Loading...
HomeMy WebLinkAboutCORRESPONDENCE - PURCHASE ORDER - 9201173Official Purchasing Document Last updated 10/2017 Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 1 of 28 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 BAUTISTA BROTHERS ENTERPRISES, LLC, 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 Nineteen (19) pages 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. Contract Period. This Agreement shall commence August 1, 2020, and shall continue in full force and effect until June 30, 2021, 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 three (3) 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. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: Bautista Brothers Enterprises, LLC Attn: Sergio Bautista 922 Garfield Ave. Unit A102 Loveland, CO 80537 City of Fort Collins Attn: Jim Pierce 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 Official Purchasing Document Last updated 10/2017 Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 2 of 28 rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, Nineteen Thousand Two Hundred Dollars ($19,200) annually as per the attached Exhibit B, consisting of one (1) page, and incorporated herein by this reference. The Service Provider will invoice monthly and the City shall pay the Service Provider One Thousand Six Hundred Dollars ($1,600) each month. Any preapproved additional services will be invoiced separately from the fixed monthly rate at the rates stated in Exhibit B. Invoices for such additional services shall itemize the services performed, dates, hours/square foot, and rates. Payment terms are Net 30 days from the date of invoice. 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 9. 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. 10. 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. Official Purchasing Document Last updated 10/2017 Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 3 of 28 11. 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. 12. 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. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 14. 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. 15. 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 Official Purchasing Document Last updated 10/2017 Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 4 of 28 under this Agreement of the type and with the limits specified within Exhibit C, 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. 16. 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. 17. 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. 18. Prohibition Against Unlawful Discrimination. The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. 19. 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 Official Purchasing Document Last updated 10/2017 Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 5 of 28 Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8- 17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an 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. 20. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. Official Purchasing Document Last updated 10/2017 Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 6 of 28 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: BAUTISTA BROTHERS ENTERPRISES, LLC By: Printed: Title: Date: Official Purchasing Document Last updated 10/2017 Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 7 of 28 EXHIBIT A SCOPE OF SERVICES 1. QUALITY SPECIFICATIONS The Service Provider shall ensure that the facilities, fixtures, floor surfaces, and furnishings of the City shall be continually maintained in a state of high-quality cleanliness. The Service Provider shall achieve the following Quality Specifications: A. CLEANLINESS SPECIFICATIONS The City requires that the surfaces and contents be continually maintained through a robust Quality Defects reduction program. On a percentage basis, the cleanliness target specified herein shall be 85%. That is, eighty-five percent of all items in all areas, on average, must be free of Cleanliness Quality defects as defined below, and paragraphs 1-B and 1-C. Beyond this collective rating, each building has its own special information and cleaning schedule, as specified in the Supplemental Information. B. DEFINITION OF CLEANLINESS QUALITY Cleanliness Quality Means: A “like-new” appearance or all of the following: -The absence of litter and undesirable debris. -The absence of un-bonded dust build-up on any surface of items required to be dusted. -The complete, thorough cleaning of items subject to cleaning, including: corners, inside, outside, top, bottom, under and over all surfaces. -The absence of surface marks, spills or other undesirable bonded residue which can be eliminated by appropriate damp or wet cleaning techniques. -The absence of soil, finish or other undesirable bonded build up which can be eliminated by appropriate heavy duty, cycle or project cleaning techniques. -The presence of appropriate surface gloss, protection, or reflective capacity in line with “like new” or designated gloss levels. -The absence of minor spots, marks, or other limited surfaces soil which can be eliminated by appropriate spot cleaning techniques. -The absence of dust, lint and other in-fiber accumulation in fabric and carpeted areas which can be eliminated by appropriate vacuum cleaning techniques. -The issuance of maintenance and other work requests to eliminate or correct problems with damaged, non-functioning, repair, or replacement-oriented items which cannot be corrected through appropriate cleaning techniques. Official Purchasing Document Last updated 10/2017 Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 8 of 28 C. CUSTOMER SATISFACTION SPECIFICATION The Service Provider shall manage the resources at its disposal in such a way as to improve Customer Satisfaction and reduce and control the number of cleaning complaints, based on the concept of continuous improvement. A goal of less than four customer complaints per month must be achieved within the first twelve months of the agreement. After the initial twelve months, the Service Provider shall continue to achieve and sustain less than four customer complaints per month. D. RESPONSE SPECIFICATION The Service Provider shall respond to all problems presented to it by the City staff. This response shall conform to the following schedule: Emergency - on the scene within thirty (30) minutes Required - completed within eight (8) hours Planned - provide a clear schedule within one (1) working day ALL Service Provider response to customer requests must satisfy this requirement. E. CONTINUOUS IMPROVEMENT SPECIFICATION The Service Provider must demonstrate an effective continuous improvement program for cleaning and key item problems through an ongoing system improvement and modification process to prevent complaints and cleaning failure. 