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HomeMy WebLinkAboutRFP - 8079 SECURITY SERVICES - ARMED GUARD (2)RFP 8079 Security Services – Armed Guard Page 1 of 17 REQUEST FOR PROPOSAL 8079 SECURITY SERVICES - ARMED GUARD The City of Fort Collins is requesting proposals from qualified firms to provide an Armed Guard for the Police Department and Utilities. The City reserves the right to use this agreement for any City of Fort Collins future services. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, five (5) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), March 19, 2015 and referenced as Proposal No. 8079. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the bid should be directed to Lisa Robles, Project Manager - Police, at (970) 221-6838 or lrobles@fcgov.com and/or Lori Clements, Project Manager - Utilites at (970) 221-6396 or lclements@fcgov.com. Questions regarding bid submittal or process should be directed to John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 or jstephen@fcgov.com. All questions must be submitted in writing via email to Lisa Robles and/or Lori Clements, with a copy to John Stephen, no later than 5:00 PM our clock on March 11, 2015. Questions received after this deadline will not be answered. A copy of the RFP may be obtained at www.rockymountainbidsystem.com. The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the 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 8079 Security Services – Armed Guard Page 2 of 17 Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Director of Purchasing & Risk Management RFP 8079 Security Services – Armed Guard Page 3 of 17 8079 SECURITY SERVICES - ARMED GUARD INTRODUCTION The City of Fort Collins is requesting proposals from qualified firms to provide an Armed Guard for the Police Department and Utilities. The City reserves the right to use this agreement for any City of Fort Collins future services. RFP SCHEDULE • Final Day for Questions: March 11, 2015 (5:00 pm) • Proposals Due: March 19, 2015 (3:00 pm) • Shortlist by: April 2, 2015, 2014 • Interviews: April 8, 2015, 2014 The project schedule dates listed in italics above are approximate and may change. The Armed Guard will start service April 15, 2015. This is a one year agreement and at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. SCOPE OF WORK FOR POLICE SERVICES The duties and responsibilities of an armed guard is a position at Fort Collins Police Services. This position will be staffed by a private, armed, uniformed and non-sworn officer who will be stationed at the front desk in the lobby area of the police services building. The front desk will be staffed from 0800 to 2000, Monday – Friday and 0800 to 1800 Saturday and Sunday. SUPERVISORY RESPONSIBILITY The Armed guard position will report to and be evaluated by the Records Division Manager. ESSENTIAL DUTIES AND RESPONSIBILITIES The armed guard's duties include directing incoming pedestrian traffic to other portions of the facility as well as answering their questions. The armed guard is also responsible for the electronic security of police services and will grant and direct electronic access to the officers, visitors and customers of the Agency. While monitoring the building security system and cameras, the armed guard will keep surveillance over officers with prisoners in the sally port, booking and lock-up areas and report any suspicious activities to the communications center. The armed guard is also responsible for answering an internal business line as well as nonemergency phone calls from the public. The armed guard will also assist with scheduling and performing VIN checks for the Department. The armed guard will conduct all activities in accordance with the Agency’s Mission and Values, Rules, Regulations, General Directives which is available for viewing upon request. NECESSARY KNOWLEDGE, SKILLS AND ABILITIES The armed guard must have the ability to effectively meet and interact with the public and communicate in a professional manner both verbally and in writing along with the ability to handle stressful situations. It is preferred but not required that the armed guard be proficient in RFP 8079 Security Services – Armed Guard Page 4 of 17 Spanish. The armed guard must have a working knowledge of intercom systems, security systems, computers and Microsoft and Windows operating systems. The armed guard must process a working knowledge of emergency services practices and use of mobile land radio. PHYSICAL DEMANDS The physical demands here are representative of those that must be met by an Armed guard to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the Armed guard is frequently required to sit and/or talk and hear. The Armed guard is required to walk and stand for lengthy periods of time. The Armed guard is frequently required to use hands to fingers, handle or feel objects, tools or controls; and to reach with hands and arms. The Armed guard must occasionally lift and/or move up to twenty five (25) pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an Armed guard encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually quiet, but will include periods of loud tones and pedestrian traffic from numerous radios and phones at once. SPECIAL REQUIREMENTS The Armed guard must have had a background check completed by the security agency going back five (5) years. Additionally, a copy of the completed background check will be provided to the Records Manager to review prior to placement with Fort Collins Police Services. Armed guards must not ever have been convicted of a felony. Those convicted of other crimes