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HomeMy WebLinkAboutRFP - 8593 EXERCISE WEAR FOR PFA (3)RFP 8593 Exercise Wear for Poudre Fire Authority Page 1 of 19 REQUEST FOR PROPOSAL 8593 EXERCISE WEAR FOR POUDRE FIRE AUTHORITY The City of Fort Collins, on behalf of the Poudre Fire Authority (PFA), is requesting proposals from qualified firms or companies to supply exercise wear to PFA, per the specifications referenced herein. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy proposal instead, one (1) hard copy and one (1) electronic copy on a jump drive, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), September 8, 2017 and referenced as Proposal No. 8593. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the bid should be directed to Project Manager, Murray Anduss, PFA Quartermaster/Warehouse at (970) 217-6207 or manduss@poudre-fire.org. Questions regarding bid submittal or process should be directed to Beth Diven, Buyer at (970) 221-6775 or bdiven@fcgov.com. All questions must be submitted in writing via email to Murray Anduss, with a copy to Beth Diven, no later than 5:00 PM our clock on August 30, 2017. Questions received after this deadline will not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Commodity Codes used for this RFP: 200-010 Athletic Clothing 200-074 Silk Screened Shirts, Jackets, Hats, etc. A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 8593 Exercise Wear for Poudre Fire Authority Page 2 of 19 their entirety. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director RFP 8593 Exercise Wear for Poudre Fire Authority Page 3 of 19 I. INTRODUCTION The City of Fort Collins, on behalf of the Poudre Fire Authority (PFA), is requesting proposals from qualified firms or companies to supply exercise wear to PFA, per the specifications referenced herein. The Poudre Fire Authority is dedicated to the protection of lives, property and the quality of life for all of the citizens we serve. Our employees are highly motivated, highly trained professional men and women who take their service to the community very serious. The foundation of our success is based on our commitment to continuous quality improvement at all levels of service delivery. Poudre Fire Authority Administration and the Fire Prevention Bureau are located in downtown Fort Collins at the intersection of Mountain Avenue and Remington Street. Our mailing address is 102 Remington Street Fort Collins, CO 80524. The Poudre Fire Authority (PFA) is a consolidated full-service fire prevention, fire protection and emergency service agency serving the City of Fort Collins and the Poudre Valley Fire Protection District. Approximately 200 full-time employees staff eleven (11) fire stations and operate eleven (11) engine companies, two (2) Trucks, Administration and the Community Safety Services Division. It additionally operates two volunteer fire stations with 30 volunteers. The total service area is 235 square miles completely encompassing the city and fire district. Within the district are the smaller communities of LaPorte, Timnath and Bellvue. The PFA was organized in 1981 with the consolidation of the City of Fort Collins and the Poudre Valley Fire Departments. At that time, both the City and district adopted an intergovernmental agreement establishing the authority. This contract outlines the governance, funding and operation of the authority. A five-person Board of Directors appointed by the City Council and District Board governs PFA. Its members are two city council members and two district board members. The fifth member is chosen jointly by these four and has historically been the Fort Collins City Manager. The Board appoints Poudre Fire Authority's Fire Chief and is currently held by Chief Tom DeMint. II. SCOPE OF WORK/DELIVERABLES: A. Continuity of supply and uniform appearance for the specified exercise wear is a primary concern for PFA. Exercise wear will be purchased on an as needed basis throughout the life of the contract; however pricing schedule is indicative of annual order quantities. The average annual spend for the last two years is $27,000. The intent is to award a one-year agreement that can be renewed annually up to four times (for a maximum of five years total). B. Service Provider shall describe the Ordering Process in detail in their submitted proposal, including lead time for delivery. C. Exercise wear covered under this program will be selected by the Project Manager from the items represented on the Pricing Schedule. RFP 8593 Exercise Wear for Poudre Fire Authority Page 4 of 19 D. The City reserves the right to award directly as a result of the written proposals. The City may or may not opt to conduct oral interviews. E. Sustainability: Vendors shall include the following documentation in their submitted written proposal: a. Verification that apparel is manufactured using Sweatshop-Free Labor. b. Estimated lifespan of each proposed garment given normal wearing conditions. III. PROPOSAL SUBMITTAL REQUIREMENTS The City’s intent is to choose the most qualified firm/team based upon approach, methods, qualifications and experience, availability, and