The URL can be used to link to this page

Home My WebLink AboutRFP - 9939 Janitorial Services for PFARFP 9939 Janitorial Services for PFA Page 1 of 42 REQUEST FOR PROPOSAL 9939 JANITORIAL SERVICES FOR PFA RFP DUE: 3:00 PM MT (Mountain Time), MARCH 1, 2024 The City of Fort Collins, on behalf of the Poudre Fire Authority (PFA) is requesting proposals from qualified Service Providers to provide janitorial services for PFA administrative facilities. As part of the City’s commitment to sustainability , proposals must be submitted online through the Rocky Mountain E -Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city- of -fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by RMEPS. All questions should be submitted, in writing via email, to Beth Diven, Buyer II at bdiven@fcgov.com, no later than 3:00 PM MT on February 20, 2024. Please format your e- mail to include: RFP 9939 Janitorial Services for PFA in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by BidNet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city -of -fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 910-39 Janitorial/Custodial Services 958-63 Janitorial Management Services Prohibition of Unlawful Discrimination: The City of Fort Collins, 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, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not 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. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 9939 Janitorial Services for PFA Page 2 of 42 The City requires its Service Providers 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 Service Providers and their subcontractors/subconsultants at every tier. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may redact text and/or data that it deems confidential or proprietary pursuant to CORA . All pricing will be c onsidered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets, confidential commercial information and financial data information may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information. Service Providers Registration: The City requires new Service Providers/ Professionals receiving awards from the City to submit IRS form W-9 and requires all Service Providers/ Professionals to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award 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. RFP 9939 Janitorial Services for PFA Page 3 of 42 The selected Service Provider shall be required to sign the City’s Agreement prior to commencing services (see sample attached to this document). Sincerely, Gerry Paul Purchasing Director RFP 9939 Janitorial Services for PFA Page 4 of 42 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins, on behalf of the Poudre Fire Authority (PFA), is requesting proposals from qualified Service Providers to provide janitorial services for PFA administrative facilities. PFA has two administrative facilities that require janitorial services as follows: • Administration Building, 102 Remington Street, Fort Collins • Training Center, 3400 W. Vine Drive, Fort Collins The awarded Service Provider will be expected to enter into a one-year Services Agreement, that may be renewed for up to four (4) additional one-year terms. 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. 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: • 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 RFP 9939 Janitorial Services for PFA Page 5 of 42 awarded Service Provider for similar services. The awarded Service Provider will honor the pricing provided to the City/PFA for these agencies. However, nothing in 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. II. SCOPE OF PROPOSAL A. QUALITY SPECIFICATIONS The Service Provider shall ensure that the facilities, fixtures, floor surfaces, and furnishings of the PFA shall be continually maintained in a state of high-quality cleanliness. The Service Provider shall achieve the following Quality Specifications: 1. Cleanliness Specifications The PFA 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 . Beyond this collective rating, each building has its own special information and cleaning schedule, as specified in the Supplemental Information. 2. 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. RFP 9939 Janitorial Services for PFA Page 6 of 42 3. 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. 4. Response Specification The Service Provider shall respond to all problems presented to it by the PFA staff. This response shall conform to the following schedule: Emergency - on the scene within thirty (30) minutes Required - completed within eight (8) hours Planned - provide a clear schedule within one (1) working day ALL Service Provider responses to customer requests must satisfy this requirement. 