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HomeMy Public PortalAboutORD14065 • BILL NO. 2006-30 SPONSORED BY COUNCILMAN Brown ORDINANCE NO. I /-IOCn � AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ROBINSON CLEANERS FOR UNIFORM CLEANING. WHEREAS, Robinson Cleaners has become the apparent lowest and best bidder on the Uniform Cleaning project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of Robinson Cleaners is declared to be the lowest and best bid and is hereby accepted. Section 2.The Mayorand City Clerk are hereby authorized to execute an agreement with Robinson Cleaners for Uniform Cleaning. • Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be In full force and effect from and after the date of Its passage and approval. Passed: Approved: !1 & l� residing Officer Mayor A ST: APP V D AS O FORM: Qkave / _ City C erk City ounsefor • Ord ly0us CITY OF JEFFERSON • UNIFORM CLEANING CONTRACT THIS CONTRACT,mnde and entered this day ofAugust,2000,by and between the City ofJefferson, Missouri, a municipal corporation, hereinafter referred to as"City,"and Robinson's Cleaners, of the State of Missouri, hereinafter referred to as"Contractor." WHEREAS, the City is in need of obtaining cleaning services for City employees'uniforms; and WHEREAS,Contractor is willing to enter into this Contract with respect to his employment and services upon the terms and conditions herein set forth. NOW,THEREFORE,be it agreed as follows: 1. Scope of Services. The scope of services for cleaning services for City employees'uniforms,adhering to the PTA requirements as stipulated in Appendix A, shall consist of the following: A. Police Depnrtment 401 Monroe Street (1) Service shall be provided three times per week (Monday, Wednesday, Fridny)with pick up at the Police Station, 401 Monroe Street. To maintnin accountability, Contractor shall supply heavy-duty cloth or plastic garment bags with appropriate • drawstring or twist tie closure,or sacks with accompanying pinsl.ic,or paper-covered wire twist ties, in which individual personnel shell place their items to be clenned. Contrnctor must also provide n clothing hamper of sufficient size to contain n two(2) day or more supplyof begs filled with dirty garments. Contractortoprovidepersonnel for accomplishing a check-in to ensure each garment is accounted for as it goes to the Contractor's site where Clio cleaning and pressing is actually necomplished,as well as a check-out person to ensure that each garment is accounted for as it comes back from the clenningsite. Each of these persons shall have n listing ofench Police Department person by name, and the number and type of each person's items to be cleaned or processed by the Contractor for that particular delivery. Upon returning the cleaned clothing to the Police Department, Contractor shall provide, to an appropriate department representative,a copy ofeach check-in and check-out list that Contractor's gnrment personnel used to account for cacti garment. In addition,with each delivery of returned gsrnienla, the Contractor's delivery person shall leave with the appropriate police representative,a counter ticket that indicates Cho number end type of clothing article processed, Cho type of processing clone, n total price for cacti type, and a sum total price of all items processed located at the bottom of the ticket. This ticket shall be separate from the invoice or statement Chet is to be delivered to the Finance Department,but shall reflect the same number of items and price as shall he invoiced to Finance for cacti delivery. (2) Contractor shall supply clothes racks on which his delivery person shall place clenned clothing in industry standard lightweight plastic garment protection bags. Clothing shall be hungon Contraclorsupplted industry slnudnrds garment hangers.Contractor shall mark ench Police Department member name on a paper or other nmrkablo material tog which shall be fixed to the outside of ench member's garment bag or • group of bngs that contain(tie clenned garments. Ifs department member hits several items clenned nt one time,so that several bags are necessary to contain tiro returned garments, Contractor shall be responsible for ensuring the items are grouped and twist tied,or otherwise fastened together into one cluster for each individual. It\PmbM FIInW n..\n6inml rkYnn„\pmiwm I'knnm/'tlYYI xl'I (3) All uniform clothing is to have military plents centered and pressed so that no off- center,slanting or diagonal creases result. Double crease plents shall not be accepted. • Uniform shirt pleats shall be centered on the right and left shirt pockets from the front tail seam up to theshoulderepaulet. Creases shalLilso extend from snid elm alot on to the back side of the shirt down through the back tail seam. Shirt.backs shell have one additional crease vertically centered on the shirt-back middle. Pleats shall also be centered on,and down the middle-length ofeoch shirt sleeve from the middle of the width of each shoulder'8 epaulet, down through the center of the department official shoulder emblem,etc.,and on through the cuffs on