2. SERVICE PROVIDER WORK REQUIRMENTS A. TYPE OF WORK The work covered by this Agreement involves custodial cleaning services for the cleaning of office space, corridors, lobbies, restrooms, conference rooms, exterior entrances, break rooms, locker rooms, bleachers, gymnasiums, laboratory rooms and any and all customer, employee, and public spaces contained within City buildings. The work will be performed in designated buildings as identified in the Supplemental Information. Items to be cleaned under this contract include, but are not limited to: walls, furniture and furnishings including: chairs, tables, desks, telephones, shelving/bookcases, pipes, high dust areas, marker boards, clocks, exit/other signs, pictures, interior and exterior window glass, window sills, screens, all floor surfaces, floor coverings (carpeting, rugs, etc.), baseboards, cabinets, water fountains, doors and door frames, moldings, transoms, radiators and other heating devices, grills, vents/louvers, mini blinds, steps/banisters, elevator tracks, coat racks, sofas, credenzas/office furnishings, filing cabinets, air conditioners, fire extinguishers, drainage and toilet fixtures, sinks, mirrors, sanitary napkin/other dispensers, lockers, shower rooms, shower curtains, partitions, urinals, water free urinals replacement cartridges and fluids, table- top and modular furniture, lighting or illuminating fixtures, soap, paper towel and toilet tissue dispensers, equipment, pads, trash containers, and all customer, employee and public items. B. SUMMARY OF WORK RESPONSIBILITY The successful Service Provider will be responsible for all cleaning activities within the buildings as set forth in the Supplemental Information. The following is a summary of the categorical duties delegated to the Service Provider and to the City or other contractors. Official Purchasing Document Last updated 10/2017 Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 9 of 28 1. Service Provider Responsibility Routine Cleaning Periodic Cleaning Project Cleaning All Floor Surfaces, excluding carpet extraction/shampooing Carpet Spot Cleaning Cleanliness of Cleaning Equipment Computer Rooms Interior Glass and Frame Exterior entrance glass only Lounges/Break Areas, vending Restroom Supplies Sweeping and Policing at Steps, walkways and entrances within 10 feet of building entrances. Trash Removal to Designated Locations Recycle trash emptied from common areas to a main location in designated buildings Storm Windows Walk-off Mat Cleaning Wall Cleaning Sanitary napkin machine product purchase and replacement. Shower curtain laundering and replacement. Most buildings to be cleaned during the 4am to 12pm time frame with some exceptions as noted. Install Waterfree Urinal cartridge replacement when needed (Cartridges provided). Nightly water in Waterfree urinals. Water in floor drains to prevent sewer gas. 2. City Responsibility Management of Building Operations and Maintenance Contract Furniture Moving Other Moving Mechanical Rooms Meeting Room Set-Up Furnish Falcon Waterfree Urinal Cartridges for replacement 3. Other City Contracts Carpet Extraction/Shampooing Exterior Windows C. CHANGES IN WORK REQUIREMENTS Should the Service Provider find that existing conditions make modification of the Agreement desirable, the Service Provider shall promptly report the matter to the City for consideration and decision. During the contract period or its extension, the City reserves the right to add or delete specific hours, positions, services and/or locations at the prevailing contract prices for those variable cost items. The City may at any time delete/add services and/or buildings from this scope of services as the City, in its sole discretion, deems necessary or appropriate. The contract sum shall be changed by such deletions/additions on a pro rata basis. All changes in work need to be documented on the “Change Order Form”. Official Purchasing Document Last updated 10/2017 Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 10 of 28 D. HOURS OF WORK The hours for scheduling custodial cleaning services is presented, by building, in the Building Information Summary and Building statistics sheets. E. CITY HOLIDAYS City holidays are: New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, Fourth of July, Labor Day, Veterans’ Day, Thanksgiving Day, and Christmas Day. If any of these holidays fall on a Saturday, the City will be off the Friday before. If any of these holidays fall on a Sunday, the City will be off the following Monday. Facilities will be available for cleaning on these days. Downtown and Old Town Restrooms will always need everyday service as well as Police Services. All other buildings may not need cleaning on Christmas Day and New Year’s Day. Other holiday cleaning needs will vary by building. F. CITY FUNCTIONS AFTER NORMAL WORKING HOURS Senior Center, Northside, and other City Buildings will occasionally have events with high capacity crowds that could require additional cleaning after the events. The City Representative will notify the Service Provider of the schedules for these events so the Service Provider can plan accordingly. This event cleaning is to be included in the pricing of these buildings. 3. SERVICE PROVIDER RESPONSIBILITIES A. SUPPLIES, MATERIALS AND EQUIPMENT 1. Restroom Supplies Service Provider shall provide annual costs for all restroom supplies. This cost should be identified in the price proposal. The City will choose after award to either purchase such supplies from the Service Provider(s) or furnish the supplies. These supplies shall be maintained at all times at a level of ten days requirement, unless otherwise specified by the City Representative. Paper towels, toilet tissue, soap, and trash bags, etc. will be issued by the Service Provider from its central stock point, and the Service Provider shall be responsible for transporting this material and installing at the point of usage. Supplies shall be of the biodegradable type, 100% post-consumer toilet paper, paper towel with recycle content and the quality that is currently being provided and to fit the existing dispensers. The replenishing of sanitary napkin dispensers in applicable buildings will be the Service Provider’s cost and responsibility. Please note any proposed soaps etc. that you intend to provide that use any Antibacterials that contain Triclosan and/or Triclocarbon which are subject to City approval. 2. Reimbursable Supplies The City may elect, by change to the Agreement, to require the Service Provider to furnish supplies on a reimbursable basis at cost plus a mutually agreed upon mark-up. In this event, the City retains the right to participate fully in any discount arrangements the Service Provider may have with suppliers of Official Purchasing Document Last updated 10/2017 Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 11 of 28 these products. The Service Provider shall provide a monthly inventory to the City of all supplies issued on a daily basis. Controls shall be established and implemented by the Service Provider to safeguard materials. Any losses or irregularities are to be promptly reported in writing to the City Representative. 3. Cleaning Supplies All necessary cleaning pads and equipment, including power driven machines, floor stripping machines, industrial vacuum cleaners, quiet vacuums, high speed polishing machines, and associated chemicals and supplies, etc., needed for the performance of the work involved, shall be furnished by the Service Provider. 4. Trash Can Liners The Service Provider shall furnish bags/ liners for all trash receptacles where appropriate. 5. Personal Safety Equipment The Service Provider shall provide its employees with any necessary safety equipment and Personnel Protective Equipment (PPE). 