5. Continuous Improvement Specification The Service Provider must demonstrate an effective continuous improvement program for cleaning and key item problems through an ongoing system improvement and modification process to prevent complaints and cleaning failure. B. SCOPE OF WORK 1. ADMINISTRATION BUILDING - COMMUNITY SAFETY SERVICES – 1ST FLOOR Cleaning services are to be completed by 7:00 a.m. on Mondays, Wednesdays, and Fridays. All items to be done each time, unless otherwise noted. The Service Provider is to negotiate any Holiday Schedules in advance with the designated PFA representative. Main Entry a. 3 times weekly • Vacuum b. Twice weekly • Door glass cleaning to main western entry on Remington Ave Reception a. Every cleaning • Empty all recycle • Empty all trash – reline as necessary b. Twice weekly • Clean door glass and frames c. 3 times weekly • Vacuum all carpet • Dust all sills and ledges d. As necessary • High dust, vent and cobweb detail RFP 9939 Janitorial Services for PFA Page 7 of 42 Offices a. Twice weekly • Empty recycle • Empty all trash– replace can liners as needed b. 3 times weekly • Vacuum all carpet c. Monthly • Clean chair bases • Clean chair mats d. As necessary • High dust, vent and cobweb detail Conference Rooms a. Each cleaning • Clean tables • Empty all recycle • Empty all trash – replace can liners as necessary b. 3 times weekly • Vacuum all carpet c. Monthly • Clean chair bases d. As necessary • High dust, vent and cobweb detail Copy Rooms a. Each cleaning • Vacuum all carpet • Empty all recycle • Empty all trash b. Twice weekly • Dust all sills, ledges, and surfaces c. As necessary • High dust, vent and cobweb detail Break Rooms a. Each cleaning • Sweep and mop floors • Clean empty sinks, counters, and adjacent walls • Clean microwave and refrigerator – outside only • Empty all recycle • Empty all trash – replace can liners as necessary • Restock towels – as necessary b. As necessary • High dust, vent and cobweb detail RFP 9939 Janitorial Services for PFA Page 8 of 42 Hallways a. Each cleaning • Dust all sills and ledges-weekly • Empty all recycle-each cleaning • Vacuum all carpet b. As necessary • Empty all trash – replace can liners as necessary • High dust, vent and cobweb detail Bathrooms (4) a. Each cleaning • Clean, sanitize, and deodorize: sinks, mirrors, counters, fixtures, dispensers, doors, toilets, urinals, dividers, showers, walls, and baseboards • Empty and sanitize sanitary napkin dispensers • Sweep and mop, clean toilet bases, and wipe down corners • Empty all trash - reline each cleaning b. As necessary • Change urinal screens • Restock soap, paper towels and toilet paper • High dust, vent and cobweb detail Miscellaneous • Notify designated PFA representative of security concerns • Notify designated PFA representative of any facility maintenance needs • Notify designated PFA representative of any supply needs • Carpet cleaning - upon request - program and pricing to be determined • Window cleaning - upon request - inside only - program and pricing to be determined 2. ADMINISTRATION BUILDING 2ND FLOOR Cleaning services are to be completed by 7:00 a.m. on Mondays, Wednesdays, and Fridays. All items to be done each time, unless otherwise noted. The Service Provider is to negotiate any Holiday Schedules in advance with the designated PFA representative. Entries a. Each cleaning • Vacuum mat • Clean door glass and frames b. Weekly • Dust all sills, ledges, and surfaces c. As necessary • High dust, vent and cobweb detail Offices a. Each cleaning • Empty all recycle RFP 9939 Janitorial Services for PFA Page 9 of 42 • Empty all trash – replace can liners as needed • Vacuum all carpet • Dust window ledges and sills b. Monthly • Clean chair bases • Clean chair mats c. As necessary • High dust, vent and cobweb detail Conference Rooms a. Each cleaning • Clean tables • Empty all recycle • Empty all trash – replace can liners as necessary • Vacuum all carpet b. Monthly • Clean chair bases c. As necessary • High dust, vent and cobweb detail Copy Rooms a. Each cleaning • Vacuum all carpet • Empty all recycle • Empty all trash – replace can liners as necessary b. Twice weekly • Dust all sills, ledges, and surfaces c. As necessary • High dust, vent and cobweb detail Break Rooms a. Each cleaning • Sweep and mop floors • Clean empty sinks, counters, and adjacent walls • Clean microwave and refrigerator – outside only • Empty all recycle • Empty all trash – replace can liners as necessary • Restock towels – as necessary b. As necessary • High dust, vent and cobweb detail Bathrooms (4) a. Each cleaning • Clean, sanitize, and deodorize: sinks, mirrors, counters, fixtures, dispensers, doors, toilets, urinals, dividers, showers, walls, and baseboards • Empty and sanitize sanitary napkin dispensers RFP 9939 Janitorial Services for PFA Page 10 of 42 • Sweep and mop, clean toilet bases, and wipe down corners • Empty all trash - reline each cleaning b. As necessary • Change urinal screens • Restock soap, paper towels and toilet paper • High dust, vent and cobweb detail 3. ADMINISTRATION BUILDING 3RD FLOOR Cleaning services are to be completed by 7:00 a.m. on Mondays, Wednesdays, and Fridays. All items to be done each time, unless otherwise noted. The Service Provider is to negotiate any Holiday Schedules in advance with the designated PFA representative. Exercise Room a. Monthly • Sweep and mop floors • Wipe machines b. As necessary • Empty all trash – replace can liners as necessary • High dust, vent and cobweb detail Hallways a. Each cleaning • Dust all sills and ledges-weekly • Empty all recycle-each cleaning • Vacuum all carpet b. As necessary • Empty all trash – replace can liners as necessary • High dust, vent and cobweb detail Stairways a. Weekly • Sweep and