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HomeMy WebLinkAboutRFP - 9152 SECURITY SERVICES FOR NON-CONGREGATE SHELTERRFP 9152 Security Services Non-Congregate Hotel Page 1 of 21 REQUEST FOR PROPOSAL 9152 SECURITY SERVICES FOR NON-CONGREGATE SHELTER RFP DUE: 3:00 PM MST (our clock), July 7, 2020 The City of Fort Collins requests proposals from qualified Service Providers to provide security services on an as needed basis at up to two (2) local hotel locations. The hotels will be providing non-congregate temporary shelter for persons experiencing homelessness (PEH). The temporary shelter is intended for PEH that are highly susceptible to COVID-19 due to age or underlying medical condition and require isolation but not hospitalization. As part of the City’s commitment to Sustainable Purchasing proposals should be emailed to gspaul@fcgov.com with a copy to purchasing@fcgov.com. All questions should be submitted at any time, in writing via email, to Gerry Paul, Purchasing Director at gspaul@fcgov.com. Final questions shall be submitted no later than 5:00 p.m. MT (our clock) on June 30, 2020. Please format your email to include: 9152 Security Services for Non-Congregate Shelter. Respondent communication regarding the proposal with other City personnel is prohibited and shall be grounds for disqualification. Responses to all questions submitted before the deadline will be addressed in an addendum and sent to you via email. Rocky Mountain E-Purchasing System hosted by BidNet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Federal Terms and Conditions. The City intends to seek reimburse of some or all of the costs associated with this program from Federal sources. The contract(s) awarded under this RFP will be subject to Federal Procurement Standards pursuant to 2 CFR Part 200 Uniform Guidance and applicable Terms and Conditions of said standards. The Terms and Conditions are attached to the sample Services Agreement in Section VI of this RFP. Minority Businesses, Women’s Business Enterprises, and Labor Surplus Areas. The City takes affirmative steps to encourage minority businesses, women’s business enterprises and labor surplus area firms to participate in this RFP and all competitive purchasing opportunities. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Vendors may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the Vendor may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. 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 9152 Security Services Non-Congregate Hotel Page 2 of 21 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. Please do not submit with your proposal. 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. The selected Vendor shall be expected to sign the City’s Services Agreement prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director RFP 9152 Security Services Non-Congregate Hotel Page 3 of 21 I. OBJECTIVE AND BACKGROUND A. Objective The City of Fort Collins requests proposals from qualified Service Providers to provide security services on an as needed basis at up to two (2) local hotel locations. The hotels will be providing non-congregate temporary shelter for persons experiencing homelessness (PEH) (the “Tenants”). The temporary shelter is intended for PEH that are highly susceptible to COVID-19 due to age or underlying medical condition and require isolation but not hospitalization. B. Background Beginning in March 2020, the City and community partners, such as Homeward Alliance, the Health District of Larimer County, Catholic Charities, Fort Collins Rescue Mission and others, increased shelter capacity for persons experiencing homelessness (PEH) to allow for physical distancing in response to the COVID-19 pandemic. Because the number of people accommodated at the shelters provided by community partners reduced by half their typical capacity, a congregate shelter was established at Northside Aztlan Community Center (NACC) and an outdoor shelter was established at Old Heritage Park for the duration of the Statewide Stay-at-Home order. The outdoor shelter was closed on April 29. The congregate shelter at NACC will close on June 19, 2020. The City wishes to providing temporary housing to PEH during this continuing pandemic while recognizing the need to return the NACC to regular programing. The intent of this RFP is to identify and award a Service Provider to provide security services on an as required basis at one (1) or two (2) local hotels. On June 12, 2020, the State of Colorado approved the City to establish an emergency, non-congregate shelter (NCS) for temporary housing using up to 50 hotel rooms for approximately 3 months. The hotel rooms will be used exclusively for PEH that are highly susceptible to COVID-19 due to age or underlying medical condition and require isolation but not hospitalization. II. SCOPE OF PROPOSAL A. Program Overview The selected Service Provider will provide security services on behalf of the City as required. The City is planning to contract with up to two (2) local hotels to guarantee availability for up to 50 total rooms for a period of 90 days or more. The number of rooms required, and duration of the program may change as necessary in the event the Statewide Emergency Declaration is extended. At this time, the City is