6. Uniforms The Service Provider shall provide shirts with company insignia subject to approval by the City. Company shirts and City ID badges must be worn at all times by Service Provider employees during their work shift. The ID badges must be visible on the employee. 7. City Observation The City shall have the right at all times to examine the supplies, materials, and equipment used by the Service Provider, and to observe the operations and methods of the Service Provider, its agents, servants and employees. 8. Removal and Ownership In the event of termination or contract expiration, all restroom supplies and paper products shall remain the property of the City. 9. Inventory Levels The City may, from time to time, establish certain minimum inventories of supplies, materials and equipment to be maintained by the Service Provider. Recommendations by the Service Provider are expected at least annually. B. EQUIPMENT OR ITEMS SPECIFICATION Service Provider furnished equipment, tools, and supplies shall meet minimum standards as follows: 1. Equipment and Tools All mechanical equipment and tools shall have bumpers and guards to prevent marking or scratching of fixtures, furnishings, or building surfaces. Electrical equipment used by the Service Provider shall be UL approved, meet OSHA requirements, and all other safety requirements as specified in the contract. The equipment must operate using existing circuits. It shall be the Service Provider’s responsibility to prevent operation, or attempted operation, by Official Purchasing Document Last updated 10/2017 Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 12 of 28 custodial employees, or equipment or combinations of equipment which require electrical power exceeding the capacity of existing circuits. Such equipment shall be of the size and type most efficiently used for high quality work of this kind and shall meet with the approval of the City Representative. Equipment deemed by the City to be of improper design, or inadequate for the purpose intended shall be removed from the premises and replaced with satisfactory equipment at no expense to the City. 2. Cleaning Supplies A list of products used by the Service Provider and the Material Safety Data Sheets shall be submitted to the City for approval during the startup period. All listed equipment and materials are the responsibility of the Service Provider. These specific products will need to be supplied and used by the Service Provider as indicated: Accelerated hydrogen peroxide based green seal chemical with solution dispensing on the bottle is required for all surfaces. This disinfectant is to be used on all restroom and locker room surfaces. Non- ammoniated glass cleaner on tinted glass. Stainless steel cleaner on the EPIC locker room stainless fixtures only. Not on other surfaces. The following products cannot be used at the City for any maintenance purpose: pine oils, bleach, ammonia, de-scalers, lye, oven cleaners, steel wool, and powdered cleansers. Samples of additional janitorial supplies which may be recommended by the Service Provider shall be submitted to the City Representative for approval thirty (30) days prior to the contract start date, or date of intended use. The pH of any cleaning materials shall not exceed nine (9). The Contractor must use green seal, cleaning chemicals. All boxes shall be broken down and recycled. All chemical containers rinsed and recycled as appropriate. Quiet vacuums are to be used in day cleaning. Micro fiber cloths and micro fiber floor mops are to be used for cleaning. 3. Material Safety Data Sheet The Service Provider shall submit Material Safety Data Sheets on all products prior to contract start up, in a form acceptable to the City. C. SYSTEMS SUPPORT As may be requested by the City, the Service Provider is to provide the systems and technical expertise necessary to set or redefine staffing labor and resource requirements. Those providing this support shall be experienced and competent and shall develop their recommendations on the basis of the City defined cleanliness levels. D. SERVICE PROVIDER RESOURCE RESPONSIBILITY The Service Provider shall contractually establish and provide all labor, equipment, tools, supplies, supervision, management and other resources and services necessary to achieve the cleanliness, customer satisfaction and management response specifications as defined in the Agreement. This commitment MUST include all routine, periodic, project and other tasks and frequencies needed to meet the quality specifications noted. It is intended that no project or special work is billable under this contract, except in a rare or unusual situation. And in this event, written authorization must be obtained for added billable work. The Service Provider will notify the City, with a written order, and will schedule each special project to be performed, when such work supervision falls outside the context of the agreement. Official Purchasing Document Last updated 10/2017 Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 13 of 28 E. SERVICE PROVIDER STAFFING The Service Provider shall be obligated to provide its proposed number of custodial personnel to perform the duties required in accordance with this Agreement at all times. The Service Provider shall keep on file and furnish to the City Representative a monthly report that includes a list of the names of all personnel presently working in each building and number of hours worked by each person, as certified by the Service Provider’s time records. Day Porter teams are to have at a minimum one English communicating person and the teams should consist of one male and one female person per team due to gender specific locker rooms. All employees of Service Provider employed to carry out the custodial cleaning services proposed are subject to final approval by the City. All employees of the Service Provider will be required to adhere to City Security, Fire and Safety Regulations for Service Provider employees. Service Provider agrees that it will, upon notice from the City, remove any supervisor or employee who is, for any reason, unsatisfactory to the City, and replace him/her with an employee satisfactory to the City. The Service Provider shall not represent that it and its employees are either agents or employees of the City. All Service Provider personnel shall be physically able to do their assigned work. All Service Provider personnel shall be capable employees, thoroughly trained and qualified in the work assigned to them. The employee shall receive a copy of the Building Information Sheet along with appropriate training specific to the needs of the building (buildings) prior to performing the cleaning duties. A copy of the supervisor’s training record must be maintained and provided to the City in advance of employment on site. Every new employee must receive OSHA’s Hazardous Communication Program training using an established program, prior to working in any City building. The Service Provider agrees that only assigned personnel will be permitted on the City premises and no other personnel including, but not limited to salesmen, friends, relatives or minors, will be allowed on premises without prior written notice and written approval by the City. The Service Provider employees shall schedule all routine, project, and other work in such a way as not to interfere with