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HomeMy WebLinkAbout3M COMPANY - CONTRACT - RFP - 7191 PRESCRIPTION SAFETY GLASSESSERVICES 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 3M Company, 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 February 1, 2011, and shall continue in full force and effect until January 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 four (4) additional one (1) 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. 1 SA rev03/10 EXHIBIT "B" Insurance Requirements 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. 10 SA rev03/10 m EXHIBIT "C" OCCU)'ATIONAL PRESCR.)PT)ON EVENV) AR. Citvoi'FaliCollins BASF PRICE -- POI-YCAR13ONATE AND PI.ASTIG I-F-141SI:S (- SINGLE 'VISION (. '1 FLAT TOPS BASE 0 OR PLANO �J BIFOCAL OR TRIFOCAL PROGRESSIVE., � $ 150.00 $ 150.00 S 150.00 o•sr rrogresuve amcs nc nanawe m ppq�e m P^hraeaor•r r•xni•1 onll •M wr rwi ••nilaDle is 1lnnultom, I.ifi Rs a x1•n An w,,,& m L-1I i, +,q•i,,d for vry•Trami�iun, Lire R+:a U.. PAL p—h•sc BASE PRICE INCLUDES: • Base through G Great) Franz Styles Scratch Resistant Coating Any Prescriptiml Poser or Siz-c • Level 11 Progressive Addition Upgrade U\r (Uhroviolic) Plastic and Polyeirrbonatc •tints • Eyeglass Carrying Case I.imiled Wraranty (see details) Shipping 0111FR LLNS h,A11;RIALS (r,on io ni.t;r:) P01yCal'boltate-Included Trivex -$ 40.00 Glass - Included rRAh1iE GROUP OPTIONS (r,Dn 10 13AS1::) 13AS1 A !!/(: D D I'L115 li I_ C G PLUS Included Included Included Included Included Included I Included Included $ 20.UU PROGRESSIVE ADDI1 ION I..ENS OP1'IOIdS Ir. l,n sn r; r.srl I•E�'�t- LENS DESIGN PRICE. 1 Vision Case Outlook`, SotaMax-, tloya Amplitude' Included 11 AO Compact", Younger Image', Sola VIP, Silor Adaplar' Included III AO Easy, Vision Ease Illumina', Silor Natwal• S 20.00 III PLUS New Vaiilux Comfort• 30.00 IV 40.00 i.Solaone• Zeiss G12" 95.00 1'I►'l1S %: LENS TRFATh;ENTS (ADD 10 ni,SI:) NUI>IttUNH.I. LIENS OP1lGM$ Plastic & Polwarbonate llnls Included UV (Ultraviolet) Coaling Included DX' Rx Ami-Fog Coating Included Supercoic- Included AR (Anti -Reflective) Coaling Included AR with SuperCote Included AR with SuperCote PLUS 75.00 SUNGLASS OPTIONIR term r, I'halochromic-Glass Only - Included Transitions' or Life Rx'- Polycarbonateor Plastic Included Transitions' Xl'RAclive Included Drivewcar' -Polarized Driving Lens Acth%cd by Transitions 100.00 Intimidator - Polarized Mirror Iligh Performance Lens 70.00 Polarized orCopperlone` Included Pull Line Bifocals and Trifocrds Included Occupational (Double Segment) - Total Price S 150.00 Quadrifocals - Add to Occupational Included Computer Lens -Total Price 150.00 Colored Glass Lenses: Pink, Gray, Green Included Specially Lenses (Slab -OR; Myodisc, etc) Included High/Mid Index Included Polish edges Included Wrap SRx Charge (applicable for all 8 has,, frames) Included Add adjustable nose pads to plastic frame Included Jti111111Nb USPS I° Class / UPS Ground EluSe4ludeodSecond Day Next Business Day CALL 800.982.2828 FOR PRICING ON ANY ITEM NOT LISTED r t 3M Cou4my - - CIFC SA rev03/10 G R O up FRAME S T Y I_ I S VISIT WW".atom.It_lval_a.4-oIII rou NI;W1'Ilanrl.-AnnlTtoA'STtlkOLIGIFOtrr•rrlF cl:Au P R I C F. iASI: F4000,1.5000, F9800, F9900, Falcon Included A _ Ea &_ F6000, A2000 Included Il(C GC100, C7001), CX7000, C8000, C470, C480, %7•I(* --- - Incladed 1) EC550, 630, 650, Alpha, Beta, Gannna, DX670, D490 Included D PLUS DIMA, DP810, DP820, DP830, 730, Outlaw ,Wean Sweet,'"Maxim Rx,"'QX Itx Included I Steel 100, Steel 200, Steel 300, Steel 400, SIM 300, Steel 600, Steel 700, Maxim'Air Seal Rx Included 1 ' Attitude 1, Urban 2, Urban 3, Urban 6, Duster, Ljghinning, Rebel, The Hunter, TRX � Included C DT-1• D)T 2, DT-3, D'1'-VIT.• 1, T1: 2 Included G 11I11)S Urban l =4, Urban 7=5, DTX 100, DTX200 - _ -- --_ S 20.00 SmEsllwws: Detachable Included I'cr ianent,"'nreezeC:aielier', Pediwared,2THASMnWelds Included "'Ahem ssccle.v.iLLk iu6atu. a6sse Mern r bitl 0.. 17v a box,ersien e'in iauu the tt•r.PsA. ch"et-' xe P1911. GoIcIs«ey Fa0-_'U nd Aimsssn azWitcd mC:wD arc.19 ttcPraccmttu It. 1•sem odp fol hsarimnx ex/ Ux a<ue p.•cN in Qo;.rll."'tlreettCsuhn sttkshidds ., only "bble for the F9900,19900, 1` 00 .00110 erd CK70rID usenet." FrneaeAailahkNs.ee Only ..'