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HomeMy WebLinkAboutCONTRACT - RFP - 9905 SCBA EQUIPMENT SERVICING FOR PFAOfficial Purchasing Document Last updated 2/1/2023 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", as agent, on behalf of the POUDRE FIRE AUTHORITY, hereinafter referred to as the “PFA”, and MUNICIPAL EMERGENCY SERVICES, INC., a(n) Nevada Corporation, 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 four (4) pages and incorporated herein by this reference. 2.Contract Period . This Agreement shall commence upon execution by all parties, and shall continue in full force and effect until January 15, 2025, unless sooner terminated as herein provided. In addition, at the option of the City/PFA, 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. 3.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/PFA of such condition within ten (10) days from the onset of such condition. 4.Early Termination by City/PFA . Notwithstanding the time periods contained herein, the City/PFA 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. 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. 5.Notices . 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 Services Agreement 9905 SCBA Equipment Servicing for PFA Page 1 of 15 DocuSign Envelope ID: CDC4AC6A-8C27-44E2-AC3A-CB13DBB0FFD1 Official Purchasing Document Last updated 2/1/2023 addresses: Service Provider:PFA:Copy to: Municipal Emergency Services Inc. Attn: Ward Petrie PO Box 856892 Minneapolis, MN 55485-6892 wpetrie@mesfire.com Poudre Fire Authority Attn: Bob Root 102 Remington Street Fort Collins, CO 80524 Bob.root@poudre-fire.org City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com 6.City/PFA Representative . The City/PFA 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 for contract interpretations, change order, and other clarification or instruction shall be directed to the City Representative. The initial City Representative for this agreement is Chief Root and can be reached at Support_BC@poudre.fire.org or 970-219-2825. The Representative is subject to change by the City/PFA. 7.Compensation . The City/PFA 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 one (1) page and incorporated herein by this reference. Invoices shall be emailed to invoices@fcgov.com with a copy to the City/PFA Representative. 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/PFA 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/PFA pays invoices on Net 30 days from the date of the invoice. 8.Appropriation . To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City/PFA, 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/PFA shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 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/PFA 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 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/PFA, which shall Services Agreement 9905 SCBA Equipment Servicing for PFA Page 2 of 15 DocuSign Envelope ID: CDC4AC6A-8C27-44E2-AC3A-CB13DBB0FFD1 Official Purchasing Document Last updated 2/1/2023 not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City/PFA), 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/PFA, nor will it obligate the City/PFA 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/PFA 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/PFA 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/PFA. 12.Acceptance Not Waiver . The City/PFA’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 . a.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. b.Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City/PFA. c.Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City/PFA-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period, the longer of; i.) The original manufacturer’s warranty term; or ii.) beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City/PFA of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired, or replaced by Service Provider in a manner and at a time acceptable to City/PFA. 14.Default . Each and every term and condition hereof shall be deemed to be a material Services Agreement 9905 SCBA Equipment Servicing for PFA Page 3 of 15 DocuSign Envelope ID: CDC4AC6A-8C27-44E2-AC3A-CB13DBB0FFD1 Official Purchasing Document Last updated 2/1/2023 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 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/PFA, 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/PFA as an additional insured under this Agreement of the type and with the limits specified within Exhibit , 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/PFA. 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 Services Agreement 9905 SCBA Equipment Servicing for PFA Page 4 of 15 DocuSign Envelope ID: CDC4AC6A-8C27-44E2-AC3A-CB13DBB0FFD1 Official Purchasing Document Last updated 2/1/2023 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.Utilization by Other Agencies . The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for the City of Fort Collins in connection with the exercise of any rights hereunder, and neither party shall have any right or authority to assume or create any obligation or responsibility on behalf of the other. The other Agency shall be solely responsible for any debts, liabilities, damages, claims or expenses incurred in connection with any agreement established between them and the Service Provider. The City’s concurrence hereunder is subject to the Service Provider’s commitment that this authorization shall not have a negative impact on the work to be completed for the City. 20.