HomeMy WebLinkAboutContract 2012 2460 CAR WASH AGREEMENT
THIS AGREEMENT entered into this 10 day of u , 2012 by and
between the City of Columbia Heights, a municipal corporation, hereinafter referred to as "City",
and Jeff s Bobby & Steves Auto World, hereinafter referred to as "Auto World".
WHEREAS, by letter dated April 20, 2012, the City requested bid proposals for the
purpose of retaining a car wash service for the Columbia Heights Police Depaitduent.
WHEREAS, pursuant to the criteria set forth in the City's request for bid proposal dated
April 20, 2012,the City has determined Auto World will best serve the City's needs.
NOW, THERFORE, IT IS HEREBY MUTUALLY AGREED, in consideration of each
party's promises, and considerations herein set forth, as follows:
1. Incorporation. The parties hereby agree that the following are incorporated into
and made part of this agreement:
a. Recitals set forth above;
b. City's request for bid proposal for Police Department car wash services dated
April 20, 2012 ("City's Request"), a copy of which is attached hereto as Exhibit
A; and
c. Auto World's completed 2012 CHPD Car Wash Bid Worksheet, a copy of which
is attached hereto as Exhibit B.
2. Term. This Contract for service shall commence on August 1, 2012 and teinminate
on July 31, 2014 unless terminated sooner pursuant to the termination provision of paragraph 7.
3. Services. Auto World shall provide the Columbia Heights Police Department
with the Unlimited Use Standard Car Wash Service as set forth in Auto World's response to the
City's Request. Auto World also agrees to include washing of other city vehicles in the
contract price.
4. Compensation. Auto World shall be entitled to an annual charge of$2,000.00 for
providing said service as identified herein, which charge shall be paid by City in an annual
installment of$2,000.00.
5. Independent Contractor. The parties to this Agreement agree that Auto World,
and any of its designated representatives or employees, is an independent contractor. Auto
World, and any of its designated representatives or employees, are not employees of the City and
are not entitled to the benefits provided by the City to its employees, including but not limited to
health, worker's compensation and unemployment insurance, and pension or employee benefit
plans. Auto World has and retains full control and supervision of the services and full control
over the performance of the services required under this agreement.
6. Indemnification. Auto World is solely responsible for damage to any vehicle,
including all equipment and contents, serviced pursuant to this Agreement. Auto World agrees
to indemnify the 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 employment insurance, social security and income tax laws, with respect to Auto
World employees engaged in performance of this Agreement.
7. Termination. Either party may terminate this Agreement with or without cause
upon ninety days written notice. If this contract is terminated prior to the date set forth in
paragraph 2, any payment made pursuant to paragraph 4 shall be prorated to the effective date of
termination.
8. Separability. In case any one or more of the provisions contained in this
Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality and
enforceability of the remaining provisions contained herein and any other application thereof
shall not in any way be affected or impaired thereby.
9. Notification Information. Any notice to the parties herein shall be deemed to
have been given or delivered on the date sent, if sent by certified mail addressed as follows, or to
such other address as a party may subsequently request by certified mail:
To City: Walt Fehst, City Administrator
City of Columbia Heights
590 40th Avenue NE
Columbia Heights, MN 55421
With a copy to: Scott Nadeau, Police Chief
Columbia Heights Police Department
825 41st Avenue NE
Columbia Heights, MN 55421
With a copy to: James D. Hoeft, Esq.
Barna, Guzy& Steffen, Ltd.
400 Northtown Financial Plaza
200 Coon Rapids Boulevard
Minneapolis, MN 55433
To Jeff s Bobby & Steves: Jeff Bahe
Jeff s Bobby& Steves Auto World
3701 Central Avenue NE
Columbia Heights, MN 55421
10. Assignment. This Agreement may not be assigned without the prior written
consent of the City.
11. Entire Agreement. This Agreement contains the entire understanding between the
parties, and no statements, promises, or inducements made by either party that are not contained
herein shall be valid or binding; this Agreement may not be enlarged, modified, or altered except
in writing signed by the parties.
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12. Jurisdiction. Any and all suits for any and every breach of this Agreement must
be instituted and maintained in a court of competent jurisdiction in the County of Anoka, State of
Minnesota.
13. Governing Law. The laws of the State of Minnesota in all respects shall govern
this Agreement.
14. Binding Agreement. This Agreement shall be binding upon and extend to the
respective representatives, heirs, successors and assigns of the parties hereto.
CITY OF CO UMBIA H
B •
Mayor, Gar eterson
By:
4.#1,40
City Administrator, Wa t Fehst
JEFF'S BOBBY& STEVES AUTO WORLD
By:
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Jeff it,ahe
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