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HomeMy WebLinkAboutRFP - 8606 UNIFORM RENTAL OR LEASING (2)RFP 8606 Uniform Rental or Leasing Page 1 of 22 REQUEST FOR PROPOSAL 8606 UNIFORM RENTAL OR LEASING The City of Fort Collins is requesting proposals from qualified firms for the rental or leasing of employee uniforms for the City's Fleet Maintenance operations. 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), October 20, 2017 and referenced as Proposal No. 8606. 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, Dave Leicester (Fleet) at (970) 416-2095 or dleicester@fcgov.com 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 Dave Leicester , with a copy to Beth Diven, no later than 5:00 PM our clock on October 11, 2017. Questions received after this deadline will not be answered. 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 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. 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 8606 Uniform Rental or Leasing Page 2 of 22 Ethics/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. For more information please see the City’s Public Purchasing Ethics statement at: https://www.fcgov.com/purchasing/pdf/public-purchasing-ethics.pdf?1474919177. 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 S. Paul Purchasing Director RFP 8606 Uniform Rental or Leasing Page 3 of 22 8606 UNIFORM RENTAL OR LEASING SCOPE OF WORK The City of Fort Collins is requesting proposals for Uniform Rental or Leasing for the City’s Fleet Maintenance operations. This is a three-year agreement with the option to renew up to two more years (subject to appropriation of funds year-to-year). I. BACKGROUND: The City of Fort Collins currently has a rental arrangement (Service Provider launders) for Fleet employee uniforms. Also, in addition to the requirements outlined in this Request for Proposal, there are other Departments within the City that may elect to participate in the rental of Shop Towels, Floor Mats, and other sundry items in the event that the terms awarded under this solicitation are favorable. The City spends approximately $20,000 per year on the Fleet Uniform Rental program. II. SCOPE OF WORK: A. The City of Fort Collins requests proposals for furnishing, cleaning (where requested), and maintaining uniforms for Fleet Maintenance personnel. B. DELIVERY: The City requires that the Service Provider designate one (1) day for pick-up and delivery per week. Delivery is to occur on that pre-determined day during business hours, at a time to be mutually agreed between Service Provider and the department Project Manager. For those weeks in which the pickup/delivery day is on an official City holiday, arrangements are to be made for deliveries to occur the day before the holiday, or on a preapproved date. All newly ordered and replacement garments must be delivered within two weeks of the date ordered. Any delays exceeding that timeframe must be reported promptly to the City’s Project Manager; and corrective action implemented by the Service Provider. 1. At the option of the City’s Project Manager, failure to deliver newly ordered or replacement garments within two weeks of date ordered may result in Liquidated Damages being assessed to Service Provider in the form of a credit to the affected department’s invoice of up to $40 per week per undelivered garment, until said product is successfully delivered. C. DIRTY CLOTHING/RAGS/TOWEL BINS: Service Provider is to provide bins that separate the clothing to allow for clothing pieces in need of mending or repair to be placed in one bin, clothing recommended for replacement in another bin and a third bin that is for dirty clothing. Additional bins are to be provided for dirty Shop rags/Towels. The bins are to: 1. Provide smell containment, or hold to a minimum. 2. Be covered and locked, to prevent pilfering. 3. Be sized appropriately to accommodate the needs of the department. 4. Be located in an area approved by the department Project Manager. D. UNIFORM COMPLEMENT AND QUANTITIES: Garments covered under this Program will be selected by the Project Manager for each department from the items represented on the Pricing Schedule. If additional items not covered on the Pricing Schedule are requested by the Project Managers, they will be priced using the RFP 8606 Uniform Rental or Leasing Page 4 of 22 Service Provider’s same Pricing Multipliers that are used for similar item categories on the Pricing Schedule. Such pricing shall be subject to the City’s review and approval. Project Managers will determine the quantity of each item to be provided for each employee in their department. Project Managers for each area may add or delete uniform pieces, towels, covers, mats and other sundry components from the Contract at any time during the Contract Period. E. OVERSIZE UNIFORMS: