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HomeMy WebLinkAboutRFP - 8182 ARC RATED FLAME RETARDENT APPARELRFP- 8182 Arc Rated Flame Retardant Apparel Page 1 of 18 REQUEST FOR PROPOSAL (RFP) 8182 ARC RATED FLAME RETARDANT APPAREL The City of Fort Collins (City) is requesting proposals from qualified vendors to provide Arc Rated Flame Retardant (AR FR) apparel for Fort Collins Light & Power Division. 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, six (6) 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), November 6, 2015 and referenced as Proposal No. 8182. 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 Gordon Cromwell at (970) 221- 6514 or gcromwell@fcgov.com. Questions regarding RFP submittal or process should be directed to Jill Wilson, Buyer at (970) 221-6216 or jwilson@fcgov.com. All questions must be submitted in writing via email to Gordon Cromwell, with a copy to Jill Wilson, no later than 5:00 PM our clock on October 23, 2015. Questions received after this deadline will not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. 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. 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- 8182 Arc Rated Flame Retardant Apparel Page 2 of 18 New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Purchasing Director RFP- 8182 Arc Rated Flame Retardant Apparel Page 3 of 18 REQUEST FOR PROPOSAL (RFP) 8182 ARC RATED FLAME RETARDANT APPAREL I. SCOPE OF WORK A. Objective The City of Fort Collins (City) is requesting proposals from qualified vendors to provide Arc Rated Flame Retardant (AR FR) apparel for Fort Collins Light & Power Division. The National Fire Protection Association has recently stipulated in code NFPA 70E-2009 130.3.B that Arc Rated clothing and other Personal Protective Equipment (PPE) must be worn when employees are working with the Arc Flash Protection Boundary. The Occupational Safety and Health Administration (OSHA) has defined the maximum use limit for such clothing to be 11.1 calorie. The City estimates that about 60-80 Light & Power employees will need to be supplied with AR FR apparel annually. The City expects to enter into a Services Agreement (Agreement) with the awarded Service Provider. The anticipated terms and conditions of the Agreement are set forth in attached Exhibit “A”, Sample Services Agreement, consisting of eight (8) pages and incorporated herein by reference; however, the City may include additional terms and conditions in the Agreement as deemed necessary. In addition, at the option of the City and subject to satisfactory performance by the selected vendor, the City anticipates the Agreement to be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals are subject to annual appropriation of funds. B. Apparel Specifications AR FR apparel must comply with OSHA regulations for FR clothing. Apparel specifications, including recommended brand, apparel descriptions, size requirements and styles are referenced on a separate Excel file entitled “Pricing Schedule” that will accompany the RFP. Although the City will consider different brands, the proposed apparel must be comparable to the type and styles of apparel annotated on the Pricing Schedule. The sizing listed on the Pricing Schedule spreadsheet is not meant to be all inclusive; the Service Provider shall comply with additional sizing requirements if requested by the City. C. Ordering Process 1. For each contract term, the City will submit a Blanket Purchase Order in early January for the calendar year which will facilitate payment for the items ordered from the Service Provider within that same calendar year. 2. Service Provider will be available to provide apparel fitting/measuring of City personnel at City facility(s) for no additional cost as reasonably requested by the Fort Collins Utilities Department. It is the responsibility of the employee to try on apparel in order to ascertain proper sizing. It will be the employee’s responsibility to complete the City’s Order Form and submit it to their Supervisor for approval. Once approved, the Supervisor will submit the employee order forms to the Service Provider. A sample of the City’s Order Form is attached in the RFP under RFP- 8182 Arc Rated Flame Retardant Apparel Page 4 of 18 Section II- SAMPLE ORDER FORM. NOTE: This form may be modified at the City’s discretion. 3. For large orders, Service Provider will deliver in bulk to the City. Orders must be packaged separately by employee and labeled with the employee’s name and “Light & Power Division” (unless another division is noted on the Order Form). 4. The City reserves the right to initiate single retail purchases on an as-needed basis and the Service Provider will use the same Percent Markup provided on the Pricing Schedule. 5. For single retail purchases, the City of Fort Collins Procurement Card will be used. Presentation of the City Procurement Card at checkout will be sufficient to qualify the purchase for City contract pricing. 6. The Service Provider recognizes the possibility of online ordering in the future with the option of setting up individual City accounts. 7. The Service Provider will provide the City Representatives, Gordon Cromwell and Cheryl Wagner, with an order confirmation within twenty four (24) business hours for every order placed, which will include the estimated delivery date(s). 