HomeMy WebLinkAbout330448 JACO ENVIRONMENTAL - CONTRACT - RFP - P1151 RESIDENTIAL REFRIGERATOR FREEZER RECYCLING SERVICESRESIDENTIAL REFRIGERATOR/FREEZER RECYCLING SERVICES AGREEMENT
THIS AGREEMENT is made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, a municipal corporation, hereinafter referred to as the
"City" and Jaco Environmental Inc., hereinafter referred to as "Contractor".
1.0 Definitions. The following terms, whether in the singular or in the plural, when used in
this Agreement, shall have the meanings specified;
1.1 Agreement: This document, including the exhibits thereto, and the terms and
conditions contained therein, as may be amended or supplemented.
1.2 CFCs/HFCs/HCFCs: Chlorofluorocarbon, Hydrofluorocarbon and
Hydrochlorofluorocarbon refrigerants found in Refrigerator and Freezer cooling
systems.
1.3 CFC-11: Chlorofluorocarbons contained in Refrigerator and Freezer insulating
foam.
1.4 Customers: Individual residential and "general service" small commercial
customers of the City of Fort Collins Electric Utility who qualify for participation
in the Program.
1.5 Freezer: A freezer which provides supplementary cold storage to a primary
freezer, or the freezer section located within a Refrigerator, in a residential
household.
1.6 Mercury: Mercury -containing components such as lid tilt -switches found in
Freezers.
1.7 PCBs: Polychlorinated Biphenyls.
1.8 Program: The Residential Refrigerator/Freezer Recycling Program to be
implemented by Contractor pursuant to this Agreement.
1.9 Refrigerator: Refrigerator used as the principal means of storing cold foods in a
residential household.
1.10 Regulated Substance: Any substance or material, including waste substances,
which has been designated as hazardous or toxic by the U.S. Environmental
Protection Agency or the Colorado Department of Public Health and
Environment.
1.11 Utilities: The City of Fort Collins Utilities Services.
Fort Collins Utilities
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 Service
Provider 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.
e. Service Provider 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.
f. If Service Provider 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, Service Provider shall be liable for
actual and consequential damages to the City arising out of Service Provider's
violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider
violates this provision of this Agreement and the City terminates the Agreement
for such breach.
23.0Survival. Contractor's obligations to indemnify the City under Section 10.0; to provide
insurance coverage as required in Section 11.3 and 11.4; to protect the confidentiality of
information obtained from the City and City customers as required by Section 14.0
above; and to maintain and retain records as required by Section 16.0 shall survive the
termination of this Agreement.
Refrigerator and Freezer Recycling Program Contract December 2008
Fort Collins Utilities
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
day and year written below.
THE CITY OF FORT COLLINS, COLORADO
By: Q0"V—
J me B. O'Neill II, CPPO, FNIGP
i etor of Purchasing and Risk Management
Date: /L (2—� ( 3��
[Contractor (;Moration Name]
C
I
[Print Na e]: f et` JG (b 656v,
Title:
ATTEST:
Corporate Secretary
[Corporate President or Vice President]
Refrigerator and Freezer Recycling Program Contract December 2008
Fort Collins Utilities
Exhibit A
Scope of Work for
Residential Refrigerator/Freezer Recycling Services
INTRODUCTION
The City of Fort Collins Utilities (Utilities) is seeking proposals from qualified contractors
specializing in refrigerator and freezer recycling to assist in the ongoing direct implementation of
a Residential Refrigerator/Freezer Recycling Program (Program) in Utilities service territory.
Utilities seeks to extend a contract to a qualified recycling contractor(s) who meets the
specifications as set forth in this Request for Proposals (RFP). The winning bidder(s) will be
responsible for the storage, transportation and recycling of the refrigerator and freezer units of
customers in Utilities service territory.
