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HomeMy WebLinkAbout129729 EXODUS MOVING & STORAGE INC - CONTRACT - BID - 7123 RESIDENTIAL REFRIGERATOR FREEZER COLLECTION AND TEMPORARY STORAGE 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 Exodus Moving and Storage, 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 Hydro chlorofluorocarbon 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. 1.12 Work: Any and all of the obligations of Contractor to be performed as part of the Program pursuant to this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year written below. `A OF FORT " SEAL r City Clerk APPROVEDAS TO FORM: City Attorney ATTEST: THE CITY OF FORT COLLINS, COLORADO By: Z- Jaesj& O'Neill II, CPPO, FNIGP DirdpOr of Purchasing and Risk Management Date: LJ Exodus Moving and 7rage By:L [Print Nanme]: Title: [Corporate President or Vice President] EXHIBIT A Fort Collins Utilities 7123 Residential Refrigerator/Freezer Collection and Temporary Storage Services SCOPE OF SERVICES 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 Fort Collins Utilities electric customers are eligible for participation. Qualifying refrigerators or freezers must be working (cooling) and have a rated capacity between 14-27 cubic feet. Residential customers may turn in no more than two refrigerators or freezers or a combination of one refrigerator and freezer per dwelling unit per year. In exchange for each primary and/or secondary refrigerator and freezer collected customers receive a cash incentive. Appliances collected by the program are, under no circumstances, to be returned to service. Comprehensive recycling for all collected refrigerators and freezers is an essential component of the Program. The Program has managed and delivered through multiple sources: • Utilities staff markets the program and schedules appointments for collection • A local contractor provides collection and storage services (the purpose of this RFP) • Jaco Environmental (taco) provides appliance transportation, recycling and hazardous materials handling. SCOPE OF SERVICES The Contractor will provide the following services: ➢ Appliance collection and storage; ➢ Tracking of units picked up and transported to Jaco, and ➢ Coordination with Utilities, the storage and transportation vendor and Jaco. Appliance collection and storage The contractor will: ➢ Hire and train drivers; ➢ Provide collection vehicles, tools and equipment necessary for safe and efficient appliance removal. Vehicles must maintain the City's image for quality and service; ➢ Verify units to be collected meet eligibility criteria (e.g. working condition, size); ➢ Remove appliances from within the home or business; ➢ Appropriately mark and identify all collected units with a unique tracking number provided by Utilities; ➢ Store appliances in compliance with all federal, state and local regulations; ➢ Occasionally remove other appliances on special request with negotiated rates, i.e. room air conditioners; and ➢ Provide coordination with storage and transportation vendor to periodically pickup appliances in bulk for transportation to Jaco's recycling facility. Customer Service Utilities places a very high value on quality customer service. The contractor will: ➢ Maintain the highest levels of professionalism and courtesy in all customer interactions; ➢ Refer customer questions that cannot be answered and unresolved customer complaints to Utilities within one business day of occurrence; and ➢ Maintain confidentiality of all Utilities customer information except as expressly authorized by the City. Program tracking and reporting The contractor will: ➢ Submit monthly invoices to Utilities for payment with documentation of services provided, including; o Utilities paperwork template to include the appliance tracking number, refrigerator type and brand, o Copies of collection paperwork with participant name, address, type of appliance and location from which it was removed; o Number of appliances collected or rejected; o Names of participants whose appliances were rejected and reasons for rejection of appliances; PROGRAM GOALS The Program has collected an average of 450 units per year for the last three years. The goal of the new program is to have weekly collections averaging 20-25 appliances per week. The total number of appliances for 2010 is expected to be 1000. Utilities expects to retain a contractor for the remainder of 2010 and 2011. EXHIBIT "B" 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 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 without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 05/14/2010 PRODUCER (970)679-7333 FAX (866)456-4265 THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION Ewing -Leavitt Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4025 St. Cloud Dr. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 100 Loveland, CO 80538 INSURERS AFFORDING COVERAGE NAIC # INSURED Exodus Moving and Storage Inc. INSURERA Vanliner Insurance Company 1730 E. Prospect Rd. INSURERB: Fort Collins, CO 90553 INSURERC: INSURER D: INSURER E: COVFROrFA 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 LTR D' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD POLICY EXPIRATION DATE MM/DD LIMITS GENERAL LIABILITY 4272800-00 09/01/2009 09/01/2010 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR PREMISES a occurrence) $ 100,000 MED EXP (Any one person) $ 10,000 A X Blkt Addtl Insured PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY JEa LOC AUTO MOBILE LIABILITY 4272802-00 09/01/2009 09/01/2010 COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) 1,000,000 ALL OW NED AUTOS BODILY INJURY $ A SCHEDULED AUTOS (Per person) X HIRED AUTOS X NON -OWNED AUTOS COMP DEB $1,000 BODILY INJURY (Per accident) $ Truckers COLL DEB $1 , 000 X PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY 4272902-00 09/01/2009 09/01/2010 EACH OCCURRENCE $ 1,000.000 X OCCUR CLAIMS MADE AGGREGATE $ A $ DEDUCTIBLE X RETENTION $ 10,00 $ WORKERS COMPENSATION G T U- OTH- AND EMPLOYERS' LIABILITY Y / N TORY LIMITS I I ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) Vas describe under E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER argo Coverage 4272902-00 09/01/2009 09/01/2010 Limit $100,000 A Deductible $2,500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate holder is named as Additional Insured on the General Liability policy. CERTIFICATE HOLDER CAmrm I ATlnlu City of Fort Collins Purchasing Department P.O. Box 580 Fort Collins, CO 80522 1) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE Aaron Eide ©1 The ACORD name and logo are registered marks of ACORD rights PDF created with FinePrint pdfFactory trial version www.pdffactory.com IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the,policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and 1 conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contras representative or producer, and the certificate holder, nor extend or alter the coverage afforded by the policies lister 25 t between the issuing insurer(s), authorized does it affirmatively or negatively amend, thereon. PDF.created with FinePrint pdfFactory trial version www.pdffactory.com 9 w • INSURED: EXODUS MOVING & STORAGE INC C/O ESG ENTITIES 4844 N 300, W, #100 PROVO UT 84604 ENDORSEMENT: Waiver Of Subrogation 7501 E Lowry Blvd Denver, CO 80230-7006 Phone: (303) 361-4000 / (800) 873-7242 Fax: (303) 361-5000 / (888) 329-2251 www.pinnacol.com NCCI #: WC000313 Policy #: 4082858 AGENT: RENAISSANCE INSURANCE GROUP, LLC PO BOX 478 WINDSOR, CO 80550 (970)674-8825 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a. written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE City of Fort Collins Purchasing Department PO Box 580 Fort Collins CO 80522 Effective Date: May 17, 2010 Expires on March 1, 2011 Pinnacol Assurance has issued this endorsement May 17, 2010. German Velasco Underwriter Pinnacol Assurance' 7501 E Lowry Blvd' Denver, CO 80230 Page 1 of 3 PINNAWEB - External / EMP Record Onl 05/17/2010 10:59:38 4082858 Updated: 02/01/2007 UW137 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) O5/17/2010 PRODUCER PINNACOL ASSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY 7501 E Lowry Blvd AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS Denver, CO 80230-7006 CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED EXODUS MOVING & STORAGE INC INSDRERA: PINNACOL ASSURANCE 41190 INSURER B: 1730 E PROSPECT RD. STE 102, INSURERC: FORT COLLINS, CO 80553 NSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMMENT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/VYYY) DATE(MM/DDNYYV) LIMITS FLTR GENERAL LIABILITY EACHOCCURRENCE DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY CLAIMS MADE R OCCUR PREMISES MEDEXP(An oneperson) PERSONAL& ADV INJURY GEN'L AGGREGATE LIMIT APPLIERS PER: GENERAL AGGREGATE PRODUCTS - COMP/OP AGG POLICY PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea Accident) BODILY INJURY ALL OWNED AUTOS - SCHEDULEDAUTOS (Per person) BODILY INJURY HIRED AUTOS NON -OWNED AUTOS (Per acciderH) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT OTHER THAN FA ACC ANY AUTO AUTO ONLY: AG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE AGGREGATE OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND WC STATU- OTHER A EMPLOYER'S LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE 4082858 03/01/2010 03/01/2011 TORY LIMITS E.L EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $1,000,000 If yes, please describe under SPECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT S1.000.000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION 1235788 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Collins THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Purchasing Department MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE PO Box 580 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Fort Collins CO 80522 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE German Velasco ACORD 25(2001/08) Underwriter ACORD CORPORATION 1988 CERTIFICATE HOLDER COPY City of Fort Collins Purchasing Department PO Box 580 Fort Collins CO 80522 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 2.0 Scope 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 two (2) 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 thirty (30) days following execution of this Agreement. Unless sooner terminated as provided herein, this Agreement shall terminate on June 1, 2011. At the option of the City, this Agreement may be renewed for up to two 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: Description $ per stop Cost Item 1 — Collection and Storage $50.00 per Unit Cost Item 2 — Additional Items at Same Location $15.00 per Unit ® Storage in Exodus Trailer $325.00 per Month Mininum of One (1) Month ® Storage in Non -Exodus Trailer $90.00 per Month Mininum of One (1) Month with maximum compensation not to exceed $65,000.00. 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 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: Crystal Shafii FortCollins Utilities PO Box 580 Fort Collins, CO 80522 If to the Contractor: Exodus Moving and Storage Attn: Mr. Ilan Levy 1730 East Prospect Fort Collins, CO 80553 With a Copy to: Opal Dick Fort Collins Utilities PO Box 580 Fort Collins, CO 80522 With a Copy to: 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-11, 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 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. 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 $1,000,000 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 coverage included. Such insurance shall provide coverage for total limits actually arranged by the contractor, but not less than $1,000,000 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 coverage may be used to supplement primary coverage to meet the required limits. General Liability shall include coverage for damages caused by loading and unloading of appliances being moved from homes and businesses. Evidence of such coverage shall provide for the following: 1) Include the City and its officers, agents, and employees as additional insured(s) with the Named Insured for the activities and operations under the contract. 2) A description of the coverage included under the policy. 11.2.3 Commercial Automobile Liability Insurance The Contractor shall provide Commercial Automobile Liability insurance which shall include coverage 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 $1,000,000 combined single limit per occurrence and shall apply to all operations of the Contractor. If not covered by General Liability, the Automobile Liability shall provide coverage for damages caused by loading and unloading of appliances being moved from homes and businesses. 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 insured(s) with the Contractor, and shall insure against liability for death, bodily injury, or property damage resulting from the performance of 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 Title. Title to collected Refrigerators and Freezers and the Regulated Substances contained therein shall pass to Contractor upon collection from customers. 15.0 Monitoring of Work. 15.1 Records and Audits 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. 15.2 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. 16.0 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. 17.0 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. 18.0 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 non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 19.0 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 successors and assigns of said parties. 20.0 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. 21.0 Survival. 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. 22.0 Prohibition Against Employing Illegal Aliens. 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: Contractor does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Contractor 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. 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 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 Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 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. E. 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. F. 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 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 Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. 23.0. Red Flags Rules. Service Provider must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Service Provider must take appropriate steps to mitigate identity theft if it occurs with one or more of the City's covered accounts. 24.0 Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "B" - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference.