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. 2 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: ///. Jeff it,ahe 497562_1 3