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698892 KLEEN-TECH SERVICES LLC - CONTRACT - RFP - 9635 CUSTODIAL SERVICES (2)
Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 1 of 38 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Kleen-Tech Services, LLC., hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of fifteen (15) pages and incorporated herein by this reference. Exhibit A also incorporates the following supplemental attachments, Attachment A – 2022 RFP Building Statistic Sheet consisting three (3) pages, Attachment B – Location Maps & Index consisting of four (4) pages, and Attachment C – Building Task Lists consisting of three (3) pages. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall begin on January 1, 2023. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3. Contract Period. This Agreement shall commence January 1, 2023, and shall continue in full force and effect until December 31, 2023, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 4. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least ten (10) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective immediately when emailed or three (3) business days from the date of the notice when mailed to the following DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 2 of 38 addresses: Service Provider: City: Copy to: Kleen-Tech Services, LLC. Attn: Jorge Saldana 7100 Broadway , Suite 6L Denver CO 80221 jsaldana@kleen-tech.com City of Fort Collins Attn: Carole Herrick PO Box 580 Fort Collins, CO 80522 cherrick@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Service Provider shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's sole right and remedy for such termination. 6. Compensation. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, as per the attached Exhibit B, consisting of two (2) pages and incorporated herein by this reference. Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Service Provider following the submittal of a correct itemized invoice by the Service Provider. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The City pays invoices on Net 30 days from the date of the invoice. 7. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8 -186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 8. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 9. Independent Service Provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 3 of 38 for any other purpose. 10. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the City, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. Irrespective of any subcontractors named in Exhibit A, Service Provider shall be solely responsible for performance of all duties hereunder. 11. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 12. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 13. Warranty. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. 14. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 15. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail themselves of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 16. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction and shall be binding upon said DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 4 of 38 parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 17. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page attached hereto, and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Purchasing Director, purchasing@fcgov.com or P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 18. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution, and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 19. Prohibition Against Unlawful Discrimination. The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, affirmatively ensures that for all contracts entered into with the City, disadvantaged business enterprises are afforded a full and fair opportunity to bid on the contract and are not to be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 5 of 38 person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. 20. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 21. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D - Confidentiality, consisting of one (1) page and Exhibit E - Federal Transit Administration Federally Required and Other Model Contract Clauses consisting of thirteen (13) pages, attached hereto, and incorporated herein by this reference. [Signature Page Follows] DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 6 of 38 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: Kleen-Tech Services, LLC. By: Printed: Title: Date: DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 CEO 12/13/2022 James Vaughn Assistant City Attorney 12/14/2022 City Clerk Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 7 of 38 EXHIBIT A SCOPE OF SERVICES Scope of Work 1. QUALITY SPECIFICATIONS The Service Provider shall ensure that the facilities, fixtures, floor surfaces, and furnishings of the City shall be continually maintained in a state of high-quality cleanliness. The Service Provider shall achieve the following Quality Specifications: A. CLEANLINESS SPECIFICATIONS The City requires that the surfaces and contents be continually maintained through a robust Quality Defects reduction program. On a percentage basis, the cleanliness target specified herein shall be 85%. That is, eighty-five percent of all items in all areas, on average, must be free of Cleanliness Quality defects as defined below, and paragraphs 1-B and 1-C. Beyond this collective rating, each building has its own special information and cleaning schedule, as specified in Attachments A and C. B. DEFINITION OF CLEANLINESS QUALITY Cleanliness Quality Means: A “like-new” appearance or all of the following: - The absence of litter and undesirable debris. - The absence of un-bonded dust build-up on any surface of items required to be dusted. - The complete, thorough cleaning of items subject to cleaning, including: corners, inside, outside, top, bottom, under and over all surfaces. - The absence of surface marks, spills or other undesirable bonded residue which can be eliminated by appropriate damp or wet cleaning techniques. - The absence of soil, finish or other undesirable bonded build up which can be eliminated by appropriate heavy duty, cycle or project cleaning techniques. - The presence of appropriate surface gloss, protection, or reflective capacity in line with “like new” or designated gloss levels. - The absence of minor spots, marks, or other limited surfaces soil which can be eliminated by appropriate spot cleaning techniques. - The absence of dust, lint and other in-fiber accumulation in fabric and carpeted areas which can be eliminated by appropriate vacuum cleaning techniques. - The issuance of maintenance and other work requests to eliminate or correct problems with damaged, non-functioning, repair, or replacement-oriented items which cannot be corrected through appropriate cleaning techniques. C. CUSTOMER SATISFACTION SPECIFICATION The Service Provider shall manage the resources at its disposal in such a way as to improve Customer Satisfaction and reduce and control the number of cleaning complaints, based on the concept of continuous improvement. A goal of less than four customer complaints per month must be achieved within the first twelve months of the agreement. After the initial twelve months, the Service Provider shall continue to achieve and sustain less than four customer complaints per month. D. RESPONSE SPECIFICATION DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 8 of 38 The Service Provider shall respond to all problems presented to it by the City staff. This response shall conform to the following schedule: Emergency - on the scene within thirty (30) minutes Required - completed within eight (8) hours Planned - schedule provided twenty four (24) hours in advance ALL Service Provider response to customer requests must satisfy this requirement. E. CONTINUOUS IMPROVEMENT SPECIFICATION The Service Provider must demonstrate an effective continuous improvement program for cleaning and resolve problems through an ongoing system improvement and modification process to prevent complaints and cleaning failure. 2. SERVICE PROVIDER WORK REQUIRMENTS A. TYPE OF WORK The work covered by this Agreement involves custodial cleaning services for the cleaning of office space, corridors, lobbies, restrooms, conference rooms, exterior entrances, break rooms, locker rooms, bleachers, gymnasiums, laboratory rooms and any and all customer, employee, and public spaces contained within City buildings. The work will be performed in designated buildings as identified in Attachments A – Building Statistics and Specifications Sheet, B – Location Map & Index and C – Building Task Lists. Items to be cleaned under this contract include, but are not limited to: walls, furniture and furnishings including: chairs, tables, desks, telephones, shelving/bookcases, pipes, high dust areas, marker boards, clocks, exit/other signs, pictures, interior and exterior window glass, window sills, screens, all floor surfaces, floor coverings (carpeting, rugs, etc.), baseboards, cabinets, water fountains, doors and door frames, moldings, transoms, radiators and other heating devices, grills, vents/louvers, mini blinds, steps/banisters, elevator tracks, coat racks, sofas, credenzas/office furnishings, filing cabinets, air conditioners, fire extinguishers, drainage and toilet fixtures, sinks, mirrors, sanitary napkin/other dispensers, lockers, shower rooms, shower curtains, partitions, urinals, water free urinals replacement cartridges and fluids, table-top and modular furniture, lighting or illuminating fixtures, soap, paper towel and toilet tissue dispensers, equipment, pads, trash containers, and all customer, employee and public items. B. SUMMARY OF WORK RESPONSIBILITY The successful Service Provider will be responsible for all cleaning activities within the buildings as set forth in the Attachments. The following is a summary of the categorical duties delegated to the Service Provider and to the City or other contractors. 