The Residential Refrigerator/Freezer Recycling Program is part of a broad effort to reduce
electrical energy consumption and peak electrical demand in Utilities service territory. For more
information, the Electric Energy Supply Policy is available at
htti):Hfcaov.com/electric/energy policyphip.
Old, inefficient refrigerators and freezers are typically used for secondary food storage in
customer homes and garages, where they use substantial energy to cool a few items, or enter the
used marketplace, where they continue to operate at efficiency rates considerably lower than new
units. The primary objective of this Program is to decrease the number of inefficient
refrigerators and freezers in general use, and by doing so, deliver long-term electric energy
savings and peak demand reduction.
2. PROGRAM DESCRIPTION
The Program is designed to reduce energy usage by allowing customers to dispose of their
operable, inefficient primary and/or secondary refrigerators and freezers in an environmentally
safe manner. All electric utility customers are eligible.
Qualifying refrigerators or freezers must be working (cooling) and have a rated capacity between
14-27 cubic feet. Customers may turn in no more than two refrigerators or freezers or a
combination of one refrigerator and freezer per dwelling unit. In exchange for each primary
and/or secondary refrigerator and freezer collected customers receive a rebate credit to their
utilities account.
Comprehensive recycling for all refrigerators and freezers collected by the Program is an
essential component of the Program for Utilities customers. The Program needs to ensure the
legally compliant and safe handling and disposal of all hazardous and non -hazardous materials
and wastes while minimizing the amount of wastes disposed in landfills.
Utilities will be responsible for the scheduling of pick-ups, customer qualification, rebate
processing, and contractor payment. The contractor will be responsible for the storage of the
Refrigerator and Freezer Recycling Program Contract December 2008
Fort Collins Utilities
units until collection and the collection, transportation of the units to the recycling facility,
comprehensive recycling and program reporting.
3. PROGRAM GOALS
The Program goals are established based upon the available budget for the Program and
historical data from the previous four years of the program. Utilities expects to retain a
contractor for 2009, 2010 and 2011.
Program Goals
2009
2010
2011
Units recycled
600
600
600
Energy saved kWh
600,000
600,000
600,000
Demand saved kW
60
60
60
Utilities does not guarantee Program unit volume.
4. SCOPE OF SERVICES
General
The recycling contractor will provide implementation for selected components of the Program,
including:
➢ Appliance storage and transportation;
➢ Appliance processing and materials recycling; and
➢ Program tracking and reporting.
Any hazardous, toxic and non -hazardous wastes must be disposed of in accordance with any and
all laws and regulations pertaining to those materials. Preference will be given to bidders with
documented and well -established environmental compliance management programs and
excellent compliance records. Preference will also be given to proposals that minimize the need
to dispose of wastes in landfills. Materials that cannot be recycled must be disposed of in a legal
and an environmentally safe manner.
Appliance storage and transportation
The contractor will:
➢ Store appliances once collected by sub -contractor determined by Fort Collins Utilities
in compliance with all federal, state and local regulations; and
➢ Transport appliances to the processing and recycling facility in compliance with all
federal, state and local regulations.
Appliance processing and materials recycling
The contractor will:
➢ Operate the recycling facility in compliance with all federal, state and local hazardous
and toxic waste management and recycling regulations, including but not limited to,
the federal Clean Air Act, Resource Conservation Recovery Act and Toxic
Substances and Control Act;
Refrigerator and Freezer Recycling Program Contract December 2008
Fort Collins Utilities
➢ Recover and destroy all chlorofluorocarbon (CFC), hydro-chlorofluorocarbon
(HCFC), and non-CFC refrigerants in compliance with all applicable air quality
regulations;
➢ Recover and destroy all CFC-I I blowing agents in the polyurethane foam insulation
of the refrigerators and freezers in compliance with all applicable air quality and
hazardous waste regulations;
➢ Remove, label, and store, in compliance with all applicable regulations, all waste
materials requiring special handling, including but not limited to capacitors
containing polychlorinated biphenyls (PCBs), mercury -containing switches, used oils,
and any other hazardous materials prior to shipment to licensed facilities for disposal
or recycling;
➢ Remove, recycle and or dispose of non -hazardous waste, including metals, glass,
plastics, motors and other materials;
➢ Transport all associated wastes from the processing facility in compliance with all
federal, state and local laws and regulations; and
➢ Maintain records of all recycling and disposal activities.
