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HomeMy WebLinkAboutUNITED WAY OF LARIMER COUNTY - CONTRACT - CONTRACT - EMERGENCY SHELTER SEVERE WEATHER 2007 2008SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set lorth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and United Way of Larimer County, 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 one (1) page and incorporated herein by this reference 2 Time of Commencement and Completion of Services The services to be performed pursuant to this Agreement shall be initiated immediately following execution of this Agreement Services shall be completed no later than April 30, 2008 Time is of the essence 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 of such condition within fifteen (15) days from the onset of such condition 4 Early Termination by City/Notice Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses EXHIBIT "A" Scope of Services for Severe Weather Center 220 N. Howes St. Fort Collins Colorado Service Provider shall operate a Severe Weather Center at the facilities, provided by the City at 220 N Howes Street in Fort Collins The purpose of the Center is to provide emergency shelter for the homeless during the winter months of 2006 The Center will be open on days when the high temperature for the day will not be over 39 degrees -wet bulb The Center will operate in appropriate weather conditions during the period from the November 1st to the last day of April 2008 Hours of operation of the Center in appropriate weather conditions will be limited to weekdays between 7 30 a m and 4 30 p m , but shall include City and other government holidays falling on weekdays Service Provider will be responsible for the following work • Determine by 3 00 p m each day Sunday through Thursday whether weather conditions for the following day are predicted to be 39 degrees or lower for the day This will be "wet bulb" • Notify the City of Fort Collins and St Joseph's School when it is determined the Center will open the following day • Provide a noon meal not to exceed a total cost of $2 00 per meal served for those who sign up to use the Center for the day Each meal and any other Food served at the Center shall be prepared, stored and served accordance with all applicable laws and regulations, including but not limited to those of the Larimer County Department of Public Health and Environment • Determine the number of volunteers required to safely operate the Center and coordinate the recruitment, supervision and management of volunteers • Purchase or otherwise obtain all supplies necessary to operate the Center as an emergency weather shelter • Participate on the committee to maintain relationships and security with St Josephs School and the City of Fort Collins • Provide a minimum of three individual staff members, including a program director, to be on site during the operation of the Center • Provide for reasonable security and sanitation of the Center building • Provide Case Management services to Center users and referrals to other social services providers as appropriate SA January 2005 10 EXHIBIT B EMPLOYEE AND VOLUNTEER SCREENING REQUIREMENTS Certain positions to be utilized by Service Provider in providing services to the City under this Agreement have been designated by the City as "positions of trust " Such positions include, but are not limited to, lobs where the employee or volunteer regularly works with youths or other members of the general public, enters private homes or property, or is responsible for accounting duties or management and control of City property Service Provider will conduct a background investigation of persons to provide services to the City in such positions The investigation shall include, but is not limited to, checking arrests and/or conviction records, driving records, credit history, previous employment and volunteer work, and references, including review of any records or information available to the City as a result of past employment or contractual relationships the employee has had with the City The Service Provider shall make lob assignment and responsibility assignments based upon and in consideration of the background investigation, and shall not permit any person to perform any position for which such person's character or suitability are reasonably in question based upon the information obtained in connection with a background investigation The City may, in its discretion, object to any assignments of personnel to positions of trust by Concessionaire, based on the background investigation The City may provide assistance in completing the background investigation, including providing the completed disclosure form to an outside vendor for a confidential records check Service Provider acknowledges that by providing such assistance the City assumes no responsibility for the timeliness, accuracy or completeness of the background investigation, or for the direct or indirect consequences resulting from the same, and Concessionaire shall hold the City harmless for any injury or loss resulting therefrom Process for Obtaining Backaround Check Information 1 Once an employee or volunteer selection or assignment for work under the Services Agreement with the City is made, the employee or volunteer shall complete the background check form attached to this Exhibit as Attachment 1, which is titled "Disclosure to Employee/Volunteer Regarding Procurement of a Consumer Report (Including Criminal History Report and Employment History Review) " The purpose of this form is to provide the necessary information about an applicant and permission to review confidential information, so that the Service Provider can complete a thorough background check SA January 2W5 2 If the Service Provider anticipates that the employee or volunteer will operate any vehicles or City equipment in providing services to the City, a driving record check shall be conducted in addition to a criminal check The driving record check will be completed at the same time as the background check 3 When the employee/volunteer has completed and signed the form, the Service Providershall