1. Service Provider Responsibilities Routine Cleaning as Defined in Task List Periodic Cleaning as Defined in Task List Project Cleaning as Defined in Task List All Floor Surfaces, excluding carpet extraction/shampooing Cleanliness of Cleaning Equipment Interior Glass and Frame Exterior Entrance Glass and Frame Lounges/Break Areas and Vending Equipment DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 9 of 38 Restroom Supplies Exterior Sweeping and Policing at Steps, walkways and entrances within 10 feet of building entrances. Trash Removal to Designated Locations Recycle trash emptied from COMMON AREAS to a main location in designated buildings Storm Windows Walk-off Mat Cleaning Wall Cleaning Shower curtain replacement (Curtains Provided) Install Waterfree Urinal cartridge replacement when needed (Cartridges provided). Nightly water in Waterfree urinals Water in floor drains to prevent sewer gas 2. City Responsibilities Management of Building Operations and Maintenance Contract Furniture Moving Other Moving Mechanical Rooms Meeting Room Set-Up Furnish Falcon Waterfree Urinal Cartridges for Replacement Empty Individual Office Designated Recycle Containers Sanitary Napkin Machine Product Purchase and Replacement 3. Other City Service Contracts Responsibilities by Other Vendors Carpet Extraction/Shampooing Exterior Windows C. CHANGES IN WORK REQUIREMENTS Should the Service Provider find that existing conditions make modification of the Agreement desirable, the Service Provider shall promptly report the matter to the City for consideration and decision. During the contract period or its extension, the City reserves the right to add or delete specific hours, positions, services and/or locations at the prevailing contract prices for those variable cost items. The City may at any time delete/add services and/or buildings from this scope of services as the City, in its sole discretion, deems necessary or appropriate. The contract sum shall be changed by such deletions/additions on a pro rata basis. All changes in work need to be documented on the “Change Order Form” or an amendment to the Agreement. D. HOURS OF WORK The hours for scheduling custodial cleaning services is presented, by building, in the Building Statistics and Specifications Sheet. E. CITY HOLIDAYS City Holidays are: New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, Juneteenth, Fourth of July, Labor Day, Veterans’ Day, Thanksgiving Day, the day after Thanksgiving and Christmas Day. If any of these holidays fall on a Saturday, the City will be off the Friday before. If any of these holidays fall on a Sunday, the City will be off the following Monday. Facilities will be available for cleaning on these days. Police Services (Package #8) will always need everyday service. Holiday cleaning needs will vary by building and package. Holiday cleaning DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 10 of 38 needs can be found in their respective package cleaning specifications outlined in Attachment B. F. CITY FUNCTIONS AFTER NORMAL WORKING HOURS Some City Buildings will occasionally have events with high volume crowds that could require additional cleaning after the events. The City Representative will notify the Service Provider of the schedules for these events so the Service Provider can plan accordingly. This event cleaning is to be included in the pricing of these buildings. 3. ADDITIONAL SERVICE PROVIDER RESPONSIBILITIES A. SUPPLIES, MATERIALS AND EQUIPMENT 1. Restroom, Offices and Common Area Supplies Service Provider shall provide supplies for the Packages awarded. The Service Provider will pass-through the cost of the supplies at cost with no mark-up to the City. Supplies are to be invoiced on a monthly basis with the Service Provider’s monthly service billing. Copies of the original invoices for supplies may be requested by the City to substantiate the cost. In addition, the Service Provider shall retain all invoices for supplies for a minimum period of two (2) years. The City reserves the right to audit the Service Provider’s financial records for all purchases of supplies reimbursable by the City. These supplies shall be maintained on a weekly basis. Service Provider shall be responsible for transporting these supplies and installing at the point of usage. Supplies include, but are not limited to: -Paper Towels -Toilet Tissue -Soap -Trash Bags -Toilet Seat Covers Please note any proposed antibacterial soaps, etc. intended to be utilized that contain Triclosan and/or Triclocarbon are subject to the City’s written approval. Supplies shall be of the biodegradable type, 100% post-consumer toilet paper, paper towel with recycle content and the quality that is currently being provided and to fit the existing dispensers. 2. Reimbursable Supplies The City may elect, by change to the Agreement, to require the Service Provider to furnish supplies on a reimbursable basis at cost with no mark up. In this event, the City retains the right to participate fully in any discount arrangements the Service Provider may have with suppliers of these products. The Service Provider shall provide a monthly inventory to the City of all supplies issued on a daily basis. Controls shall be established and implemented by the Service Provider to safeguard materials. Any losses or irregularities are to be promptly reported in writing to the City Representative. DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 11 of 38 3. Cleaning Equipment All necessary cleaning pads and equipment, including power driven machines, floor stripping machines, industrial vacuum cleaners, quiet vacuums, high speed polishing machines, and associated chemicals and supplies, etc., needed for the performance of the work involved, shall be furnished by the Service Provider. 4. Personal Safety Equipment The Service Provider shall provide its employees with any necessary safety equipment and Personnel Protective Equipment (PPE). 5. Uniforms The Service Provider shall provide shirts with company insignia subject to approval by the City. Company shirts and City ID badges must be worn at all times by Service Provider employees during their work shift. The ID badges must be visible on the employee. 6. City Observation The City shall have the right at all times to examine the supplies, materials, and equipment used by the Service Provider, and to observe the operations and methods of the Service Provider and its employees, agents, and subcontractors. 7. Removal and Ownership In the event of termination or contract expiration, all supplies and paper products shall remain the property of the City. 8. Inventory Levels The City may, from time to time, establish certain minimum inventories of supplies, materials and equipment to be maintained by the Service Provider. Recommendations by the Service Provider are expected at least annually. B. EQUIPMENT OR ITEMS SPECIFICATION Service Provider furnished equipment, tools, and supplies shall meet minimum standards as follows: 1. Equipment and Tools All mechanical equipment and tools shall have bumpers and guards to prevent marking or scratching of fixtures, furnishings, or building surfaces. Electrical equipment used by the Service Provider shall be UL approved, meet OSHA requirements, and all other safety requirements as specified in the contract. The equipment must operate using existing circuits. It shall be the Service Provider’s responsibility to prevent operation, or attempted operation, by custodial employees, or equipment or combinations of equipment which require electrical power exceeding the capacity of existing circuits. Such equipment shall be of the size and type most efficiently used for high quality work of this kind and shall meet with the approval of the City Representative. Equipment deemed by the City to be of improper design, or inadequate for the purpose intended shall be removed from the premises and replaced with satisfactory equipment at no expense to the City. 2. Cleaning Supplies DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 12 of 38 A list of products used by the Service Provider and the Material Safety Data Sheets shall be submitted to the City for approval during the startup period. All listed equipment and materials are the responsibility of the Service Provider. These specific products will need to be supplied and used by the Service Provider as indicated: Accelerated hydrogen peroxide based green seal chemical with solution dispensing on the bottle is required for all surfaces. This disinfectant is to be used on all restroom and locker room surfaces. Non- ammoniated glass cleaner on tinted glass. Stainless steel cleaner on the EPIC locker room stainless fixtures only. Not on other surfaces. The following products cannot be used at the City for any maintenance purpose: pine oils, bleach, ammonia, de-scalers, lye, oven cleaners, steel wool, and powdered cleansers. Samples of additional janitorial supplies which may be recommended by the Service Provider shall be submitted to the City Representative for approval thirty (30) days prior to the contr act start date, or date of intended use. The pH of any cleaning materials shall not exceed nine (9). The Contractor must use green seal, cleaning chemicals. All boxes shall be broken down and recycled. All chemical containers rinsed and recycled as appropriate. Quiet vacuums are to be used in day cleaning. Micro fiber cloths and micro fiber floor mops are to be used for cleaning. 3. Material Safety Data Sheet The Service Provider shall submit Material Safety Data Sheets on all products prior to contract start up, in a form acceptable to the City. The Service Provider shall provide Material Safety Data Sheets for any new products implemented after contract start up and approved by the City. C. Systems Support As may be requested by the City, the Service Provider is to provide the systems and technical expertise necessary to set or redefine staffing labor and resource requirements. Those providing this support shall be experienced and competent and shall develop their recommendations on the basis of the City defined cleanliness levels. D. SERVICE PROVIDER RESOURCE RESPONSIBILITIES The Service Provider shall contractually establish and provide all labor, equipment, tools, supplies, supervision, management and other resources and services necessary to achieve the cleanliness, customer satisfaction and management response specifications as defined in the Agreement. This commitment MUST include all routine, periodic, project and other tasks and frequencies needed to meet the quality specifications noted. It is intended that no project or special work is billable under this contract, except in a rare or unusual situation. And in this event, written authorization must be obtained for added billable work. The Service Provider will notify the City, with a written order, and will schedule each special project to be performed, when such work supervision falls outside the context of the agreement. E. SERVICE PROVIDER STAFFING The Service Provider shall be obligated to provide its proposed number of custodial personnel to perform the duties required in accordance with this Agreement at all times. The Service Provider shall keep on file and furnish to the City Representative a monthly report that includes a list of the names of all personnel presently working in each building and number of hours worked by each person, as certified by the Service Provider’s time records. DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 13 of 38 All employees of Service Provider employed to carry out the custodial cleaning services proposed are subject to final approval by the City. All employees of the Service Provider will be required to adhere to City Security, Fire and Safety Regulations for Service Provider employees. Service Provider agrees that it will, upon notice from the City, remove any supervisor or employee who is, for any reason, unsatisfactory to the City, and replace him/her with an employee satisfactory to the City. The Service Provider shall not represent that it and its employees are either agents or employees of the City. All Service Provider personnel shall be physically able to do their assigned work. All Service Provider personnel shall be capable employees, thoroughly trained and qualified in the work assigned to them. The employee shall receive a copy of the Building Information Sheet along with appropriate training specific to the needs of the building(s) prior to performing the cleaning duties. A copy of the supervisor’s training record must be maintained and provided to the City in advance of employment on site. Every new employee must receive OSHA’s Hazardous Communication Program training using an established program, prior to