public Contract for Services" means this Agreement.
4. "Services" means the furnishing of labor,.time,or effort by a Supplier or a
subSupplier not involving the delivery of a specific end product other than reports that are
merely incidental to the required performance.
C. By signing this document, Supplier certifies and represents that at this time:
I. Supplier shall confirm the employment eligibility of all employees who are
newly hired for employment to perform work under the public contract for services; and
2. Supplier has participated or attempted to participate in either the e-verify
program or the department program in order to verify that new employees are not illegal
aliens.
d. Supplier hereby confirms that:
I. Supplier shall not knowingly employ or contract with an illegal alien to
perform work under the Public Contract for Services.
2. • Supplier shall not enter into a contract with a subSupplier that fails to
certify to the Supplier that the subSupplier shall not knowingly employ or,contract with
an illegal alien to perform work under the Public Contract for Services.
3. Supplier has confirmed the employment eligibility of all employees who
are newly hired for employment to perform work under the public contract for services
through participation in either the e-verify program or the department program.
4. Supplier shall not use the either the e-verify program or the department
program procedures to undertake pre-employment screening of job applicants while the
Public Contract for Services is being performed.
5. If Supplier obtains actual knowledge that a sub-Supplier performing work
under the Public Contract for Services knowingly employs or contracts with an illegal
alien, Supplier shall:
i. Notify such sub-Supplier and the Owner within three days that
Supplier has actual knowledge that the sub-Supplier is employing or
subcontracting with an illegal alien; and
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ii. Terminate the subcontract with the sub-Supplier if within three
days of receiving the notice required pursuant to this section the sub-Supplier does
not stop employing or contracting with the illegal alien;except that Supplier shall
not terminate the Public Contract for Services with the sub-Supplier if during such
three days the sub-Supplier provides information to establish that the sub-Supplier
has not knowingly employed or contracted with an illegal alien.
6. Supplier shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that the
Colorado Department of Labor and Employment undertakes or is undertaking pursuant to
the authority established in Subsection 8-17.5-102 (5), C.R.S.
7. If Supplier violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the Owner may
terminate this Agreement. If this Agreement is so terminated, Supplier shall be liable for
actual damages to the Owner arising out of Supplier's violation of Subsection.8-17.5-102,
C.R.S.
25. 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.
(d) The Service Agreement shall be governed by the laws of the State of
Colorado as from-time to time in effect.
26. Electronic Signatures and Electronic Records This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope
of Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
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paper copy of a document bearing an electronic signature, on the ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
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