long-sleeved shirts, when applicable. Trouser creases shall be centered consistent with the trouser manufacturer's pressing as when the garment left the factory,i.e.creases centered on the front and back middle of each leg,extending from the top of the waistband down through the bottom of each leg cuff. All uniform items that require"sizing"to attain u proper stiffness of material after cleating shall have sufficient sizing used to maintain n military standard material stiffness, without so much being used as to cause zippers to stick when operated. Proper level shell be determined by trial and error if necessary,with the final determination of "proper'being made by the Police Department. In the absence of City determination, cleaning industry approved standards shall serve for the determination. (A) Uniforms shall be returned within two(2)days after pick up. D. Community Development Department,Animal Protection& Control (1) All uniform cleaning will be as needed only. (2) Employees shell deliver clothing to Contractor and shall also pick up cleaned uniforms. • (3) All clothing shall be ready for pick up within two(2)days from drop off at Contractor site. C. Community Development Department, Parking Division 201 Madison Street (1) All uniform cleaning will be as needed only. (2) Military plents as described in Police Department item 3 shall be required. (3) Employees shall deliver clothing to vendor and shall also pick up cleaned uniforms. D. Community Development Department,Transit Division 830 East Miller Street (1) Service shall be provided two (2) times per week with pick tip at 830 East Miller Street. (2) Military pleats as described in Police Department item 3 shall be required. (3) All clothing shall be returned to 830 Bost Miller within Live(2)days from pick up. E. Fire Administration 320 East McCarty Street • 11.4'ml,w,15h4rnrPnGm.nir4wnm41nJnn lWnnnt d�riad -2 - (1) Service shall bens needed only. There will be no set weekly schedule,however,ifpick up is required, Department representatives will arrange for pick up on n regularly • scheduled day for other City services. (2) Service shall be for the cleaning of uniform winter coats. (3) All cents shall be returned within two(2)days from pick up. F. The City will provide n representative for ench department and shall be responsible for providing identification on clothing when it is picked up at City buildings except as follows. (1) Contractor shall be responsible for providing appropriate marking devices to each department. (2) If Contractor finds items that are not marked properly, it shall be Contractors responsibility to make contact with the appropriate department representative to ascertain correct name. (3) In all such cases, Contractor shall notify, in writing, the person who sent Clue garment(s)in for cleaning. Written notice shall be securely attached to the garment's protective bag on the return delivery. G. Contractor shall be responsible for any damages to uniforms, or for missing uniform items, through negligence on his part, as determined by the City. H. Contractor shall pick up, reclean and repress at Contractor's own cost, any item which appears to have not been cleaned and/or pressed properly. Doterm inn tion of•'propercleaning and/or pressing'shall be as outlined elsewhere in this document,or if not further delineated, shall meet the highest degree of workmanship to be expected in garment cleaning industry • standards. 1. Contractor shall provide minor garment repairs, including Clio sewing of buttons, rips and tears,and changing,adding,or deleting departmental or other types of emblems,etc.,with a turnaround time of two(2)days on buttons,rips and tears,and no more than four(4)days on emblems,etc. 2. Contract Period. This Contract shall be in effect from August 1,2000 through July 31, 2007. With Clio consent of both parties, this Contract shall be extended for two(2)additional one(I)year periods. 3. Contract Amount. The total amount expended under this Contract shall not exceed FittyThreo Thousand Six Hundred Seven Dollars($03,007.00)in any one fiscal year. 4. Payment. Contractor will submit an invoice(original)or statement monthly with all charges listed by department. Total numbers of shirts,pants,etc.,will be listed on the statemont by department. Invoices are to be submitted to the Finance Department, 320 Gast McCarty Street, Jefferson City, Missouri, 00101. All charges must be supported by signed counter tickets. 