total cost of ownership. Of prime importance is the firm’s flexibility in responding to services as requested by City/PFA staff and timely delivery of quality garments during the term of the Services Agreement. For Proposal Submittal: All respondents are required to include the following information in the submittal as a minimum. Respondents are to number and name each section as follows: a. Methods and Approach - Describe your relationship with the manufacturer of the proposed garments. Include how you plan to guarantee continuity of supply, timely delivery, quality, uniformity of appearance, and color match throughout the life of this resulting Services Agreement. b. Qualifications and Experience - Provide relevant information regarding previous experience related to delivering similar services to the ones listed under our Scope of Work/Deliverables above:  Number of years in the business.  Overview of services offered, qualifications  Three references of related projects, to include: a) Service provided b) Date of service c) Client organization d) Contact name and title, phone, and e-mail address of reference(s) overseeing the services. c. List of Project Personnel - This list should include the identification of the contact person with primary responsibility for this contract. d. Availability/Lead Time – What is the lead time required to deliver the product After Receipt of Order (ARO)? e. Pricing – Using the Pricing Schedule grid provided, please submit the price you are offering PFA to provide the exercise wear described. Pricing is to RFP 8593 Exercise Wear for Poudre Fire Authority Page 5 of 19 remain firm for at least the first year of contract. Firm’s offering to lock-in pricing for more than one (1) year may be given additional points in the RFP assessment. f. Sustainability: i. What assurances does the Vendor provide that the apparel is manufactured using Sweatshop-Free Labor? ii. Submit estimated lifespan for each garment proposed, given normal wearing conditions. IV. CLOTHING SPECIFICATIONS: 1. T-Shirts & Sweatshirts All t-shirts and sweatshirts (crew and hooded) described as follows will have the following logo layouts for the front and back. FRONT BACK A. 6.1 oz. Beefy-T w/ pocket short sleeve, Regular Navy, 100% cotton, 4 color logo print front right chest, 1 color full back print  Small x 100  Medium x 200  Large x 500  X-large x 400  XX-large x 200 B. 6.1 oz. Beefy-T w/ pocket long sleeve, Regular Navy, 100% cotton, 4 color logo print front right chest, 1 color full back print  Small x 50  Medium x 100  Large x 100  X-large x 50 C. Sport Tek 6.2 oz. 60/40 Jersey 9” shorts w/ side pockets, True Navy, 4 color logo left leg print  Small x 50 RFP 8593 Exercise Wear for Poudre Fire Authority Page 6 of 19  Medium x 100  Large x 100  X-large x 100  XX-large x 50 D. Hanes Ultimate 9.7 oz. Cotton Crewneck Sweatshirt, Regular Navy, 90/10, 4 color logo print right chest, 1 color full back print  Small x 10  Medium x 50  Large x 50  X-large x 40  XX-large x 20 E. Hanes Ultimate 9.7 oz. Cotton Pullover Hooded Sweatshirt, Regular Navy, 90/10, 4 color logo print right chest, 1 color full back print  Small x 10  Medium x 50  Large x 50  X-large x 100  XX-large x 10 2. Job Shirt w/ Canvas Details A. 82/18 Cotton/poly blend,Navy, 6 color Poudre Fire Authority logo embroidered left chest, first initial and last name (and title if a Captain or Chief) embroidered in red on right chest, PFA Fire/Rescue reflective full back (see images below).  Small x 20  Medium x 40  Large x 40  X-large x 40  XX-large x 20 FRONT BACK RFP 8593 Exercise Wear for Poudre Fire Authority Page 7 of 19 3. Cotton/Poly Sweat Pants Cotton/poly sweat pants at least 80/20, 4 color logo screen print on left leg (see image below). A. Under Armor sweat pant, men’s. Color: Navy (410 MDN/WHT) MFG part# 1246567  Small x 10  Medium x 20  Large x 50  X-large x 40  XX-large x 20 B. Under Armor sweat pant, women’s. Color: Navy (410 MDN/WHT) MFG part# 1247764  Small x 10  Medium x 20  Large x 20  X-large x 10 RFP 8593 Exercise Wear for Poudre Fire Authority Page 8 of 19 PRICING SCHEDULE Description Size Estimated Quantity Per Unit Purchase Price Extended Total Small 100 Medium 200 Large 500 X-large 400 XX-large 200 Small 50 Medium 100 Large 100 X-large 50 Small 50 Medium 100 Large 100 X-large 100 XX-large 50 Small 10 Medium 50 Large 50 X-large 40 XX-large 20 Small 10 Medium 50 Large 50 X-large 100 XX-large 10 Item # A. 6.1 oz. Beefy-T w/ pocket short sleeve, Regular Navy, 100% cotton, 4 color logo print front right chest, 1 color full back print 1 A 1E E. Hanes Ultimate 9.7 oz. Cotton Pullover Hooded Sweatshirt, Regular Navy, 90/10, 4 color logo print right chest, 1 color full back print 6.1 oz. Beefy-T w/ pocket long sleeve, Regular Navy, 100% cotton, 4 color logo print front right chest, 1 color full back print 1B C. Sport Tek 6.2 oz. 60/40 Jersey 9” shorts w/ side pockets, True Navy, 4 color logo left leg print 1 C Hanes Ultimate 9.7 oz. Cotton Crewneck Sweatshirt, Regular Navy, 90/10, 4 color logo print right chest, 1 color full back print 1 D RFP 8593 Exercise Wear for Poudre Fire Authority Page 9 