HomeMy WebLinkAboutCORRESPONDENCE - BID - 5964 HAULINGAdministrative Services
Purchasing Division
City of Fort Collins
January 20, 2009
McEvoy and Sons, Inc.
35703 West CR 25
Eaton, CO
RE: Renewal, 5964 Hauling
Dear Mr. McEvoy:
FEB ® ") 2009
RECEIVED
The City of Fort Collins wishes to extend the agreement term for the above captioned proposal
per the existing terms and conditions and the following:
Any person (contractor) who operates a commercial motor vehicle, as defined in §382.107, in
intrastate or interstate commerce and is subject to the commercial driver's license requirement
of 49 CFR part 383 must be included in an alcohol and controlled substances testing program
under the Federal Highway Administration's rule. Documentation of proof must be
submitted with this renewal prior to performing work for the City of Fort Collins.
Prohibition Against Employing 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;
and
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.
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
Rev 01 /08
215 North Mason Street • 2nd Floor • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221=6775 • FAX (970) 221-6707
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 Contractor's 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.
The term will be extended for one (1) additional year, March 30, 2009 through March 31, 2010.
If the renewal is acceptable to your firm, please sign this letter in the space provided include a
current copy of insurance naming the City as an additional insured and return all
documents to the City of Fort Collins, Purchasing Division, P. O. Box 580, Fort Collins, CO
80522, within the next fifteen days.
If this extension is not agreeable with your firm, we ask that you send us a written notice stating
that you do not wish to renew the contract and state the reason for non -renewal.
Please contact John D. Stephen, CPPO, CPPB, Senior Buyer at (970) 221-6777 if you have
any questions regarding this matter.
Sincerely,
a s B. O'Neill II, CPPO, FNIGP
it ctor of Purchasi pa d Risk Management
Signature Date
(Please indicate your desire to renew 5964 by signing this letter and returning it to Purchasing
Division within the next fifteen days.)
JBO:mar
Rev 01 /08