Program tracking and reporting
JACO also will work jointly with Fort Collins Utilities regarding to develop JACO's web -
tracking and reporting system specific to the unique needs of the Fort Collins program. JACO
will set up remote access through a program "dashboard".
Fort Collins Utilities will provide a spreadsheet based table after each collection day with:
• A unique service order number
• Customer information (name, address, account number)
• Type of appliance
• Date of collection
JACO will load this information into their tracking and reporting database system.
The capabilities of the tracking and reporting system shall include:
Every appliance unit has a unique database record number that is tracked from time of
unit pickup through subsequent unit disassembly and materials disposal.
The processing of specific appliance units is tracked comprehensively within the JACO
recycling processing facility. When units are disassembled (and hazardous materials
harvested), appliances will be flagged as such, and unit -specific material quantities
subsequently will be tracked on an aggregated basis (e.g., the compressor oils associated
with refrigerator X will be reported as Y ounces, but the Y ounces will be grouped with
oils from other refrigerators for reporting purposes of hazmat materials subsequently
processed).
Generation of reports:
o Progress/status reports (e.g., cumulative -to -date or from/to-based information
regarding various program activities and volumes/metrics). These metrics will
Refrigerator and Freezer Recycling Program Contract December 2008
Fort Collins Utilities
focus on 1) the number of units processed, 2) the gross annual kWh impacts, and
3) program monies expended.
o Unit characteristics and materials reports (e.g., unit size, approximate vintage, and
location in home; weight of harvested hazardous materials; presence or absence of
mercury -containing devices, CFC-11 or HCFC-141b, and CFC-12).
o The ability for Fort Collins Utilities to obtain whatever time dimension it desires
for reports (e.g., information regarding a specific day, group of days, weeks,
months, quarters, years, etc.). Fort Collins Utilities also will have the flexibility to
1) simply review the data remotely, 2) export the data into PDF format, 3) export
the data into Excel files (e.g., for subsequent use by Fort Collins Utilities analysts)
and/or 4) export the data into Power Point slides (e.g., for subsequent use by Fort
Collins Utilities management).
JACO also will work jointly with Fort Collins Utilities regarding the development of as -needed
evolving program reporting needs for use with reporting to the Environmental Protection Agency
Responsible Appliance Disposal program and program implementation (e.g., in response to
evolving utility/regulatory requirements).
• Submit quarterly invoices with backup documentation (number and type of
appliances received and recycled) to Utilities for payment.
• Submit reports annually summarizing Program activities and results, including data
from quarterly reports and the following:
o Estimated annual energy and peak demand savings resulting from the
Program;
o Estimated environmental benefits of the Program (pounds of
CFCs/HCFCs/HFCs, PCBs, mercury, oil and metals removed for disposal or
recycling); and
o Amount of waste materials recycled by type and amount of waste landfilled
by type.
o A "certificate of recycling" for all hazardous or toxic wastes not sent for
disposal.
o A "certificate of disposal or destruction" for all hazardous or toxic waste not
recycled.
• Submit notice of any regulatory violation or infraction to Utilities within 30 days of
occurrence by the bidder or the bidder's subcontractors.
• Submit executive summary of any environmental audit completed during the contract
period.
• Submit executive summary of any environmental audits completed on the
subcontractors during the contract period.
• Maintain and retain accurate records of all shipments of regulated materials, including
but not limited to all manifests for transportation of hazardous waste.