working in any City building. The Service Provider agrees that only assigned personnel will be permitted on the City premises and no other personnel including, but not limited to salesmen, friends, relatives or minors, will be allowed on premises without prior written notice and written approval by the City. The Service Provider employees shall schedule all routine, project, and other work in such a way as not to interfere with regularly scheduled City activities and within the time constraints specified by the City. F. CUSTOMER SERVICE POLICY The Service Provider shall establish a clear Customer Service Policy which is communicated to its employees. G. SITE MANAGEMENT The Service Provider shall provide nonworking managers and supervisors to ensure the performance of the work and proper supervision of cleaning employees. These managers working hours shall be during the work hours of the custodians. The Site Manager shall demonstrate adequate knowledge of cleaning equipment, tools, chemicals, techniques, and related activities and shall be able to recognize any situations or circumstances under which the cleaning techniques defined may be improved upon. Proof of this training and knowledge is required. The City shall have the right to make minor adjustments in the tasks, areas, or employees if such minor adjustments do not cause an increase or decrease in the quality and performance targets to be achieved. It is understood that additional building space or other areas may be added, at the City’s option, utilizing the change order procedures outlined in this document. The City shall have the right to cause the Service Provider to replace any individual functioning as Site Manger or supervisor. DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 14 of 38 H. SPECIAL REQUIREMENTS Service Provider must ensure all exterior doors are locked, as necessary, while cleaning and upon leaving the buildings. All rooms which are found locked are to be relocked after cleaning. The City requires the Service Provider to turn off all lights as cleaning is completed. Cleaning Teams should remain together as much as possible to conserve power within the buildings. Security Alarms must be disarmed and armed using the correct procedures. 4. CITY SUPPLIED ITEMS A. UTILITIES The City will provide, at no cost to the Service Provider, electricity and water utilities. B. STORAGE SPACE The City will provide, at no cost to the Service Provider, limited storage space at Operation Services at 300 Laporte. Custodial closets are located in all City facilities for the storage of supplies, materials and equipment. 5. SERVICE PROVIDER OPERATIONAL REQUIREMENTS A. KEY CONTROL The Service Provider shall establish and implement adequate methods of ensuring that all keys issued to the Service Provider by the City are not lost or misplaced and are not used by unauthorized person. They shall not be marked with identifying building name. As a minimum, all such keys shall be kept in a locked key board in the office of the Service Provider. The Service Provider shall provide the City with keys necessary to open the locked key board. No keys issued to the Service Provider shall be duplicated. Access Cards and fobs will be issued in the name of the Service Provider’s custodians. City Representative to be notified immediately when a custodian is no longer an employee of the Service Provider. The fob will be canceled and reinstated in the new custodian’s name. All access fobs and keys will be furnished by the City. All lost access fobs and keys must be reported immediately to the City Representative. Fobs will be canceled in the system. There is a $30 fee for replacement of lost fobs. All lost keys will be replaced by the City, not by the Service Provider. However, the sum of $30.00 will be charged the Service Provider for each key or access fob that is lost by the Service Provider. Furthermore, if keys are lost or duplicated by the Service Provider and, in the opinion of the City, it is necessary to replace or recode locks for reasons of security, the direct cost of such replacement or recoding will be paid by the Service Provider. It is the responsibility of the Service Provider to prohibit the use of keys or fobs by persons other than those supervised by the Service Provider’s employees. It is also the responsibility of the Service Provider to prohibit the opening of locked areas by the Service Provider’s employees to permit entrance of persons other than Service Provider’s employees engaged in the performance of assigned work in those areas. DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 15 of 38 B. LOST AND FOUND It shall be the responsibility of the Service Provider to instruct its staff and employees that all articles of possible personal or monetary value found by the Service Provider’s employees be turned in to the City at Operation Services at 300 Laporte. C. TIME CARDS/PAYROLL DOCUMENTATION All of Service Provider’s employees shall be required to call in or sign a time sheet at the start and end of each shift. This record shall be submitted to the City to confirm actual labor cost on invoices submitted, and in any event, shall comply with the City’s requirement for auditing Service Provider labor hours. D. PROBLEM IDENTIFICATION All supervisors will be responsible to call and leave a report for the City Representative identifying any needed repairs to the building, its furnishings, its fixtures, its mechanical equipment and other such items. Service Provider supervisors will also call when in their opinion, carpeting needs to be extracted. This information will be called in on a daily basis. If the problem is critical in nature and requires immediate action, they shall call Operations Services emergency number immediately. E. REPORTING SYSTEM The Service Provider shall maintain records adequate to reflect, in accordance with sound accounting and administrative practices, all services provided under the agreement. It shall issue such reports as the City may reasonably request, including but not limited to monthly and quarterly cumulative accounting reports. All records shall identify area-by-area and building-by-building data. At the City’s request, the Service Provider shall make all payroll records, training records, invoices for materials, and other relevant records pertinent to the contract available to the City Representative or its authorized representative for the purposes of inspection and audit of such records. Any substantive changes affecting any dimension of work performed shall be brought to the immediate attention of the City. The Service Provider shall not enter into any agreement or take any action which may interfere with the rights of the City as noted under this contract, or compromise with City’s ability to serve the needs of its physical plant, occupants, employees, management, or customers. F. SPECIFIC REPORT REQUIREMENTS 1. Daily a. The Service Provider shall maintain daily weekday contact with the City Representative. b. A list of problems found by supervisors, are to be called into City Representative’s voice mail nightly. (Emergency calls to Operations Services emergency number.) c. Work orders will be issued for cleaning complaints made by City personnel or for work requests. These shall be reviewed daily by the Service Provider for follow up and resolution. The Service Provider shall sign, date and return on or before the due date. d. A log listing the names of the Service Provider’s personnel present for work daily and the number of hours worked by each person shall be available. 2. Weekly DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 16 of 38 Periodic Floor Care Reporting. The Service Provider shall log all the periodic floor care that is completed each night. This log shall be available for weekly review by t he City Representative. 3. Monthly Service Provider shall be available to inspect buildings on a monthly basis with City Representative. Results will be provided to the Service Provider. G. SAFETY AND HEALTH The Service Provider must promptly report to the City cases of death, occupational disease and injury caused by work on the job. Verbal notification must be followed by a written report describing the incident. The Service Provider must provide emergency first aid and treatment of job-related injuries in accordance with all federal, state, and local laws and the requirements of its insurance plan. H. RELIEF PERSONNEL The Service Provider shall employ an adequate quantity of on-call relief personnel not permanently assigned to the Facility who shall be pre-approved and used to complete the work assignment of absent employees normally assigned to work in a specific area. Such relief personnel may perform authorized project work when not performing routine work. These relief personnel shall not be charged against the City, directly or indirectly, including wages, benefits and/or other costs regardless of the regular or overtime hours worked, when replacing regular workers. If the Site Manager or a supervisor is absent, the Service Provider shall provide a replacement that is competent and has been given the authority to carry out the duties of the Site Manager, subject to the approval of the City. I. SOLICITING All soliciting is prohibited on the City premises by Service Provider employees. Service Provider shall inform its employees of this policy prior to their beginning work under the contract. J. ACCESS TO CITY FACILITIES Prior to beginning work under this Contract, the Service Provider must obtain a background clearance using Colorado Data Base Investigations and/or Colorado Bureau of Investigations-Crime Information Center. Also, Service Provider must check for valid documents through Homeland Security, Immigration and Custom Enforcement (ICE). An appointment must be made by the Service Provider with Operations Services, City of Fort Collins, 970-221-6610, for a City picture ID. The Service provider must bring a copy of the CBI report for City records. The City may deny clearance to any person who: • Has an active criminal arrest warrant; • Has a felony arrest or conviction; • Has a drug-related misdemeanor or drug-related petty offensive conviction o Has a non-drug-related misdemeanor or a petty offensive conviction within the past three (3) years; • Is a suspect in an active criminal investigation; • Was previously terminated from employment by the City of Fort Collins; DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 17 of 38 • Is determined to be a threat to the safety of persons or property or to the confidentiality of City information. Operations Services shall provide the Service Provider with a picture identification card for all persons given clearance. Such identification tags shall be displayed, in an easily seen manner, on all employees while working in City buildings. Identification cards and access fobs shall immediately be returned to the City Representative when the employee no longer works for the Service Provider in City Buildings. Any Service Provider employee without a properly displayed identification card is subject to immediate eviction from the City Building. The Service Provider shall provide the City with a current and complete list of the names, I.D. card numbers, address and telephone numbers of all Service Provider personnel providing services under this agreement. The Service Provider shall keep this list current and shall immediately inform the City of all personnel changes. 