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HomeMy WebLinkAboutCORRESPONDENCE - RFP - P1151 RESIDENTIAL REFRIGERATOR FREEZER RECYCLING SERVICES (3)Financial Services Purchasing Division 215 North Mason Street 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 - fax fcgov.com/Purchasing November 5, 2009 Jaco Environmental Attn: Mr. Michael Dunham 331 S. Hale Street Fullerton, CA 92831 FEB 0 4 2010 RECEINED RE: Renewal, P1151 Residential Refrigerator, Freezer Recycling Services Dear Mr. Dunham: 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: 1.) Amendment 54 To the extentr that this Agreement may constitute a "sole source government contract" within the meaning of Section 2(14.4) of Article XXVIII of the constitution of the State of Colorado, about which the City makes no representation, Section 15 of said Article XXVIII, which reads as follows, is hereby incorporated into this Agreement and made a part hereof: Section 15. Because of a presumption of impropriety between contributions to any campaign and sole source government contracts, contract holders shall contractually agree, for the duration of the contract and for two years thereafter, to cease making, causing to be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the contract holder or on behalf of his or her immediate family member and for the benefit of.any political party or for the benefit of any candidate for any elected office of the state (of Colorado) or any of its political subdivisions. 2.) Red Flags. Service Provider must implement reasonable policies and procedures to d ect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Flags Rules found at 16 Code of Federal Regulations part 681. Further, 7rvirProvider must take approprj,Ate steps to mitigate identity theft if it occurs with one,m/df the-Citv's covered accWints/ Initial 3.) Confidentiality. IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Contractor hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which Rev 07/08 access is related to the performance of services that the Contractor has agreed to perform, the Contractor hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services.for the City may be confidential and/or proprietary. The Contractor agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City , or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Contractor shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Contractor shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Contractor shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Contractor ceases to perform services for the City, or the City so requests for any reason, the Contractor shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Contractor understands and agrees that the City's remedies at law for a breach of the Contractor's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including w thout limitation preliminary and permanent injunctive relief and specific perform ce in addition to all other remedies provided hereunder or available at law. iti Date The term will be extended for one (1) additional year, January 1, 2010 through December 31, 2010. If the renewal is acceptable to your firm, current copy of insurance naming documents to the City of Fort Collins, 80522, within the next fifteen days. please sign this letter in the space provided include a the City as an additional insured and return all Purchasing Division, P. O. Box 580, Fort Collins, CO Rev 07/08 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 Opal F. Dick, CPPO, Senior Buyer at (970) 221-6778 if you have any questions regarding this matter. Sincerely, J mes . O'Neill Il, CP O, FNIGP irect of Pur asin nd Risk M agement Sign 6r ate (Please indicate your desire to renew P1151 by signing this letter and returning it to Purchasing Division within the next fifteen days.) JBO:jkb Rev 07/08