Service Providers should be aware that an average of 5% of City employees require oversized uniforms. No additional cost is to be charged for oversized garments. Also, the Service Provider is required to provide female-size apparel at no additional cost. Service Provider is to make every effort to see that oversize and female employees receive their uniform pieces in the same time frame as regular-size male employees. F. SIZE CHANGES: Service Provider is to provide for normal size changes at no additional charge to the City. G. ALTERATIONS: Alterations are to be the responsibility of the Service Provider. If a garment requires alteration, Service Provider has seven (7) calendar days to return or replace garment from the date of being informed of the request by authorized City personnel. H. PROFESSIONAL APPEARANCE: Initial issue uniforms must be new. No faded, worn or “off color” garments will be accepted. In order to maintain a professional appearance, the City will not accept clothing with mends and patching larger than dime size. The repair or mending of a garment shall not detract from the garment’s appearance. Two (2) or less apparent mending sites are acceptable; if there are more in a garment, that item needs to be replaced. The City reserves the right to approve or request new garment depending on the appearance and the employee’s function. I. MEASUREMENT: Fleet Maintenance requests that Service Provider measure employees (and give the opportunity for try-on) for proper fit on-site. Service Provider shall negotiate schedule for these events with the department Project Managers. 1. City Project Manager has the option to request a set of “sample” garments to keep on-site for fitting purposes. Garment samples include long-sleeve shirts ranging from Small-4XL, and various men’s and women’s-sized pants. Service Provider will provide a list of all sample garments and sizes that will be furnished to Project Manager at their request upon execution of the contract; subject to approval of the City’s Project Manager(s). J. GARMENT IDENTIFICATION: Service Provider is to have in place a system of garment identification (for example, bar coding) in order to provide tracking of the uniform pieces for individual employees throughout their system. K. INDIRECT EMBROIDERY LOGOS: Service Provider is to attach Indirect Embroidery Logos to shirts, jackets, vests, etc as directed by the department Project Managers. The City will design the artwork for the logo; and will purchase the logos as needed. Service Provider will not charge a fee to attach the logos to garments, or to remove them should the garment no longer be required or needed. L. GARMENT REPLACEMENT CHARGE: Garments that require replacement due to normal wear and tear are to be replaced at no charge by the Service Provider. All City employees participating in the Uniform Lease or Rental program are required to RFP 8606 Uniform Rental or Leasing Page 5 of 22 fill out an Enrollment Agreement for the Service Provider. This authorizes the City to deduct the Replacement Cost of any garments not returned in the event of employment termination, from the employee’s final paycheck. Replacement Cost is as determined on the Pricing Schedule. M. UTILIZATION REPORTS: The City desires to have access to various Utilization Reports (preferably on-line) at no additional cost. These reports are to include access to the following but are not limited to: 1. Activity by Employee 2. Activity by City Department 3. Cost by Employee 4. Cost by City Department 5. Location of Employee garments within the Service Provider’s system (including delivery status for new or replacement items) 6. Mending stats 7. Replacement stats Service Providers are to include samples of reports similar to these that they are currently providing for other customers, with their RFP submission. The City reserves the right to request Service Provider to create reports that will meet the City’s needs. N. SAMPLES: The City reserves the right to request samples of the uniform pieces to be supplied at no cost to the City, prior to awarding the Contract. The City will retain the samples provided by the awarded Service Provider in order to create an express warranty that the whole of the goods provided shall conform to the sample submitted; samples provided by non-awarded vendors shall be returned to them after contract has been signed. O. IMPLEMENTATION SCHEDULE: Service Providers shall include a sample Implementation Schedule with their RFP submission, in order for the City to determine the implementation timeline for each Service Provider to get their program up and running should they be the selected vendor. P. COOPERATIVE PURCHASING: The City of Fort Collins allows other Public Agencies the opportunity to purchase off the Award for this RFP at the option of the Awarded Vendor. Other