planning on the following estimated requirements: - Month one – Up to 25 rooms - Month two – Up to 50 rooms - Month three – Up to 25 rooms RFP 9152 Security Services Non-Congregate Hotel Page 4 of 21 The City will lease rooms on an as required basis with the initial PEH tenant(s) arriving at the hotel in early to mid-July. The City anticipates the need for security services at the hotel(s) for the duration of the program. The selected Service Provider should have the resources necessary to provide security services at up to two (2) location, seven (7) days per week and twenty- four (24) hours per day. The final schedule for security services will be determined after selection of the Service Provider. B. Other Program Details The City intends to hire a third-party individual, firm, or non-profit agency to be on-site at the hotel(s) to provide oversight of the Tenants (the “Operator”). The Operator will be the Tenants primary point of contact for program oversight, health screening, and Tenant logistics including food delivery and distribution. It is the City’s intent that a representative from the Operator will be on-site at the hotel seven days per week for part of each day as determined by the City. Alternatively, a representative of the Operator may reside at the hotel for the duration of the program. The Service Provider awarded the contract to provide on-site security (the “Security Services”) will work in close collaboration with the City’s Operator on all matters pertaining to safety and security of the Tenants. The Service Provider will provide Security Services, as needed, and their primary responsibility is limited to safety and security of the Tenants. The Security Service will also serve as a resource to the hotel for any Tenant matters related to safety and/or security. A representative from the Security Service may reside at the hotel for the duration of the program if mutually agreed by the parties. C. Tenant’s Compliance to Rules & Regulations The Tenants will be required to maintain compliance with the rules and regulations established by the City, Operator, and hotel Owner. In the event a Tenant fails to comply with any such rules and regulations, the City or the Operator may immediately remove the Tenant from the Premises. The Service Provider shall ensure the Tenants compliance to the rules and regulations. 1. A Tenant shall mean: (1) a single adult; (2) two adults, one of which may include a care provider for the other; (3) one or two adults and their children. Pets may also be allowed. Living quarters are for the exclusive use by Tenants for quarantine and isolation in response to the COVID-19 pandemic. 2. Tenants are to conduct themselves in a quiet, reasonable manner. 3. Tenants are to comply with all local, state and federal statutes, ordinance, and regulations in connection with the use, occupancy, and maintenance of the Premises. 4. Tenants shall not damage any property. 5. Tenants will keep their rooms reasonably clean. RFP 9152 Security Services Non-Congregate Hotel Page 5 of 21 6. No tobacco products, vaping products or marijuana use shall be permitted in the Tenants room and/or public areas on the Premises. 7. No Tenant is allowed to invite additional persons to remain in their unit overnight. D. Service Provider Qualifications The Service Provider shall meet the following minimum qualifications. 1. The Service Provider’s assigned staff (Security Officers) must have a (CBI) background check by the agency going back five (5) years. Security Officers must never have been convicted of a felony within the last ten (10) years. Service Provider must require a physical and urine analysis testing before hiring. 2. Security Officers assigned to program may have contact with Tenants, City Staff, Operator, hotel Owner, hotel guests, and others. The individuals assigned must possess good interpersonal and customer service skills. They should be comfortable and proficient working with a diverse population. They should be skilled at de- escalating potential conflicts. 3. Security Officer must be at least twenty-one (21) years of age. Possessions of a valid Colorado driver’s license and a high school diploma or G.E.D. (General Equivalency Diploma) are preferred. 4. Security Officers servicing this contract shall be in good physical health and fully capable of performing normal or emergency duties requiring moderate to arduous physical exertion such as standing or walking for an entire shift, climbing stairs, running, and self-defense. In addition, persons servicing this contract will be competently and thoroughly trained to perform their duties. 5. Assigned Security Officers must be trained and be kept current in American Red Cross first aid and C.P.R., or equivalent. 6. Security Officers must wear an approved uniform at all times while on duty, which clearly identifies their official capacity. Their appearance must be neat and professional. Uniforms will be supplied and maintained by Service Provider. E. Service Provider Responsibilities The Service Provider’s duties and responsibilities shall include, but not be limited to the following: 1. Provide on-site security services on behalf of the City for the Tenants and their respective hotel rooms and the hotel common areas. The Service Provider will interface and collaborate with but shall have no responsibility for the hotel Owner’s staff, agents, other guests, or visitors. 