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 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. 21.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. Services Agreement 9905 SCBA Equipment Servicing for PFA Page 5 of 15 DocuSign Envelope ID: CDC4AC6A-8C27-44E2-AC3A-CB13DBB0FFD1 Official Purchasing Document Last updated 2/1/2023 22.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. 23.Force Majeure . No Party hereto shall be considered in default in the performance of an obligation hereunder to the extent that performance of such obligation is delayed, hindered, or prevented by force majeure. Force majeure shall be any cause beyond the control of the defaulting Party which could not reasonably have been foreseen and guarded against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference by civil or military authorities, compliance with regulations or orders of military authorities, and acts of war (declared or undeclared), provided such cause could not have been reasonably foreseen and guarded against by the defaulting Party. Force majeure shall not include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. 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. 24.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, attached hereto, and incorporated herein by this reference. [Signature Page Follows] Services Agreement 9905 SCBA Equipment Servicing for PFA Page 6 of 15 DocuSign Envelope ID: CDC4AC6A-8C27-44E2-AC3A-CB13DBB0FFD1 Official Purchasing Document Last updated 2/1/2023 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: POUDRE FIRE AUTHORITY By: ________________________________ Derek Bergsten, Fire Chief Date: ______________________________ ATTEST: APPROVED AS TO FORM: MUNICIPAL EMERGENCY SERVICES, INC. By: Printed: Title: Date: Services Agreement 9905 SCBA Equipment Servicing for PFA Page 7 of 15 Ward Petrie SVP Finance 1/8/2024 Ward Petrie (Jan 8, 2024 12:09 EST) Ward Petrie DocuSign Envelope ID: CDC4AC6A-8C27-44E2-AC3A-CB13DBB0FFD1 Assistant City Attorney 1/23/2024 1/23/2024 Chief Deputy City Clerk Official Purchasing Document Last updated 2/1/2023 Services Agreement 9905 SCBA Equipment Servicing for PFA Page 8 of 15 DocuSign Envelope ID: CDC4AC6A-8C27-44E2-AC3A-CB13DBB0FFD1 Official Purchasing Document Last updated 2/1/2023 EXHIBIT A SCOPE OF SERVICES I.BACKGROUND & OBJECTIVE / OVERVIEW A.Objective The City of Fort Collins, on behalf of the Poudre Fire Authority (PFA), is engaging the Service Provider to inspect, test, rebuild and repair Self Contained Breathing Apparatus (SCBA) and associated equipment. B.Background The Poudre Fire Authority (PFA) was established in 1981 through an Intergovernmental Agreement between the City of Fort Collins, CO and the Poudre Valley Fire Protection District (PVFPD). This partnership enables the PFA to take a comprehensive approach to providing emergency services to the region. A five-person Board of Directors, composed of elected members from the PVFPD Board and the Fort Collins City Council, governs the PFA. Both the PVFPD Board and Fort Collins City Council appoint two members to serve on the PFA Board of Directors. The fifth member of the PFA Board is appointed by these four members and has historically been the Fort Collins City Manager. The PFA Board of Directors appoints and employs the Fire Chief. The PFA Fire Chief manages a $42 million operating and capital budget and oversees the work of 223 full-time staff and 30 volunteers responsible for providing fire protection and suppression, community risk reduction, emergency medical services, public education, administration and support services. SCBA equipment is a critical component to the work of PFA and ensuring this equipment is in optimal condition and ready for use at all times is essential to the health and safety of PFA firefighters and the community they serve. The PFA has the following equipment that would be subject to service by the awarded Service Provider. QTY Description 155 X3 SCBA packs 23 Fast attack packs (RIT bags) 450 Cylinders and valve assemblies (both 45 and 60 minute) for hydro testing and valve repair 210 Personnel for annual fit testing (PFA personnel plus select other government personnel as determined by PFA) 210 Facepieces for testing and repair as required. 