will only be used upon approval of Fort Collins Police Services. All personnel recommended for placement at Fort Collins Police Services will be given a limited background check by a member of the Fort Collins Police Services and those that are selected for the armed guards position will be required to take a urinalysis test prior to being hired, unless these tests are completed by the security company prior to employment. If so, then the results of this test will be provided to the Records Manager prior to placement with Fort Collins Police Services. The Armed guards must be Colorado P.0.S.T. (Peace Officer Standards and Training) certified as a peace officer. Armed guards assigned to the position must carry firearms and be trained by the security agency on their use. Each guard must re-qualify with the firearm twice per year and the qualification records made available to Fort Collins Police Services. All training records must be forwarded to the Records Manager within two weeks after the training has taken place. Armed guard must be trained and hold a current certification in American Red Cross first aid and Cardio Pulmonary Resuscitation, or an equivalent. Certification records must be made available to Fort Collins Police Services prior to placement. Armed security guards must read and write the English language to enable them to maintain a daily log of events when working. Security guards must possess good interpersonal and customer service skills. RFP 8079 Security Services – Armed Guard Page 5 of 17 Armed guards working at the City of Fort Collins must wear an approved uniform which clearly identifies their official capacity at all times while on duty. Their appearance will be neat and professional at all times. Uniforms and all personal security guard equipment, including weapons and handcuffs will be provided by the successful security agency. All uniforms and personal security guard equipment, including weapons and handcuffs must be approved by Fort Collins Police Services. The Fort Collins Police Services prefers the security agency to be currently staffing two (2) other law enforcement agencies in Colorado, and be performing like duties in those agencies. A reference list of where these duties are currently being performed must be submitted to Fort Collins Police Services with the bid for review. The security agency must provide Worker’s Compensation insurance to the security guards. The security agency is responsible for compliance with all federal and state wage and labor laws. The security agency is responsible for ensuring that the staffing requirements are fulfilled. If they are not, the agency must reimburse The City of Fort Collins for costs incurred if Fort Collins Police Services personnel must be used. The security agency must agree to work under the administrative control of Fort Collins Police Services and Fort Collins Utilities. The security personnel working the Armed guard position should be permanently assigned, when practical. SCOPE OF WORK UTILITIES Utilities Customer Service Division located at 117 N. Mason Street. The Service Provider shall be primarily assigned to maintain a presence in the front lobby where customers are served, however Service Provider shall also provide security services for the exterior perimeter of the building. Duties and responsibilities include: • Providing professional armed building security for Fort Collins Utilities Customer Service Division located at 117 N. Mason St. from 8 a.m. through 5 p.m. Mondays, Tuesdays, Thursdays and Fridays, and from 10 a.m. through 5 p.m. Wednesdays, excluding holidays as observed by the City of Fort Collins and/or when the City offices are officially closed due to inclement weather or other circumstances. Extended coverage may be requested on an as required basis. • “Building” security is primarily focused on the front lobby, which includes two counters at which customers are served and one unstaffed counter. However, security shall be provided by Service Provider as requested throughout the 117 N. Mason St. building and the exterior perimeter of the building. There is customer parking to the south of the building, an alley to the west, lawn/park to the north and Mason Street to the east. The City will provide the officers an orientation to the facility upon assignment. • Security officers must wear a uniform which clearly identifies their official capacity at all times while on duty. Uniforms and all personal security guard equipment, including weapons, phone and handcuffs, will be provided by the Service Provider. Uniforms are subject to approval by the City. RFP 8079 Security Services – Armed Guard Page 6 of 17 • Security officers are expected to present a clean, professional demeanor at all times and refrain from excessive interaction with employees or customers. Security officers are expected to interact with the public and communicate in a professional manner. Officers will monitor and assist Customer Service staff with disgruntled customers as needed or requested by Customer Service personnel using the term, “Officer.” Officers must have the ability to contact Fort Collins Police Services immediately. • All assigned security officers must carry a firearm and be trained by the Service Provider on their use. Each security officer shall re-qualify with the firearm at least twice per year and the qualification records shall be made available upon request by the City. • A one-hour lunch and two 15-minute breaks are allowed; preferably, the security guard remains onsite (inside or outside at 117 N. Mason St.) during these break times. • The