6. SPECIAL PROVISIONS A. POLICE FACILITIES – CJIS REQUIREMENTS 1. CJIS Security Compliance. a. This Agreement is contingent upon the Service Provider registering in the Colorado Bureau of Investigation (CBI) CJIS Vendor Management Program within 30 days of contract signing and obtaining and maintaining CJIS Compliance and enrollment throughout the term of the Agreement. Failure to comply with CJIS Security Policy/Compliance at any time will immediately be cause for termination of the Agreement for default with no remedy period. Note: If CBI is taking longer than 30 days to process your application, please notify FCPS security for ongoing escorting arrangements and escalation to CBI (pdsecurity@fcgov.com). Enrollment in CBI’s CJIS Vendor Management Program can be completed here: https://www.colorado.gov/pacific/cbi/cjis-vendor-management-program Forms and Detailed instructions: https://www.colorado.gov/pacific/cbi/cjis-vendor-management-program-vendor- instructions. The Service Provider is required to notify FCPS Security in writing that registration has been submitted and when registration has been completed and accepted by CBI. (pdsecurity@fcgov.com) b. Service Provider employees assigned to support the City under this Agreement will be required to be fingerprinted and subject to background check. The CBI will assign a VCP number after enrollment in the CBI CJIS Vendor Management Program. After assignment of the VCP number, contact Fort Collins Police Services to schedule fingerprinting. c. Security awareness training shall be completed as required by the CBI CJIS Vendor Management Program within six months of initial assignment and biennially thereafter, for all personnel who have access to CJI. DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 18 of 38 - Level 1 CJIS Security Awareness Training is required. - CJIS Security Awareness Training certificate renewal is required every two years for each person requiring unescorted access. Note: It is the vendors responsibility to designate a Vendor Services Coordinator to manage their CJIS Online portal that will be issued by CBI to ensure the right employees are authorized to participate in the program. The Vendor Services Coordinator must notify CBI of personnel changes (onboarding/offboarding/access level changes). For example: If participating employees no longer work for the vendor, the Vendor Services Coordinator must notify the CBI's CJIS Vendor Management Group immediately (CJIS Security Policy 5.12.2). d. The Service Provider shall be solely responsible for compliance to the CBI CJIS Vendor Management Program. B. TYPE OF CONTRACT The City will award based on a Fixed Cost for custodial cleaning services to one or multiple Service Providers resulting from RFP process. C. DEDUCTIONS, ADJUSTMENTS AND DAMAGES The City shall have the right to assess damages for breach of the Service Provider’s obligations. The exercise of its rights shall not preclude the City’s right to terminate or revoke the Agreement. Deductions and adjustments (as a credit to the Service Provider’s invoice) are a valid right of the City. Typical deductions include, but are not limited to: - If the Service Provider fails to perform the work required to achieve the quality specifications, damages will be assessed on the basis of the hours, wage rate costs and other costs expended by the City to achieve the quality specifications. - If the Service Provider fails to complete its responsibility per contract and results in being phased out (per its proposal), any damages which might result shall be subject to financial remedy and deduction on the basis of added costs to the City. - The Service Provider shall be held accountable and liable to the City for any damages to the City facilities, fixtures, furnishings, equipment, grounds, or personal injury to City employees, invitees, or licensees, caused by the Service Provider, its employees, or others under its charge. - The value of unaccounted for, lost, damaged or missing City equipment, materials, supplies or other property shall be deducted, at the discretion of the City. - The value of labor hours warranted, but not worked, regardless of reason. In addition to the above, the City shall have the right to withhold monies as a credit from any monthly payments, otherwise due to the Service Provider/Professional, as may be deemed necessary to protect the City against failure or delay in performance by the Service Provider/Professional of its obligations, without revoking or terminating the contract. DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 19 of 38 DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 20 of 38 DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 21 of 38 DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 22 of 38 EXHIBIT B COMPENSATION SCHEDULE The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price adjustments may only be negotiated and agreed to in writing at the time of renewal. DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 23 of 38 DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 24 of 38 EXHIBIT C INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The Service Provider shall maintain during the life of this Agreement such General Liability as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement such Automobile Liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 25 of 38 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 26 of 38 EXHIBIT E Federal Transit Administration Federally Required and Other Model Contract Clauses FEDERAL TRANSIT ADMINISTRATION FEDERALLY REQUIRED AND OTHER MODEL CONTRACT CLAUSES TABLE OF CONTENTS SCOPE OF WORK ................................................................................................................................... 7 1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES ......................................................................... 27 2. RECORDS RETENTIONS AND ACCESS TO SITES OF PERFORMANCE .................................................................. 27 3. FEDERAL CHANGES ........................................................................................................................................... 27 4. CIVIL RIGHTS (EEO, TITLE VI & ADA) .................................................................................................................. 28 5. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ........................................................ 31 6. ENERGY CONSERVATION REQUIREMENTS ....................................................................................................... 31 7. VETERANS EMPLOYEMENT ............................................................................................................................... 31 8. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (2 CFR §200.216) ................................................................................................................................................... 32 9. TERMINATION PROVISIONS (APPENDIX II TO PART 200) .................................................................................. 32 10. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION ..................................................................................... 32 11. NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF INFORMATION RELATED TO FRAUD, WASTE, ABUSE OR OTHER LEGAL MATTERS .............................................................................................................................. 33 12. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352) ..................................................................................... 34 13. NONCONSTRUCTION EMPLOYEE PROTECTION (CONTRACT WORK HOURS AND SAFETY STANDARDS ACT) ... 35 14. TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS ......................................................................................... 35 15. DRUG AND ALCOHOL TESTING ......................................................................................................................... 36 16. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT ........................................................... 37 17. 6002 OF THE SOLID WASTE DISPOSAL ACT (2 CFR 200.322) ............................................................................. 37 18. ASSIGNABILITY .................................................................................................................................................. 37 19. CITY OF FORT COLLINS BID PROTEST PROCEDURES .......................................................................................... 38 20. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 ...................................................................................................... 38 21. INCREASING SEAT BELT USE IN THE UNITED STATES ........................................................................................ 38 22. REDUCING TEXT MESSAGING WHILE DRIVING ................................................................................................. 38 DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 27 of 38 1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES Applies to all FTA-Assisted Third-Party Contracts and Subcontracts. 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 part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the sub-contractor who will be subject to it provisions. 2. RECORDS RETENTIONS AND ACCESS TO SITES OF PERFORMANCE Applies to all FTA-Assisted Third-Party Contracts and Subcontracts. 1. For a period of three years following Contract closing, the Contractor and its subcontractors shall maintain, preserve and make available to the City, the FTA Administrator, the Comptroller General of the United States, and any of their authorized representatives, access at all reasonable times to any books, documents, papers and records of Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, otherwise comply with 49 U.S.C. § 5325(g), and federal access to records requirements as set forth in the applicable U.S. DOT Common Rule . 2. The Contractor shall maintain and the City shall have the right to examine and audit all records and other evidence sufficient to reflect properly all prices, costs or rates negotiated and invoiced in performance of this Contract. This right of examination shall include inspection at all reasonable times of the Contractor’s offices engaged in performing the Contract. 3. If this Contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement. The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this Contract until such appeals, litigation, or claims are finally resolved. 4. Access to Records and Reports” applies with equal force and effect to any subc ontractors hired by the Contractor to perform Work under this Contract. The Contractor shall insert this provision in all subcontracts under this Contract and require subcontractor compliance therewith. 5. Access to the Sites of Performance. The Recipient agrees to permit, and to require its Third Party Participants to permit, FTA to have access to the sites of performance of its Award, the accompanying Underlying Agreement, and any Amendments thereto, and to make site visits as needed in compliance with the U.S. DOT Common Rules. 