2. Enforce all established rules and regulations. 3. Provide personnel to cover duties in the event of an illness or emergency. RFP 9152 Security Services Non-Congregate Hotel Page 6 of 21 4. Remove and/or reassign any personnel servicing this contract who do not meet or perform in accordance to the requirements of this contract and/or the City’s expectations. 5. Security Officers must maintain a time log of shift events, as well as prepare reports including a summary of activities on the rounds, and details of any unusual incidents that occur during the shift. 6. In the event the Security Officer contacts the Fort Collins Police Department (FCPD), the police case number must be included on the daily report and any incident report that is completed by the Security Officer. Items that must be reported to the police include, but are not limited to, the following: 1) When a Tenant damages or vandalizes any property. 2) Any sort of physical altercations involving a Tenant. 3) Any verbal altercations by a Tenant that involve threats of physical harm. 4) Any display of a weapon, or threat to use a weapon. 6) Contact with an inebriated Tenant. If a crime has been committed on the hotel property, the police should be notified. The police will make the judgment as to whether the incident warrants dispatching an officer. III. PROPOSAL SUBMITTAL Please complete the attached questionnaire in Section V, Responses. Additional pages may be attached if necessary. IV. REVIEW AND ASSESSMENT CRITERIA Service Providers responding to this RFP will be evaluated on the following criteria based on the responses and optional interview. 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 CRITERIA 40 % Cost and Overall Value 20 % Compliance with the City’s program requirements 40 % Experience with PEH or special populations V. RESPONSES - SEE NEXT PAGE Official Purchasing Document Last updated 10/2017 Services Agreement Page 7 of 21 SECURITY SERVICES RESPONSES Please complete the below questions. Additional pages may be attached if required. 1) What is the firm’s name and address? _________________________________________________________________________ 2) Primary Contact for Program: Title: Email Address: Phone: Cell Phone: 3) Availability. a) How much lead-time do you require to assign staff to this program? ______________________________________________________________________ b) Do you have adequate staff to support this program? ______________________________________________________________________ c) What level of agility do you have to flex staffing hours based on program needs and dynamic demand? ______________________________________________________________________ 4) Qualifications. a) Does your firm and the individuals who may be assigned to perform services under this program meet all of the qualifications and requirements stated in Section II, Sub-Section D of this RFP? _______________________________________(Yes/No) b) Briefly discuss any areas of non-compliance to Section II, Sub-Section D of this RFP. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Official Purchasing Document Last updated 10/2017 Services Agreement Page 8 of 21 5) Hourly Rates. a) What is the hourly rate per individual? ________________________________________ b) When would overtime be applied and what is the hourly rate per individual for overtime? ______________________________________________________________________ c) Would a shift differential apply for certain days (Saturday/Sunday) and/or certain hours in the event the City requires services outside normal business hours and/or 24 hours a day? ______________________________________________________________________ ______________________________________________________________________ 6) Briefly discuss any concerns you have regarding any requirements detailed in the RFP. Also please state any exceptions and/or concerns with the draft Services Agreement attached as Section VI. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ 7) Briefly describe how your staff would respond to an individual who is not following the rules and/or regulations of the program and hotel? _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ 8) If applicable, briefly describe any experience your firm and staff have working with people experiencing homelessness and/or other vulnerable populations. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Official Purchasing Document Last updated 10/2017 Services Agreement Page 9 of 21 9) Provide three references for security services recently performed by the firm. Project 1 Title: ________________________________________ Brief Description: __________________________________________________________ Reference Contact Information: _______________________________________________ Project 2 Title: ________________________________________ Brief Description: __________________________________________________________ Reference Contact Information: _______________________________________________ Project 3 Title: ________________________________________ Brief Description: __________________________________________________________ Reference Contact Information: _______________________________________________ Official Purchasing Document Last updated 10/2017 Services Agreement Page 10 of 21 VI. 