mop steps • Dust stair ledges b. As necessary • High dust, vent and cobweb detail Bathrooms (2) a. Each cleaning • Clean, sanitize, and deodorize sinks, mirrors, counters, fixtures, dispensers, doors, toilets, urinals, dividers, showers, walls, and baseboards • Empty and sanitize sanitary napkin dispensers • Sweep and mop, clean toilet bases, and wipe down corners • Empty all trash - reline each cleaning b. As necessary • Change urinal screens • Restock soap, paper towels and toilet paper RFP 9939 Janitorial Services for PFA Page 11 of 42 • High dust, vent and cobweb detail 4. ADMINISTRATION BUILDING MISCELLANEOUS • Change out waterless urinal filters – every 3 months • Notify designated PFA representative of security concerns • Notify designated PFA representative of any facility maintenance needs • Notify designated PFA representative of any supply needs • Carpet cleaning - upon request - program and pricing to be determined • Window cleaning - upon request - inside only - program and pricing to be determined 5. TRAINING CENTER - 3400 W VINE DRIVE Cleaning services are to be completed by 7:00 a.m. on Mondays, Tuesdays, and Thursdays unless the Service Provider is notified otherwise. The Service Provider is to negotiate any Holiday Schedules in advance with the designated PFA representative. MAIN BUILDING A Mail Room a. Each cleaning • Sweep and mop floors • Empty all recycle • Empty all trash – reline as necessary b. As necessary • High dust, vent and cobweb detail Hallways a. Each cleaning • Sweep and mop floors • Empty all recycle • Empty all trash – reline as necessary b. As necessary • High dust, vent and cobweb detail Offices downstairs (5) a. Each cleaning • Empty all recycle • Empty all trash – reline as necessary • Vacuum all carpet – weekly b. As necessary • High dust, vent and cobweb detail Office upstairs (1) a. Each cleaning • Empty all recycle • Empty all trash – reline as necessary RFP 9939 Janitorial Services for PFA Page 12 of 42 • Vacuum all carpet • As necessary • Vacuum all carpet b. As necessary • High dust, vent and cobweb detail Conference Room a. Each Cleaning • Empty all recycle • Empty all trash– reline as necessary • Clean table b. As necessary • High dust, vent and cobweb detail Break Room a. Each cleaning • Sweep and mop floors • Clean tables • Clean empty sinks, counters, and adjacent walls • Clean microwave and refrigerator • Empty all recycle • Empty all trash – replace can liners as necessary b. As necessary • Restock towels • High dust, v ent and cobweb detail Classrooms (3) a. Each cleaning • Empty all recycle • Empty all trash – reline as necessary • Vacuum all carpet • Sweep and mop floors b. As necessary • High dust, vent and cobweb detail Bay Area a. Each cleaning • Empty all recycle • Empty all trash – reline as necessary Living Quarters a. Each cleaning – except during Academy • Sweep and mop floors • Clean sink and counter • Empty all recycle • Empty all trash – reline as necessary RFP 9939 Janitorial Services for PFA Page 13 of 42 Downstairs Bathrooms (2) – Each Time a. Each cleaning • Clean, sanitize, and deodorize: sinks, mirrors, counters, fixtures, dispensers, doors, toilets, urinals, dividers, showers, walls, and baseboards • Empty and sanitize sanitary napkin dispensers • Sweep and mop, clean toilet bases, and wipe down corners • Empty all trash - reline each cleaning b. As necessary • Change urinal screens • Restock soap, paper towels and toilet paper • High dust, vent and cobweb detail Upstairs Bathrooms (2) a. Each cleaning • Clean, sanitize, and deodorize: sinks, mirrors, counters, fixtures, dispensers, doors, toilets, urinals, dividers, showers, walls, and baseboards • Empty and sanitize sanitary napkin dispensers • Sweep and mop, clean toilet bases, and wipe down corners • Empty all trash - reline each cleaning b. As necessary • Change urinal screens • Restock soap, paper towels and toilet paper • High dust, vent and cobweb detail BUILDING B Offices (5) a. Each cleaning • Empty all recycle • Empty all trash – reline as necessary • Vacuum all carpet b. As necessary • High dust, vent and cobweb detail Classroom (1) a. Each cleaning • Empty all recycle • Empty all trash – reline as necessary • Vacuum all carpet b. As necessary • High dust, vent and cobweb detail Mail Room a. Each cleaning • Sweep and mop floors • Empty all recycle • Empty all trash – reline as necessary RFP 9939 Janitorial Services for PFA Page 14 of 42 b. As necessary • High dust, vent and cobweb detail Hallways a. Each cleaning • Vacuum all carpet • Empty all recycle • Empty all trash – reline as necessary b. As necessary • High dust, vent and cobweb detail Kitchenette a. Each cleaning • Sweep and mop floor • Empty all recycle • Empty all trash – reline as necessary b. As necessary • High dust, vent and cobweb detail Bathrooms (2) a. Each cleaning • Clean, sanitize, and deodorize: sinks, mirrors, counters, fixtures, dispensers, doors, toilets, urinals, dividers, showers, walls, and baseboards • Empty and sanitize sanitary napkin dispensers • Sweep and mop, clean toilet bases, and wipe down corners • Empty all trash - reline each cleaning b. As necessary • Change urinal screens • Restock soap, paper towels and toilet paper • High dust, vent and cobweb detail