6. Closeout. Closeout of the Award does not alter the record retention or access requirements of this section of this Master Agreement. 3. FEDERAL CHANGES Applies to all FTA-Assisted Third-Party Contracts and Subcontracts. Federal Changes - 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 the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 28 of 38 4. CIVIL RIGHTS (EEO, TITLE VI & ADA) Applies to all FTA-Assisted Third-Party Contracts and Subcontracts. The following requirements apply to the underlying contract: a) The Recipient agrees that it must comply with applicable federal civil rights laws, regulations, requirements, and guidance, and follow applicable federal guidance, except as the Federal Government determines otherwise in writing. Therefore, unless a Recipient or a federal program, including the Tribal Transit Program or the Indian Tribe Recipient, is specifically exempted from a civil rights statute, FTA requires compliance with that civil rights statute, including compliance with equity in service. b) Nondiscrimination in Federal Public Transportation Programs. The Recipient agrees to, and assures that it and each Third-Party Participant, will: (1) Prohibit discrimination based on the basis of race, color, religion, national origin, sex, disability, or age. (2) Prohibit the: (a) Exclusion from participation in employment or a business opportunity for reasons identified in 49 U.S.C. § 5332, (b) Denial of program benefits in employment or a business opportunity identified in 49 U.S.C. § 5332, or (c) Discrimination, including discrimination in employment or a business opportunity identified in 49 U.S.C. § 5332. (3) Follow: (a) The most recent edition o f FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance, and other applicable federal guidance that may be issued, but (b) FTA does not require an Indian Tribe to comply with FTA program-specific guidelines for Title VI when administering its Underlying Agreement supported with federal assistance under the Tribal Transit Program. c) Nondiscrimination – Title VI of the Civil Rights Act. The Recipient agrees to, and assures that each Third Party Participant, will: (1) Prohibit discrimination based on race, color, or national origin, (2) Comply with: (a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq., (b) U.S. DOT regulations, “Nondiscrimination in Federally -Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 C.F.R. part 21, and (c) Federal transit law, specifically 49 U.S.C. § 5332, and (3) Follow: (a) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance, (b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3, and (c) All other applicable federal guidance that may be issued. d) Equal Employment Opportunity. (1) Federal Requirements and Guidance. The Recipient agrees to, and assures that each Third Party Participant will, prohibit discrimination on the basis of race, color, religion, sex, or national origin, and: (a) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., (b) Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order No. 11246, Relating to Equal Employment Opportunity,” 42U.S.C. § 2000e note, (c) Comply with Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a, and (d) Comply with FTA Circular 4704.1other applicable EEO laws and regulations, as provided in Federal guidance, including laws and regulations prohibi ting discrimination on the basis of disability, except as the Federal Government determines otherwise in writing, (2) General. The Recipient agrees to: (a) Ensure that applicants for employment are employed and employees are treated during employment witho ut discrimination on the basis of their: 1 Race, 2 Color, 3 Religion, 4 Sex, 5 Disability, 6 Age, or 7 National origin, (b) Take affirmative action that includes, but is not limited to: 1 Recruitment advertising, 2 Recruitment, 3Employment, 4 Rates of pay, 5 Other forms of compensation, 6 Selection for training, including apprenticeship, 7 Upgrading, 8 Transfers, 9 Demotions, 10 Layoffs, and 11 Terminations, but (b) Indian Tribe. Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of "Employer". (3) Equal Employment Opportunity Requirements for Construction Activities. In addition to the foregoing, when DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 29 of 38 undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), the Recipient agrees to comply, and assures the compliance of each Third Party Participant, with: (a) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, September 2019 Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and (b) Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order No. 11246, Relating to Equal Employment Opportunity,” 42U.S.C. § 2000e note. e) Disadvantaged Business Enterprise. To the extent authorized by a pplicable federal laws and regulations, the Recipient agrees to facilitate, and assures that each Third-Party Participant will facilitate, participation by small business concerns owned and controlled by socially and economically disadvantaged individuals, also referred to as “Disadvantaged Business Enterprises” (DBEs), in the Underlying Agreement as follows: (1) Statutory and Regulatory Requirements. The Recipient agrees to comply with: (a) Section 1101(b) of the FAST Act, 23 U.S.C. §101 note, (b) U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and (c) Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12a of this Master Agreement. (2) DBE Program Requirements. A Recipient that receives planning, capital and/or operating assistance and that will award prime third-party contracts exceeding $250,000 in a federal fiscal year must have a DBE program meeting the requirements of 49 C.F.R. Part 26, which is approved by FTA, and establish an annual DBE participation goal. (3) Special Requirements for a Transit Vehicle Manufacturer (TVM). The Recipient agrees that: (a) TVM Certification. Each TVM, as a condition of being authorized to b id or propose on FTA-assisted transit vehicle procurements, must certify that it has complied with the requirements of 49 C.F.R. part 26, and (b) Reporting TVM Awards. Within 30 days of any third-party contract award for a vehicle purchase, the Recipient must submit to FTA the name of the TVM contractor and the total dollar value of the third-party contract and notify FTA that this information has been attached to FTA’s electronic award and management system, the Recipient must also submit subsequent notifications if options are exercised in subsequent years to ensure the TVM is still in good standing. (4) Assurance. As required by 49 C.F.R. § 26.13(a): (a) Recipient Assurance. The Recipient agrees and assures that: 1 It must not discriminate on the basis of race, color, national origin, or sex in the award and performance of any FTA or U.S. DOT-assisted contract, or in the administration of its DBE program or the requirements of 49 C.F.R. part 26, 2 It must take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award and administration of U.S. DOT- assisted contracts, 3 Its DBE program, as required under 49 C.F.R. part 26 and as approved by U.S. DOT, is incorporated by reference and made part of the Underlying Agreement, and 4 Implementation of its DBE program approved by U.S. DOT is a legal obligation and failure to carry out its terms shall be treated as a violation of this Master Agreement. (b) Subrecipient/Third Party Contractor/Third Party Subcontractor Assurance. The Recipient agrees and assures that it will include the following assurance in each subagreement and third party contract it signs with a Subrecipient or Third Party Contractor and agrees to obtain the agreement of each of its Subrecipients, Third Par ty Contractors, and Third Party Subcontractors to include the following assurance in every subagreement and third party contract it signs: 1 The Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must not discriminate on the basi s of race, color, national origin, or sex in the award and performance of any FTA or U.S. DOT -assisted subagreement, third party contract, and third party subcontract, as applicable, and the administration of its DBE program or the requirements of 49 C.F.R. part 26, 2 The Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award and administration of U.S. DOT-assisted subagreements, third party contracts, and third party subcontracts, as applicable, 3 Failure by the Subrecipient and any of its Third Party Contractors or Third Party Subcontractors to carry out the requirements of this subparagraph 13.d(4)(b) is a material breach of this subagreement, third party contract, or third party subcontract, as applicable, and 4 The following remedies, or such other remedy as the Recipient deems appropriate, include, but are not limited to, withholding monthly progress payments; assessing DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 30 of 38 sanctions; liquidated damages; and/or disqualifying the Subrecipient, Third Party Contractor, or Third Party Subcontractor from future bidding as non-responsible. (5) Remedies. Upon notification to the Recipient of its failure to carry out its approved progr am, FTA or U.S. DOT may impose sanctions as provided for under 49 C.F.R. part 26, and, in appropriate cases, refer the matter for enforcement under either or both 18 U.S.C. § 1001, and/or the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq. f) Nondiscrimination on the Basis of Sex. The Recipient agrees to comply with federal prohibitions against discrimination on the basis of sex, including: (1) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq., (2) U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25, and (3) Federal transit law, specifically 49 U.S.C. § 5332. g) Nondiscrimination on the Basis of Age. The Recipient agrees to comply with federal prohibitions against discrimination on the basis of age, including: (1) The Age Discrimination in Employment Act, 29 U.S.C. §§ 621 – 634, which prohibits discrimination on the basis of age, (2) U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, (3) The Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., which prohibits discrimination against individuals on the basis of age in the administration of Programs, Projects, and related activities receiving federal assistance, (4) U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and (5) Federal transit law, specifically 49 U.S.C. § 5332. h) Nondiscrimination on the Basis of Disability. The Recipient agrees to comply with the following federal prohibitions against discrimination on the basis of disability: (1) Federal laws, including: (a) section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the administration of federally assisted Programs, Projects, or activities, (b) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities: 1 For FTA Recipients generally, Titles I, II, and III of the ADA apply, but 2 For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply because it exempts Indian Tribes from the definition of “employer,” (c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires th at buildings and public accommodations be accessible to individuals with disabilities, (d) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination, and (e) Other applicable federal laws, regulations and requirements pertaining to access for seniors or individuals with disabilities. (2) Federal regulations, including: (a) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R. part 37, (b) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. part 