regularly scheduled City activities and within the time constraints specified by the City. F. CUSTOMER SERVICE POLICY The Service Provider shall establish a clear Customer Service Policy which is communicated to its employees. G. SITE MANAGEMENT The Service Provider shall provide nonworking managers and supervisors to ensure the performance of the work and proper supervision of cleaning employees. These managers working hours shall be during the work hours of the custodians. The Site Manager shall demonstrate adequate knowledge of cleaning equipment, tools, chemicals, techniques, and related activities and shall be able to recognize Official Purchasing Document Last updated 10/2017 Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 14 of 28 any situations or circumstances under which the cleaning techniques defined may be improved upon. Proof of this training and knowledge is required. The City shall have the right to make minor adjustments in the tasks, areas, or employees if such minor adjustments do not cause an increase or decrease in the quality and performance targets to be achieved. It is understood that additional building space or other areas may be added, at the City’s option, utilizing the change order procedures outlined in this document. The City shall have the right to cause the Service Provider to replace any individual functioning as Site Manger or supervisor. H. SPECIAL REQUIREMENTS Service Provider must ensure all exterior doors are locked, as necessary, while cleaning and upon leaving the buildings. All rooms which are found locked are to be relocked after cleaning. The City requires the Service Provider to turn off all lights as cleaning is completed. Cleaning Teams should remain together as much as possible to conserve power within the buildings. Security Alarms must be disarmed and armed using the correct procedures. $50 will be charged each time the Police are dispatched because the Service Provider has set off the alarm. 4. CITY SUPPLIED ITEMS A. UTILITIES The City will provide, at no cost to the Service Provider, electricity and water utilities. B. STORAGE SPACE The City will provide, at no cost to the Service Provider, limited storage space at Operation Services at 300 Laporte. Custodial closets are located in all City facilities for the storage of supplies, materials and equipment. 5. SERVICE PROVIDER OPERATIONAL REQUIREMENTS A. KEY CONTROL The Service Provider shall establish and implement adequate methods of ensuring that all keys issued to the Service Provider by the City are not lost or misplaced and are not used by unauthorized person. They shall not be marked with identifying building name. As a minimum, all such keys shall be kept in a locked key board in the office of the Service Provider. The Service Provider shall provide the City with keys necessary to open the locked key board. No keys issued to the Service Provider shall be duplicated. Access Cards and fobs will be issued in the name of the Service Provider’s custodians. City Representative to be notified immediately when a custodian is no longer an employee of the Service Provider. The fob will be canceled and reinstated in the new custodian’s name. All access fobs and keys will be furnished by the City. All lost access fobs and keys must be reported immediately to the City Representative. Fobs will be canceled in Official Purchasing Document Last updated 10/2017 Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 15 of 28 the system. There is a $30 fee for replacement of lost fobs. All lost keys will be replaced by the City, not by the Service Provider. However, the sum of $30.00 will be charged the Service Provider for each key or access fob that is lost by the Service Provider. Furthermore, if keys are lost or duplicated by the Service Provider and, in the opinion of the City, it is necessary to replace or recode locks for reasons of security, the direct cost of such replacement or recoding will be paid by the Service Provider. It is the responsibility of the Service Provider to prohibit the use of keys or fobs by persons other than those supervised by the Service Provider’s employees. It is also the responsibility of the Service Provider to prohibit the opening of locked areas by the Service Provider’s employees to permit entrance of persons other than Service Provider’s employees engaged in the performance of assigned work in those areas. B. LOST AND FOUND It shall be the responsibility of the Service Provider to instruct its staff and employees that all articles of possible personal or monetary value found by the Service Provider’s employees be turned in to the City at Operation Services at 300 Laporte. C. TIME CARDS/PAYROLL DOCUMENTATION All of Service Provider’s employees shall be required to call in or sign a time sheet at the start and end of each shift. This record shall be submitted to the City to confirm actual labor cost on invoices submitted, and in any event, shall comply with the City’s requirement for auditing Service Provider labor hours. D. PROBLEM IDENTIFICATION All supervisors will be responsible to call and leave a report for the City Representative identifying any needed repairs to the building, its furnishings, its fixtures, its mechanical equipment and other such items. Service Provider supervisors will also call when in their opinion, carpeting needs to be extracted. This information will be called in on a daily basis. If the problem is critical in nature and requires immediate action, they shall call Operations Services emergency number immediately. E. REPORTING SYSTEM The Service Provider shall maintain records adequate to reflect, in accordance with sound accounting and administrative practices, all services provided under the agreement. It shall issue such reports as the City may reasonably request, including but not limited to monthly and quarterly cumulative accounting reports. All records shall identify area-by-area and building-by-building data. At the City’s request, the Service Provider shall make all payroll records, training records, invoices for materials, and other relevant records pertinent to the contract available to the City Representative or its authorized representative for the purposes of inspection and audit of such records. Any substantive changes affecting any dimension of work performed shall be brought to the immediate attention of the City. The Service Provider shall not enter into any agreement or take any action which may interfere with the rights of the City as noted under this contract, or compromise with City’s ability to serve the needs of its physical plant, occupants, employees, management, or customers. Official Purchasing Document Last updated 10/2017 Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 16 of 28 F. SPECIFIC REPORT REQUIREMENTS 1. Daily a. The Service Provider shall maintain daily weekday contact with the City Representative. b. A list of problems found by supervisors, are to be called into City Representative’s voice mail nightly. (Emergency calls to Operations Services emergency number.) c. Work orders will be issued for cleaning complaints made by City personnel or for work requests. These shall be reviewed daily by the Service Provider for follow up and resolution. The Service Provider shall sign, date and return on or before the due date. d. A log listing the names of the Service Provider’s personnel present for work daily and the number of hours worked by each person shall be available. 