230 Regulator– annual testing Please note that specific volume and types of equipment listed above may vary over the total term of the awarded Agreement. C.Utilization by Other Agencies The Poudre Fire Authority is a member of the Front Range Fire Consortium, which is made up of the nine largest fire departments in Northern Colorado and Southern Wyoming, and includes the following departments in addition to PFA: Services Agreement 9905 SCBA Equipment Servicing for PFA Page 9 of 15 DocuSign Envelope ID: CDC4AC6A-8C27-44E2-AC3A-CB13DBB0FFD1 Official Purchasing Document Last updated 2/1/2023 Boulder Fire Rescue Front Range Fire Rescue Greeley Fire Department Longmont Fire Rescue Loveland Fire Rescue Authority Mountainview Fire Protection Platte Valley Fire Protection District Wellington Fire Protection District Windsor-Severance Fire Protection District Any of the above referenced agencies may leverage this RFP process to contract with the Service Provider for similar services. The Service Provider will honor the pricing provided to the City/PFA’s for these agencies. However, nothing is this option for utilization by other agencies shall be deemed as authorization for any of the named agencies to act as an agent for the City/PFA in connection to this RFP and subsequent Agreement, and neither party shall have the right or authority to assume or create any obligation or responsibility on behalf of the other. The other agencies shall be solely responsible for any debts, liabilities, claims or expenses incurred in connection with any agreement/purchase established between them and the awarded Service Provider. B.SCOPE OF PROPOSAL A.Scope of Work The Services are expected to be performed by the Service Provider at their facility or service vehicle. Repairs may occasionally be conducted at the PFA service center, located at 3400 W Vine Bldg. B, Fort Collins, CO 80521. The Service Provider will work under the direction of the PFA Safety Officer / Support Division. The Service Provider shall provide the following services, which are detailed in the following sections: Routine repair of SCBA, including facepiece repair 24 Annual USAR fit tests P100 Fit Tests Annual functional testing of SCBA Facepiece fit testing of individuals Cylinder hydrostatic testing and cylinder valve rebuild. 1.Routine Repair of SCBA including facepiece repair. Specific processes to be followed for service areas include: a.Repair of SCBA, including facepiece repair. The returned equipment will be logged into a database and a receipt will be given to the PFA Safety Officer. b.The entire SCBA will be inspected upon receipt by Service Provider. Repairs are conducted and the SCBA is then functionally tested using the proper diagnostic equipment and Scott software program. Upon successful completion of the repair and functional test, the SCBA is returned to PFA. Services Agreement 9905 SCBA Equipment Servicing for PFA Page 10 of 15 DocuSign Envelope ID: CDC4AC6A-8C27-44E2-AC3A-CB13DBB0FFD1 Official Purchasing Document Last updated 2/1/2023 c. Facepieces are inspected and repaired as required. A separate computerized database is to be established to track the individual facepieces. Upon completion, all repaired equipment is returned to PFA and a receipt given. Repairs to facepieces should take less than 48 hours after receipt. d. USAR - PFA has 24 members that belong to a regional Urban Search and Rescue Team. These individuals will need an additional fit test for their USAR assigned masks. e. P-100 PFA firefighters are assigned p100 half face pieces. Annual fit tests for these half face pieces will need to be completed. Typically, the Scott masks and P100 fit tests are completed at the same time. 2. Annual Functional Testing of SCBA . The Service Provider will provide functional testing based upon the ability to obtain SCBA at a time that is mutually agreed upon. Upon delivery of the SCBA to the PFA service center, the Service Provider will receive the equipment, conduct the annual functional testing using the proper diagnostic equipment system, record the results, and return the SCBA to PFA. 3. Facepiece fit testing of individuals . Facepiece fit testing of PFA personnel will be required on an annual basis. The Service Provider will provide adequate staffing to conduct facepiece fit testing of individuals at locations specified by the PFA using the proper testing device. Persons successfully completing the facepiece fit test will be recorded into a master database with a “passing” status. Persons not successfully completing testing requiring alternate sized facepieces will be issued a replacement facepiece from the PFA inventory at the time of testing. Information pertaining to such change in facepiece size will be recorded and updated in the City/PFA’s Scott software database. 4. Cylinder hydrostatic testing and cylinder valve rebuild. a. Cylinders requiring hydrostatic testing will be designated by PFA personnel at the time of cylinder refilling operations. PFA will advise the Service Provider of the number of cylinders that are due for hydrostatic testing on a monthly basis. Cylinder and valve assemblies requiring testing will be racked at the PFA service center for pick up to be tested. The assembly will be received and logged. The cylinder will be drained of compressed air, and the cylinder valve removed. The cylinder will be visually inspected both internally and externally as well as hydrostatically tested in accordance with prescribed US Department of Transportation (US DOT) procedures as described in 49 CFR of the appropriate Cylinder Exemption