Miscellaneous • Notify designated PFA representative of security concerns • Notify designated PFA representative of any facility maintenance needs • Notify designated PFA representative of any supply needs • Carpet cleaning - upon request - program and pricing to be determined • Window cleaning - upon request - inside only - program and pricing to be determined C. Supplies, Materials and Equipment 1. Cleaning Supplies and Paper Products The PFA shall supply the Service Provider with all cleaning chemicals, restroom supplies, and paper products requisite for performing the Scope Work. The Service Provider shall provide a monthly inventory to the PFA 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 PFA Representative. RFP 9939 Janitorial Services for PFA Page 15 of 42 2. Reimbursable Supplies The PFA may elect, by amending the Agreement, to require the Service Provider to furnish supplies on a reimbursable basis at cost plus a mutually agreed upon mark- up. In this event, the PFA retains the right to participate fully in any discount arrangements the Service Provider may have with suppliers of these products. 3. Cleaning Equipment and Related Supplies 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 w ork involved, shall be furnished by the Service Provider . 4. Trash Can Liners The Service Provider shall furnish bags/ liners for all trash receptacles where appropriate. 5. Personal Safety Equipment The Service Provider shall provide its employees with any necessary safety equipment and Personnel Protective Equipment (PPE). 6. Uniforms The Service Provider shall provide shirts with company insignia subject to approval by the PFA. Company shirts and PFA 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. 7. PFA Observation The PFA 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, its agents, subcontractors, and employees. 8. Removal and Ownership In the event of termination or contract expiration, all restroom supplies, cleaning chemicals and paper products shall remain the property of the PFA. D. 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 PFA 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. All employees of the Service Provider will be required to adhere to PFA Security, Fire and Safety Regulations for Service Provider employees. Service Provider agrees that it will, upon notice from the PFA, remove any supervisor or employee who is, for any reason, unsatisfactory to the PFA, and replace him/her with an employee satisfactory to the PFA. RFP 9939 Janitorial Services for PFA Page 16 of 42 The Service Provider shall not represent that it and its employees are either agents or employees of the PFA. 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 (buildings) prior to performing the cleaning duties. A copy of the supervisor’s training record must be maintained and provided to the PFA upon request. Every new employee must receive OSHA’s Hazardous Communication Program training using an established program, prior to working in any PFA building. The Service Provider agrees that only assigned personnel will be permitted on the PFA 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 PFA. The Service Provider employees shall schedule all routine, project, and other work in such a way as not to interfere with regularly scheduled PFA activities and within the time constraints specified by the PFA. E. Building Security & integrity 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 PFA 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. F. Additional PFA Supplied Items 1. Utilities The PFA will provide, at no cost to the Service Provider, electricity and water utilities. 2. Storage Space Custodial closets are located in the PFA facilities for the storage of supplies, materials and equipment. G. Service Provider Operational Requirements 1. Key Control The Service Provider shall establish and implement adequate methods of ensuring that all key fobs issued to the Service Provider by the PFA are not lost or misplaced and are not used by unauthorized person. They shall not be marked with identifying building name. No key fobs issued to the Service Provider shall be duplicated. Fobs will be issued in the name of the Service Provider ’s custodians. PFA Representative shall 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 will be furnished by the PFA. All lost access fobs and keys must be reported immediately to the PFA Representative. Fobs will be canceled in the system. There is a $30 per fob fee for replacement of lost fobs. All lost fobs will be replaced RFP 9939 Janitorial Services for PFA Page 17 of 42 by the PFA, not by the Service Provider. Furthermore, if fobs are lost or duplicated by the Service Provider and, in the opinion of the PFA, 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 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. 2. 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 PFA at the Administration Building at 102 Remington Street. 3. 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 PFA in conjunction with the Service Provider ’s monthly service invoice to confirm actual labor cost on invoices submitted, and in any event, shall comply with the PFA’s requirement for auditing Service Provider labor hours. 