Refrigerator and Freezer Recycling Program Contract December 2008
Fort Collins Utilities
1.12 Work: Any and all of the obligations of Contractor to be performed as part of the
Program pursuant to this Agreement.
2.0 Scone of Services. Contractor agrees to provide refrigerator and freezer collection and
recycling services in accordance with the scope of services attached hereto as Exhibit
"A", consisting of four (4) pages, and incorporated herein by reference.
3.0 Time of Commencement and Completion of Services. The Work to be performed
pursuant to this Agreement shall be initiated within five (5) days following execution of
this Agreement. Unless sooner terminated as provided herein, this Agreement shall
terminate on December 31, 2009. At the option of the City, this Agreement may be
renewed for up to four additional one-year periods. Notice of the City's decision to
renew shall be provided to Contractor not less than 60 days prior to the end of the current
Agreement period.
4.0 Early Termination by City. 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 Contractor. Such notice shall be delivered at least fifteen (15) days
prior to the termination date contained in such notice unless otherwise agreed in writing
by the parties. In the event of such early termination by the City, Contractor shall be paid
for services rendered prior to the date of termination, subject only to the satisfactory
performance of the Contractor's obligations under this Agreement. Such payment shall
be the Contractor's sole right and remedy for such termination.
5.0 Compensation. In consideration of the services to be performed pursuant to this
Agreement, the City agrees to pay Contractor on a per unit basis, according to the
following schedule:
Fort Collins Utilities Service Territory
Item Description
Compensation Amount ($/unit recycled)
1. Storage and transportation
$15
charge
2. Appliance recycling charge
$55
(includes reporting and
tracking, and overall project
management)
3. Exceptions
None
with maximum compensation not to exceed $52,500 annually.
6.0 City Representative. The City will designate, prior to commencement of the Work, its
Project representative who shall make, within the scope of his or her authority, all
Refrigerator and Freezer Recycling Program Contract December 2009
Fort Collins Utilities
necessary and proper decisions regarding the Project. All requests for contract
interpretations and other clarification or instruction shall be directed to the City
Representative.
7.0 Notices. All notices provided for under this Agreement shall be effective when mailed,
postage prepaid, and sent to the following addresses:
If to the City: With a Copy to:
John Phelan Opal Dick
Fort Collins Utilities Fort Collins Utilities
PO Box 580 PO Box 580
Fort Collins, CO 80522 Fort Collins, CO 80522
If to the Contractor:
Mr. Michael Dunham
JACO Environmental, Inc.
331 S. Hale Street Fullerton, CA 92831
Voice 949-494-6443
Cell 510-774-2062
Fax 949-493-4287
Email: MADUNIJAMI7@aol.com
8.0 Warranty, Compliance with Laws, and Permits. Contractor shall be responsible for the
professional quality, technical accuracy, timely completion and the coordination of all
services rendered by Contractor, and shall, without additional compensation, promptly
remedy and correct any errors, omissions, or other deficiencies. Contractor warrants to
the City that the Work shall be performed in a competent manner, in accordance with this
Agreement, and that the acceptance, removal collection, warehousing, inventorying,
handling, storage, recycling, and disposal of the Refrigerators and Freezers and all
Regulated Substances shall be in accordance with (a) the requirements of this Agreement
and (b) applicable local, state, and federal laws and regulations in effect at the time the
work is performed.
Prior to performance of any services pursuant to this Agreement, Contractor shall, at its
own cost, have obtained, and shall have required any subcontractors to obtain, all licenses
and permits required by law, rule, regulations and ordinances to engage in the activities
required in connection with this Agreement.
9.0 Responsibility for Regulated Substances. Contractor shall be solely responsible for all
methods, techniques, sequences, and procedures for the recovery, storage transportation
and waste disposal and/or recycling of all CFCs/HFCs/HCFCs, CFC-1 1, PCBs, mercury,
used oil, scrap metals, and other Regulated Substances found in Refrigerators and
Freezers turned -in by Customers. Contractor agrees to be responsible under federal or
Refrigerator and Freezer Recycling Program Contract December 2008
Fort Collins Utilities
state law as the generator of any waste resulting from Contractor's performance of the
work hereunder.