Certificates issued by US DOT. Upon successful completion of hydrostatic testing, a new cylinder valve will be installed into the cylinder as required, and the assembly returned to PFA for filling. The cylinder will be checked for leakage. Should leakage be detected, the cylinder will be drained of compressed air, and the cylinder valve repaired, rebuilt, or replaced with another rebuilt cylinder valve and the filling and leak test process shall be repeated. Upon successful completion of cylinder valve leak testing, the cylinder and valve assembly will be returned to PFA and logged out of the service center database. b. Cylinder valve rebuilds will consist of replacing the valve seat, o’rings, and back- up rings. All other cylinder valve components will be inspected and cleaned. Components exhibiting excessive wear or damage will be discarded and replaced with new components. All other components will be re-used. Services Agreement 9905 SCBA Equipment Servicing for PFA Page 11 of 15 DocuSign Envelope ID: CDC4AC6A-8C27-44E2-AC3A-CB13DBB0FFD1 Official Purchasing Document Last updated 2/1/2023 B.Quality Control All technicians assigned to repair Scott products will be certified Scott Technicians. Training will encompass the inspection, repair, and testing of the SCBA and each technician candidate must be able to demonstrate a basic understanding of unit function, repair, and test procedures. 1.All technicians must recertify at two-year intervals. The recertification is conducted to ensure regular service, repair, and SCBA testing skills are maintained. 2.Upon receipt at the PFA service center, and prior to any service work performed, all products and equipment will be visually inspected. This is to ensure that all deficiencies are identified and corrected whether or not such deficiencies are stated on the receiving forms. 3.Upon the repair and installation of replacement parts, the entire SCBA inventory is again visually inspected, and air applied to the system to determine proper function and if leakage is present. If SCBA equipment is not functioning properly or if leakage is detected, it will be corrected before the SCBA is moved to the next repair station for functional testing. 4.All SCBA will be functionally tested on the proper diagnostic testing device to ensure the SCBA continues to operate within original manufacturing specifications. 5.All SCBA returned for repair will have as part of the normal record keeping process, all parts identified which were used in the repair of the SCBA. Such identification will be maintained in the same form as the functional test results record. 6.PFA has an inventory of parts that should be utilized first, if applicable, prior to purchasing a part, in order to perform any required service work. The Service Provider will maintain an inventory of parts to adequately perform the service work. At the City’s and/or PFA’s option, additional non-warranty repair parts that are not available in the existing PFA inventory may be purchased directly from the Service Provider at the currently published price list, less a defined percentage discount set forth in Exhibit B. Such purchases will be invoiced separately as they occur. Services Agreement 9905 SCBA Equipment Servicing for PFA Page 12 of 15 DocuSign Envelope ID: CDC4AC6A-8C27-44E2-AC3A-CB13DBB0FFD1 Official Purchasing Document Last updated 2/1/2023 EXHIBIT B BID SCHEDULE/ COMPENSATION 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. Miscellaneous Service Provider estimates approximately 80 hours for the flow tests and approximately 80 hours for the face piece fit tests. Day to day repairs vary based on the scale of the repair and if the repair requires a functional test. Service Provider will provide the PFA with a 5% discount off list price. Invoicing and Payment Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Service Provider each month following the submittal of a correct invoice by the Service Provider indicating the project name, Purchase Order number, task description, cost per task or hourly rate for labor, and date of the work performed specific to the task. Payments will be made using the prices stated above. In the event a service is requested which is not stated in the Agreement, the Service Provider and the City/PFA will negotiate an appropriate unit price for the service prior to the Service Provider initiating such work. The City/PFA pays invoices on Net 30 terms. Services Agreement 9905 SCBA Equipment Servicing for PFA Page 13 of 15 DocuSign Envelope ID: CDC4AC6A-8C27-44E2-AC3A-CB13DBB0FFD1 Official Purchasing Document Last updated 2/1/2023 EXHIBIT C INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City and/or PFA, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City/PFA 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/PFA, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City/PFA 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 Poudre Fire Authority Purchasing Division AND 102 Remington Street PO Box 580 Fort Collins, CO 80524 Fort Collins, CO 80522 The City and PFA, 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/subconsultant, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor/subconsultant, which