public agencies that are members of the Colorado Multiple Assembly of Procurement Officials (MAPO) cooperative purchasing group in particular may contact the awarded Service Provider with a desire to participate in any resulting awards as a potential cooperative user. Other public agencies that are members of the Colorado Multiple Assembly of Procurement Officials (MAPO) cooperative purchasing group that have indicated a desire to participate in any resulting awards as a potential cooperative user include: Larimer County Q. SITE AUDITS: The City may request, at their option, a Site Audit prior to making Award. Also, the City reserves the right to conduct periodic Site Audits to the awarded Service Provider. R. CUSTOMER SATISFACTION SURVEY AND FOLLOW-UP CORRECTIVE ACTION MECHANISM: Service Providers shall include a sample of any Customer Satisfaction Surveys they currently do for other existing customers and demonstrate RFP 8606 Uniform Rental or Leasing Page 6 of 22 to the City how their follow-up corrective action mechanism works for any issues identified in the course of these Surveys. S. 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. T. All awards and extensions are subject to annual appropriations of funds. U. Rental, Lease, and Purchase/Replacement Costs provided on the enclosed Pricing Schedule will cover all sizes, special tailoring, labor, transportation and any associated cost that is required to provide the services identified in this RFP. No Fuel Surcharges will be accepted. Any Environmental Charges, Makeup Charges, or Wastewater Charges must be clearly stated on the submitted Pricing Schedule. The City of Fort Collins will not be liable for any charge not provided in the Pricing Schedule. V. No Buy-Back Provisions will be considered. W. The preference will be to award to one vendor; but the City reserves the right to award to multiple vendors in the event this is deemed to be in the City’s best interest. III. PROPOSAL REQUIREMENTS: A. List of current customer references including name, title and phone number. Minimum of three (3) with similar size and nature of the City of Fort Collins Uniform Rental or Leasing requirements. References will be checked and any unsatisfactory responses may be cause for disqualification at the sole discretion of the City of Fort Collins. B. Name of the single point of contact (and their backup) who will be handling the City of Fort Collins Service Issues, including telephone, e-mail address, cell-phone and emergency phone numbers. Name of the single point of contact (and their backup) who will be handling the City of Fort Collins Billing Issues, including telephone, e-mail address, cell-phone and emergency phone numbers. C. Location of the Service Plant that will service the City of Fort Collins account. The City may request a Site Audit prior to making Award. D. Completion of Pricing Schedule with price per change for: 1. Service Provider launders (i.e., Rent) 2. We launder (i.e., Lease) 3. Outright Purchase/Replacement price. 4. Rental and Lease Costs provided on the enclosed Pricing Schedule will cover all sizes, special tailoring, labor, transportation and any associated cost that is required to provide the services identified in this RFP. No Fuel Surcharges will be accepted. Any Environmental Charges or Wastewater Charges must be clearly stated on the submitted Pricing Schedule. The City of Fort Collins will not be liable for any charge not provided in the Pricing Schedule. E. Vendor Statement (below) signed by an authorized person from your company, in order to verify the capability of the company to provide the Uniform Rental or Leasing services required by the City. Awarded Service Provider will be required to submit a copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. Awarded Service Provider shall RFP 8606 Uniform Rental or Leasing Page 7 of 22 be expected to sign the City of Fort Collins SERVICES AGREEMENT (see sample enclosed) prior to commencement of services. F. Service Providers shall include a sample of any Customer Satisfaction Surveys they currently do for other existing customers, and demonstrate to the City how their follow-up corrective action mechanism works for any issues identified in the course of these Surveys. G. Service Providers are to include samples of Utilization Reports that they are currently providing for other customers, with their RFP submission. These reports (preferably available on-line) are to include access to the following but are not limited to: 1. Activity by Employee 2. Activity by City Department 3. Cost by Employee 4. Cost by City Department 5. Location of Employee garments within the Service Provider’s system (including delivery status for new or replacement items) 6. Mending stats 7. Replacement stats H. Service Providers are to include samples of any garment