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 security services on an as needed basis at up to two (2) local hotel locations. The hotels will be providing non- congregate temporary shelter for persons experiencing homelessness (PEH). The temporary shelter is intended for PEH that are highly susceptible to COVID-19 due to age or underlying medical condition and require isolation but not hospitalization. The Scope of Services is in accordance with Exhibit A, attached hereto. 2. Project Duration. The services to be performed pursuant to this Agreement shall be initiated on __________________, 2020 and are anticipated to end ______________, 2020 (Approximately 90 days). The project duration can be extended by mutual written agreement of the parties 3. Contract Period. This Agreement shall commence ___________________ and shall continue in full force and effect until December 31, 2020, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended by mutual written agreement of the parties. 4. 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 one (1) day from the onset of such condition. 5. 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 five (5) 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: Official Purchasing Document Last updated 10/2017 Services Agreement Page 11 of 21 Service Provider: City: Copy to: Attn: City of Fort Collins Attn: Sue Beck-Ferkiss PO Box 580 Fort Collins, CO 80522 sbeckferkiss@fcgov.com 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. 6. Compensation. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, at the hourly rate of ________________ per person. The Service Provider will invoice based on actual hours worked bi-weekly to invoices@fcgov.com. Payment terms are net 30 days from the invoice date. 7. City Representative. The City has designated Sue Beck-Ferkiss as the City Representative who shall make, within the scope of 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. The City also intends to hire a third- party Operator to be on-site at the hotel to provide oversight of the Tenants. The Service Provider will work in close collaboration with the Operator. 8. COVID-19 Compliance. The Service Provider and its subcontractors shall comply with all state, county, and local laws, ordinances, and public health orders established to reduce the spread of COVID-19, as applicable. The Service Provider shall ensure employees and subcontractors with COVID-19 symptoms do not report to the job site. Service Provider must organize work to ensure individuals minimize contact and maximize social distancing. Individuals must wear all standard worksite personal protective equipment (PPE). In addition, individuals should wear a mask or cloth face covering consistent with OSHA and other applicable safety requirements. 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 this Agreement 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 Official Purchasing Document Last updated 10/2017 Services Agreement Page 12 of 21 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 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. Service Provider warrants that all work performed hereunder shall be performed in compliance with this Agreement with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. 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 five (5) 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. 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. Official Purchasing Document Last updated 10/2017 Services Agreement Page 13 of 21 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 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 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 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: Official Purchasing Document Last updated 10/2017 Services Agreement Page 14 of 21 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. 21. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit C - Confidentiality, consisting of one (1) page, and Exhibit D – Federal Terms and Conditions, consisting of two (2) pages. Both exhibits are attached hereto and incorporated herein by this reference. Official Purchasing Document Last updated 10/2017 Services Agreement Page 15 of 21 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: ENTITY NAME By: Date: Official Purchasing Document Last updated 10/2017 Services Agreement Page 16 of 21 EXHIBIT A SCOPE OF SERVICES Service Provider shall adhere to the below specifications: A. Service Provider Qualifications The Service Provider shall meet the following minimum qualifications. 1. The Service Provider’s assigned staff (Security Officers) must have a (CBI) background check by the agency going back five (5) years. Security Officers must never have been convicted of a felony within the last ten (10) years. Service Provider must require a physical and urine analysis testing before hiring. 2. Security Officers assigned to program may have contact with Tenants, City Staff, Operator, hotel Owner, hotel guests, and others. The individuals assigned must possess good interpersonal and customer service skills. They should be comfortable and proficient working with a diverse population. They should be skilled at de- escalating potential conflicts. 