2. Weekly Periodic Floor Care Reporting. The Service Provider shall log all the periodic floor care that is completed each night. This log shall be available for weekly review by the City Representative. 3. Monthly Service Provider shall be available to inspect buildings on a monthly basis with City Representative. Results will be provided to the Service Provider. Schedule 9 – A schedule 9 sheet for each building is due on the first business day of every month along with an invoice showing each building total cost. G. SAFETY AND HEALTH The Service Provider must promptly report to the City cases of death, occupational disease and injury caused by work on the job. Verbal notification must be followed by a written report describing the incident. The Service Provider must provide emergency first aid and treatment of job-related injuries in accordance with all federal, state, and local laws and the requirements of its insurance plan. H. RELIEF PERSONNEL The Service Provider shall employ an adequate quantity of on-call relief personnel not permanently assigned to the Facility who shall be pre-approved and used to complete the work assignment of absent employees normally assigned to work in a specific area. Such relief personnel may perform authorized project work when not performing routine work. These relief personnel shall not be charged against the City, directly or indirectly, including wages, benefits and/or other costs regardless of the regular or overtime hours worked, when replacing regular workers. If the Site Manager or a supervisor is absent, the Service Provider shall provide a replacement that is competent and has been given the authority to carry out the duties of the Site Manager, subject to the approval of the City. I. SOLICITING All soliciting is prohibited on the City premises by Service Provider employees. Service Provider shall inform its employees of this policy prior to their beginning work under the contract. J. ACCESS TO CITY FACILITIES Prior to beginning work under this Contract, the Service Provider must obtain a Official Purchasing Document Last updated 10/2017 Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 17 of 28 background clearance using Colorado Data Base Investigations and/or Colorado Bureau of Investigations-Crime Information Center. Also, Service Provider must check for valid documents through Homeland Security, Immigration and Custom Enforcement (ICE). An appointment must be made by the Service Provider with Operations Services, City of Fort Collins, 970-221-6610, for a City picture ID. The Service provider must bring a copy of the CBI report for City records. The City may deny clearance to any person who: • Has an active criminal arrest warrant; • Has a felony arrest or conviction; • Has a drug-related misdemeanor or drug-related petty offensive conviction • Has a non-drug-related misdemeanor or a petty offensive conviction within the past three (3) years; • Is a suspect in an active criminal investigation; • Was previously terminated from employment by the City of Fort Collins; • Is determined to be a threat to the safety of persons or property or to the confidentiality of City information. Operations Services shall provide the Service Provider with a picture identification tag for all persons given clearance. Such identification tags shall be displayed, in an easily seen manner, on all employees while working in City buildings. Identification tags and access fobs shall immediately be returned to the City Representative when the employee no longer works for the Service Provider in City Buildings. Any Service Provider employee without a properly displayed identification card is subject to immediate eviction from the City Building. The Service Provider shall provide the City with a current and complete list of the names, I.D. card numbers, address and telephone numbers of all Service Provider personnel providing services under this agreement. The Service Provider shall keep this list current and shall immediately inform the City of all personnel changes. 6. SPECIAL PROVISIONS A. TYPE OF CONTRACT The City contemplates the award of a Fixed Cost for custodial cleaning services to two to five Service Providers resulting from this process. B. DEDUCTIONS, ADJUSTMENTS AND DAMAGES The City shall have the right to assess damages for breach of the Service Provider’s obligations. The exercise of its rights shall not preclude the City’s right to terminate or revoke the Agreement. Deductions and adjustments (as a credit to the Service Provider’s invoice) are a valid right of the City. Typical deductions include, but are not limited to: - If the Service Provider fails to perform the work required to achieve the quality specifications, damages, will be assessed on the basis of the hours, wage rate costs and other costs expended by the City to achieve the quality specifications. - If the Service Provider fails to complete its responsibility per contract and results in being phased out (per its proposal), any damages which might result shall be subject to financial remedy and deduction on the basis of added costs to the City. Official Purchasing Document Last updated 10/2017 Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 18 of 28 - The Service Provider shall be held accountable and liable to the City for any damages to the City facilities, fixtures, furnishings, equipment, grounds, or personal injury to City employees, invitees, or licensees, caused by the Service Provider, its employees, or others under its charge. - The value of unaccounted for, lost, damaged or missing City equipment, materials, supplies or other property shall be deducted, at the discretion of the City. - The value of labor hours warranted, but not worked, regardless of reason. - $50.00 will be deducted each time the police or security company are dispatched to a building because the Service Provider has set off the security alarm. In addition to the above, the City shall have the right to withhold monies as a credit from any monthly payments, otherwise due to the Service Provider, as may be deemed necessary to protect the City against failure or delay in performance by the Service Provider of its obligations, without revoking or terminating the contract. 