10.0 Indemnification. The Contractor shall indemnify, defend, save and hold harmless the
City, its officers and employees in accordance with Colorado law, from all damages
whatsoever claimed by third parties against the City, and for the City's costs and
reasonable attorneys fees, arising directly or indirectly out of the Contractor's negligence,
errors, omissions or willful misconduct incident to the performance of any of the services
furnished under this Agreement, Contractor's failure to comply with any pertinent law,
rule, regulations or ordinances regarding Regulated Substances, or Contractor's failure to
comply with any other applicable law or other legal requirement.
11.0 Insurance and Bonding Requirements
11.1 General Insurance Coverage
Prior to the start of work, but in any event not later than 30 days after the date of
award of contract, the Contractor shall furnish the City evidence of coverage from
insurers acceptable to the City and in a form acceptable to the City's Risk
Management Department. Such insurance shall be maintained by the Contractor
throughout the term of this Agreement at the Contractor's sole cost and expense.
Such insurance shall not limit or qualify the liabilities and obligations of the
Contractor assumed under the contract. The City shall not by reason of its
inclusion under these policies incur liability to the insurance carrier for payment
of premium for these policies.
Any insurance carried by the City which may be applicable shall be deemed to be
excess insurance and the Contractor's insurance is primary for all purposes despite
any conflicting provision in the Contractor's policies to the contrary.
Said evidence of insurance shall contain a provision that the policy cannot be
canceled or reduced in coverage or amount without first giving 30 calendar days'
notice thereof (10 days for non-payment of premium) to the City by registered
mail.
Should any portion of the required insurance be on a "Claims Made" policy, the
Contractor shall, at the policy expiration date following completion of work,
provide evidence that the "Claims Made" policy has been renewed or replaced
with the same limits, terms and conditions of the expiring policy, or that an
extended discovery period has been purchased on the expiring policy at least for
the contract under which the work was performed.
Refrigerator and Freezer Recycling Program Contract December 2008
Fort Collins Utilities
Failure to maintain and provide acceptable evidence of the required insurance for
the required period of coverage shall constitute a breach of contract, upon which
the City may immediately terminate or suspend the agreement.
Contractor shall be responsible for all subcontractors' compliance with the
insurance requirements.
11.2 Specific Coverage
11.2.1 Workers' Compensation Insurance
The Contractor shall provide Workers' Compensation insurance covering
all of the Contractor's employees in accordance with the laws of any state
in which the work is to be performed and including Employer's Liability
insurance and a Waiver of Subrogation in favor the City of Fort Collins.
The limit for Employer's Liability coverage shall be not less than
$2,000,000.00 each accident and shall be a separate policy if not included
with Workers' Compensation coverage. Evidence of such insurance shall
be in the form of a special endorsement of insurance. Workers'
Compensation/Employer's Liability exposure may be self -insured
provided that the City is furnished with a copy of the certificate issued by
the state authorizing the Contractor to self -insure. Contractor shall notify
the City by receipted delivery as soon as possible of the state withdrawing
authority to self -insure.
11.2.2 Commercial General Liability Insurance
The Contractor shall provide Commercial General Liability insurance with
Blanket Contractual Liability, Independent Contractors, Broad Form
Property Damage, Premises and Operations, Products and Completed
Operations, and Personal Injury coverages included. Such insurance shall
provide coverage for total limits actually arranged by the contractor, but
not less than $1,000,000.00 combined single limit per occurrence. Should
the policy have an aggregate limit, such aggregate limits should not be less
than double the Combined Single Limit and be specific for this contract.
Umbrella or Excess Liability coverages may be used to supplement
primary coverages to meet the required limits.
