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HomeMy WebLinkAboutRFP - 8478 INTEGRATED PEST MANAGEMENT & MOSQUITO CONTROLRFP 8478 Integrated Pest Management and Mosquito Control Page 1 of 16 REQUEST FOR PROPOSAL 8478 INTEGRATED PEST MANAGEMENT AND MOSQUITO CONTROL The City of Fort Collins (City) is requesting proposals from qualified firms to provide various mosquito control services and related integrated pest management program 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, 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), March 6, 2017 and referenced as Proposal No. 8478. 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 Matthew Parker at (970) 416- 2433 or mparker@fcgov.com. Questions regarding bid 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 Matthew Parker, with a copy to Jill Wilson, no later than 5:00 PM our clock on February 22, 2017. 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. Commodity Code used for this RFP: 98872 Pest Control (Other Than Buildings) (Includes Spraying of Trees and Shrubs) 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 8478 Integrated Pest Management and Mosquito Control Page 2 of 16 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. 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 8478 Integrated Pest Management and Mosquito Control Page 3 of 16 REQUEST FOR PROPOSAL (RFP) 8478 INTEGRATED PEST MANAGEMENT AND MOSQUITO CONTROL I. SCOPE OF SERVICES A. INTRODUCTION The selected Service Provider will work closely with City staff to administer mosquito control services, perform data collection and reporting, and provide certain public relations functions. The program will service a geographic area including the City and an appropriate buffer area surrounding the City. The program area is expected to be approximately 109 square miles; however, the size and scope of the program may be subject to change throughout the term of the agreement. The Service Provider must be licensed to provide Public Health Mosquito control services in the State of Colorado, and be able to demonstrate they have the capacity and experience to provide the requested services as outlined below. The City anticipates that the selected Service Provider will utilize an Integrated Pest Management approach to mosquito control. Additionally, preference will be given to providers able to make aerial larvicide applications in specific difficult to access lands within the geographic service area. At the City’s sole discretion, the City may contract with another Service Provider for aerial applications for wetland areas in excess of 5 acres if the selected Service Provider is unable to provide aerial applications. As part of the City’s commitment to sustainability, usage of alternative fuel vehicles is also encouraged. Service Provider must be able to start May 1, 2017. 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 this reference; however, the City may include additional terms and conditions in the Agreement as deemed necessary. The Scope of Services will be incorporated in the Agreement, subject to contract negotiations (if applicable). B. SERVICE PROVIDER TASKS 1. Survey & Mapping Services 1.1. Survey land within the larval control area (approximately 109 square miles) to identify and map mosquito breeding sites. 1.2. Develop and maintain mosquito control service related information in GIS form. 1.3. Provide GISD maps indicating mosquito breeding sites and larval control activity. 2. Mosquito Breeding Site Inspection & Larviciding Services 2.1. Inspect Mosquito breeding sites with appropriate frequency to determine the need to apply larvicide to control mosquitoes. RFP 8478 Integrated Pest Management and Mosquito Control Page 4 of 16 2.2. Apply larvicide as needed through the mosquito control season. The City expects that approximately 2000 acres within the larval control area will require application of larvicide on an on-going basis throughout the mosquito control season. Larvicide treatments may be applied through a variety of appropriate methods. 2.3. Provide periodic follow-up inspections of larvicide applications to ensure quality control. 2.4. The site inspection and larviciding season will begin and end as determined by weather patterns and mosquito biology, but generally will begin around mid-May and will terminate around mid-September each year. 3. Adult Mosquito Surveillance Services 3.1. Design and conduct an on-going mosquito surveillance program utilizing CDC Light Trapping and Reiter Gravid Trapping methods. 3.2. Provide Laboratory Species Identification services. 3.3. Provide mosquito samples to the State and/or CSU for WNV testing as necessary. 3.4. The mosquito trapping and testing season will begin and end as determined by weather patterns and mosquito biology, but generally will begin around mid-June and will terminate around mid-September each year. 3.5. Upon request from City staff, incorporate additional surveillance and reporting methods to track the presence and abundance of mosquito species associated with Zika virus. 4. Public Relations & Education Services 4.1. Accept calls from the general public regarding possible mosquito breeding site locations and mosquito control services and address general issues on an on-going basis. 4.2. Provide information to the news media regarding the mosquito control issues as requested and approved by the City. 4.3. Provide a minnow program as a non-pesticide larva control option for ornamental ponds. 4.4. Conduct on-site inspection and consultation for public Backyard Inspection Program. 4.5. Conduct on-site inspection and consultation services to businesses seeking registration in the Adulticiding Business Opt-Out program. 4.6. Provide technical expertise during off-season meetings with the Technical Advisory Committee and/or public meetings. 5. Reports 5.1. Provide the City with on-going status reports including: 5.1.1. Weekly surveillance trap reports including trap counts; 5.1.2. Monthly larviciding activity reports; 5.1.3. Monthly telephone call log reports; and 5.1.4. Monthly summary reports 5.2. Provide the City with an Annual Report summarizing the mosquito control program activity for the year at the conclusion of the mosquito control season. 5.3. Provide the City with an annual report detailing the GPS locations of the larval sites. RFP 8478 Integrated Pest Management and Mosquito Control Page 5 of 16 5.4. Provide the City with an annual report detailing the location of the surveillance network including GPS locations and a physical description. 