1. Equipment and Tools All mechanical equipment and tools shall have bumpers and guards to prevent marking or scratching of fixtures, furnishings, or building surfaces. Electrical equipment used by the Service Provider shall be UL approved, meet OSHA requirements, and all other safety requirements as specified in the contract. The equipment must operate using existing circuits. It shall be the Service Provider’s responsibility to prevent operation, or attempted operation, by custodial employees, or equipment or combinations of equipment which require electrical power exceeding the capacity of existing circuits. Such equipment shall be of the size and type most efficiently used for high quality work of this kind and shall meet with the approval of the City Representative. Equipment deemed by the City to be of improper design, or inadequate for the purpose intended shall be removed from the premises and replaced with satisfactory equipment at no expense to the City. 2. Cleaning Supplies A list of products used by the Service Provider and the Material Safety Data Sheets shall be submitted to the City for approval during the startup period. All listed equipment and materials are the responsibility of the Service Provider. These specific products will need to be supplied and used by the Service Provider as indicated: Accelerated hydrogen peroxide based green seal chemical with solution dispensing on the bottle is required for all surfaces. This disinfectant is to be used on all restroom and locker room surfaces. Non-ammoniated glass cleaner on tinted glass. Stainless steel cleaner on the EPIC locker room stainless fixtures only. Not on other surfaces. The following products cannot be used at the City for any maintenance purpose: pine oils, bleach, ammonia, de-scalers, lye, oven cleaners, steel wool, and powdered cleansers. Samples of additional janitorial supplies which may be recommended by the Service Provider shall be submitted to the City Representative for approval thirty (30) days prior to the contract start date, or date of intended use. The pH of any cleaning materials shall not exceed nine (9). The Contractor must use green seal, cleaning chemicals. All boxes shall be broken down and recycled. All chemical containers rinsed and recycled as appropriate. Quiet vacuums are to be used in day cleaning. Microfiber cloths and microfiber floor mops are to be used for cleaning. Official Purchasing Document Last updated 10/2017 Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 19 of 28 3. Material Safety Data Sheet The Service Provider shall submit Material Safety Data Sheets on all products prior to contract start up, in a form acceptable to the City. C. Systems Support As may be requested by the City, the Service Provider is to provide the systems and technical expertise necessary to set or redefine staffing labor and resource requirements. Those providing this support shall be experienced and competent and shall develop their recommendations on the basis of the City defined cleanliness levels. D. SERVICE PROVIDER RESOURCE RESPONSIBILITY The Service Provider shall contractually establish and provide all labor, equipment, tools, supplies, supervision, management and other resources and services necessary to achieve the cleanliness, customer satisfaction and management response specifications as defined in the Agreement. This commitment MUST include all routine, periodic, project and other tasks and frequencies needed to meet the quality specifications noted. It is intended that no project or special work is billable under this contract, except in a rare or unusual situation. And in this event, written authorization must be obtained for added billable work. The Service Provider will notify the City, with a written order, and will schedule each special project to be performed, when such work supervision falls outside the context of the agreement. E. SERVICE PROVIDER STAFFING The Service Provider shall be obligated to provide its proposed number of custodial personnel to perform the duties required in accordance with this Agreement at all times. The Service Provider shall keep on file and furnish to the City Representative a monthly report that includes a list of the names of all personnel presently working in each building and number of hours worked by each person, as certified by the Service Provider’s time records. All employees of Service Provider employed to carry out the custodial cleaning services proposed are subject to final approval by the City. All employees of the Service Provider will be required to adhere to City Security, Fire and Safety Regulations for Service Provider employees. Service Provider agrees that it will, upon notice from the City, remove any supervisor or employee who is, for any reason, unsatisfactory to the City, and replace him/her with an employee satisfactory to the City. The Service Provider shall not represent that it and its employees are either agents or employees of the City. All Service Provider personnel shall be physically able to do their assigned work. All Service Provider personnel shall be capable employees, thoroughly trained and qualified in the work assigned to them. The employee shall receive a copy of the Building Information Sheet along with appropriate training specific to the needs of the building (buildings) prior to performing the cleaning duties. A copy of the supervisor’s training record must be maintained and provided to the City in advance of employment on site. Every new employee must receive OSHA’s Hazardous Communication Program training using an established program, prior to working in any City building. The Service Provider agrees that only assigned personnel will be permitted on the City premises and no other personnel including, but not limited to salesmen, friends, Official Purchasing Document Last updated 10/2017 Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 20 of 28 relatives or minors, will be allowed on premises without prior written notice and written approval by the City. The Service Provider employees shall schedule all routine, project, and other work in such a way as not to interfere with regularly scheduled City activities and within the time constraints specified by the City. F. CUSTOMER SERVICE POLICY The Service Provider shall establish a clear Customer Service Policy which is communicated to its employees. G. SITE MANAGEMENT The Service Provider shall provide nonworking managers and supervisors to ensure the performance of the work and proper supervision of cleaning employees. These managers working hours shall be during the work hours of the custodians. The Site Manager shall demonstrate adequate knowledge of cleaning equipment, tools, chemicals, techniques, and related activities and shall be able to recognize any situations or circumstances under which the cleaning techniques defined may be improved upon. Proof of this training and knowledge is required. The City shall have the right to make minor adjustments in the tasks, areas, or employees if such minor adjustments do not cause an increase or decrease in the quality and performance targets to be achieved. It is understood that additional building space or other areas may be added, at the City’s option, utilizing the change order procedures outlined in this document. The City shall have the right to cause the Service Provider to replace any individual functioning as Site Manger or supervisor. H. SPECIAL REQUIREMENTS Service Provider must ensure all exterior doors are locked, as necessary, while cleaning and upon leaving the buildings. All rooms which are found locked are to be relocked after cleaning. The City requires the Service Provider to turn off all lights as cleaning is completed. Cleaning Teams should remain together as much as possible to conserve power within the buildings. Security Alarms must be disarmed and armed using the correct procedures. $50 will be charged each time the Police are dispatched because the Service Provider has set off the alarm. 