4. Problem Identification All supervisors will be responsible to call and leave a report for the PFA 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. If the problem is critical in nature and requires immediate action, they shall call Murray Anduss at (970) 416-2086 immediately. 5. 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 PFA 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 PFA’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 PFA 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 PFA. The Service Provider shall not enter into any agreement or take any action which may interf ere with the rights of the PFA as noted under this contract, or compromise with PFA’s ability to serve the needs of its physical plant, occupants, employees, management, or customers. RFP 9939 Janitorial Services for PFA Page 18 of 42 6. Safety and Health The Service Provider must promptly report to the PFA cases of death, occupational disease and injury occurring PFA’s site or related to the services. 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. 7. Relief Personnel The Service Provider shall employ an adequate number 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 PFA, 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 PFA. 8. Soliciting All soliciting is prohibited on the PFA premises by Service Provider employees. Service Provider shall inform its employees of this policy prior to their beginning work under the contract. 9. Access to PFA 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 pursuant to Section 8-17.5-101, C.R.S., which is further described in Section 20 of the attached Sample Services Agreement (Section VI). An appointment must be made by the Service Provider with Operations Services, City of Fort Collins, 970-221-6610, for a PFA picture ID. The Service Provider must bring a copy of the CBI report for PFA records. The PFA 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 • 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 or PFA; • Is determined to be a threat to the safety of persons or property or to the confidentiality of City/PFA information. PFA shall provide the Service Provider with a picture identification tag for all persons given clearance. Such identification tags shall be displayed, in an easily seen manner, RFP 9939 Janitorial Services for PFA Page 19 of 42 on all employees while working in PFA buildings. Identification tags and access fobs shall immediately be returned to the PFA Representative when the employee no longer works for the Service Provider in PFA Buildings. Any Service Provider employee without a properly displayed identification card is subject to immediate eviction from the PFA Building. The Service Provider shall provide the PFA 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 PFA of all personnel changes. H. Deductions, Adjustments and Damages The PFA shall have the right to assess damages for breach of the Service Provider’s obligations. The exercise of its rights shall not preclude the PFA’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 PFA. 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 PFA 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 PFA. - The Service Provider shall be held accountable and liable to the PFA for any damages to the PFA facilities, fixtures, furnishings, equipment, grounds, or personal injury to PFA 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 PFA equipment, materials, supplies or other property shall be deducted, at the discretion of the PFA. - The value of labor hours warranted, but not worked, regardless of reason. In addition to the above, the PFA shall have the right to withhold monies as a credit from any monthly payments, otherwise due to the Service Provider, as may be deemed necessary to protect the PFA against failure or delay in performance by the Service Provider of its obligations, without revoking or terminating the contract. I. Anticipated Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: February 9, 20224 • Question deadline: 3:00 PM MT on February 20, 2024 • Final Addendum Issued: February 23, 2024 • Proposal due date: 3:00 PM MT on March 1, 2024 • Interviews (tentative): Mid March 2024 • Award of Contract (tentative): Mid March 2024 • Contract Start Date: April 1, 2024 RFP 9939 Janitorial Services for PFA Page 20 of 42 J. Interviews In addition to submitting a written proposal, the top-rated Service Providers may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company , approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. Instead of traditional in-person interviews for the optional interview session, the City may opt to use alternate methods including, but not limited to remote interviews through a platform such as Microsoft Teams or Zoom. K. Subcontractors/Subconsultants Service Provider will be responsible for identifying any subcontractors and/or subconsultants in their proposal. Please note that the City will contract solely with the awarded Service Provider; therefore, subcontractors and/or subconsultants will be the responsibility of the Service Provider. L. Fees, Licenses, Permits The successful Service Provider shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All vehicles and equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. M. Laws and Regulations The Service Provider agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances to include American Disabilities Act (ADA). N. 