0. Assignment. • Contractor shall not assign any interest in this Contract, find shall not transfer any interest in the same (whether by assignment or novation),without prior written consent of the City thereto. Any such assignment is expressly subject to all rights and remedies of the City under this Contract, including the right to change or II4'mIrM 1'M�..ninnn/nn.n'.rk.nndenLrn Pkmm��lln?LI.I • 3 . delete activities from the Contrnct or to terminate the same as provided herein,and no such nesignment shall require the City to give any notice to any such assignee of any actions which the City mny take under this • Contract,though City will attempt to so notify any such assignee. G. Indemnity. Contractor agrees to indemnify and hold harmless the City for any and nil damages, injuries, actions, costs, attorney's fees and other expenses whatsoever arising out of the performmnco of sn id work whether the property or persons damaged are the servants and employees of the Contractoror third parties in no manner connected with said work. 7. Insurance. Contractor agrees to obtain and maintain throughout the term of this Contract A. Workmen's Compensation insurance for all of its employees to be engaged in work under this Contract. B. Contractor's Public Linbilit.v Insurnnco in an amount not less then$1,000,000 for all claims arising out of a single occurrence and $100,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Low,Chnptor 287,RSMo,and Contractor's Property Damnge Insurance in an amount not less than $1,000,000 for all claims arising out of a single accident or occurrence and$100,000 for any one person in a single accident or occurrence. C. Automobile Liability insurnnce in an amount not less than$1,000,000 for all claims arising out of a single accident or occurrence and$100,000 for any one person in a single accident or occurrence. • D. Owners Protective Liability Insurnnco•The Contractor elmil also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurnnco Policy naming the City of Jefferson as Clio insured,in an amount not less thnn$1,000,000 for all claims nrising out of single necident or occurrence and $100,000 for nny one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason or blasting,explosion or collapse. E. Subcontracts • In case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintnin nil insurance required in Subparagraphs(a), (b),and (c) hereof and in like amounts. F. The Certificates of Insurance furnished to the City showing proof of canplinnce with theso insurance requirements shall contain a provision that coverage under such policies shall not be canceled or materiallychnnged until at least fifteen days prior written notice has been given to the City. 8. Failure to Perform. Should Contractor fail to provide services as set forth pursuant to this Contrnct, or fail to meet any of the contract provisions,this Contract may bo canceled nt the solo option of the City upon giving five(G)days written notice to Contractor. G. Cancellation. This Contract shall be subject to cancellation by Clio City at any time following fifteen (15)days notice. • II+Cmuwr FiM.Wnin•+nlxn.n'.rk.nm4fnifxm l'Imm�l Xh,+1 ' n ' 10: Successors and Assi"s. • All of the terms, covenants and agreements herein contained shall he binding upon and shall inure to the benefit of successors and nssigns of the respective pnrties hereto. 11. Contract Documents. The contract documents shall consist of the following: a. This Contract f. General Provisions b. Addenda g. Special Provisions C. Information for Bidders h. Technical Specifications d. Notice to Bidders I. Drawings and/or sketches e. Signed Copy of Bid This Contract and the other documents enumerated in this paragraph,form the contract between the parties. These documents are as fully a part of the contract as if attached hereto or repented herein. 12. Notices. All notices,consents,authorizations,requests and statements horeundershall be deemed to have been proporly given if delivered by and or mailed by first class United States mail, postage prepaid, if to the City at City of Jefferson,320 East McCarty,Jefferson City,Missouri,65101,and if to the Contractor to Robinson's Cleaners, 1204 Business Loop 70E,Columbia,Missouri 65201. 13. Jurisdiction, This Contract shall be governed, in all respects by the laws of the State of Missouri. • IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. CITY FFERSON, MISSOURI S CLEANERS Mt/ Title: ATTE • ATTEST: City Clerk Title: APPR- AS ORM: City Counselor II�,'mvM fd.�rn bNnn�n',rinnrn�UnJu,n 1'4+nlnt Crggd G APPENDIX A • Federal Funds To be Used The majority of work under this agreement will be funded through City of Jefferson budgeted funds. Work in two divisions,Transit and Central Maintenance,may be funded through the Federal Transit Administration. As a recipient of Federal Transit Administration funds; the following requirements shall be fully considered in preparing bids and performing any work using FTA funds, No Obligation by the Federal Government. (1)The Purchaser and Contractor acknowledge and agree that,notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract,absent the express written consent by the Federal Government,the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in pan with Federal assistance provided by ITA.It is further agreed that the clause shall not be modified,except to identify the subcontractor who will be subject to its provisions. Program Fraud and False or Fraudulent Statements or Related Acts. (1)The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,as amended,31 U.S.C.