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HomeMy WebLinkAbout426136 MES - ROCKY MOUNTAINS - CONTRACT - RFP - 7134 BUNKER GEAR FOR PFASERVICES 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 also on behalf of Poudre Fire Authority, hereinafter referred to as PFA, and Municipal Emergency Services, Inc.; doing business as M.E.S.-Rocky Mountains, 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. Contract Period. This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect until December 31, 2012, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed two (2) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 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 Rev7/2009 1 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 addresses: City: Copy to: Service Provider: City of Fort Collins City of Fort Collins M.E.S.-Rocky Mountains Attn: Purchasing Attn: Poudre Fire Authority — Attn: Bill Hudson, Regional PO Box 580 Bob Poncelow Manager Fort Collins, CO 80522 PO Box 580 4081 Eliot Street Fort Collins, CO 80522 Englewood, CO 80110 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. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "A", consisting of one (1) page, and incorporated herein by this reference. 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 services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunderfor the payment of FICA, Workmen's Compensation orothertaxes or benefits orfor any other purpose. Rev7/2009 2 8. 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. 9. 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. 10. 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. 11. 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 thereof. Rev7/2009 3 12. 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; (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. 13. 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. 14. 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. 15. 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. 16. 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 Rev7/2009 4 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 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 Rev7/2009 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. 17. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "B", consisting of one (1) page, attached hereto and incorporated herein by this reference. Rev?/2009 6 CITY OF FORT COLLINS, COLORADO a municipal corporation By:V�Q Jame . O'Neill II, CPPO, FNIGP Direct of Purchasing and Risk Management Date: Municipal Emergency Services, Inc.; doing business as M.E.S.-Rocky Mountains 3at.`� �kvkS&)n PRINT NAME 0: ce ? st-s'-4,1\A,- CORPORATE PRESIDENT OR VICE PRESIDENT Date: 10/aI I.W(O ATTEST: (Corporate Seal) CORPORATE SECRETARY Rev?/2009 7134 Bunker Gear for Poudre Fire Authority Exhibit A — Scope of Work 1) Cooperative Purchasing: It is a specific requirement of this Contract that pricing offered herein to the City and Poudre Fire Authority will be offered by the awarded Service Provider to any other governmental jurisdiction purchasing the same products in the Northern Colorado Fire Consortium and/or Colorado Multiple Assembly of Procurement Officials (MAPO) located in Colorado, Wyoming, or New Mexico (Rocky Mountain States). The vendor must deal directly with any governmental agency placement of purchase orders, freight charges for destination 2) Pricing for Morning Pride Bunker Gear Option #2: Pricing through 12/31/2010 (Base Price): Bunker Coat COPOUD00039: Bunker Pants COPOUD 00040: Ensemble Price: $1,648.00 s Subsequent Purchases: Pricing 1/1/2011-12/31/2011: Any price increases are not to exceed +5% over the 2010 base price. Pricing 1/1/2012-12/31/2012: Any price increases are not to exceed +8% over The 2010 base price. 3) Warranty Work: Warranty work will be performed at the following location: Honeywell First Responder Products #1 Innovation Court Dayton, OH 45414 Morning Pride Statement of Warranty: Morning Pride protective products are warranted for their LIFETIME against ANY defects in material or workmanship. While this warranty specifically excludes accidental damage (acid, tears on nails, etc.), intentional abuse, and normal wear; there are no other exclusions. All warranty repairs must be substantiated as actual defects in material or workmanship upon examination by Morning Pride, or their qualified representatives, before any free repair or replacement can be authorized. Morning Pride is proud to have offered its customers this exceptional LIFETIME WARRANTY since 1921. EXHIBIT B SPECIAL PROVISIONS RFP #7134 Bunker Gear for Poudre Fire Authority Awarded to Municipal Emergency Services, Inc.; dba M.E.S.-Rocky Mountains Initial purchase made possible by receipt of the following grant award, and are subject to the grant provisions contained herein: Per Federal Emergency Management Agency (FEMA) and the Department of Homeland Security (DHS) grant award #EMW-2009-FO-08876 under the FY 2009 Assistance to Firefighters Grant to Poudre Fire Authority.