27, (c) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38, (d) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 4 9 C.F.R. part 39, (e) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services,” 28 C.F.R. part 35, (f) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Co mmercial Facilities,” 28 C.F.R. part 36, (g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R. part 1630, (h) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. part 64, Subpart F, (i) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36 C.F.R. part 1194, and (j) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R. part 609, and (k) Other applicable federal civil rights and nondiscrimination guidance. DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 31 of 38 (i) Drug or Alcohol Abuse - Confidentiality and Other Civil Rights Protections. The Recipient agrees to comply with the confidentiality and civil rights protections of: (1) The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. § 1101 et seq., (2) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. § 4541 et seq., and (3) The Public Health Service Act, as amended, 42 U.S.C. §§ 290dd – 290dd-2. (j) Access to Services for Persons with Limited English Proficiency. The Recipient agrees to promote accessibility of public transportation services to persons with limited understanding of English by following: (1) Executive Order No. 13166, “Improving Access to Services for Persons with Limited English Proficiency,” August 11, 2000, 42 U.S.C. § 2000d -1 note, and (2) U.S. DOT Notice, “DOT Policy Guidance Concerning Recipients’ Responsibilities to Limited English Proficiency (LEP) Persons,” 70 Fed. Reg. 74087, December 14, 2005. (k) Other Nondiscrimination Laws, Regulations, Requirements, and Guidance. The Recipient agrees to comply with other applicable federal nondiscrimination laws, regulations, and requirements, and follow federal guidance prohibiting discrimination. (l) Remedies. Remedies for failure to comply with applicable federal Civil Rights laws, regulations, requirements, and guidance may be enforced as provided in those federal laws, regulations, or requirements. (m) Free Speech and Religious Liberty. The recipient shall ensure that Federal funding is expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements: including, but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination. 5. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS (Per FTA C 4330.1F) Applies to all FTA-Assisted Third-Party Contracts and Subcontracts. Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressl y set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City requests which would cause the City to be in violation of the FTA terms and conditions. 6. ENERGY CONSERVATION REQUIREMENTS Applies to all FTA-Assisted Third-Party Contracts and Subcontracts. Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plans under the Energy Policy and Conservation Act, as amended 42 U.S.C. § 6321, et. seq., and perfo rm an energy assessment for any building constructed, reconstructed, or modified with federal assistance required under FTA regulations, “Requirements for Energy Assessments,” 49 CFR Part 622, subpart C. 7. VETERANS EMPLOYEMENT Applies to all FTA-Assisted Third-Party Contracts and Subcontracts. Veterans Employment. As provided by 49 U.S.C. § 5325(k): To the extent practicable, the contractor agrees and assures that each of its subcontractors: 1. Will give a hiring preference to veterans (as defined in 5 U.S.C. § 2108), who have the skills and abilities required to perform construction work required under a third-party contract in DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 32 of 38 connection with a capital project supported with funds made available or appropriated for 49 U.S.C. chapter 53, and 2. Will not require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee. 8. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (2 CFR §200.216) Applies to all FTA-Assisted Third-Party Contracts and Subcontracts. Contractor is prohibited from using equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115 -232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). a. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). b. Telecommunications or video surveillance services provided by such entities or using such equipment. c. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 9. TERMINATION PROVISIONS (APPENDIX II TO PART 200) Applies to all contracts except micro-purchases. a. Termination for Convenience. The City may terminate this Contract, in whole or in part, for any reason, upon five (5) days written notice to the Contractor. In such event, the City shall pay the Contractor its costs, including reasonable Contract close -out costs, and profit on Work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid the Contractor . If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in a manner the City directs. b. Termination for Breach. Either Party’s failure to perform any of its material obligati ons under this Contract, in whole or in part or in a timely or satisfactory manner, will be a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within thirty (30) days after the institution of such proceeding, will also constitute a breach. In the event of a breach, the non-breaching Party may provide written notice of the breach to the other Party. If the notified Party does not cure the breach, at its sole expense, within thirty (30) days after delivery of notice, the non-breaching Party may exercise any of its remedies provided under this Contract or at law, including immediate termination of the Contract. 10. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION Applies to all contracts and subcontracts exceeding $25,000. Suspension and Debarment Executive. DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 33 of 38 The contractor attests that it is not listed on the government-wide exclusions in the System for Award Management (SAM). The Contractor agrees to the following: (a) It will comply with the requirements of 2 C.F.R. part 180, subpart C, as adopted and supplemented by U.S. DOT regulations at 2 C.F.R. part 1200, wh ich include the following: (a) It will not enter into any arrangement to participate in the development or implementation of the Project with any Third Party Participant that is debarred or suspended except as authorized by: 1 U.S. DOT regulations, “Non-procurement Suspension and Debarment,” 2 C.F.R. part 1200, 2 U.S. OMB, “Guidelines to Agencies on Government wide Debarment and Suspension (Non- procurement),” 2 C.F.R. part 180, including any amendments thereto, and 3 Executive Orders Nos. 12549 and 12689, “Debarment and Suspension,” 31 U.S.C. § 6101 note, (b) It will review the U.S. GSA “System for Award Management,” https://www.sam.gov, if required by U.S. DOT regulations, 2 C.F.R. part 1200, and (c) It will include, and require each of its Third Party Participants to include, a similar provision in each lower tier covered transaction, ensuring that each lower tier Third Party Participant: 1 Will comply with Federal debarment and suspen sion requirements, and 2 Reviews the “System for Award Management” at https://www.sam.gov, if necessary to comply with U.S. DOT regulations, 2 C.F.R. part 1200, and (b) If the Recipient suspends, debars, or takes any similar action against a Third-Party Participant or individual, the Recipient will provide immediate written notice to the: (a) FTA Regional Counsel for the Region in which the Recipient is located or implements the Project, (b) FTA Project Manager if the Project is administered by an FTA Headquarters Office, or (c) FTA Chief Counsel. 11. NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF INFORMATION RELATED TO FRAUD, WASTE, ABUSE OR OTHER LEGAL MATTERS Applies to all contracts and subcontracts exceeding $25,000. The prime contractor is required to “flow down” this requirement to subcontractors. a. If a current or prospective legal matter that may affect the Federal Government emerges, the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which the Recipient is located. The Recipient must include a similar notification requirement in its Third Party Agreements and must require each Third Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220. 1. The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason. 2. Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements. 3. Additional Notice to U.S. DOT Inspector General. The Recipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Recipient is located, if the Recipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Recipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third Party Participant of the Recipient. It also applies to subc ontractors at any tier. DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 34 of 38 Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Recipient. In this paragraph, “promptly” means to refer information without delay and without change. This notification provision applies to all divisions of the Recipient, including divisions tasked with law enforcement or investigatory functions. b. Federal Interest in Recovery. The Federal Government retains the right to a proportionate share of any proceeds recovered from any third party, based on the percentage of the federal share for the Underlying Agreement. Notwithstanding the preceding sentence, the Recipient may return all liquidated damages it receives to its Award Budget for its Underlying Agreement rather than return the federal share of those liquidated damages to the Federal Government, provided that the Recipient receives FTA’s prior written concurrence. c. Enforcement. The Recipient must pursue its legal rights and remedies available under any third party agreement or any federal, state, or local law or regulation. 12. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352) Applies to all contracts exceeding $100,000. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractor attests that it has filed the required certification under the Byrd Anti-Lobbying Amendment. Contractor attests that it has certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Contract, grant or any other award covered by 31 U.S.C. 1352. Contractor further attests that it has disclosed, and will continue to disclose, any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. If contract exceeds $100,000 the contractor is required to sign the attached certification. DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 35 of 38 13. NONCONSTRUCTION EMPLOYEE PROTECTION (CONTRACT WORK HOURS AND SAFETY STANDARDS ACT) Applies to all turnkey, rolling stock and operational contracts (excluding contracts for transportation services exceeding $100,000. The contractor agrees to comply and assures that each subcontractor will comply with all federal laws, regulations, and requirements providing wage and hour protections for nonconstruction employees, including Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701, et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR Part 5. 14. TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS Applies to all Contracts for transit operations except micro -purchases. DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 36 of 38 (1) The Contractor agrees to comply with applicable transit employee protective requirements as follows: a) General Transit Employee Protective Requirements - To the extent that FTA determines that transit operations are involved, the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the ITP's project from which Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letters. The requirements of this subsection (1), however, do not apply to any contract financed with Federal assistance provided by F TA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are set forth in subsections (b) and (c) of this clause. b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C.§ 5310(a)(2) for Elderly Individuals and Individuals with Disabilities - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body subrecipient for which work is performed on the underlying contract, the Contractor agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the state. The Contractor agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that U.S. DOL letter. c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5311 i n Nonurbanized Areas - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbaniz ed Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto. (2) The Contractor also agrees to include the any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by FTA. 15. DRUG AND ALCOHOL TESTING Applies to all Operational Services contracts except micro -purchases. Drug and Alcohol Testing The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of (name of State), or the (insert name of grantee), to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The contractor agrees further to certify annually its compliance with Parts 653 and 654 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify compliance the contractor shall use the "Substance Abuse Certifications" in DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 37 of 38 the "Annual List of Certifications and Assurances for Federal Transit Adm inistration Grants and Cooperative Agreements," which is published annually in the Federal Register. The Contractor agrees further to [Select a, b, or c] (a) submit before (insert date or upon request) a copy of the Policy Statement developed to implement its drug and alcohol testing program; OR (b) adopt (insert title of the Policy Statement the recipient wishes the contractor to use) as its policy statement as required under 49 CFR 653 and 654; OR (c) submit for review and approval before (insert date or upon request) a copy of its Policy Statement developed to implement its drug and alcohol testing program. In addition, the contractor agrees to: (to be determined by the recipient, but may address areas such as: the selection of the certified laboratory, substance abuse professional, or Medical Review Officer, or the use of a consortium). 16. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT Appendix II to Part 200 Applies to “funding agreement” under 37 CFR Part §401.2(a) Rights to Inventions Made Under a Contract or Contract . For Contracts entered into by the Contractor or the City with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the parties must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Contracts,” an d any implementing regulations issued by the awarding agency. 17. 6002 OF THE SOLID WASTE DISPOSAL ACT (2 CFR 200.322) Applies to all contracts except micro-purchases. Recovered Materials - All parties agree to comply with all applicable requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items des ignated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the i tem exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. a. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: • Competitively within a timeframe providing for compliance with the contract performance schedule; • Meeting contract performance requirements; or • At a reasonable price. b. Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site: https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program 18. ASSIGNABILITY Applies to all contracts except micro-purchases. DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Official Purchasing Document Last updated 7/19/2022 Services Agreement 9635 Custodial Services – PKG 14 Transfort Kleen-Tech Services, LLC. Page 38 of 38 Neither the City nor the Contractor shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the other. 19. CITY OF FORT COLLINS BID PROTEST PROCEDURES Applies to all contracts except micro-purchases. The City of Fort Collins has a protest procedure, covering any phase of solicitation or award, including but not limited to specification or award. The protest procedures are available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing: Purchasing@fcgov.com or calling 970-221-6775. 20. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Applies to all contracts except micro-purchases. The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall c omply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assis tance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. 21. INCREASING SEAT BELT USE IN THE UNITED STATES Applies to all contracts except micro-purchases. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), the City encourages its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. 22. REDUCING TEXT MESSAGING WHILE DRIVING Applies to all contracts except micro-purchases. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the City encourages its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and the City has established workplace safety policies to decrease accidents caused by distracted drivers. DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 South Transit Center BUILDING STATISTICS 4915 Fossil Blvd.Cleaning SQ.FT:3,504 Room Type # S.F. CARPET S.F. Hard Flr. Comments Offices 3 284 Copy/workrooms 1 67 Entry 1 393 Waiting/Recep/Lobby 1 875 Conference 1 252 Break room 1 283 Vending 1 137 Hall 2 500 Ticketing 1 251 Vestibules mech/jan Rest Rooms 4 359 Porcelain Custodial Closet 1 61 Shower Room 1 42 Porcelain Totals 18 2622 882 SPECIFICS FOB ACCESS AND ALARM Cleaning Schedule 6 Days Per Week - 6:30PM - 6:30AM Cleaning Preferred Before Midnight AFTER MIDNIGHT THE ALARM AUTO REARMS. BUILDING HOURS Report Maint. Needed to Supervisor. Toilets are to be plunged. & Information Report when floors need scrubbed Spot carpets as needed. Report large spots. OUTSIDE ENTRANCE Sweep out 10 ft. Clean glass on entrance windows. Cobwebs, ledges and ash trays. Shake black rubber mats. Be sure exterior doors are secure. INSIDE ENTRANCE Vacuum matting REST ROOMS Well used by public each day. Grafetti to be removed immediately or report to Supervisor. OFFICES OFFICES WEEKLY TRASH IN OFFICES DAILY DOWN TOWN TRANSIT CENTER BUILDING STATISTICS 250 N. Mason St.Cleaning SQ.FT:5,008 Room Type # S.F. CARPET S.F. Hard Flr. Comments Offices 12 1181 112 Wood Copy/workrooms 1 171 Waiting/Recep/Lobby 4 1588 Dispatch / Ticketing 1 221 Conference 1 237 Break room 1 100 364 VCT and CARPET combo drivers breakroom Hall 2 202 Vestibules 3 42 151 Wood mech/jan 1 54 Rest Rooms 4 540 Porcelain Attachment A 2022 RFP Building Statistics Sheet DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 MATS 2 45 Totals 32 3787 1221 SPECIFICS FOB ACCESS AND ALARM Cleaning Schedule 6 Days 6:30PM -6:30 AM MON-SAT Cleaning Preferred Before Midnight AFTER MIDNIGHT THE ALARM IS AUTO REARMED BUILDING HOURS Report Maint. Needed to Supervisor. Toilets are to be plunged. & Information Report when floors need scrubbed Spot carpets as needed. Report large spots. TRANSFORT COTTAGE BUILDING STATISTICS 6570 PORTNER RD. Cleaning SQ.FT: 1,137 Room Type # S.F. CARPET S.F. Hard Flr. Comments REST ROOMS 1 64 VINYL OFFICES 7 833 Hallway 1 103 Copier/Breakroom 1 83 Entry foyer 1 54 Totals 1073 64 SPECIFICS KEY LOCK Cleaning Schedule 7PM-12AM M-F BUILDING HOURS Report Maint. Needed to Supervisor. Toilets are to be plunged. & Information Report when floors need scrubbed Spot carpets as needed. Report large spots. TRANSFORT BUILDING STATISTICS 6570 PORTNER RD. Cleaning SQ.FT: 4,498 Room Type # S.F. CARPET S.F. Hard Flr. Comments REST ROOMS 4 646 Shower in each RR OPEN OFFICES 1 260 ENCLOSED OFFICES 10 1058 222 CONFERENCE ROOMS 1 278 ENTRANCE 1 40 CORRIDORS 4 425 213 vct LUNCH ROOM 1 500 208 in shop area/has sink COPY ROOM 1 107 STAIRWAY 1 70 into shop area CUSTODIAL AREA 2 85 MATS 5 135 COMPUTER ROOM 1 109 LOBBY 1 142 Totals 2905 1593 SPECIFICS ALARM & KEY ACCESS Cleaning Schedule 7PM-12AM M-F Must use backpack quiet vacuum BUILDING HOURS Report Maint. Needed to Supervisor. Toilets are to be plunged. & Information Report when floors need buffed or scrubbed Spot carpets as needed. Report large spots. OUTSIDE ENTRANCE Sweep out 10 ft. Clean glass on entrance windows. Cobwebs and ledges. DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Shake black rubber mats. Be sure exterior doors are secure. INSIDE ENTRANCE Vacuum matting REST ROOMS Film on window at front entrance - do not use amonia products. BREAK ROOM The trash can is under the counter in a cabinet. LOWER LEVEL The lower level bus barn includes Rest rooms, hallway, offices, break room and open counter area that are to be cleaned. Landing and stairs going from front office to garage. Trash can by stairs in garage area need daily trashing. OFFICES OFFICES AND CUBICLES CLEANED WEEKLY Trash in Offices Weekly COMMON AREA Trash in Common Areas Daily DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Attachment B Location Map and Index 63 B 222 Laporte 222 Laporte Ave. 64 B 200 Mountain Ave (Suites A & B) 200 Mountain Ave. 65 B 256 Mountain Ave (City Safe) 256 Mountain Ave. 66 B 214 N. Howes - East (City Care) 214 N. Howes ID_Number Map BUILDING LOCATION 1 A Library Branch-Council Tree 2733 Council Tree 2 A Fossil Creek Maint Shop 5833 S Lemay Ave. 3 A Gardens at Spring Park 2145 Centre Ave. 4 A Grandview Shop 1901 W. Mountain Ave. 6 A Nix Farm Office 1745 Hoffman Mill Rd. 10 A Streets 625 9th St. 11 A Traffic Operations 626 Linden St. 13 A Water Pollution Lab 3036 Environmental Dr. 14 A Water Quality Lab 4316 LaPorte Ave. 15 A Water Reclamation 3036 Environmental Dr. 16 A Water Treatment Plant 4316 LaPorte Ave. 17 A Club Tico 1599 City Park Dr. 18 A EPIC 1801 Riverside Ave. 19 A Fleet Services 835 Wood St. 20 A Grandview Office 1900 W. Mountain Ave. 21 A Park Shop 413 S. Bryan Ave. 22 A Spring Canyon Maintenance Shop 3156 S. Overland Trail 23 A Senior Center 1200 Raintree Dr. 25 A Utilities Services 700 Wood St. 27 A 906 E. Vine Dr. 906 W. Vine Dr. 28 A Mulberry Water Reclamation 930 E. Mulberry St. 30 B 110/112 N. Howes 112 N. Howes St. 32 B 215 Mason 215 N. Mason St. 35 B City Hall 300 LaPorte Ave. 36 B Library 201 Peterson St. 37 B Lincoln Center 417 W. Magnolia St. 39 B Operations Services 300 Laporte Ave. 41 B 117 N. Mason 117 N. Mason St. 42 B Police District One 144 N. Mason St, Suite 1 43 A Police Services 2221 S. Timberline Rd. 46 B Mulberry Pool 424 W. Mulberry St. 48 B Northside Aztlan Center 112 Willow St. 55 B Webster House Adm Center 301 E. Olive St. 56 B Museum of Discovery 408 Mason Court 57 A Roselawn Office 2718 E Mulberry St 60 A Nix Farm Admin Office 1745 Hoffman Mill Rd 61 A Nix Maintenance Building 1745 Hoffman Mill Rd 62 A Foothills Activity Center (FAC) 241 E. Foothills Pkwy. DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Attachment C Location Map and Index 67 B 214 N. Howes – West (Wellness) 214 N. Howes 68 A Collindale GC & CB Potts Rest. 1441 E. Horsetooth Rd 69 A East Park District Maintenance Fac. 2982 Environmental Dr. 70 A Transfort Maintenance Facility 6570 Portner Road 71 A Transfort Cottage 6570 Portner Road 72 A South Transit Center 250 N. Mason St. 73 B Downtown Transit Center 4915 Fossil Blvd DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 RFP 8813 Custodial Services Page 41 of 234 *68 *69 *71/72 *72 DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 RFP 8813 Custodial Services Page 42 of 234 *64*65 *66/67 *73 DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 All Entrances and Lobby Mon Tues Wed Thurs Fri Sat Sun Empty waste receptacles, replace liners if torn or soiled Each visit Detail vacuum and mop hard floor surfaces Each visit Remove cobwebs on walls/ceiling 1xmonth Spot clean windows in/out Each visit Spot clean drinking fountains Each visit Dust horizontal surfaces 8' and under (including window sills in/out and baseboards)1xweek Buff finished hard surfaces 1xmonth Clean outside surface of waste receptacles 1xqtr Hallways and Corridors Mon Tues Wed Thurs Fri Sat Sun Dust horizontal surfaces 8' and under (including window sills and baseboards)1xweek Remove waste from receptacles and replace liners if torn or soiled Each visit Clean drinking fountains, remove any hard water deposits Each visit Clean outside surface of waste receptacles 1xmonth Dust mop/vacuum and damp mop hard floor surfaces Each visit Spot vacuum carpeted areas Each visit Detail vacuum carpeted areas 1xweek Buff finished hard surfaces 1xmonth Auto Scrub concrete floors 1xweek Restrooms and Locker Rooms Mon Tues Wed Thurs Fri Sat Sun Restock supplies Each visit Empty waste containers and replace liners Each visit Clean mirrors, countertops, sinks, fixtures Each visit Clean toilets and urinals including seats, base, fixtures Each visit Wipe clean shower stalls (including fixtures, shower head, shower curtain/door)Each visit Deep clean/scrub of showers 1xweekly Sweep/vacuum and damp mop floors Each visit Wipe clean walls, lockers and partitions benches/seating areas 1xmonth Auto Scrub ceramic tile 1xweek Pour water down floor drain Each visit Dust exhaust vents and lighting fixtures 1xqtr Conference Rooms, Offices and Cubicles Mon Tues Wed Thurs Fri Sat Sun Dust horizontal surfaces 8' and under (including window sills and baseboards)1xmonth Remove waste from receptacles and replace liners if torn or soiled 1xweek Clean outside surface of waste receptacles 1xqtr Clean cleared countertops, table tops and desktops (do not disturb papers or equipment)1xweek Buildings (If Applicable) Attachment C Building Task Lists DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Dust mop/vacuum and damp mop hard floor surfaces 1xweek Detail vacuum carpeted areas 1xweek Clean interior windows (Including Ledges)2 x year Spot clean doors, walls and non‐fabric partitions (including kick plates and door handles)1xmonth Multipurpose Class Rooms Mon Tues Wed Thurs Fri Sat Sun Remove waste from receptacles and replace liners if torn or soiled Each visit Spot clean cleared countertops, table tops (do not disturb papers or equipment)Each visit Spot vacuum carpeted areas Each visit Dust mop/vacuum and damp mop hard floor surfaces Each visit Spot clean door glass,Each visit Dust horizontal surfaces 8' and under (including window sills and baseboards). Do not move items 1xmonth Clean outside surface of waste receptacles 1xqtr Spot clean doors, walls and non‐fabric partitions (including kick plates and door handles)1xmonth Detail vacuum carpeted areas 1xweek Scrub / Buff hard surface floors (tile/concrete)1xmonth Scrub and refinish tile floors 1xyearly Fitness Center/Studio (If applies)Mon Tues Wed Thurs Fri Sat Sun Remove waste from receptacles and replace liners if torn or soiled Each visit Dust mop/vacuum and damp mop hard floor surfaces Each visit Spot vacuum carpeted areas Each visit Spot clean door glass/mirrors Each visit Detail vacuum carpeted areas 1xweek Clean glass/mirrors 1xmonth Dust horizontal surfaces 8' and under (including window sills and baseboards)1xmonth Clean outside surface of waste receptacles 1xqtr Wipe non‐mechanical surfaces of fitness equipment 1xqtr Spot clean doors, walls and non‐fabric partitions (including kick plates and door handles)1xmonth Kitchen/Breakroom Areas Mon Tues Wed Thurs Fri Sat Sun Clean cleared countertops & table tops Each visit Restock supplies Each visit Sweep/vacuum and damp mop floors Each visit Empty waste containers and replace liners Each visit Auto Scrub ceramic tile 1xmonth Stairways Mon Tues Wed Thurs Fri Sat Sun (Public Area) Dust mop/vacuum and damp mop hard floor surfaces Each visit (Non Public Area) Dust mop/vacuum and damp mop hard floor surfaces 1xweek DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 Dust handrails/ledges 1xweek Elevator Mon Tues Wed Thurs Fri Sat Sun Dust mop/vacuum and damp mop hard floor surfaces Each visit Spot clean doors, walls Each visit Detail vacuum/ sweep /floors and door tracks 1xweek Detail doors and walls 1xweek Custodial Closet Mon Tues Wed Thurs Fri Sat Sun Clean custodial sink‐ mop floors Each visit Rinse clean all mop buckets Each visit Organize equipment and supplies Each visit Maintain MSDS book 1xmonth Report Graffiti, Maintenace & supplie issues to Service Provider Site Manager or the Custodial Contract Administrator Thank you for all you do! Services to be performed ? x weekly (scheduled for ? / ? nights ) DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 11/28/2022 IMA,Inc.-Colorado Division 1705 17th Street,Suite 100 Denver CO 80202 IMA Denver Team 303-534-4567 DenAccountTechs@imacorp.com Travelers Casualty and Surety Company of America 31194 KLEEACQ *Pinnacol Assurance 41190Kleen-Tech Services,LLC 7100 Broadway,Suite 6L Denver CO 80221 Zurich American Insurance Company 16535 Federal Insurance Company 20281 2106453980 D X 1,000,000 X 1,000,000 X XCU Not Excluded 10,000 1,000,000 2,000,000 X 36062743 1/1/2022 1/1/2023 2,000,000 D 1,000,000 X X X 73612789 1/1/2022 1/1/2023 D X X 5,000,000781910881/1/2022 1/1/2023 5,000,000 B C X N 4220890 WC302962202 1/1/2022 1/1/2022 1/1/2023 1/1/2023 1,000,000 1,000,000 1,000,000 A CRIME COVERAGE 107102503 1/1/2022 1/1/2023 Employee Theft Deductible $1,000,000 $25,000 Blanket Property Coverage:Policy #36062743 Effective Dates:01/01/2022-01/01/2023 Insurer D:See Above $1,479,820 Personal Property Limit;$5,000 Deductible;SPC Form/RC Automobile Physical Damage Coverage:Policy #73612789 Effective Dates:01/01/2022-01/01/2023 Insurer D:See Above $1,000 Comprehensive Deductible;$1,000 Collision Deductible See Attached... City of Fort Collins P.O.Box 580 Fort Collins CO 80522 USA X X DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: KLEEACQ 1 1 IMA,Inc.-Colorado Division Kleen-Tech Services,LLC 7100 Broadway,Suite 6L Denver CO 80221 25 CERTIFICATE OF LIABILITY INSURANCE City of Fort Collins is included as Additional Insured on the General and Automobile Liability Policies if required by written contract or agreement subject to the policy terms and conditions. DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 1/1/2022 to 1/1/20231/1/2022 1/1/2022DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 1/1/2022 to 1/1/20231/1/20221/1/2022DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 1/1/2022DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 7501 E. Lowry Blvd Denver, CO 80230-7006 Page 6 of 6 P HUNOLDL - Underwriter 12/19/2019 18:20:23 4220890 55225013 P400 PART SIX - CONDITIONS A.The Policy We have the right, but are not obligated to inspect your workplaces at any time. Our inspections are not safety inspections. They relate only to the insurability of the workplaces and the premiums to be charged. We may give you reports on the conditions we find. We may also recommend changes. While they may help reduce losses, we do not undertake to perform the duty of any person to provide for the health or safety of your employees or the public. We do not warrant that your workplaces are safe or healthful or that they comply with laws, regulations, codes or standards. Insurance rate service organizations have the same rights we have under this provision. B.Long Term Policy If the policy period stated on the original or renewal Information Page is longer than one year and sixteen days, all provisions of this policy will apply as though a new policy were issued on each annual anniversary that this policy is in force. C.Transfer Of Your Rights and Duties Your rights or duties under this policy may not be transferred without our written consent. If you die and we receive notice within thirty days after your death, we will cover your legal representative as insured. D.Cancellation 1.You may cancel this policy. You must mail or deliver in writing THIRTY DAYS advance notice to us stating when the cancellation is to take effect. 2.We may cancel this policy. We must mail or deliver to you not less than ten days advance written notice stating when the cancellation is to take effect. Mailing that notice to you at your mailing address shown in item 1 of the Information Page will be sufficient to prove notice. 3.The policy period will end on the day and hour stated in the cancellation notice. 4.Any of these provisions that conflicts with a law that controls the cancellation of the insurance in this policy is changed by this statement to comply with that law. Colorado Revised Statute 8-44-110 requires all insurance carriers to give a 30-day notice of cancellation, except in the case of: Fraud; Material Misrepresentation; Nonpayment of Premium; Other reasons approved by the Commissioner of Insurance. 5.Upon cancellation of the policy, any amounts retained by Pinnacol Assurance, including but not limited to: deposits, credits, interest, etc. shall first be applied towards any indebtedness of the policyholder and the remainder shall be returned to the policyholder. The retention of any such amounts by Pinnacol Assurance after cancellation of the policy shall not affect the cancellation of the policy. E.Sole Representative The insured first named in item 1 of the Information Page will act on behalf of all insureds to change this policy, receive return premium, and give or receive notice of cancellation. F.This policy shall automatically renew for succeeding periods of one year each after the expiration of the policy period stated on the Information Page. Each renewal premium shall be paid to us within 20 days of the billing date on the renewal statement. G.This contract shall be considered made and entered into at and within the City and County of Denver, State of Colorado and all premiums due or to become due shall be payable at our office 7501 E Lowry Blvd Denver, CO 80230-7006. Effective Date: Policy #: 4220890 Phil Kalin, President and CEO 1/1/2022 DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648 7501 E. Lowry Blvd. Denver, CO 80230-7006 303.361.4000 / 800.873.7242 Pinnacol.com Kleen-Tech Acquisition LLC 7100 Broadway Suite 6L Denver, CO 80221 IMA, Inc 1705 17th Street Suite 100 Denver, CO 80202 (303) 534-4567 7501 E. Lowry Blvd Denver, CO 80230-7006 Page 1 of 1 P HUNOLDL - Underwriter 12/19/2019 11:59:27 4220890 55225257 359-B NCCI #: WC000313B Policy #: 4220890 ENDORSEMENT: Blanket Waiver of Subrogation Effective Date: Expires on: Pinnacol Assurance has issued this endorsement We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured, which is in effect and executed prior to any loss. 1/1/2022 1/1/2023 DocuSign Envelope ID: 1A048C76-6C57-40AA-B8D1-81690BDA6648