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HomeMy WebLinkAbout585120 CODE 4 SECURITY SERVICES LLC - CONTRACT - RFP - 8596 SECURITY SERVICESOfficial Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8596 Security Services Page 1 of 15 SERVICES AGREEMENT WORK ORDER TYPE 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 CODE 4 SECURITY SERVICES LLC hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for 8596 Security Services. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit A, consisting of one (1) page and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. A general scope of services is attached hereto as Exhibit B, consisting of three (3) pages, and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit C, consisting of one (1) page and incorporated herein by this reference. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without DocuSign Envelope ID: F341176C-4BA1-4B33-8F30-B85E63E5CA14 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8596 Security Services Page 2 of 15 waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence December 7, 2017 and shall continue in full force and effect until December 6, 2018, 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 four (4) 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. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is 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. 6. Early Termination by City/Notices. 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 mailed 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 address: Service Provider: City: Copy to: Code 4 Security Services LLC Attn: Chris Villalpando 1001 E. Harmony Rd. Suite A-21 Fort Collins, CO 80525 City of Fort Collins Attn: Kevin Plaisance 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 termination date, 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. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit D, consisting of one (1) page, and incorporated herein by this reference. DocuSign Envelope ID: F341176C-4BA1-4B33-8F30-B85E63E5CA14 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8596 Security Services Page 3 of 15 Payment shall be made by the City only upon acceptance of the work by the City. Payment terms for undisputed invoices shall be Net 10 days from the date of receipt of the invoice through September 30, 2018. Payment terms for undisputed invoices shall be Net 30 days from the date of receipt of the invoice from October 1, 2018 through the duration of this Agreement. 9. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 10. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 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 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 under the Agreement or of any cause of action arising out of the 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 DocuSign Envelope ID: F341176C-4BA1-4B33-8F30-B85E63E5CA14 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8596 Security Services Page 4 of 15 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 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 representative, 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 E, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service DocuSign Envelope ID: F341176C-4BA1-4B33-8F30-B85E63E5CA14 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8596 Security Services Page 5 of 15 Provider before commencing services hereunder shall deliver to the City's Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the city. 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. This Agreement shall be governed in all respect by the laws of the State of Colorado. 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 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 DocuSign Envelope ID: F341176C-4BA1-4B33-8F30-B85E63E5CA14 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8596 Security Services Page 6 of 15 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. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit F - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: F341176C-4BA1-4B33-8F30-B85E63E5CA14 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8596 Security Services Page 7 of 15 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: CODE 4 SECURITY SERVICES LLC By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: F341176C-4BA1-4B33-8F30-B85E63E5CA14 12/13/2017 Chris Villalpando Owner Assistant City Attorney 12/13/2017 City Clerk Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8596 Security Services Page 8 of 15 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND CODE 4 SECURITY SERVICES LLC WORK ORDER NUMBER: PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) DocuSign Envelope ID: F341176C-4BA1-4B33-8F30-B85E63E5CA14 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8596 Security Services Page 9 of 15 EXHIBIT B SCOPE OF SERVICES I. SCOPE OF SERVICES Service Provider shall conduct one or more routine patrols of City facilities on a daily basis, and may perform both interior and/or exterior checks. Service Provider shall also be on-call to respond to alarms, provide security at special events and specific job sites, and escort City employees to their vehicles after business hours as requested. Service Provider shall provide City facilities with all phases of protection, including, but not limited to: guarding the premises against fire, theft, pilferage, malicious injury, trespassing, damage and destruction; and ensuring the safety of both City employees and patrons. The safety of City employees and the patrons utilizing the facility is ranked as the primary importance of this service. Any emergencies should be reported immediately to the police. Emergency circumstances may include but are not limited to: theft, personal injury, property damage or any other illegal activity. Service Provider shall report all police contact to the Project Manager the next business day. The City reserves the right to add or remove service based on operational needs. Additional service shall be provided at the hourly rate agreed upon in this contract. Other City departments may request to use this agreement. II. SPECIFICATIONS Service Provider shall adhere to the below specifications: A. Background Checks & Testing Security Officers must have a background check by the agency going back five (5) years. Security Officers must never have been convicted of a felony. Service Provider must require a physical and urine analysis testing before hiring. Prior to assigning an individual to provide security services under this Agreement, the Service Provider must review each individual’s background check. In the event that a background check raises questions about the trustworthiness, fitness for provision of services under this Agreement, competence or suitability of any individual working with members of the general public, such individual shall not be employed in connection with the services or activities required. The City reserves the right to review background checks for individuals assigned to provide services under this Agreement. Violation of this specification will be grounds to terminate services with the Service Provider. The City reserves the right, at its sole discretion, to preclude any of the Service Provider’s managers, supervisors or employees from providing services under this contract. B. Training It is the City’s discretion to use armed and/or unarmed Security Officers for security DocuSign Envelope ID: F341176C-4BA1-4B33-8F30-B85E63E5CA14 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8596 Security Services Page 10 of 15 services. Armed Security Officers must complete Colorado Peace Officer