1. CITY SUPPLIED ITEMS A. UTILITIES The City will provide, at no cost to the Service Provider, electricity and water utilities. B. STORAGE SPACE The City will provide, at no cost to the Service Provider, limited storage space at Operation Services at 300 Laporte. Custodial closets are located in all City facilities for the storage of supplies, materials and equipment. Official Purchasing Document Last updated 10/2017 Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 21 of 28 2. SERVICE PROVIDER OPERATIONAL REQUIREMENTS A. KEY CONTROL The Service Provider shall establish and implement adequate methods of ensuring that all keys issued to the Service Provider by the City are not lost or misplaced and are not used by unauthorized person. They shall not be marked with identifying building name. As a minimum, all such keys shall be kept in a locked key board in the office of the Service Provider. The Service Provider shall provide the City with keys necessary to open the locked key board. No keys issued to the Service Provider shall be duplicated. Access Cards and fobs will be issued in the name of the Service Provider’s custodians. City Representative to be notified immediately when a custodian is no longer an employee of the Service Provider. The fob will be canceled and reinstated in the new custodian’s name. All access fobs and keys will be furnished by the City. All lost access fobs and keys must be reported immediately to the City Representative. Fobs will be canceled in the system. There is a $30 fee for replacement of lost fobs. All lost keys will be replaced by the City, not by the Service Provider. However, the sum of $30.00 will be charged the Service Provider for each key or access fob that is lost by the Service Provider. Furthermore, if keys are lost or duplicated by the Service Provider and, in the opinion of the City, it is necessary to replace or recode locks for reasons of security, the direct cost of such replacement or recoding will be paid by the Service Provider. It is the responsibility of the Service Provider to prohibit the use of keys or fobs by persons other than those supervised by the Service Provider’s employees. It is also the responsibility of the Service Provider to prohibit the opening of locked areas by the Service Provider’s employees to permit entrance of persons other than Service Provider’s employees engaged in the performance of assigned work in those areas. B. LOST AND FOUND It shall be the responsibility of the Service Provider to instruct its staff and employees that all articles of possible personal or monetary value found by the Service Provider’s employees be turned in to the City at Operation Services at 300 Laporte. C. TIME CARDS/ PAYROLL DOCUMENTATION All of Service Provider’s employees shall be required to call in or sign a time sheet at the start and end of each shift. This record shall be submitted to the City to confirm actual labor cost on invoices submitted, and in any event, shall comply with the City’s requirement for auditing Service Provider labor hours. D. PROBLEM IDENTIFICATION All supervisors will be responsible to call and leave a report for the City Representative identifying any needed repairs to the building, its furnishings, its fixtures, its mechanical equipment and other such items. Service Provider supervisors will also call when in their opinion, carpeting needs to be extracted. This information will be called in on a daily basis. If the problem is critical in nature and requires immediate action, they shall call Operations Services emergency number immediately. Official Purchasing Document Last updated 10/2017 Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 22 of 28 E. REPORTING SYSTEM The Service Provider shall maintain records adequate to reflect, in accordance with sound accounting and administrative practices, all services provided under the agreement. It shall issue such reports as the City may reasonably request, including but not limited to monthly and quarterly cumulative accounting reports. All records shall identify area-by-area and building-by-building data. At the City’s request, the Service Provider shall make all payroll records, training records, invoices for materials, and other relevant records pertinent to the contract available to the City Representative or its authorized representative for the purposes of inspection and audit of such records. Any substantive changes affecting any dimension of work performed shall be brought to the immediate attention of the City. The Service Provider shall not enter into any agreement or take any action which may interfere with the rights of the City as noted under this contract, or compromise with City’s ability to serve the needs of its physical plant, occupants, employees, management, or customers. F. SPECIFIC REPORT REQUIREMENTS 1. Daily a. The Service Provider shall maintain daily weekday contact with the City Representative. b. A list of problems found by supervisors, are to be called into City Representative’s voice mail nightly. (Emergency calls to Operations Services emergency number.) c. Work orders will be issued for cleaning complaints made by City personnel or for work requests. These shall be reviewed daily by the Service Provider for follow up and resolution. The Service Provider shall sign, date and return on or before the due date. d. A log listing the names of the Service Provider’s personnel present for work daily and the number of hours worked by each person shall be available. 2. Weekly Periodic Floor Care Reporting. The Service Provider shall log all the periodic floor care that is completed each night. This log shall be available for weekly review by the City Representative. 3. Monthly Service Provider shall be available to inspect buildings on a monthly basis with City Representative. Results will be provided to the Service Provider. Schedule 9 – A schedule 9 sheet for each building is due on the first business day of every month along with an invoice showing each building total cost. G. SAFETY AND HEALTH The Service Provider must promptly report to the City cases of death, occupational disease and injury caused by work on the job. Verbal notification must be followed by a written report describing the incident. The Service Provider must provide emergency first aid and treatment of job-related injuries in accordance with all federal, state, and local laws and the requirements of its insurance plan. Official Purchasing Document Last updated 10/2017 Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 23 of 28 H. RELIEF PERSONNEL The Service Provider shall employ an adequate quantity of on-call relief personnel not permanently assigned to the Facility who shall be pre-approved and used to complete the work assignment of absent employees normally assigned to work in a specific area. Such relief personnel may perform authorized project work when not performing routine work. These relief personnel shall not be charged against the City, directly or indirectly, including wages, benefits and/or other costs regardless of the regular or overtime hours worked, when replacing regular workers. If the Site Manager or a supervisor is absent, the Service Provider shall provide a replacement that is competent and has been given the authority to carry out the duties of the Site Manager, subject to the approval of the City. I. SOLICITING All soliciting is prohibited on the City premises by Service Provider employees. Service Provider shall inform its employees of this policy prior to their beginning work under the contract. J. ACCESS TO CITY FACILITIES Prior to beginning work under this Contract, the Service Provider must obtain a