§ 3801 et sue,and U.S.DOT regulations,"Program Fraud Civil Remedies,"49 C.F.R.Part 31,apply to its actions pertaining to this Project.Upon execution of the underlying contract,the Contractor certifies or affirms the truthfulness and nccuracy of any statement it has made,it makes,it may make,or causes to be made,pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable,the Contractor further acknowledges • that if it makes,or causes to be made,a false, fictitious,or fraudulent claim,statement,submission,or certification,the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate, (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious,or fraudulent claim, statement, submission,or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by PTA under the authority of 49 U.S.C.4 5307,the Government reserves the right to impose the penalties of 18 U.S.C.Q 1001 and 49 U.S.C,4 5307(n)(1)on the Contractor,to The extent the Federal Government deems appropriate. (3)The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA.It is further agreed that the clauses shall not be modified,except to identify tine subcontractor who will be subject to the provisions. Access to Records The following access to records requirements apply to this Contract: I. Where the Purchaser is not a State but n local government and is the ITA Recipient or a subgrantce of the FTA Recipient in accordance with 49 C. F.R. 18.36(1), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their nuilimized representatives access to any books,documents,papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits,examinations,excerpts and transcriptions. Contractor also agrees,pursuant to 49 C.F.It.633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Conlraclor's records and construction sites pertaining to a major capital project,defined at 49 U.S.C. 5302(x)1,which is receiving federal financial assistance through the programs described at 49 U.S.C.5307,5309 or 5311. • 2. Where the Purchaser is a State and is the FTA Recipient or a subgrantce of the FTA Recipient in accordance with 49 C.F.R. 633.17,Contractor agrees to provide the Purchaser,the FTA Administrator or his authorized representatives,including any I'MO Contractor,access to the Contractors records and construction sites pertaining to a major capital project,defined at 49 U.S.C. 11 VW.' p,tl,.14 . G 5302(a)l,which is receiving federal financial assistance through life programs described at 49 U.S.C. 5307, 5309 or 5311. By definition,a major capital project excludes contracts of less than the simplified acquisition threshold currently set at$100,000. • 3.Wherethe Purchascrenters into a negotiated contract forotherthan astriall purchase or under the%iniplified acquisition threshold and is an institution of higher education,a hospital or other non-profit organization and is the FTA Recipient or a subgmntee of the FTA Recipient in accordance with 49 C.F.R.19.4R,Conlrocloragrees to provide file Purchnser,17A Administrator,the Comptroller General of the United Slates or any of their duly authorized representatives with access to any books,documents,papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4.Where any Purchaser which is the FTA Recipient or a subgranlce of the FTA Recipient in accordance with 49 U.S.C.5325(x) enters into a contract for a capital project or improvement(defnned at 49 U.S.C.5302(a)1)through other than competitive bidding, the Contractor shall make available records related to the contract to Ole Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5.The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as rcasonnbly needed. 6.The Contractor agrees to maintain all books,records,accounts and reports required under this contract for a period of not less than three years after the date of lemminntion or expiration of this contract,except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until Ate Purchaser, the FTA Administrator,the Comptroller General,oranyof their duly authorized representatives,have disposed of all such litigation,appeals, claims or exceptions related thereto.Reference 49 CFR 18.39(1)(11). 7.PTA does not require the inclusion of these requirements in subcontracts. Federal Changes • The contractor shall at all times comply with all applicable FTA regulations,policies,procedures and directives,including without limitation those listed directly or by reference in Ilse Agreement(Form FTA MA(10)dated October,2003)between Purchaser and FTA,as they may be amended or promulgated from time to time during the tens of this contract.Contractor's failure to so comply shall constitute a material breach of this contract. Civil MRhts The following requirements apply to the underlying contract: (1)Nondiscrimination-In accordance with Title VI of lite Civil Rights Act,as amended,42 U.S.C.§2000d,section 303 of the Age Discrimination Act of 1975,ns amended,42 U.S.C.