Standards and Training (POST) qualifications. Security Officers must be trained and be kept current in American Red Cross first aid and C.P.R., or equivalent. C. Written and Oral Language Security Officers must read and write the English language to enable them to communicate via email and in written form, and to converse with the public and staff. D. Uniforms Security Officers must wear an approved uniform at all times while on duty, which clearly identifies their official capacity. Their appearance must be neat and professional. Uniforms will be supplied and maintained by Service Provider. E. Contact Information and Methods Service Provider must provide a smartphone with camera and email features for Security Officers. The smartphone number must be given to the Project Manager for the City. The smartphone camera will be used to document criminal and nuisance behavior and that information provided to the City’s Project Manager as necessary. Security Officers must return phone messages and e-mail messages within 24 hours except for in an emergency, when calls and messages are to be responded to immediately. F. Work Order Procedures Work performed will be authorized by Work Order and subsequent Purchase Order, issued by the appropriate department(s). This is not an exclusive contract and the City reserves the right to independently seek proposals/quotes on any project, rather than issuing a Work Order to the Service Provider. The Service Provider shall provide all personnel, equipment and supplies necessary to complete the services set forth in the scope of work. Total project time, personnel, hourly rates, and expenses will be detailed as part of the project Work Order for each individual project. G. Current Standards Service Provider must provide the proper amount of Worker's Compensation Insurance to security personnel. Service Provider is responsible for compliance with all federal and state wage and labor laws. Service Provider must be familiar with OSHA (Occupational Safety and Health Act) and operate within those guidelines. All work and/or materials must meet current standards in force by recognized technical and professional societies, trade and materials supply associations, institutes and organizations, bureaus and testing laboratories, and national, federal, state, county, and local laws, codes and ordinances. H. Personnel Requirements Security Officers assigned to any of the City facilities may have contact with patrons and/or City employees. The individuals assigned must possess good interpersonal and customer service skills. They should be comfortable and proficient working with a diverse population. They should be skilled at de-escalating potential conflicts. Security Officer must be at least twenty-one (21) years of age. Possessions of a valid Colorado driver’s license and a high school diploma or G.E.D. (General Equivalency DocuSign Envelope ID: F341176C-4BA1-4B33-8F30-B85E63E5CA14 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8596 Security Services Page 11 of 15 Diploma) are preferred. Security Officers servicing this contract shall be in good physical health and fully capable of performing normal or emergency duties requiring moderate to arduous physical exertion such as standing or walking for an entire shift, climbing stairs, running, and self- defense. In addition, persons servicing this contract will be competently and thoroughly trained to perform their duties. Service Provider must provide personnel to cover the duties in the event of an illness or emergency. Service Provider will be responsible for removal of personnel servicing this contract who do not meet or perform in accordance to the requirements in this contract. When new Security Officers are assigned, the Service Provider must ensure they receive appropriate training from the City’s Project Manager. I. Communication The City will provide one Project Manager as a point of contact for the services to be provided. It is expected that the Service Provider provide one contact as well. Communication between the two will be expected on a weekly basis at the beginning of the agreement. As agreed upon, the two parties may reduce the frequency of these communications. J. Emergency Situations From time to time, incidents may occur that require the security officer to contact the Fort Collins Police Department (FCPD). When FCPD is contacted, a police case number must be included on the daily report and any incident report that is completed by the security officer. Items that must be reported to the police include, but are not limited to, the following: 1) When a vehicle is damaged by either another vehicle or vandalism. 2) Any sort of physical altercations. 3) Any verbal altercations that involve threats of physical harm. 4) Any display of a weapon, or threat to use a weapon. 5) Vandalism to City structures or any of the equipment. Graffiti would be excluded unless the responsible person has been detained. 6) Contact with an inebriated individual. If a crime has been committed on City property, the police should be notified. They will make the judgment as to whether the incident warrants dispatching an officer. K. Reporting and Invoicing Security Officers must maintain a time log of shift events, as well as prepare reports including a summary of activities on the rounds, and details of any unusual incidents that occur during the shift. Service Provider should utilize a database containing such information that is accessible by the City’s Project Manager and other necessary personnel as needed. Service Provider shall report all absences or time lost to the Project Manager in writing, no later than 24 hours after the occurrence. For dates of services performed through September 30, 2018, Service Provider shall invoice the City on a bi-monthly basis. For dates of service performed October 1, 2018 through the duration of this Agreement, Service Provider shall invoice the City on a monthly basis. Invoices shall be itemized by date, officer and hours. DocuSign Envelope ID: F341176C-4BA1-4B33-8F30-B85E63E5CA14 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8596 Security Services Page 12 of 15 EXHIBIT C CHANGE ORDER NO. PROJECT TITLE: SERVICE PROVIDER: Code 4 Security Services LLC WORK ORDER NUMBER: PO NUMBER: DESCRIPTION: 1. Reason for Change: Why is the change required? 2. Description of Change: Provide details of the changes to the Work 3. Change in Work Order Price: 4. Change in Work Order Time: ORIGINAL WORK ORDER PRICE $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) DocuSign Envelope ID: F341176C-4BA1-4B33-8F30-B85E63E5CA14 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8596 Security Services Page 13 of 15 EXHIBIT D FEE SCHEDULE The City shall pay the Service Provider based on the below rates. • Patrol Security: $12 per patrol stop • Unarmed Security Staff: $20 per guard per hour • Armed Security Staff: $25 per guard per hour • Emergency Call-outs: $30 per hour The following holidays will be billed at time and a half rate: • New Year’s Eve • New Year’s Day • Memorial Day • Easter • Independence Day • Labor Day • Thanksgiving Day • Christmas Eve • Christmas Day DocuSign Envelope ID: F341176C-4BA1-4B33-8F30-B85E63E5CA14 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8596 Security Services Page 14 of 15 EXHIBIT E 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. DocuSign Envelope ID: F341176C-4BA1-4B33-8F30-B85E63E5CA14 Official Purchasing Document Last updated 10/2017 Service Agreement – Work Order Type 8596 Security Services Page 15 of 15 EXHIBIT F 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. DocuSign Envelope ID: F341176C-4BA1-4B33-8F30-B85E63E5CA14