security officer will report to and be evaluated by the Customer Finance Manager and/or Customer Support Manager or their designees. For consistency and training, the Service Provider will endeavor to be consistent with officer(s) assignment to the City with trained backup(s). • A report including a time log of shift events must be submitted by the Service Provider to the Customer Finance Manager or Customer Support Manager on a weekly basis. The report should include a summary of activities and details about any unusual incidents that occurred during the week. All emergencies should be reported immediately to Fort Collins Police Services and Customer Finance Manager or Customer Support Manager (or other supervisors if necessary). • From time to time, incidents may occur that require the security officer to contact Fort Collins Police Services. In such event, a police case number shall be included on the weekly report and a copy of any incident report completed by the security officer. Items that must be reported to the police include, but are not limited to, the following: any physical altercations, any verbal altercations that involve threats or physical harm, any display of a weapon or threat to use a weapon, and any request from the Customer Service Managers, supervisors or leads. Fort Collins Police Services will decide whether the incident warrants dispatching an officer. • In the future, the Service Provider may be required to pick-up and deliver a cash bag from one Utilities location to 117 N. Mason St. first thing in the morning. SUBMITTAL REQUIREMENTS All respondents are required to include the following information in the submittal as a minimum. 1. Project Understanding: Provide a brief summary of your understanding of the work, including experience, guard training, and knowledge of required service. 2. Team Profile: Provide relevant information regarding the team you propose to work on this project including: a. Overview of firm(s) b. Example of recent and relevant projects with location and reference contacts c. People (availability, commitment) d. Proposed team organization (org chart) of key personnel with titles and specific tasks RFP 8079 Security Services – Armed Guard Page 7 of 17 3. Costs: Provide hourly and weekly costs for one armed guard to be used at both locations. A maximum number of 10 double-sided pages (20 pages total) are allowed for this proposal. All sheets except resumes and samples of work are included in this total. Total maximum of pages is limited to 30 double-sided pages. REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top rated firms may be conducted. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? 2.0 Cost and Work Hours Does the proposal included detailed cost break-down for each cost element as applicable and are the line- item costs competitive? Do the proposed cost and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required by each project task or phase? 2.0 Firm Capability Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on-time and in- budget? Has the firm successfully completed previous projects of this type and scope? RFP 8079 Security Services – Armed Guard Page 8 of 17 Definitions Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition of Andrew Savitz for TBL is that it “captures the essence of sustainability by measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” REFERENCE EVALUATION (TOP RATED FIRM) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 8079 Security Services – Armed Guard Page 9 of 17 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) page , and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Service Provider mailed no later than ninety (90) days prior to contract end. 5. Contract Period. [Option 2] This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 6. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then 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 RFP 8079 Security Services – Armed Guard Page 10 of 17 Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 7. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 8. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, ($ ) as per the attached Exhibit " ", consisting of page , and incorporated herein by this reference. 9. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 10. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work RFP 8079 Security Services – Armed Guard Page 11 of 17 of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 14. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 15. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable RFP 8079 Security Services – Armed Guard Page 12 of 17 attorney fees and costs incurred because of the default. 17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 18. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 19. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 20. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and RFP 8079 Security Services – Armed Guard Page 13 of 17 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: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. RFP 8079 Security Services – Armed Guard Page 14 of 17 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of ( ) pages, attached hereto and incorporated herein by this reference. RFP 8079 Security Services – Armed Guard Page 15 of 17 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ RFP 8079 Security Services – Armed Guard Page 16 of 17 EXHIBIT INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. RFP 8079 Security Services – Armed Guard Page 17 of 17 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.