8. If the Service Provider is notified of a backorder from the manufacturer, the Service Provider will notify the City Representatives within twenty four (24) business hours. To mitigate delays in communicating backordered items to the City, the Service Provider is responsible for ensuring the manufacturer communicates estimated delivery dates to the Service Provider in a timely manner. D. Logos When required, the City will source City logo silkscreen or embroidery services via a third- party provider after purchase of the article from the Service Provider, at the City’s expense, unless this service is provided in-house by the Service Provider. E. Delivery 1. Unless stated otherwise by the City, shipping on all orders is to be F.O.B. destination to the City of Fort Collins Utilities Service Center Warehouse, 700 Wood Street, Fort Collins, Colorado 80521. 2. The initial bulk order must be delivered no later than January 31, 2016. 3. The Service Provider must arrange for all subsequent orders to be delivered within six (6) weeks after of receipt of order (ARO). F. Pricing 1. Service Provider will give a minimum of thirty (30) days written notice to the City of any cost increase by the manufacturer. 2. Service Provider’s Percent Markup will remain firm for the duration of the Agreement. 3. No additional cost is to be charged for oversized and/or extended sized garments. Service Provider is to make every effort to see that oversize garments are delivered in the same time frame as regular-size garments. RFP- 8182 Arc Rated Flame Retardant Apparel Page 5 of 18 G. Returns 1. Silkscreened or embroidered items serviced from a third party are non-returnable, unless there is a manufacturer’s defect in the garment. 2. In the event the manufacturer sizing is inconsistent and/or incorrectly labeled, Service Provider agrees the City can return these items for credit with no restocking charge. In such event, Service Provider will promply order replacement(s). 3. The City agrees to pay freight to return non-logo item(s) when the City ordered in error. H. Sustainability/TBL Service Provider is to ensure that all apparel supplied to the City is manufactured using Sweatshop-Free Labor. I. Cooperative Purchasing It is the intent of the City that the Service Provider extend the Agreement to other public agencies who wish to use it to the extent that their purchasing guidelines permit; to include (but not limited to) Poudre Fire Authority, Larimer County, and Poudre School District. RFP- 8182 Arc Rated Flame Retardant Apparel Page 6 of 18 II. SAMPLE ORDER FORM Carhartt Style# Sizes Size Quantity FRB100DNM 26 - 60 FRB13DNM 26 - 60 100791 24 - 60 FRB159 26 - 60 100235 XS-5XL TALLS-101670 101699 XS-5XL TALLS-102086 FRS160 XS - 5XL TALLS-101680 101028 S - 4XL TALL AVAILABLE FRK007 XS - 6XL TALL-101676 101700 S-5XL Flame-Resistant Heavyweight High-Visibility Class 3 100460 M - 6XL TALL-101679 Flame-Resistant Striped Klondike Sweatshirt 101700 S - 5XL FRK003 M - 5XL TALLS-101668 101695 XS-6XL TALLS-102091 101784 XS-6XL TALLS-101645 100493-323 S-4XL 100495-323 M-4XL 100494-323 S-2XL 100496-323 M-2XL 100503-323 M-2XL Force Color Enhanced Short-Sleeve T-Shirt Force High-Visibility Short Sleeve Class 2 T-Shirt Force Color Enhanced Long-Sleeve T-Shirt Force High-Visibility Long-Sleeve Class 3 T-Shirt High-Visibility Zip-Front Class 3 Sweatshirt EMPLOYEE NAME: DEPARTMENT: Instructions: please select size and quantity from the choices & place under correct column to the right Flame-Resistant Striped Klondike Swearshirt Hooded Zip-Front Sweatshirt Flame-Resistant High Visibility Long-Sleeve T-Shirt Flame-Resistant Striped Duck Traditional Coat Flame-Resistant Extremes Artic Coat SHIRTS Non-FR SHIRTS, FR Flame-Resistant Force Cotton Long-Sleeve T-Shirt Flame-Resistant Striped Force Cotton Long-Sleeve T-Shirt Flame-Resistant Twill Shirt with Pocket Flaps Flame-Resistant Classic Plaid Shirt Flame-Resistant Heavyweight Zip-Front Sweatshirt Carhartt Product Description PANTS, FR Flame-Resistant Signature Denim - Relaxed Fit Flame-Resistant Signature Denim Dungaree Flame-Resistant Washed Duck Work Dungaree Flame-Resistant Midweight Canvas Pant - Loose Fit RFP- 8182 Arc Rated Flame Retardant Apparel Page 7 of 18 III. SUBMITTAL REQUIREMENTS The following information must be included in the proposal and will be evaluated according to the criteria annotated in Section V of this RFP. Required proposal documents must be arranged in the order listed below. Proposals shall be limited to twenty (20) pages. The City reserves the right to reject any proposal exceeding these limits or omitting any submittal requirement. Scope of Proposal 1. Company name and address, as well as the name and contact information of the primary contact for this project, including contact’s email. 2. List the brand of apparel proposed and describe your relationship with the manufacturer. Include how you plan to guarantee continuity of supply, quality, and price throughout the life of the resulting Agreement. 3. Provide documentation that demonstrates the proposed brand of FR clothing is Arc Rated. 