Evidence of such coverage shall provide for the following:
1) Include the City and its officers, agents, and employees as
additional insureds with the Named Insured for the activities and
operations under the contract.
Refrigerator and Freezer Recycling Program Contract December 2008
Fort Collins Utilities
2) A description of the coverages included under the policy.
11.2.3 Commercial Automobile Liability Insurance
The Contractor shall provide Commercial Automobile Liability insurance
which shall include coverages for liability arising out of the use of owned,
non -owned, and hired vehicles for performance of the work as required to
be licensed under Colorado or any other applicable state's laws. The
Commercial Automobile Liability insurance shall have not less than
$2,000,000.00 combined single limit per occurrence and shall apply to all
operations of the Contractor.
The Commercial Automobile Liability policy shall name the City of Fort
Collins and its officers, agents, and employees while acting within the
scope of their employment, as additional insureds with the Contractor, and
shall insure against liability for death, bodily injury, or property damage
resulting from the performance of this Agreement.
11.3 Pollution Legal Liability
Pollution Legal Liability insurance with minimum limits of $3,000,000 per
occurrence shall be furnished by the Contractor from insurers acceptable to the
City and in a form acceptable to the City's Risk Management Department, and
shall provide coverage for death, bodily injury, or property damage to third
parties, as well as for environmental remediation of sites damaged by pollution
resulting directly or indirectly form the Contractor's operations under this
Agreement. Such policy shall be maintained throughout the term of this
Agreement, and for not less than (3) years after the date of final acceptance and
completion of the work performed under this Agreement.
If the Contractor will subcontract out transportation, treatment, storage, and/or
disposal of Regulated Substances, Contractor shall identify to the City the name
of subcontractor(s), and require the subcontractor(s) to procure insurance, and
provide evidence of insurance, with all terms and conditions as specified above,
naming the City of Fort Collins, its officers, agents, and employees and the
Contractor, as additional insureds.
11.4 Professional Liability Insurance
The Contractor shall provide Professional Liability insurance covering liability
arising from errors and omissions made during the executing of this contract for
the total limits actually arranged by the contractor, but not less than
$3,000,000.00, per occurrence. The coverage shall include Contractual Liability,
and should the policy be of a claims -made form, such policy shall be maintained
Refrigerator and Freezer Recycling Program Contract December 2008
Fort Collins Utilities
for not less than three (3) years after the date of final acceptance of completion of
all work performed under this agreement.
12.0 Independent Contractor. The services to be performed by Contractor are those of an
independent contractor and not of an employee of the City of Fort Collins. Contractor's
employees assigned to perform Contract Work are and shall at all times hereunder remain
the employees of the Contractor and not employees of the City. The Contractor shall be
fully and solely responsible for the management and compensation of said employees.
The City shall not be responsible for withholding any portion of Contractor's
compensation hereunder for the payment of FICA, Workers' Compensation, other taxes
or benefits, or for any other purpose.
13.0 Subcontractors. With prior written approval of the City, the Contractor may enter into
subcontracts with others for the performance of portions of this Agreement. The
Contractor shall at all times be responsible for the acts and errors or omissions of its
subcontractors and persons directly or indirectly employed by them. Nothing in this
Agreement shall constitute any contractual relationship between any others and the City
or any obligation on the part of the City to pay, or to be responsible for the payment of,
any sums to any subcontractors.
The Contractor shall make the provisions of this Agreement applicable to all
subcontractors providing service in connection with the Work. Such subcontractors must
be bound by the Contractor to general terms and conditions protecting the City which are
equivalent to the terms and conditions of this Agreement. Upon written request, the
Contractor shall supply the City with all subcontractor agreements.