of 19 Small 20 Medium 40 Large 40 X-large 40 XX-large 20 Small 10 Medium 20 Large 50 X-large 40 XX-large 20 Small 10 Medium 20 Large 20 X-large 10 82/18 Cotton/poly blend, Navy, 6 color Poudre Fire Authority logo embroidered left chest, first initial and last name (and title if a Captain or Chief) embroidered in red on right chest, PFA Fire/Rescue reflective full back 2 A Men's Cotton/Poly Sweat Pants at least 80/20, 4 color logo screen print on left leg 3 A Women's Cotton/Poly Sweat Pants at least 80/20, 4 color logo screen print on left leg 3 B RFP 8593 Exercise Wear for Poudre Fire Authority Page 10 of 19 V. REVIEW AND ASSESSMENT Proposers will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and any optional interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 1.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 1.0 Assigned Personnel/Sales Support Do the persons who will be working on the project have the necessary skills to support delivery of product meeting the quality specifications as outlined in this RFP? Are sufficient people of the requisite skills assigned to the project? 2.0 Availability What is the Lead Time required to deliver the product After Receipt of Order (ARO)? Is the ordering process efficient? 1.0 Sustainability What assurances does the Vendor provide that the apparel is manufactured using Sweatshop-Free Labor? What is the estimated lifespan of the proposed garment? 3.0 Cost Does the proposed cost compare favorably with the Project Manager's estimate? 2.0 Firm Capability Has the firm done previous projects of this type and scope? Is the proposing firm the apparel manufacturer; or an authorized third-party distributor? RFP 8593 Exercise Wear for Poudre Fire Authority Page 11 of 19 Reference Evaluation (Top Ranked Firm) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge If a study, did it meet the Scope of Work? RFP 8593 Exercise Wear for Poudre Fire Authority Page 12 of 19 VI. VENDOR STATEMENT Vendor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, Vendor hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Vendor’s knowledge and belief. b. Vendor commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 180 days from the date hereof. d. Vendor further agrees that the method of award is acceptable. e. Vendor also agrees to complete the proposed Agreement with the City of Fort Collins within 30 days of notice of award. f. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. g. Vendor acknowledge receipt of addenda. Firm Name: Physical Address: Remit to Address: Phone: Authorized Agent of Firm Name: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. RFP 8593 Exercise Wear for Poudre Fire Authority Page 13 of 19 VII. SAMPLE SERVICES AGREEMENT (FOR REFERENCE ONLY) SERVICES 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 , 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 ( ) page and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) page , and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , 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 ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. 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. 6. 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 RFP 8593 Exercise Wear for Poudre Fire Authority Page 14 of 19 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: Service Provider: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 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. 7. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, ($ ) as per the attached Exhibit " ", consisting of page , and incorporated herein by this reference. 8. 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. 9. 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 hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 10. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 11. 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 RFP 8593 Exercise Wear for Poudre Fire Authority Page 15 of 19 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. RFP 8593 Exercise Wear for Poudre Fire Authority Page 16 of 19 17. 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. 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 , 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 Purchasing Director, 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. 18. 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. 19. 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. 20. 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 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 RFP 8593 Exercise Wear for Poudre Fire Authority Page 17 of 19 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 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. RFP 8593 Exercise Wear for Poudre Fire Authority Page 18 of 19 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 8593 Exercise Wear for Poudre Fire Authority Page 19 of 19 EXHIBIT 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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: 1. 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 $1,000,000 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.