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, hours worked, personnel/work type category, hourly rate for each employee/work type category, and date of the work performed specific to the task. Payments will be made using the prices stated in the Agreement. In the event a service is requested which is not stated in the Agreement, the Service Provider and the City will negotiate an appropriate unit price for the service prior to the Service Provider initiating such work. The City pays invoices on Net 30 terms. III. PROPOSAL SUBMITTAL Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Acknowlegement form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed pricing. Links to other files or websites shall not be permitted. Proposals that do not conform to these requirements may be rejected. RFP 9939 Janitorial Services for PFA Page 21 of 42 Service Providers are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Service Providers propose to provide and shall be incorporated in the contract award as deemed appropriate by the City . A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Service Providers include each of the City’s questions with their response. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Service Provider Information 1. Describe the Service Provider’s business and background 2. Number of years in the business 3. Details about ownership 4. An overview of services offered and qualifications 5. Size of the firm 6. Location(s) of offices. If multiple, please identify which will be the primary for our account. 7. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). C. Scope of Proposal 1. Completed Attachment 1 – Staffing Commitment 2. Completed Attachment 2 - Safety Data Sheet. 3. Provide a detailed narrative how the conformance with the Scope of Work will be achieved if awarded the contract. The narrative should include any options that may be beneficial for the City to consider. 4. Describe the methods and timeline of communication your firm will use with the PFA’s Project Manager and other parties. 5. Identify what portion of work, if any, may be subcontracted. D. Firm Capability and Assigned Personnel Provide relevant information regarding previous experience related to this or similar projects, to include the following: 1. Completed Attachment 3 – Service Provider Training Programs RFP 9939 Janitorial Services for PFA Page 22 of 42 2. References. Provide a minimum of three similar projects with public agencies in the last 5 years that have involved the staff and subcontractors/subconsultants proposed to work on this project. Include the owner’s name, contact name, email and phone number, and a brief description of the work . The Service Provider authorizes the City to verify any and all information contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information provided. 3. Provide any information that distinguishes Service Provider from its competition and any additional information applicable to this RFP that might be valuable in assessing Service Provider’s proposal. E. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe your organization’s commitment to sustainability and supporting values. Each element of the TBL sustainability criteria will receive equal consideration in determining the final Sustainability/TBL score. 1. Address how your firm strives to incorporate all three aspects (social, environmental, and economic) of Triple Bottom Line (TBL) sustainable practices into the workplace. Provide examples along with any metrics used to measure success within your firm. 2. Also provide examples of how your firm has incorporated all three aspects of TBL sustainable practices in previous similar projects on which your firm has been the prime Service Provider. Some examples are provided below: a. Environmental – Experience delivering projects / programs focused on environmental health priorities in the areas of climate resiliency, water quality and watershed protection, regulatory performance, management systems, air quality, renewable energy, sustainable building and design, construction materials management, and solid waste reduction. b. Economic – Experience working and delivering projects with an emphasis on strategic financial planning, job creation, business development, asset management, various project delivery methods, value engineering, regional partnerships, transparency, stakeholder engagement, strategic investments, aging infrastructure, repurposing of existing facilities, and competing financial priorities. c. Social - Experience working and delivering projects, programs, and/or initiatives that support Equity, Diversity, and Inclusion throughout your firm’s workplace, including leadership, and supply chain. Examples of this may be demonstration of working within cultural and language gaps, development of diversity programs, diverse project teams, equitable opportunity vendor supply chain, and how your firm has applied an equity lens to processes such as recruitment, hiring, purchasing, career pathways, salaries, and staff engagement. F. Cost In your response to