6. Public Health Emergency Adulticiding Services 6.1. Demonstrate the capacity to provide Public Health Emergency Truck-based ULV Adulticiding and any required safety related escort provisions, in the event such services are required, as determined by the City. 6.2. Contract with a security provider to provide escort services during adulticide applications, if needed. II. TIMELINE The following is a proposed timetable developed for this RFP and may be subject to change. ITEM: DATE: Questions due to the City February 22, 2017 at 5:00 P.M. (our clock) Submittal Deadline March 6, 2017 at 3:00 P.M. (our clock) Interviews (at the City’s option) Week of March 20th, 2016 Contract Signing First week in April, 2017 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 and numbered 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. Acknowledge consent to adhere to the Scope of Services and sample Agreement (including Insurance Requirements) by completing and submitting the Vendor Statement, attached and incorporated herein on page 8. 2. Provide a brief description of your experience and history providing similar services. Detail your approach to providing Integrated Pest Management services, relating it to the six Tasks in the Scope of Services. 3. Include a statement on your ability and availability to provide aerial larvicide application services. 4. Confirm your firm is licensed to provide Public Health Mosquito control services in Colorado. Assigned Personnel 5. Provide a list of key personnel who will be involved, their roles and availability to administer services. Availability 6. State if your firm can commence services by May 1, 2017. RFP 8478 Integrated Pest Management and Mosquito Control Page 6 of 16 Sustainability 7. State if your firm utilizes alternative fuel vehicles and indicate what tasks they are used for. Cost and Work Hours 8. State the total annual cost to provide services defined in this RFP. Include an hourly cost rate by task and a list of reimbursement rates that would be associated with the services. If your firm utilizes aerial applications, please provide both mobilization costs and per acre larvicide application costs. Firm Capability 9. Provide three (3) examples of your firm’s experience in providing comparable services that can serve as references. Each example must include a brief description of the services provided. Include the name and address of each referenced company, as well as the name, title, email and phone number of the referenced contact person. IV. PROPOSAL GUIDELINES The City assumes no responsibility or liability for any costs firms may incur in responding to this RFP; including attending meetings, interview sessions and/or contract negotiations. This RFP may be amended and/or revoked at any time prior to final execution of an Agreement with the City. 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. At the option of the City, interviews may be conducted for the highest ranked firms following evaluation of written proposals. Firms invited to interview will be requested to interview on- site on a date specified by the City. An anticipated timeline is annotated in Section II of this RFP. V. REVIEW AND ASSESSMENT Firms will be evaluated using on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 3.0 Scope of Proposal/Deliverables Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and deliverables required by the project? Are there any exceptions to the Scope of Services or Agreement? RFP 8478 Integrated Pest Management and Mosquito Control Page 7 of 16 1.0 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 target start date be met? 1.0 Sustainability/TBL Methodology Does the firm use any alternate fuel vehicles in their work? 2.0 Cost and Work Hours Does the proposal include detailed cost break-down for each cost element as applicable and are the costs competitive? Do the proposed cost and work hours 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 meet service schedules? Has the firm successfully completed previous projects of this type and scope? 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 Service Provider again? Did they show the skills required by this project? Timetable Was the original Scope of Services completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Service Provider responsive to client needs; did the Service Provider anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Services completed within the project budget? Job Knowledge Were problems corrected quickly and effectively? RFP 8478 Integrated Pest Management and Mosquito Control Page 8 of 16 VENDOR STATEMENT I have read and understand the specifications and requirements for RFP 8478 and I agree to comply with such specifications and requirements. I further agree that the method of award is acceptable to my company. I also agree to complete a Services Agreement and will submit required insurance certificates to the City of Fort Collins (City) within fifteen (15) days of notice of award. I understand that if the contract is not completed and signed within 15 days, the City reserves the right to cancel and award to the next highest ranked firm. FIRM NAME: ADDRESS: CITY, STATE, ZIP: PHONE: CONTACT’S NAME: SIGNATURE: TELEPHONE: CELL: EMAIL: RFP 8478 Integrated Pest Management and Mosquito Control Page 9 of 16 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. 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. 3. 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. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 4. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 5. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least 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: RFP 8478 Integrated Pest Management and Mosquito Control Page 10 of 16 Service Provider: City: Copy to: Attn: City of Fort Collins Attn: Matt Parker 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. 6. 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. 7. 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. 8. 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. 9. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Scope of Services, 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. 10. 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. 11. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the RFP 8478 Integrated Pest Management and Mosquito Control Page 11 of 16 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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 RFP 8478 Integrated Pest Management and Mosquito Control Page 12 of 16 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. 17. 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. 18. 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. 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 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 RFP 8478 Integrated Pest Management and Mosquito Control Page 13 of 16 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 - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by reference. RFP 8478 Integrated Pest Management and Mosquito Control Page 14 of 16 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 8478 Integrated Pest Management and Mosquito Control Page 15 of 16 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, Vehicle and Professional 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 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 8478 Integrated Pest Management and Mosquito Control Page 16 of 16 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.