§6102,section 202 of life Americans with Disabilities Act of 1990,42 U.S.C. § 12132,and Federal transit Iry at 49 U.S.C. § 5332,the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race,color,creed,national origin,sex,age,or disability,In addition,the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements F7'A may issue. (2)Equal Employment Opportunity-'file following equal employment opportunity requirements apply to the underlying contract: (a)Race.Color,Creed,National Origin,Sex-In accordance with'f itle VII of the Civil Rights Act,as amended,42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U,S.Department of Labor(U.S.DOL)regulations,"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,Department of Labor,"41 C.F.R.Pans60ctsc .,(which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375,"Amending Executive Order 11246 Relating to Equal Emmployment Opportunity,"42 U.S.C.§2000c note),and with any applicable Federal statutes,executive orders,regulations, and Fcdcral policies thnt may in the future affect construction activities undertaken in the course of the Project.Tile Contractor agrees to take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the fallowing: . employment,upgrading,demotion or transfer,recruitment or recruitment advertising, layoff or icnmination;rates of pay or other fomms of compensation;and selection for training,including apprenticeship.In addition,the Contractor agrees to comply with any implementing requirements FTA may issue. 1110.11.i ri,....am.r.r . 7 . (b)Age-It accordance with section 4 of the Age Discrimination in Employment Ac(of 1967,as amended,29 U.S.C. 4 0 623 and Federal transit law at 49 U.S.C. 0 5332, the Contractor agrees to refrain from discrimination against present and • prospective employees for reason of age.In addition,the Contractor agrees to comply with any implementing requirements FTA may issue, (c)Disabilities-ht accordance with section 102 of the Americans with Disabilities Act,as amended,42 U.S.C.✓i 12112, the Contmctor agrees that it will comply with the requirements orU.s.Equal Employment Opportunity Commission,"Regulal ions to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. fart 1630, pertaining to employment of persons with disabilities.In addition,rite Contractor agrees to comply with any implementing requirements FTA may issue. (3)The Contractor also agrees to include these requirements in each subcontract I-financed fn whole or in part with Fcderal assistance provided by FTA,modified only if necessary to identify the affected parties. Termination of Contract a.Termination for Convenience(General Provision)The(Recipient)Wray terminate this contract,in whole or in part,at any lime by written notice to the Contractor when it is in the Governments best interest.The Contractor shall be paid its costs,including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its lamination claim to(Recipient)to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient),ilia Contractor will account for the same,and dispose of it in the manner the(Recipient)directs. b.Termination for Default )Breach or Cause)(General Provision) if the Contractor does not deliver supplies in nccordancc with the contract delivery schedule,or,if the contract is for services,the Contractor fails to perform in the manner called for in the contract,or if the Contractor fails to comply with any other provisions of the contract,ilia(Recipient)may tenninale this contract for default.Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with ilia manner of performance set forth in the contract. • if it is later determined by Ilia(Recipient)that ilia Contractor had an excusable reason for not performing,such as a strike, fire,or Rood,events which are not the fault of or are beyond ilia control of the Contractor,the(Recipient),after selling up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. it c.Opportunity to Cure(General Provision)The(Recipient)in its sole discretion may,in the case of a ler ainalion for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state Ilia time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to(Recipient's satisfaction the breach or default of any of tic tcmts,covenants,or conditions of this Contract within[tell(10)days]after receipt by Contmclorof written notice front(Recipient)setting forth the nature of said breach or default,(Recipient)shall have ilia right to terminate the Contract without any further obligation to Contractor.Any such termination for default shall not in any way operate to preclude(Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. d.Waiver of Remedies for any Breach In ilia event that(Recipient)elects to waive its remedies for any breach by Contractor of any covenant,term or condition ofthis Contract,such waiver by(Recipient shall not limit(Recipient)'.,;remedies for any succeeding breach of that or of any other tent,covenant,or condition of this Contract. e.Termination for Convenience(Professional or Transit Service Contracts)The(Recipient),by written notice,may terminate this contract,in whole or in par,when it is in the Government's interest.If this contract is terminated,the Recipient shall be liable only for payment under ilia payment provisions of this contract for services rendered before lite effective date of termination. f.Termination for Default(Supplies and Service)If the Contractor fails to deliver supplies or to perrort the services within ilia time specified fn this contract or any extension or if the Contractor fails to