this proposal, please provide the following: RFP 9939 Janitorial Services for PFA Page 23 of 42 1. Completed Attachment 4 - Pricing Schedule G. Sample Agreement Included with this request for proposals is a sample Agreement that the City intends to use for obtaining the services of the Service Provider. The Service Provider is required to review this Agreement and indicate any objections to the terms of the contract. If revisions to the contractual terms are requested, provide suggested revisions. H. Acknowledgement The Acknowledgement form is attached as Section V. Complete the attached form indicating the Service Provider hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that the Service Provider has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Service Providers will be evaluated on the following criteria. This set of criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Service Providers may be conducted. The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements, a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds minimum requirements in that category . WEIGHTING FACTOR CATEGORY STANDARD QUESTIONS 2.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 3.0 Firm Capability & Assigned Personnel Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project? Has the firm successfully completed previous projects of this type and scope? Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? RFP 9939 Janitorial Services for PFA Page 24 of 42 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day -to-day business operating processes and procedures? Does the firm demonstrate a commitment to all three aspects (social, environmental, and economic) of the Triple Bottom Line (TBL) methodology of sustainability for this project and in their company value system as evidenced by their day -to-day business operating processes, practices and procedures? 2.0 Cost Does the proposal include detailed cost break -down for each cost element as applicable and are the line-item costs competitive? Do the proposed cost and work hours compare favorably with the Project Manager's estimate? RFP 9939 Janitorial Services for PFA Page 25 of 42 V. ACKNOWLEDGEMENT Service Provider hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP 9939 Janitorial Services for PFA and sample Agreement except as otherwise noted. Additionally, Service Provider hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Service Provider’s knowledge and belief. b. Service Provider commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Service Provider further agrees that the method of award is acceptable. e. Service Provider also agrees to complete the proposed Agreement with the City of Fort Collins within 10 days of notice of award. If contract is not completed and signed within 10 days, City reserves the right to cancel and award to the next highest rated firm. f. Service Provider acknowledges receipt of addenda. g. Service Provider acknowledges no conflict of interest. h. Service Provider acknowledges that the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may redact text and/or data that it deems confidential or proprietary pursuant to CORA . All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets, confidential commercial information and financial data information may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: RFP 9939 Janitorial Services for PFA Page 26 of 42 Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. RFP 9939 Janitorial Services for PFA Page 27 of 42 Attachment 1 - Staffing Commitment Please indicate the hours recommended under your program to achieve the quality requirements as noted in the RFP. Record the direct minimum hours you are contractually committing, completing one form for each building. Then complete one form that shows the total hours nightly and weekly for proposed buildings. BUILDING PFA Administration Building, 102 Remington Street POSITION # FT # PT Nightly Hrs. Total Weekly Hrs. Manager Supervisor Lead Cleaner 1 Cleaner 2 Cleaner 3 Other (if Applicable) Totals BUILDING PFA Training Center, 304 W Vine, Building A POSITION # FT # PT Nightly Hrs. Total Weekly Hrs. Manager Supervisor Lead Cleaner 1 Cleaner 2 Cleaner 3 Other (if Applicable) Totals RFP 9939 Janitorial Services for PFA Page 28 of 42 BUILDING PFA Training Center, 304 W Vine, Building B POSITION # FT # PT Nightly Hrs. Total Weekly Hrs. Manager Supervisor Lead Cleaner 1 Cleaner 2 Cleaner 3 Other (if Applicable) Totals RFP 9939 Janitorial Services for PFA Page 29 of 42 Attachment 2 - Safety Data Please attach additional pages as needed to respond to the following: 1. List OSHA Recordable Incident Rate: 2. List OSHA Lost Days Away Rate: 3. Do you have a written safety program? Yes No Please attach a description of the site specific safety program you would put in place. 4. Do you conduct job safety inspections? Yes No Please attach a description. 5. Total employee hours worked last year: Hours 6. Do you hold site safety meetings? Yes No Please describe: Supervisors: Yes No Frequency per Employees: Yes No Frequency per New Hires: Yes No Frequency per 8. Do you have a written Hazard Communication program? Please attach a description. 