3. Security Officer must be at least twenty-one (21) years of age. Possessions of a valid Colorado driver’s license and a high school diploma or G.E.D. (General Equivalency Diploma) are preferred. 4. Security Officers servicing this contract shall be in good physical health and fully capable of performing normal or emergency duties requiring moderate to arduous physical exertion such as standing or walking for an entire shift, climbing stairs, running, and self-defense. In addition, persons servicing this contract will be competently and thoroughly trained to perform their duties. 5. Assigned Security Officers must be trained and be kept current in American Red Cross first aid and C.P.R., or equivalent. 6. Security Officers must wear an approved uniform at all times while on duty, which clearly identifies their official capacity. Their appearance must be neat and professional. Uniforms will be supplied and maintained by Service Provider. B. Service Provider Responsibilities The Service Provider’s duties and responsibilities shall include, but not be limited to the following: 1. Provide on-site security services on behalf of the City for the Tenants and their respective hotel rooms and the hotel common areas. The Service Provider will interface and collaborate with but shall have no responsibility for the hotel Owner’s staff, agents, other guests, or visitors. 2. Enforce all established rules and regulations. 3. Provide personnel to cover duties in the event of an illness or emergency. Official Purchasing Document Last updated 10/2017 Services Agreement Page 17 of 21 4. Remove and/or reassign any personnel servicing this contract who do not meet or perform in accordance to the requirements of this contract and/or the City’s expectations. 5. Security Officers must maintain a time log of shift events, as well as prepare reports including a summary of activities on the rounds, and details of any unusual incidents that occur during the shift. 6. In the event the Security Officer contacts the Fort Collins Police Department (FCPD), the police case number must be included on the daily report and any incident report that is completed by the Security Officer. Items that must be reported to the police include, but are not limited to, the following: 1) When a Tenant damages or vandalizes any property. 2) Any sort of physical altercations involving a Tenant. 3) Any verbal altercations by a Tenant that involve threats of physical harm. 4) Any display of a weapon, or threat to use a weapon. 6) Contact with an inebriated Tenant. If a crime has been committed on the hotel property, the police should be notified. They will make the judgment as to whether the incident warrants dispatching an officer. C. Tenant’s Compliance to Rules & Regulations The Tenants will be required to maintain compliance with the rules and regulations established by the City, Operator, and hotel Owner. In the event a Tenant fails to comply with any such rules and regulations, the City or the Operator may immediately remove the Tenant from the Premises. The Service Provider shall ensure the Tenants compliance to the rules and regulations. 1. A Tenant shall mean: (1) a single adult; (2) two adults, one of which may include a care provider for the other; (3) one or two adults and their children. Pets may also be allowed. Living quarters are for the exclusive use by Tenants for quarantine and isolation in response to the COVID-19 pandemic. 2. Tenants are to conduct themselves in a quiet, reasonable manner. 3. Tenants are to comply with all local, state and federal statutes, ordinance, and regulations in connection with the use, occupancy, and maintenance of the Premises. 4. Tenants shall not damage any property. 5. Tenants will keep their rooms reasonably clean. 6. No tobacco products, vaping products or marijuana use shall be permitted in the Tenants room and/or public areas on the Premises. 7. No Tenant is allowed to invite additional persons to remain in their unit overnight. Official Purchasing Document Last updated 10/2017 Services Agreement Page 18 of 21 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 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. Official Purchasing Document Last updated 10/2017 Services Agreement Page 19 of 21 EXHIBIT C 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. Official Purchasing Document Last updated 10/2017 Services Agreement Page 20 of 21 EXHIBIT D FEDERAL TERMS AND CONDITIONS This Agreement is subject to the applicable Appendix II to Part 200, Contract Provisions for Non-Federal Entity Contracts under Federal Awards (the “Federal Terms and Conditions”). In the event of a conflict in terms between the Agreement and Exhibit D, the terms stated in Exhibit D shall take precedence and prevail. A. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319), 12935,3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” B. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. C. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). D. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Official Purchasing Document Last updated 10/2017 Services Agreement Page 21 of 21 E. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.