initial and date the top of the form, and make two copies of the completed form, one to be retained by Concessionaire and one to be provided to the City 4 The Service Provider is required to give each person undergoing a background check a summary of his/her rights under the federal Fair Credit Reporting Act This summary is attached to the original form (see Attachment 1) The Service Provider shall give the original Disclosure form with its attachment (the summary) to the employee/volunteer 5 The Service Provider shall also require the employee or volunteer to complete the Request, Authorization and Waiver form, attached to the Agreement as Attachment 2 The purpose of this form is to authorize the City to release information regarding previous employment with the City This form must be notarized, and the original executed form provided to the City prior to initiation of the background and employment history investigation SA January 2005 12 EXHIBIT C INSURANCE REQUIREMENTS 1 The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins " In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies 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 insurance with statutory limits as required by Colorado law Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee B Commercial General & Vehicle Liability The Service Provider shall maintain during the life of this Agreement such commercial general liability and 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 each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance SA January 2005 13 ��RQ CERTIFICATE OF LIABILITY INSURANCE ioiz%z00 ) PRODUCER (303) 773-9999 FAX (303) 773-9776 Arthur 3. Gallagher RMS, Inc. 6399 S. Fiddlers Green Circle Suite 200 Greenwood Village, CO 80111 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIL # INSURED Archdiocese of Denver 1300 S. Steele Street Denver, CO 80210-2599 INSURERA. Pinnacol Assurance INSURERS. INSURER INSURERD INSURER E v 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTI E POLICY EXPIRATION LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCUR EACHOCCURRENCE f DAMAGE TO RENTED f f MED EXP (Any one Person) PERSONAL S ADV INJURY f GENERAL AGGREGATE f GENL AGGREGATE LIMIT APPLIES PER PoucY El JER& Loc PRODUCTS -COMPIOP AGO f AUTOMOBILE UASILRY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-0WNED AUTOS COMBINED SINGLE LIMIT (Ea R .Q f BODILY INJURY (Pef Person) f BODILY INJURY P. Wervo f PROPERTY DAMAGE IPSI SWdenU f GARAGE LUIBILITY ANY AUTO AUTO ONLY -EA ACCIDENT f OTHER THAN EA ACC AUTO ONLY AGO f f EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE REIETIBON f EACH OCCURRENCE f AGGREGATE f f f is A WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIEIORIPARMERIE%ECUIIVE OyFeFIsCERMEMBER EXCLUDED? SPECIAL PROVISIONS I,eN 408304S 07/01/2007 07/01/2008 1 WCSTATU I O,g EL EACH ACCIDENT f 11000,000 EL DISEASE -EA EMPL f 1,000,00 EL DISEASE -POLICY LIMB f 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Fort Collins 2156 N. Mason St. Fort Collins, CO 80524 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER VALL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) ®ACORD CORPORATION 1988 A OM CERTIFICATE OF LIABI C.M.G. AGENCY, INC 10843 Old Mill Rd Omaha, NE 68154 Archdiocese of Denver 1300 South Steele Street Denver, CO 80210-2599 INSURANCE Q063 I DAT1oE(M/22io7fNDOg7I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC# INSURER Preferred Professional Ise CO INSURER B INSURER C INSURER D INSURER E 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS R LTP Real TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE DATE MMDO POLICY (RATION DATEf D"I LIMITS GENERAL LIABILITY COMMERCNL GENERAL LIABILITYPREMISES CLAIMSMADE OCCUR EACH OCCURRENCE S 6amrence f MFDE%P(Anyane persm) _ f PERSONAL S ADJ INJURY f GENERAL AGGREGATE L GENL AGGREGATE LIMIT APPLIES PER POLICY PRO - SECT LOC PRODUCTS-COMPIOPAGG L A AUTOMOBIU=UABam ANYAUTO ALLOWNED AUTOS SGHEOULEDAUTOS HIRED AUTOS NONOWNEOAUTOS KAU0021928-00 7/1/07 7/1/08 COMBINEDSINGLEUMR (EL=:IdwD f 500,000 ][ BODILYBIJURY (Pa Pm ) L g BODUYIN)URY (PwaodftM) f X PROPERTY DAMAGE (Perawded) f GARAGE LIABILITY ANYAUTO AUTOONLY-EAACCIDENT f OTHERTHAN - EAACC AUTOONLY AGO f f EXCESSUMBRELLA LIABILITY j[OCCUR CIAR(SMADE DEDUCTIBLE RETENTION f See Attached EACH OCCURRENCE f AGGREGATE f f f f WOPoaRSCOMPENSATIONAND EMPLOYERS' LIABILITY ANY PAOPNETWRNRRERXUtEQ/INE OFF10ERAdeFA EXLTIIOFDT ■yyaa..eevaO = SPEC.ULLPROV610NSLMPN I TWOCRYST" I I ER EL EACHACCLMNT f F.L. DISEASE - EA ENPLOYEI i El DISEASE -POLICY LBAR f OTHER DESCRIPTION OF OPERATIONS/ LOCATIONSI VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Coverage only extends for claims arising out of Catholic Charities Northern fullfillment of its obligation as outlined in the agreement between Catholic Charities Northern and United Way of Larimer County in regards to the Severe Weather Shelter Program from November 1, 2007 through April 30, 2008. Additional Insured City of Fort Collins, its officers, agents and employees 215 N. Mason Street Fort Collins, CO 80524 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL30 DAYS VABTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABL T Y OF ANY HIND UPON THE MSURER ITS AGENTS OR Certificate of Coverage Date: 10/22/2007 Certificate Holder This Certificate is issued as a matter of information only and Archdiocese of Denver 1300 S Steele Street Denver, CO 802I0 confers no rights upon the holder of this certificate. This certificate does not amend, extend or alter the coverage afforded below. Company Affording Coverage THE CATHOLIC MUTUAL RELIEF SOCIETY 10843 OLD MILL RD OMAHA, NE 68154 Covered Location Catholic Charities Northern PO Box 2262 Fort Collins, CO 80522 Coverages This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate 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 coverage afforded described herein is subject to all the terms, exclusions and conditions of such coverage. Limits shown may have been reduced by paid claims. Type of Coverage Certificate Number Coverage Effective pate Coverage Expiration Date Limits Property Real & Personal Property General