background clearance using Colorado Data Base Investigations and/or Colorado Bureau of Investigations-Crime Information Center. Also, Service Provider must check for valid documents through Homeland Security, Immigration and Custom Enforcement (ICE). An appointment must be made by the Service Provider with Operations Services, City of Fort Collins, 970-221-6610, for a City picture ID. The Service provider must bring a copy of the CBI report for City records. The City may deny clearance to any person who: • Has an active criminal arrest warrant; • Has a felony arrest or conviction; • Has a drug-related misdemeanor or drug-related petty offensive conviction • Has a non-drug-related misdemeanor or a petty offensive conviction within the past three (3) years; • Is a suspect in an active criminal investigation; • Was previously terminated from employment by the City of Fort Collins; • Is determined to be a threat to the safety of persons or property or to the confidentiality of City information. Operations Services shall provide the Service Provider with a picture identification tag for all persons given clearance. Such identification tags shall be displayed, in an easily seen manner, on all employees while working in City buildings. Identification tags and access fobs shall immediately be returned to the City Representative when the employee no longer works for the Service Provider in City Buildings. Any Service Provider employee without a properly displayed identification card is subject to immediate eviction from the City Building. The Service Provider shall provide the City with a current and complete list of the names, I.D. card numbers, address and telephone numbers of all Service Provider personnel providing services under this agreement. The Service Provider shall keep this list current and shall immediately inform the City of all personnel changes. Official Purchasing Document Last updated 10/2017 Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 24 of 28 3. SPECIAL PROVISIONS A. POLICE FACILITIES – CJIS REQUIREMENTS 1. CJIS Security Compliance. a. This Agreement is contingent upon the Service Provider registering in the Colorado Bureau of Investigation (CBI) CJIS Vendor Management Program within 30 days of contract signing and obtaining and maintaining CJIS Compliance and enrollment throughout the term of the Agreement. Failure to comply with CJIS Security Policy/Compliance at any time will immediately be cause for termination of the Agreement for default with no remedy period. Note: If CBI is taking longer than 30 days to process your application, please notify FCPS security for ongoing escorting arrangements and escalation to CBI (pdsecurity@fcgov.com). Enrollment in CBI’s CJIS Vendor Management Program can be completed here: https://www.colorado.gov/pacific/cbi/cjis-vendor-management-program Forms and Detailed instructions: https://www.colorado.gov/pacific/cbi/cjis-vendor-management-program- vendor-instructions. The Service Provider is required to notify FCPS Security in writing that registration has been submitted and when registration has been completed and accepted by CBI. (pdsecurity@fcgov.com) b. Service Provider employees assigned to support the City under this Agreement will be required to be fingerprinted and subject to background check. The CBI will assign a VCP number after enrollment in the CBI CJIS Vendor Management Program. After assignment of the VCP number, contact Fort Collins Police Services to schedule fingerprinting. c. Security awareness training shall be completed as required by the CBI CJIS Vendor Management Program within six months of initial assignment and biennially thereafter, for all personnel who have access to CJI. - Level 1 CJIS Security Awareness Training is required. - CJIS Security Awareness Training certificate renewal is required every two years for each person requiring unescorted access. Note: It is the vendors responsibility to designate a Vendor Services Coordinator to manage their CJIS Online portal that will be issued by CBI to ensure the right employees are authorized to participate in the program. The Vendor Services Coordinator must notify CBI of personnel changes (onboarding/offboarding/access level changes). For example: If participating employees no longer work for the vendor, the Vendor Services Coordinator must notify the CBI's CJIS Vendor Management Group immediately (CJIS Security Policy 5.12.2). d. The Service Provider shall be solely responsible for compliance to the CBI CJIS Official Purchasing Document Last updated 10/2017 Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 25 of 28 Vendor Management Program. B. TYPE OF CONTRACT The City contemplates the award of a Fixed Cost for custodial cleaning services to two to five Service Providers resulting from this process. C. DEDUCTIONS, ADJUSTMENTS AND DAMAGES The City shall have the right to assess damages for breach of the Service Provider’s obligations. The exercise of its rights shall not preclude the City’s right to terminate or revoke the Agreement. Deductions and adjustments (as a credit to the Service Provider’s invoice) are a valid right of the City. Typical deductions include, but are not limited to: - If the Service Provider fails to perform the work required to achieve the quality specifications, damages, will be assessed on the basis of the hours, wage rate costs and other costs expended by the City to achieve the quality specifications. - If the Service Provider fails to complete its responsibility per contract and results in being phased out (per its proposal), any damages which might result shall be subject to financial remedy and deduction on the basis of added costs to the City. - The Service Provider shall be held accountable and liable to the City for any damages to the City facilities, fixtures, furnishings, equipment, grounds, or personal injury to City employees, invitees, or licensees, caused by the Service Provider, its employees, or others under its charge. - The value of unaccounted for, lost, damaged or missing City equipment, materials, supplies or other property shall be deducted, at the discretion of the City. - The value of labor hours warranted, but not worked, regardless of reason. - $50.00 will be deducted each time the police or security company are dispatched to a building because the Service Provider has set off the security alarm. In addition to the above, the City shall have the right to withhold monies as a credit from any monthly payments, otherwise due to the Service Provider, as may be deemed necessary to protect the City against failure or delay in performance by the Service Provider of its obligations, without revoking or terminating the contract. Official Purchasing Document Last updated 10/2017 Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 26 of 28 EXHIBIT B PRICING AND BUILDING INFORMATION PACKAGE #16 Weekly Cleaning Cleanable Yearly Building/Location Cleaning Time Area Custodial Freq. Sq/Ft Services Pricing Collindale Golf 7 After Hours 1,993 $19,200 Total SQ/FT 1,993 $19,200 Total Package #13 $19,200 Official Purchasing Document Last updated 10/2017 Services Agreement 8813 Custodial Services 2020 Page 27 of 28 EXHIBIT C 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 8813 Custodial Services 2020 Page 28 of 28 EXHIBIT D 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.