14.0 Confidentialitv. All data and information, including that supplied by the City to the
Contractor, that obtained by the Contractor from the City's customers, and that developed
by the Contractor in the course of providing management and administration services to
the City under this Agreement shall be held in strict confidence and shall be used solely
for the performance of the Work pursuant to this Agreement. Contractor, its employees,
and any subcontractors shall not disclose any City or customer information to any person
other than the City's personnel, or the City's designated agent, either during the term of
this Agreement or after its termination, without the prior written consent of the City,
except as provided by lawful court order or subpoena, in which case Contractor shall give
the City advance written notice of such order or subpoena.
15.0 Title. Title to collected Refrigerators and Freezers and the Regulated Substances
contained therein shall pass to Contractor upon collection from customers.
16.0 Monitoring of Work.
16.1 Records and Audits
Refrigerator and Freezer Recycling Program Contract December 2008
Fort Collins Utilities
The Contractor shall maintain records and books of accounts showing all costs and
expenses incurred by the Contractor for this Agreement, and documenting all
environmental or other regulatory compliance activities related to the performance of
services hereunder. The City shall have the right, upon reasonable notice, to audit the
books, records, documents, and other evidence and the accounting procedures and
practices, where needed, to verify the costs and expenses claimed. The Contractor
shall retain such books and records, and the City shall retain the right to audit them,
for at least three years after final payment and until all disputes, appeals, litigation, or
claims have been resolved. This right to audit shall also include inspection at
reasonable times of the Contractor's office or facilities which are engaged in the
performance of the Agreement. In addition, the Contractor shall, at no expense to the
City, furnish reasonable facilities and assistance for such an audit. Upon request,
Contractor shall also provide copies of documents applicable to this Agreement. The
audit findings shall, to the extent allowed by law, be treated by the City as
confidential.
16.2 Right to Review Services, Facilities, and Records
The City reserves the right to review any portion of the services performed by the
Contractor under this Agreement, and the Contractor agrees to cooperate to the
fullest extent possible. The right of the City to review or approve drawings,
specifications, procedures, instructions, reports, test results, calculations,
schedules, or other data that are developed by the Contractor shall not relieve the
Contractor of any obligation set forth herein.
17.0 Acceptance not Waiver. The City's failure to enforce any provision of this Agreement or
the waiver thereof in a particular instance shall not be construed as a general waiver of
any part of such provision. The City's approval or acceptance of, or payment for, any of
the services provided hereunder shall not be construed to operate as a waiver of any of
the rights or benefits provided to the City under this Agreement.
18.0 Default. Each and every tern 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.
19.0 Remedies. In the event a party has been declared in default, such defaulting party shall
be given written notice of the alleged default and allowed a period of ten (10) days within
which to cure said default. In the event the default remains uncorrected, the party
declaring default may elect to: (a) terminate the Agreement and seek damages; (b) avail
itself of any other remedy at law or equity. If the non -defaulting party commences legal
or equitable action against the defaulting party, the defaulting party shall be liable to the
Refrigerator and Freezer Recycling Program Contract December 2008
Fort Collins Utilities
non -defaulting party for the non -defaulting party's reasonable attorney fees and costs
incurred because of the default.
20.0 BindingEffect. 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 successors
and assigns of said parties.
21.0 Law/Severability. Each party's performance hereunder shall comply with all applicable
laws of the United States of America, the State of Colorado and the City of Fort Collins.
This Agreement shall be governed, executed, interpreted and enforced under the laws of
the State of Colorado, and the City of Fort Collins and venue for any litigation shall be in
the District Court in Fort Collins, Colorado or in Federal Court in the state of Colorado.
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 ay other provision of this Agreement.
22.0 Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S.,
et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien
who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify 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 "e-Verify Program") or the
Department Program (the "Department Program"), an employment
verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S.
in order to confirm the employment eligibility of all newly hired employees to
perform work under this Agreement.
b. Service Provider 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. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants
while this Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien,
Service Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider
has actual knowledge that the subcontractor is employing or contracting with
an illegal alien; and
Refrigerator and Freezer Recycling Program Contract December 2008