Liability General Aggregate ProductsComp/OP Agg Occurrence Personal & Adv Injury ® Clams Made 8858 7/1/2007 7/1/2008 Each Occurrence 500,000 Fine Damage (Any one fire) Mod Exp (Any one person) Excess Liability 8858 7/1/2007 7/12008 Each Occurrence 11000,000 Other Each Occurrence Description of OperationaiLocatmnsNehicha Special Items Coverage only extends for claims ansing out of Catholic Charities Northern fulfillment of its obligation as outlined in the agreement between Catholic Chanties Northern and United Way of Lanmer County in regards to the Severe Weather Shelter Program, from November 1, 2007 through April 30, 2008 CMRS Excess Auto $500,000 XS $500,000 Holder of Certificate Cancellation Additional Protected Person(s) Should any of the above described coverages be cancelled City of Fort Collins,its officers, agents and employees 215 N Mason Street Fort Collins, CO 80524 before the expiration date thereof, the issuing company will endeavor to mail days written notice to the holder of certificate named to the left, but failure to mad such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. 0018002007 Authorized Representative Administrative Services Purchasing Division City of Fort Collins October 29, 2007 United Way of Larimer County Attn Gordan Thibedeau 424 Pine Street Fort Collins. CO 80524 RE Severe Weather Center Dear Mr Thlbedeau Enclosed please find your copy of the signed contract for the above -mentioned matter Sincerely, m s B O'Nelil II, CPPO, FNIGP D ctor of Purchasing and Risk Management Encl Agreement JBO ct 215 North Mason Street • 2nd Floor • 170 Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 City City of Fort Collins, Purchasing PO Box 580 Fort Collins, CO 80522 Service Provider United Way of Larimer County 424 Pine Street Fort Collins, CO 80524 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement Such payment shall be the Service Provider's sole right and remedy for such termination 5 Compensation In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fee not to exceed Ten Thousand Dollars ($ 10,000 00) Monthly partial payments based upon the Professional's billings and itemized statements are permissible The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses Final payment shall be made following acceptance of the work by the City Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City 6 City Representative The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement All requests concerning this agreement shall be directed to the City Representative 7 Independent Service provider The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose In entering into this Agreement, Service Provider and/or its employees, agents or representatives acquire no status, rights or benefits of an employee of the City, it being expressly understood and agreed that Service Provider shall perform all undertakings and professional services herein prescribed and contemplated as an independent contractor All persons employed by Service Provider shall remain at all times subject to the sole and exclusive control, supervision, and direction of the Service Provider The Service Provider shall have sole and exclusive control over the selection, hiring, discipline, firing, and assignment of such employees, provided that Service Provider has met the requirements set forth herein for screening employees and volunteers The Service Provider shall also have the sole and exclusive authority to determine the method, means, and manner of performance of such employees, and to establish their wages, hours and working conditions 8 Employees and Volunteers of the Service Provider All employees and volunteers of the Provider supervising or managing activities at the Center must wear name tags at all times Provider agrees to screen all employees, volunteers, and other representatives oragents of Service Provider using the background screening procedure attached as Exhibit Band incorporated herein by this reference In the event that a background check, or any other information available to Service Provider, raises questions about the trustworthiness of an individual for a position of trust working with youths, such individual shall not be employed or allowed to volunteer at the Center, or in a manner that would permit contact by that person with youths participating in programs or services provided under this Agreement 9 Personal Services It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising underthe Agreement without the prior written consent of the City Notwithstanding the foregoing, the parties acknowledge and agree that Service Provider may subcontract for provision of some or all of the services hereunder under the supervision of Service Provider so long as all requirements for insurance, indemnification of the City, background checks for employees and volunteers, and compliance with applicable laws, including but not limited to non- discrimination and accessibility -related laws, are also met by any such subcontractor The parties acknowledge that Service Provider intends to subcontract with Catholic Charities of Northern Colorado to provide certain shelter -related services 10 Acceptance Not Waiver The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement 11 Warran (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 (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period 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 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 12 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 13 Remedies In the event a party has been declared in default, such defaulting party shall be allowed a period often (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 himself of anyother 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 14 Binding Effect This writing, together with the exhibits hereto, constitutes the entire agreement between the parties 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 15 Indemnity/insurance_ (a) The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought orasserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder (b) The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property (c) Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page, attached hereto and incorporated herein by this reference The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, 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 A copy of such a certificate shall be submitted to the same address for any subcontractor performing work hereunder in advance of such subcontractor commencing services hereunder 16 Conduct of Service Provider Activities (a) No person with responsibilities in the provision of services or the operation of any program referred to in this Agreement will unlawfully discriminate with respect to any program participant or any applicant for participation on the basis of race, color, national origin, age, sex, religion, handicap, political affiliation or beliefs (b) No services provided under this Agreement shall involve political or religious activities and no funds made available under this Agreement shall be used for lobbying or proselytizing activities (c) No person with responsibilities in the provision of the services or the operation of any program referred to in this Agreement will use his or her position for his or her own private gain or for the gain of any person with whom (s)he has a relationship by blood or marriage or a close business, political or personal association (d) Service Provider shall not charge an admission or any other fee to persons wishing to use its service hereunder (e) Service Provider may not post any advertising or any other promotional material on or near the Center except a notice indicating that the Center is in operation, and may not at any time remove any materials that have been posted with the permission of the City (f) Service Provider shall manage and conduct all activities during its operation of the Center in a fair, professional, and competent manner in compliance with all applicable laws and legal requirements, and to the reasonable satisfaction of the City 17 Records and Accounting, Reporting (a) The Service Provider shall maintain fiscal accounting records for all costs actually incurred by the Service Provider orany subcontractorof Service Provider in rendering services under the terms of this Agreement The Service Provider shall also accurately record participation levels on a daily basis The Service Provider shall report all such costs and participation information to the City on a monthly basis, by the 12th day of each month, and in a manner acceptable to the City (b) Provider shall submit to an audit of its records and activities, if and as may be required by the City (c) All records maintained by Provider in connection with the services provided under this Agreement shall be made available to the City for review upon request 18 Utilities The City shall supply all utilities to the Center at its own expense, provided that Service Provider may use only such quantities of utilities as are reasonably necessary for the performance of its duties hereunder The City shall also remove trash and debris from the City's supplied trash containers at the Center on an as needed basis 19 No Liens Service Provider agrees to pay or cause to be paid promptly all bills and charges for material, labor or otherwise in connection with or arising out of any work undertaken at the Center on behalf of Service Provider and agrees to hold the City free and harmless against all liens and claims of liens for such labor and materials, or either of them, filed against the Center or any part thereof and from and against any expense and liability in connection therewith, and to discharge (either by payment or by filing the necessary bond or otherwise) any mechanic's, matenalman's or SA January 2005 6 other liens against the Center arising out of any payment due or alleged to be due for any work, labor, services, materials or supplies claimed to have been furnished at Service Provider's request in, on or about the Center and to indemnify the City against any lien or claim of lien attached to or upon Center or any part thereof by reason of any act or omission on Service Provider's part 20 Entire Agreement This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties Covenants or representations not contained in this Agreement shall not be binding on the parties 21 Law/Severability The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement 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 22 Prohibition Against Emoloving Illegal Aliens This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work Pursuant to Section 8-17 5-101, C R S , et seq , Contractor represents and agrees that (a) As of the date of this Agreement 1 Contractor does not knowingly employ or contract with an illegal alien, arfd 2 Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "Basic Pilot Program') in order to confirm the employment eligibility of all newly hired employees (b) Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement (c) Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued SA January 2005 7 (d) Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed (e) If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall 1 Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien, and 2 Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien, except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien (f) Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department') made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17 5-102 (5), C R S (g) If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17 5-102, C R S the City may terminate this Agreement If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractors violation of Subsection 8-17 5-102, C R S (h) The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach SA January 2005 in Clerk �tOFP0, A'S A TE���' CORPORATE SEekETARY CITY OF FORT COLLINS, COLOR,ADO a municipal corporation 2 By(;)PL� James O}Netll II, CPPO, FNIGP Director GPPurchasing and Risk Management Date l J -M / o--) UNITED (OF LARIMER COUNTY By P INT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date (Corp rate Se I) SA January 2005