.il.hne rot the rc" Moo end r99r0 PolycarWiate and Trivex meet the ANSI Standard as I nlpact Rated Protectors when inserted into an impact rated frame. WARRANITY 3M Company twig replace arty defoctive pmduds at no dlarge if the fnllotving conditions occur within one year from date of IHirchasc: • Lens breakage (no a warranty against scratches) • Frannc breakage Coating failure (pceling of crazing) • Corrosion ofanyfrataceomponent Warrolties apply provided that no abnonnal or excessive abuse is evident. Prodtnd mast be rGnmedto3M. Sxtendcd Wit-rauly: 3M frames in Group G and C PLUS are guaranteed for 2 Years subject In the conditions above. POLICIES & PROCEDURES 'IM Nu -I ;Ira.r Ycn.rt•t 3M will process a change with a simple telephone call front the I:yc Care Profcoiwhal. *ibis policy expedites llte mutter process and ensures that llte eye glass wearer recxives their replacement cysw•ear promptly. PinscHIPI'ION CIIANGIiS Any request fa dranges to a DIMS riptitnl, due to a tloclm's or optician's change, will be processed according to the following policy: I ) 3M will replace any piesaiplitin no nrdei change at no charge if llte change is equal to or less chars the oligival. A request for a more expensive rcptuenwm will Icgaim a charge for the dif ercnce in price. Subscgtmnt prescription changes or order cla egos for the same eye glass wearer will be chmgiedat 100a/. 2) 3M will dtaage 50%on any Inescliptitm ,!lodge or optician change request after 60 days front purchase. A limited one-year scratch maranty is offered on.Supci-Gatc, Alt with SuficlCole and AR SnperCotc PLUS. Claims limited to one replacenxnt per order. A ono -year nPrranly is offered on DX Rx Anti -Fag coating. DX Rx is couspatiblc with plastic or polyearhoaatcorly. h is sum cornpanible wilt other Ions materials, coatings or tints and is tug offered with AR, SupclCole, Minors or Intimidator lenses. If the eye glass ht•earet is unable to adapt to their PALS, 3M will replace the Leases with any nsultifocal tells at no charge wilhia 60 days from dole of purchase. After 60 days rclAaeemeru lenses will be charged at fill ("ice. 3) Any request after six months front prachase dale will be subject to An invoice for full price. Any request for an order change lac to sir cyc glass wcara's change in plcfaeace will be charged in SMof Iftc original6rvoiicc price for up to 60 clays, and at full price Ilicicaftat A request for a more expensive item will require a charge for the difference in price. PIMSCHIPTION I.CNS IMPIAC1:11FI';Nr' Unless prohibited by state Inu•, 3M will process an order Ibr cycsvcai where the plcseliption is less than two yens old. We Urge ourasstollhels to visit their Eye Care Professionl to cosine that Ih& prescription, is acetuale aril current. REncts Redos fRentakcs) must be tchmhcd to the laboratopy (address listed hclov). For fabrication snots, doctoi s prescription changes, oplician's changes and cuslolim changes, please Iefrlphone 3M's Customer Scivice Centel to obtain a RMA number (Retain Material Aulhoizatimt Tf:RId,S 8: CONDITIONS Terms: Net 30 Days EOM - Prices are snhject to change without Riotice. • A 106/6administration fee will be added to ilerns selected as tanptoyec co -pay. l'lices do not include applicable sales tax. Annual purchases elitist exceed 52500. PHONE: 800.982.2828 • FAX: 800.945.2828 • WWW.A0SArETVSRX.00M ee� 3M Occupational 1'mscription F.yewenr, 2925 Gro-y Drive, Plymouth, IN 4650 1151 AYaroJ AlAlaeadnbpraeo.5ss lbie dmnbsAgrxkntry Narf rpsva and e>xi+�o by con rs ta�ralars. FArtaviss H...M'n.Je.u\• ec.4l:fb Tyr �•tr+:..0 J•.W'l�J:-.�.p,y.•tin F iY. N„i."J,rf"uoJ..d..t lit A,f..ya.-..lnl../�. Yri..l:n-.R�I-lN'I � rN>,4w.••,rv..ya..:Jv,L.ra.., l..�\::.. ,....l�.Me�.� Fri.1w....,ry+...il,4,M. At�rJ:.r IN:u �:w„a.alter'...,rr.r,Ya•p..•.wap.w,Jw.L.r•,ar:wr.lww-' - - Gia:.n.4 .,elurY: ,....J:awwt•.L„.l.w rLL.li.. rf4l...r ,wl V.�a.r.r.OJmJwJ..,A.-1\'-+m�M.+.tvW.�:.,,.vr •,su•�.[uM t>.,.-.i:.1..,. �...r�n...J u.4,w.,A m•Iwfrrri• Itch•t!•�+aSv.:.n,J..slAt�yi/q.JIM:e...n..M..be.,,ab,��rw wM.1....,fanw�nyl,LeL.vn�v, N. Nn�,M.a...J ?No cotntany -- CIFC 12 SA rev03/10 K, d EXHIBIT "D" 3M Occupational Health and 31A Company Environmental Safety Division Occupational Presctiplion Eyewear 5457 West 79° Slreel lndanapoft, IN 462U SM.)port Contact b7 ormatio» www.aosalletysrx.com • Customer Service: ■ Phonne 800-982-2828 Fax 800-945-2828 o Customer Service can assist you With the following questions: Status oil employee's eyewcar order ,"I'o arrange for eyewear repair ,"Technical / Warranty informat ion ✓ Invoice and Credit Card Questions ............................................................................ ----------------- Database Admin ■ Phone 800-982-2828 (x) 88114 ■ Fax 889-945-2828 ■ Email database acaro/US-Corporate/31VI/US o Account Services can assist you with the following questions: Purchase Order Receips ✓ Pricing Questions ............................................................................................................................. • Customer Program Manager (CPM): o Debbie Stevens ■ Phone 877-816-6572 ■ Fax 866-713-2116 • Email debt}icstct_cns rinitnm.ct>n1 o The CPM can assist you with the following questions: ✓ I:ye Care locations updates, closings or additions Program updates. examples: ■ Customer contact infornnalion updates ■ Billing changes (address, format, etc) ■ Program review ✓ New 3M product offerings Revised 121WO10 �967101 • Marketing Program Management Support o Geri Pollitt ,' Phone 309-389-4644 ✓ Email op Ilitl �r mmrn.cotn o Marketing can assist wish the following questions: r Print on demand order fomts (POD) and /or Program Management Sites • Access and printing questions Set up • Area Sales Manager (ASM): o Stephanie Hoff -Walters Phone 7I9-661-6684 Fax 866-889-4415 Email ste nhanie.wallcts rr nnmml.conn o The ASM can assist you with the following: ✓ New account set up ✓ Adding additional locations to your program ✓New 3M product offerings 13 SA rev03/10 'SRx eyeweer available exclusively from 3119. EXHIBIT "E" Dispensing Panel Dispensing panel for Fort Collins, Colorado to be submitted to Risk Management on annual basis or as changes occur. 14 SA rev03/10 ACOR" � CERTIFICATE OF LIABILITY INSURANCE page 1 of 1 DATE (MM/DD/YYYY) 01/31/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. 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). PRODUCER CONTACT Willis of Minnesota, Inc. 26 Century Blvd. P. 0. Box 305191 PHONE FAX 877-945-7378 888-467-2378 EADDRESS,-MAIL certificates@willis.com Nashville, TN 37230-5191 INSURER(S)AFFORDINGOOVERAGE NAIC # INSURERA:Old Republic Insurance Company 24147-001 INSURED 3M Company INSURERS: 3M Insurance Department INSURERC: INSURERD: Bldg 224-5S-29 St. Paul, MN 55144 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 15474095 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DD' SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS A GENERAL LIABILITY MWZY 57743 3/1/2008 3/1/2011 EACH OCCURRENCE $ 5,000,000 PREMISETO Eaoccurenoe $ 11000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR MED EXP (Any one person) $ 10,000 PERSONAL& ADV INJURY $ 5,000,000 GENERALAGGREGATE $ 5,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 5,000,000 $ POLICY PRO-LOC A AUTOMOBILE LIABILITY MWTB 20030 3/1/2008 3/1/2011 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 BODILY INJURY(Per person) $ X ANYAUTO ALLOWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS BODILY INJURY(Per accident) $ PROPERTYDAMAGE (Per accident) $ UMBRELLALIAB OCCUR EACHOCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DIED I RETENTION $ $ A WORKERS COMPENSATION MWC115413 02 3/l/2008 3/l/2011 X I WCSTATu- orH- AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEY N/A E.L. EACH ACCIDENT $ 2,000,000 OFFICERIMEMBER EXCLUDED? IMandatory in NH) 1f yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - EA EMPLOYEE Is 2,000,000 E.L. DISEASE -POLICY LIMIT Is 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach Acord 101, Additonal Remarks Schedule, if more space is required) Regarding "General Liability" only, 3M Company hereby grants Additional Insured Vendor status to City of Fort Collins , limited to the conditions and terms of the Services Agreement - SA7191-City of Fort Collins, Colorado dated 2/l/2011, and limited to the operations of 3M Company. Additional Insured status is limited to product liability and will only become effective if a lawsuit is commenced naming City of Fort Collins as a defendant and the claim is based on a 3M product. This Certificate of Liability is valid from 2/1/2011 to 1/31/2012. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Fort Collins 215 North Mason'Street Fort Collins, CO 80524 Coll:3254060 TlDl:743002 Cert:15474095©1988-2010ACORD CORPORATION. All riahtsreserved ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 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: City of Fort Collins Attn: Purchasing PO Box 580 Fort Collins, CO 80522 Copy to: City of Fort Collins Attn: Lance Murray PO Box 580 Fort Collins, CO 80522 Service Provider: 3M Company Occupational Prescription Eyewear Attn: Ed McCready Account Services Manager 5457 W. 79Th Street Indianapolis, IN 46268 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 Cost Breakdown attached hereto as Exhibit "C", consisting of two (2) pages, 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 2 SA rev03/10 hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 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 3 SA rev03/10 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. 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. 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 survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. 4 SA rev03/10 c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. 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. 16. 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. 17. 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 5 SA rev03/10 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 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 6 SA rev03/10 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. 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D" — Support Contact Information, consisting of one (1) page and Exhibit "E" - Dispensing Panel, consisting of one (1) page, attached hereto and incorporated herein by this reference. 7 SA rev03/10 FART 6 WILIWIVIvi�0 city clOioRE APP C/ AS TO FORM: Assi t t City Attorney ATTEST: CORPORATE SECRETARY CITY OF FORT COLLINS, COLORADO a municipal corporation By: Jame oill II, CPPO, FNIGP Direct hasing and Risk Management Date: 2 L A 3M Company Occupational Health &Z*rontal Safety Division By: Edward McCready PRINT NAME Account Services Manager (Authorized Signatory) C©RPf3RATE-PREStf3ENT-OR VtC-El'RES11?EN-T Date: January 28, 2011 (Corporate Seal) SA rev03/10 Exhibit "A" Scope of Services Section 1.0: Background The City of Fort Collins provides prescription safety glasses to all employees requiring prescriptions that have the potential to be around hazardous work. These prescription safety glasses meet American Safety Standards Institute (ANSI) Z87.2003 requirements and are provided at no cost to our employees once requirements for a Safety Glass Authorization have been met. It is the responsibility of the employee to provide a current, within 90 days, eye prescription to the dispensing vendor. Section 2.0: Scope of Work 2.1 The dispensing vendor shall have at least one establishment within the City limits from which employees will be measured and fitted for proper prescription safety eyewear for the length of the contract. 2.2 The dispensing vendor shall have a large selection (fifty plus) of different styles safety frames on hand for our employees to choose from. The dispensing vendor shall send a monthly bill to Risk Management for payment of glasses dispensed that month. Each bill shall be broken down by employee and an itemized listing of services provided. One monthly check will then be issued to the vendor. 2.3 The dispensing vendor shall be required to provide reliable service with a minimum of customer complaints. The City's Representative will notify the dispensing vendor, in writing, of complaints and shall require the Dispensing vendor to provide written resolution of such complaints within thirty (30) days. If, in the opinion of the City's Representative, the dispensing vendor has exhibited a pattern of poor service or is unresponsive to customer complaints, the City's Representative may request a meeting between the dispensing vendor, purchasing staff, and the City's representative in order to resolve the poor performance issues. Should the meeting not result in improved performance, the City shall have the right to cancel the Service Agreement on thirty (30) days written notice. Section 3.0: Pricing 3.1 The dispensing vendor shall identify the cost associated with the following items: Lenses - polycarbonate Lenses - Single vision, bifocal, tri-focal, Frames - cost by manufacture and model number Scratch coats Ultraviolet protection Photogrey / transition Polarized lenses Progressive lenses Side shields Higher power prescriptions Dispensing fees Roll and/or polish edges of lenses Anti -reflective coating 9 SA rev03/10