identification system (for example, bar coding) that they have in place in order to provide tracking of uniform pieces for individual employees throughout their system. I. Service Providers are required to furnish a sample of any of the uniform pieces that are specifically requested by the City (via the Purchasing representative), at no cost to the City. The City will retain the samples provided by the awarded Service Provider in order to create an express warranty that the whole of the goods provided shall conform to the sample submitted; samples provided by non-awarded vendors shall be returned to them after contract has been signed. J. Service Providers shall include a sample Implementation Schedule with their RFP submission, in order for the City to determine the implantation timeline for each Service Provider to get their program up and running should they be the selected vendor. K. Sustainability: Service Providers shall provide assurance that all uniform laundering services provided for the City under this contract use non-toxic cleaning products and processes; and that all uniform laundering services provided under this contract are in compliance with required water discharge and pre-treatment permits. 1. Proposers shall provide Material Safety Data Sheets for all products used for cleaning the types of garments and other products listed in this solicitation. 2. Proposers shall provide a description of the company’s efforts to use the least toxic detergents and related laundry chemicals. If chemical products are bought from an external supplier, describe that supplier’s efforts to formulate and promote less-toxic or non-toxic products. Example efforts include: product certification by an independent third-party certification program for institutional cleaners or participating in the U.S. Environmental Protection Agency’s Design for Environment Program. RFP 8606 Uniform Rental or Leasing Page 8 of 22 3. Proposers shall agree to pursue continuous improvement in using the least toxic chemicals available for laundering the garments and other products listed in this solicitation. 4. Proposers shall provide confirmation if it will uses hybrids and/or alternative fuel vehicles for pick-up and delivery? L. Service Providers are to include as part of their proposal any options for outright purchase of additional uniform items such as denim jeans or Carhartt outerwear via a web-based ordering system and also a retail outlet that proposers can offer under the resulting contract for this solicitation. Include description of your ability to provide custom logos as described above and provide pricing for such logos. RFP 8606 Uniform Rental or Leasing Page 9 of 22 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 90 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 8606 Uniform Rental or Leasing Page 10 of 22 I. CLOTHING DESCRIPTIONS: A. RENTAL/LEASE PROGRAM ITEMS: 1. Lined Jacket: Fully lined, zip front, lined collar, inset pockets, adjustable cuffs. 2. Quilted Vest: 65%poly/35% cotton twill five layer 4” vertical quilted shell, zip front, side elastic inserts, roomy hand warmer pockets. 3. Oxford Cotton Dress Shirt (short or long-sleeved), wrinkle-resistant cotton shirt: 100% cotton preshrunk twill, button-down collar, breast pocket. 4. Security Shirt (short or long-sleeved): 65%polyester/35%cotton poplin soil release finish, button front, convertible collar with stays, pleated chest pockets with flaps and button closure, epaulets. 5. Work Shirt (short or long-sleeved): 65% polyester/35% cotton poplin, Soil release finish, button front, convertible collar with stays, button through chest pockets, (Red Kap or equivalent), Color: Light Blue 6. Work Shirt (short or long-sleeved): 100% cotton durapress wrinkle resistant finish, preshrunk, button front, convertible collar with stays, pockets 7. Wrinkle-resistant cotton pants: 100% pre-shrunk cotton wrinkle resistant finish, plain front, slack style front pockets, hip pockets (left with button closure), ratcheting zipper with button closure. 8. Work Pants: 65% polyester/35% cotton twill, nice drape with front and back pockets along with reinforced stress points that stand up to frequent washings, zip front with button closure. 9. Work Shorts: 65% polyester/35% cotton twill double-pleated front, slack-style front pockets, set-in hip pockets, zip front with button closure. 10. Coveralls: 65% polyester/35% cotton twill with action back, two-way zipper front, two front pockets, two patch hip pockets, two chest pockets, rule pocket, side vent openings, sized to be worn over clothes. 11. Coveralls, 100% cotton: 100% cotton twill, with action back, two-way zipper front, two front pockets, two patch hip pockets, two chest pockets, rule pocket, side vent openings, sized to be worn over clothes. 