9. Describe your employee orientation and ongoing safety training programs, including personal safety training such as lifting restrictions. RFP 9939 Janitorial Services for PFA Page 30 of 42 Attachment 3 - Service Provider Training Programs Training is considered a primary indicator of the Service Provider’s capability to meet the PFA’s Quality requirements. Describe, or attach a copy of, the following training programs: 1. The cleaning training program you have found to be successful. 2. The management training program(s) for site managers and assistant site managers. 3. Training provided to ensure professional behavior of on-site staff. RFP 9939 Janitorial Services for PFA Page 31 of 42 Attachment 4 – Pricing Schedule Building / Location Weekly Cleaning Freq. Cleanable Area (SQ FT) Total Monthly Pricing per Building Administration Building 3x 12,000 $ Training Center, Building A 3x 7,500 $ Training Center, Building B 3x 3,000 $ Totals 22,500 $ Official Purchasing Document Last updated 2/1/2023 RFP 9939 Janitorial Services for PFA Page 32 of 42 VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) 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 , a(n) [Enter State] 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 ( ) page and incorporated herein by this reference. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit , consisting of ( ) page,and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . 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. 4. Contract Period. This Agreement shall commence , 2023, and shall continue in full force and effect until , 2024, 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. 5. 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. Official Purchasing Document Last updated 2/1/2023 RFP 9939 Janitorial Services for PFA Page 33 of 42 6. 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. 7. 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 addresses: Service Provider: PFA: Copy to: Attn: Email Address Poudre Fire Authority Attn: 102 Remington Street Fort Collins, CO 80524 Email Address City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com 8. 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 [Enter Name] and can be reached at [Enter Email] or [Enter Phone]. The Representative is subject to change by the City/PFA. 9. 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 , consisting of ( ) 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. 10. 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- Official Purchasing Document Last updated 2/1/2023 RFP 9939 Janitorial Services for PFA Page 34 of 42 186, 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. 11. 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. 12. 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 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. 13. 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. 14. 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. 15. 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 t o 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 Official Purchasing Document Last updated 2/1/2023 RFP 9939 Janitorial Services for PFA Page 35 of 42 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. 16. 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. 17. 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. 18. 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. 19. 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 Official Purchasing Document Last updated 2/1/2023 RFP 9939 Janitorial Services for PFA Page 36 of 42 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. 20. 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. 21. Utilization by Other Agencies. [Optional] 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. 22. 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 pr ohibits 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. Official Purchasing Document Last updated 2/1/2023 RFP 9939 Janitorial Services for PFA Page 37 of 42 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 . 23. 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 Governm ental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 24. 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. 25. 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. 26. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of one (1) page, attached hereto, and incorporated herein by this reference. [Signature Page Follows] Official Purchasing Document Last updated 2/1/2023 RFP 9939 Janitorial Services for PFA Page 38 of 42 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: SERVICE PROVIDER By: Printed: Title: Date: Official Purchasing Document Last updated 2/1/2023 RFP 9939 Janitorial Services for PFA Page 39 of 42 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 2/1/2023 RFP 9939 Janitorial Services for PFA Page 40 of 42 EXHIBIT 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. Official Purchasing Document Last updated 2/1/2023 RFP 9939 Janitorial Services for PFA Page 41 of 42 EXHIBIT 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. G eneral 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. Official Purchasing Document Last updated 2/1/2023 RFP 9939 Janitorial Services for PFA Page 42 of 42 EXHIBIT 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.