liability is not covered by the subcontractor/subconsultant insurance. Services Agreement 9905 SCBA Equipment Servicing for PFA Page 14 of 15 DocuSign Envelope ID: CDC4AC6A-8C27-44E2-AC3A-CB13DBB0FFD1 Official Purchasing Document Last updated 2/1/2023 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) and Poudre Fire Authority (the “PFA”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City/PFA 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/PFA 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/PFA may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City/PFA, or that relates to the business of the City/PFA, or that is used by the City/PFA 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/PFA). 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/PFA. 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/PFA. 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/PFA in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City/PFA, or the City/PFA so requests for any reason, the Service Provider shall promptly return to the City/PFA 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/PFA’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City/PFA 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. Services Agreement 9905 SCBA Equipment Servicing for PFA Page 15 of 15 DocuSign Envelope ID: CDC4AC6A-8C27-44E2-AC3A-CB13DBB0FFD1 Fort Collins Service Agreement-Final Final Audit Report 2024-01-08 Created:2024-01-08 By:Pat boccio (pboccio@mesfire.com) Status:Signed Transaction ID:CBJCHBCAABAAJ1p0g2FrrF-F48Gm8Ra6qeE1bC5wzbEr "Fort Collins Service Agreement-Final" History Document created by Pat boccio (pboccio@mesfire.com) 2024-01-08 - 4:25:46 PM GMT Document emailed to Ward Petrie (wpetrie@mesfire.com) for signature 2024-01-08 - 4:25:51 PM GMT Email viewed by Ward Petrie (wpetrie@mesfire.com) 2024-01-08 - 5:09:36 PM GMT Document e-signed by Ward Petrie (wpetrie@mesfire.com) Signature Date: 2024-01-08 - 5:09:49 PM GMT - Time Source: server Agreement completed. 2024-01-08 - 5:09:49 PM GMT DocuSign Envelope ID: CDC4AC6A-8C27-44E2-AC3A-CB13DBB0FFD1 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE Lockton Companies 76 Batterson Park Road Farmington CT 06032 860-678-4000 Municipal Emergency Services, Inc. P.O. Box 656 Southbury CT 06488 Chubb Indemnity Insurance Company 12777 Federal Insurance Company 20281 Great Northern Insurance Company 20303 --- SEE ATTACHMENT --- Lloyds Syndicates 2623/623 X X 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 X 2,000,000 XXXXXXX XXXXXXX XXXXXXX XXXXXXX X X X 10,000 25,000,000 25,000,000 XXXXXXX N X 1,000,000 1,000,000 1,000,000 Cyber Pol. Agg.: $2.5MM Ret: $50,000 D 7362-62-23 12/29/2023 12/29/2024 A 3606-94-94 12/29/2023 12/29/2024 E W311DE230301 12/29/2023 12/29/2024 B See Attached 12/29/2023 12/29/2024 C 7175-51-73 12/29/2023 12/29/2024 12/29/2024 1372711 Y N Y N N N N 12/27/2023 N N 14114656 14114656 XXXXXXX City of Fort Collins Purchasing Division PO Box 580 Fort Collins CO 80522 The City and PFA, its officers, agents and employees are included as an Additional Insured with respect to General Liability and Auto Liability as required by written contract. X X See Attachments DocuSign Envelope ID: CDC4AC6A-8C27-44E2-AC3A-CB13DBB0FFD1 Client Name: Municipal Emergency Services, Inc. Excess Liability Tower Policy Carrier Policy Term Policy #Coverage Limits Lead Umbrella 5x1 Markel Insurance Company 12/29/2023– 12/29/2024 MKLM6MM70000843 Each Occurrence General Aggregate $5,000,000 $5,000,000 Excess Liability 1 5x5 Endurance American Specialty Inn Co 12/29/2023 – 12/29/2024 ELD30014673102 Each Occurrence General Aggregate $5,000,000 $5,000,000 Excess Liability 2 5x10 Westfield Specialty Insurance Company 12/29/2023 – 12/29/2024 XSL-285713H-01 Each Occurrence General Aggregate $5,000,000 $5,000,000 Excess Liability 3 10x15 Federal Insurance Company 12/29/2023– 12/29/2024 7819-54-60 Each Occurrence General Aggregate $10,000,000 $10,000,000 Attachment Code: D602274 Master ID: 1372711, Certificate ID: 14114656 DocuSign Envelope ID: CDC4AC6A-8C27-44E2-AC3A-CB13DBB0FFD1 City of Fort CollinsPurchasing Division PO Box 580 Fort CollinsCO80522 Dear Municipal Emergency Services, Inc. certificate holder: In an effort to meet demand for instant electronic delivery of certificates, Lockton Companies now provides paperless delivery of Certificates of Insurance. Thank you for your patience and willingness to help us lessen our environmental footprint. To fulfill your certificate delivery, we need your email address. Please contact us via one of the methods below with your Holder ID number, email address, and phone number in the event we have any questions. Your Holder ID number is 14114656. Email: meslawmencertrequests@lockton.com If this certificate is no longer needed or valid, please notify us. Thank you, Lockton Companies Lockton Companies Three CityPlace Dr, Suite 900 / St. Louis, MO 63141-7088 314-432-0500 / FAX: 314-812-3299 lockton.com Attachment Code: D639005 Master ID: 1372711, Certificate ID: 14114656 DocuSign Envelope ID: CDC4AC6A-8C27-44E2-AC3A-CB13DBB0FFD1