12. Jeans, 100% prewashed cotton denim with back pockets along with back yoke and brass rivet reinforcements that stand up to frequent washings, zip front with button closure. 13. Shop Towels Premium (for cleaning sensitive applications): 100% cotton, pre- bleached available in white, 18x18” cut size 14. Shop Towels Standard: 100% cotton, 18x18” cut size RFP 8606 Uniform Rental or Leasing Page 11 of 22 15. Shop Towels Heavy (for heavy grease & soil applications): 100% cotton, 18x18” cut size 16. Fender Covers: 50% polyester/50% cotton, 36x54” cut size 17. Glass Towels: 100% cotton, 16x28” cut size 18. Track Control Mats, nylon bonded to 100% Nitrile rubber, 3x4’ 19. Track Control Mats, nylon bonded to 100% Nitrile rubber, 4x6’ 20. Dust mop, 12”, collapsible 21. Wet mop barricade, large, green 22. Mop frame, 12”, collapsible RFP 8606 Uniform Rental or Leasing Page 12 of 22 II. PRICING SCHEDULE – RENTAL/LEASE PROGRAM ITEMS: ITEM # DESCRIPTION BIDDER’S PRODUCT # RENTAL PRICE PER CHANGE (Service Provider launders) LEASE PRICE PER CHANGE (City launders) 1 Lined Jacket 2 Quilted Vest 3 Oxford Cotton Dress Shirt (Long or Short Sleeve) 4 Security Shirt (Long or Short Sleeve) 5 Work Shirt, 65/35 (Long or Short Sleeve) 6 Work Shirt, 100% Cotton (Long or Short Sleeve) 7 Cotton Pants 8 Work Pants, 65/35 9 Work Shorts, 65/35 10 Coveralls, 65/35 11 Coveralls,100% Cotton 12 Jeans, 100% prewashed Cotton Denim 13 Shop Towels, Premium white 14 Shop Towels, Standard 15 Shop Towels, Heavy 16 Fender Covers 17 Glass Towels 18 Track Control Mats, 3x4’ 19 Track Control Mats, 4x6’ 20 Dust mop, 12”, collapsible 21 Wet mop barricade, large, green 22 Mop frame, 12”, collapsible RFP 8606 Uniform Rental or Leasing Page 13 of 22 III. 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 2.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Sustainability Does the firm meet all of the requirements stated under Paragraph K for sustainability? Does the vendor utilize hybrids and/or alternative fuel vehicles for pick-up and delivery? 2.0 Cost and Work Hours Does the proposal included detailed cost break-down for each cost element as applicable and are the line- item costs competitive? Do the proposed cost and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required by each project task or phase? 2.0 Firm Capability Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on-time and in- budget? Has the firm successfully completed previous projects of this type and scope? RFP 8606 Uniform Rental or Leasing Page 14 of 22 IV. 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 8606 Uniform Rental or Leasing Page 15 of 22 V. SAMPLE SERVICES AGREEMENT – FOR REFERENCE ONLY – DO NOT SIGN 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. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 6. 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 RFP 8606 Uniform Rental or Leasing Page 16 of 22 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. 7. 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: 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. 8. 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. 9. 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. 10. 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. 11. 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 RFP 8606 Uniform Rental or Leasing Page 17 of 22 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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 RFP 8606 Uniform Rental or Leasing Page 18 of 22 and costs incurred because of the default. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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 RFP 8606 Uniform Rental or Leasing Page 19 of 22 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 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. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. RFP 8606 Uniform Rental or Leasing Page 20 of 22 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 8606 Uniform Rental or Leasing Page 21 of 22 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. RFP 8606 Uniform Rental or Leasing Page 22 of 22 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider 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 Service Provider has agreed to perform, the Service Provider 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 Service Provider 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 Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider 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 Service Provider 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 Service Provider 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 Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider 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 Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’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.