4. Acknowledge your consent to adhere to the Scope of Work and sample Agreement (including Insurance Requirements) outlined in this solicitation, unless otherwise noted in proposal. Assigned Personnel & Product Availability 5. Company profile to include key administrative personnel, availability to provide measurement/fitting services, customer service standards and years of experience providing the same type of service to similar sized organizations. Describe how backorders from the manufacturer will be communicated to the City. 6. Provide your proposed Implementation Schedule and ability to have 60-80 City Light & Power employees outfitted by no later than January 31, 2016 for the initial bulk order. 7. State the Order Lead Time required After Receipt of Order (ARO) on the separately attached Pricing Schedule where indicated. Sustainability/TBL Methodology 8. Include documents or website links that assure the proposed apparel is manufactured using Sweatshop-Free Labor. Cost and Work Hours 9. Using the Pricing Schedule provided in a separate Excel file please submit the Manufacturer Cost, Percent Markup and Final Delivered Cost for each item listed on the spreadsheet. If embroidery and/or silk screen services are available in-house, please include the cost per character in the specified column. RFP- 8182 Arc Rated Flame Retardant Apparel Page 8 of 18 Firm Capability 10. Provide three (3) examples of similar work conducted by project team members within the last five (5) years that can serve as references. Each example must include a brief description of the ordering process, if deliveries were on-time and in- budget. Include the name and address of each referenced company, as well as the name, title, and phone number of the referenced contact person. IV. PROPOSAL GUIDELINES The City assumes no responsibility for liability for any costs firms may incur in responding to this RFP; including attending meetings, interview sessions and/or contract negotiations. In evaluating the proposals, the City may seek information from a Proposer to clarify their proposal. In that event, Proposer must submit written and signed clarifications and such clarifications shall become part of the proposal. All proposals shall remain subject to initial acceptance ninety (90) days after the day of submittal. This RFP may be amended and/or revoked at any time prior to final execution of an Agreement with the City. Commodity Codes used for this RFP include:  20031 Hazardous Environment Clothing  20092 Work Clothes  34034 Fire Protection Clothing RFP- 8182 Arc Rated Flame Retardant Apparel Page 9 of 18 V. 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. The City reserves the right to award directly as a result of the written proposals. 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 personnel available to measure/fit City employees as needed? What is the Lead Time required to deliver the product After Receipt of Order (ARO)? Does the firm have an effective plan to timely report backorders? 1.0 Sustainability/TBL Methodology What assurances does the Vendor provide that the apparel is manufactured using Sweatshop-Free Labor? 2.0 Cost and Work Hours Does the proposal include detailed cost break-down for each cost element as applicable and are the line-item costs competitive? Do the proposed cost compare favorably with the Project Manager's estimate? 2.0 Firm Capability Does the firm have the resources, 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- 8182 Arc Rated Flame Retardant Apparel Page 10 of 18 VI. 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 vendor 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 vendor responsive to client needs; did the vendor anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge Did firm meet all the specifications annotated in the Scope of Work? RFP- 8182 Arc Rated Flame Retardant Apparel Page 11 of 18 EXHIBIT A SAMPLE SERVICES AGREEMENT (For informational purposes, do not fill in or submit with proposal) 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. Contract Period. This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 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: Attn: City of Fort Collins Attn: PO Box 580 City of Fort Collins Attn: Purchasing Dept. PO Box 580 RFP- 8182 Arc Rated Flame Retardant Apparel Page 12 of 18 Fort Collins, CO 80522 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. 5. 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. 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. RFP- 8182 Arc Rated Flame Retardant Apparel Page 13 of 18 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 RFP- 8182 Arc Rated Flame Retardant Apparel Page 14 of 18 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. 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 Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: RFP- 8182 Arc Rated Flame Retardant Apparel Page 15 of 18 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. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. RFP- 8182 Arc Rated Flame Retardant Apparel Page 16 of 18 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP- 8182 Arc Rated Flame Retardant Apparel Page 17 of 18 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- 8182 Arc Rated Flame Retardant Apparel Page 18 of 18 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.