comply with any other provisions or this contract,the (Recipient)may terminate this contract for default.The (Recipient) shall temtinate by delivering to the Contractor a Notice of Termination specifying the nature of lite default. The Contractor will only be paid ilia contract price for supplies delivered and 1141nv.,111e.rnrn.ninn.n'.r4mrt.Wm4om ckmm�R%41 n1d 8 ' accepted,or services performed in accordance with the annular or performance set forth in this contract. • if,after termination for failure to fulfill contract obligalions, it is determined that the Contractor was not in default, ilia rights and obligations of the panics shall be the sonic as if the termination had been issued for the convenience of the Recipient. J.Termination for Convenience of Default(Cost-Type Contracts)Tile(Recipient)may terminate this contract,or any portion of it,by serving a notice or termination on Ume Contractor.The notice shall state whether ilia termination is for convenience of ilia (Recipient) or for the defaull of the Contractor. if the termination is for default, the notice shall state the manner in which the contractor has failed to perfomh the requirements of the contract.The Contractor shall account for tiny property in its possession paid for from funds received from the(Recipient),or property supplied to the Contractor by the(Recipient). If the termination is for default,the(Recipient)may fix the fee,if the contract provides for a fee,to be paid the contractor fn proportion to the value, if any,of work performed up to the time of termination.The Contractor shall promptly submit its termination claim to tie(Recipient)and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the(Recipient),the Contractor shall be paid its contract close-out costs,and a fee,if ilia contract provided for payment of a fee,in proportion to the work performed up to ilia time of termination. If,after serving a notice of termination for default,ilia(Recipient)determines that the Contractor has an excusable reason for not performing,such as strike,fire,flood,events which arc not the fault orand are beyond the control of the contractor, the (Recipient), offer setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. Disadvantaged Business Enterprise To the extent required by Federal law, regulation,or directive, the Recipient agrees to take the following measures to facilitate participation by disadvantaged business enterprises(DBE)in the Project: • (1) The Recipient agrees and assures that it will comply with TEA-21 § 1101(b), 23 U.S.C. § 101 note, and U.S. DOT regulations,"Participation by Disadvantaged Business Enterprises in Department ofTransponation Financial Assistance Programs," 49 C.F.R. Part 26. (2) The Recipient agrees and assures that it shall not discriminate on the basis of race,color,sex,or national origin in the award and performance of any third party contract,or subagreemcm supported with Federal assistance derived from U.S.DOT or in the administration of its DOE program and will comply with the requirements of49 C.F.R.Pan 26. The Recipient agrees to take all necessary and reasonable steps set forth in 49 C.F.R.Pan 26 to ensure nondiscrimination in ilia award and administration of all third pony contracts and subagreemcnts supported with Federal assistance derived from U.S.DOT, As required by 49 C.F.R.Part 26 and approved by U.S.DOT,the Recipient's DBE program is incorporated by reference and made part of ilia Grant Agreement or Cooperative Agreement. The Recipient agrees that implementation of this DBE program is a legal obligation,and that failure to carry out its terms shall be treated as a violation of the Grant Agreement or Cooperative Agreement. Upon notification by U.S. DOT to the Recipient of its failure to implement its approved DBE program,U.S.DOT may impose situations as provided for under 49 C.F.R.Part 26 and may,inappropriate cases,refer the matter for enforcement under 18 U.S.C.§ 1001,and/or the Program Fraud Civil Rcnmedies Act,31 U.S.C. §§ 3801 at serf. incorporation of FTA Terms The Recipient and contractor certify flint(arms in FTA C 4220.I E which replaces FTA C4220.I D will be incorporated into contracts and sub-contracts. Debarment and Suspension This contract is a covered transaction for purposes of49 CFR Pan 29. As such,the contractor is required to verify thnt none of the • contractor,its principals,as defined at 49 CFR 29.995,or affiliates,as defined of 49 CFR 29.905,are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. II4'm"M Yk.wnn�Nnn.ri.rlanrn�UmLxm 1'k.mnt'llnlq,l - �- The contractor is required to comply with 49 CFR 29,Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into, By signing and submitting its bid or proposal,the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the City of Jefferson. It if is later determined that the bidder or proposer knowingly rendered an erroneous certification,in addition to rcmedics available to the City of Jefferson,the Federal Government may pursue available rcmedics, including but not limited to suspension and/or debarment, The bidder or proposer agrccs to comply with