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
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WORKERS COMPENSATION AND
EMPLOYERS LIABILITY
ANY PROPRIEIORIPARMERIE%ECUIIVE
OyFeFIsCERMEMBER EXCLUDED?
SPECIAL PROVISIONS I,eN
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07/01/2007
07/01/2008
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EL DISEASE -POLICY LIMB
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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
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TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTNE
DATE MMDO
POLICY (RATION
DATEf D"I
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CLAIMSMADE OCCUR
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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