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HomeMy WebLinkAboutUNITED WAY OF LARIMER COUNTY - CONTRACT - CONTRACT - EMERGENCY SHELTERAGREEMENT FOR EMERGENCY WEATHER CENTER Page 1 of 12 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and 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, 2006. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3. 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 AGREEMENT FOR EMERGENCY WEATHER CENTER Page 10 of 12 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, jobs 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 job 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 Obtaininq Background 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 2005 10 AGREEMENT FOR EMERGENCY WEATHER CENTER Page 11 of 12 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. 5:3. W hen the employee/volunteer has completed and signed the form, the Service Provider shall 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 t� AGREEMENT FOR EMERGENCY WEATHER CENTER Page 12 of 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. 2. 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. 2. 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 $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. SA January 2005 12 AGREEMENT FOR EMERGENCY WEATHER CENTER Page 2 of 12 addresses: City: City of Fort Collins, Purchasing PO Box 580 Fort Collins, CO 80522 Service Provider: United Way of Larimer County 424 Pine Street Fort Collins, CO 80524 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fee not to exceed Ten Thousand Dollars ($ 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 AGREEMENT FOR EMERGENCY WEATHER CENTER Page 3 of 12 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 or agents of Service Provider using the background screening procedure attached as Exhibit B and 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 under the 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 AGREEMENT FOR EMERGENCY WEATHER CENTER Page 4 of 12 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. Warranty. (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (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 parry 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 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; AGREEMENT FOR EMERGENCY WEATHER CENTER Page 5 of 12 (b) treat the Agreement as continuing and require specific performance; or (c) avail himself 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. 14. Bindinq 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 or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's 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. AGREEMENT FOR EMERGENCY WEATHER CENTER Page 6 of 12 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 or any subcontractor of 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 AGREEMENT FOR EMERGENCY WEATHER CENTER Page 7 of 12 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, materialman's or 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. CITY OF FORT COLLINS, COLORADO a municipal corporation sy: W'10— Jam . O'Neill II, CPPO, FNIGP DireVor of Purchasing and Risk Management Date: SA January 2005 7 AGREEMENT FQR.�,MERGENCY WEATHER CENTER Page 8 of -12' City " 1 UNITED WAY OF LARIMER COUNTY By: PRINT N �x�cJGJ� flc2FC'-82 Date: / ATTEST: (Corporate Seal) CORPOR E SECRETARY SA January 2005 AGREEMENT FOR EMERGENCY WEATHER CENTER Page 9 of 12 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 2nd week of January to the last day of April 2006. Hours of operation of the Center in appropriate weather conditions will be limited to weekdays between 7:30 a.m. and 4 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 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. • 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. • Accompany disabled individuals to adjacent accessible City facilities when necessary to properly accommodate such individuals. SA January 2005 9