the requirements of49 CFR 29,Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Energy Conservation Requirements The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which arc contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Prompt Payment Clause The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than thirty days from receipt of each payment the prime contract receives from City of Jefferson,Missouri. The prime contractor agrees further to return retainage payments to each subcontractor within thirty days after the subcontractors work Is satisfactorily completed. Any delay or postponement oflinyment from the above referenced time frame may occur only for good cause following written approval of the City of Jefferson,Missouri. The clause applies to both DBE and non-DBE subcontracts. • 11:\('TIrM Yrh\rrnimxniinm.rWnm\Um6nrn r4xnn�2Yq�g1 - 10 - FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid No. 2277 - Uniform Cleaning, Police and Transit Opened May 9, 2006 BIDS RECEIVED: Year 1 Year 2 Year 3 Total Robinson Cleaners,Jefferson City,MO $53,607.00 $53,607.00 $53,607.00 $160,821.00 The Request for Bids was sent to six additional bidders who did not respond. FISCAL NOTE: Police Community Development-Transit 1000-3100-2070-0000 Police 6300-6300-2070-0000 Uniform Cleaning 1000-3110-2070-0000 9-1-1 FY05-06 Budget $ 11,000.00 FY05-06 Budget 3100 $ 26,040.00 Expended $ 11,352.00 • FY05-06 Budget 3110 $ 6,000.00 Bid 2277* $ 10.677.95 Expended $ 14,968.39 Balance ** ($ 11,029.95) Bid 2277* U1,658,35 Balance $ 3,413.26 *FY05-06 estimated expenses remaining 5 months "Funds will be transferred to this account from 6300-6300-2015-0020 Equipment Maintenance. Community Development, Animal Rescue and Parking Divisions and the Fire Department requested unit price bids should services be needed. PAST PERFORMANCE: Robinson Cleaners has performed uniform cleaning services for the City for a number of years. All using departments have recommended award to this bidder. RECOMMENDATION: Staff recommends award to Robinson Cleaners of Columbia, Missouri. The total estimated bid amount for year one is$53,607.00. Year one bid period is August 1, 2006 through July 31, 2007. • In addition, staff recommends award of the unit prices for additional services as listed, if needed. The bid carries up to two additional one year renewal periods at the same unit costs if the City chooses to renew. ;. ATTACHMENTS - SUPPORTING DOCUMENTATION Tabulation of Bids, Departmental Recommendation Signature .nhQ i1 _ Purchasii AgNt Dire totifommunity Development Dept, ohee hief I City of Jefferson � John J MEMORANDUM To:. Mayor Landwehr Councilman Ferguson Councilman Harvey Councilman Schnitzler Councilman Vogel Councilman Crane Councilman Pope Councilman Brown Councilman Layton Councilman Berry Councilman Martin From: Terry Stephenson Purchasing Agent .. Date: July 5,2006 Rai Bid 2277- Uniform Cleaning Bids were solicited from six potential bidders under Bid 2277- Uniform Cleaning dated May 9, 2006. Only one bid v;as returned. Businesses that did not respond were contacted to determine why bids were net submitted. Among the reasons indicated were: bids are sent out of state,present staff unable to handle additional work and company owned by another local firm. State of Missouri legislation was passed specifically prohibiting Missouri Vocational Enterprises from providing dry cleaning services to entities other than state agencies and state employees, Robinson Cleaners has provided services for the past three years under the prior bid. The firm has bid the same unit costs for years one, two and three of this bid. Between the prior bid and this bid, Robinson Cleaners would provide the services without an increase in unit prices for a total of five years, All using departments have indicated a desire to award to Robinson Cleaners. • k JEFFERSON CITY POLICE DEPARTMENT To: Terry Stephenso From: Roger Schroede Subject: B-227—Unifo Cleaning Services Date: May 26,2006 Please be advised that the Jefferson City Police Department recommends award of the uniform cleaning services contract to the Robinson Cleaners, the only bidder, Robinson Cleaners has performed well under the current contract and proposed bid cost received for the new three year contact period will remain the same for the new contact. If additional information is required,please contact Dennis Bax at 6346348. Thank you. nt,-ol -0004 : 24 CRID of rsonj�o CoMMUNmr DEVELOPMENT Memorandum 320 East McCarty Street • Jefferson City,Missouri 65101 • P: 573.634.6410 • F: 573.634.6562 • www.Jeffcitymo,org/cd Date: May 30, 2008 To: Terry Stephenson, Purchasing Agent From: Richard Turner, Transit Division Director Britt E. Smith, PE, Streets/Parking Division Directo� Thru: atrick E. Sullivan, PE, Director of Community Development Subject: 8-2277—Uniform Ciesning Services The Community Development Department recommends acceptance of the sole bid submitted by Robinson Cleaners of Columbia, Missouri. • Robinson Cleaners have provided satisfactory service in the past. 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