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HomeMy WebLinkAbout509867 COPRO EFP LLC - CONTRACT - RFP - 8801 POUDRE FIRE AUTHORITY UNIFORMSOfficial Purchasing Document Last updated 10/2017 Services Agreement - PFA 8801 Poudre Fire Authority Uniforms Page 1 of 15 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City", as agent, on behalf of the POUDRE FIRE AUTHORITY (PFA), and COPRO EFP, LLC, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of six (6) pages and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. Contract Period. This Agreement shall commence April 1, 2019 and shall continue in full force and effect until March 31, 2020, unless sooner terminated as herein provided. In addition, at the option of the City and/or PFA, 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. 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 and PFA 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 and/or PFA 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: CoPro EFP, LLC Attn: Daren Greening PO Box 1444 Eastlake, CO 80614 Poudre Fire Authority Attn: Murray Anduss 102 Remington Street Fort Collins, CO 80524 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the and/or PFA, the Service Provider shall be paid for DocuSign Envelope ID: F6477F5F-2894-4370-B430-F9F28E13EAC6 Official Purchasing Document Last updated 10/2017 Services Agreement - PFA 8801 Poudre Fire Authority Uniforms Page 2 of 15 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 and/or PFA shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, as per the attached Exhibit B, consisting of one (1) page, and incorporated herein by this reference. 6. City Representative. The and/or PFA 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 and/or PFA 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 or the Poudre Fire Authority. The City and/or PFA 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 and/or PFA, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City and/or PFA), 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 and/or PFA, nor will it obligate the City and/or PFA 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 and/or PFA to the same extent as the work of the Service Provider. 9. Personal Services. It is understood that the City and PFA enter 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 and/or PFA. 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 and/or PFA under this Agreement or cause of action arising out of performance of this Agreement. 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 DocuSign Envelope ID: F6477F5F-2894-4370-B430-F9F28E13EAC6 Official Purchasing Document Last updated 10/2017 Services Agreement - PFA 8801 Poudre Fire Authority Uniforms Page 3 of 15 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 and/or PFA. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City and/or PFA -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 and/or PFA 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 and/or PFA. 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 and/or PFA, their 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 DocuSign Envelope ID: F6477F5F-2894-4370-B430-F9F28E13EAC6 Official Purchasing Document Last updated 10/2017 Services Agreement - PFA 8801 Poudre Fire Authority Uniforms Page 4 of 15 shall provide and maintain insurance coverage naming the City and PFA as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 16. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. Prohibition Against 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 DocuSign Envelope ID: F6477F5F-2894-4370-B430-F9F28E13EAC6 Official Purchasing Document Last updated 10/2017 Services Agreement - PFA 8801 Poudre Fire Authority Uniforms Page 5 of 15 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 D - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: F6477F5F-2894-4370-B430-F9F28E13EAC6 Official Purchasing Document Last updated 10/2017 Services Agreement - PFA 8801 Poudre Fire Authority Uniforms Page 6 of 15 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: POUDRE FIRE AUTHORITY By: _________________________________ Tom DeMint, Fire Chief Date: ______________________________ ATTEST: APPROVED AS TO FORM: COPRO EFP, LLC By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: F6477F5F-2894-4370-B430-F9F28E13EAC6 12/13/2018 Wendy Greening Owner Assistant City Attorney ll 12/17/2018 12/17/2018 City Clerk Services Agreement - PFA 8801 Poudre Fire Authority Uniforms Page 7 of 15 EXHIBIT A SCOPE OF SERVICES A. Objective The City of Fort Collins, on behalf of the Poudre Fire Authority (PFA), is requesting that the Service Provider provide uniform components for purchase per the enclosed specifications. B. Background The Poudre Fire Authority is dedicated to the protection of lives, property and the quality of life for all of the citizens we serve. Our employees are highly motivated, highly trained professional men and women who take their service to the community very serious. The foundation of our success is based on our commitment to continuous quality improvement at all levels of service delivery. Poudre Fire Authority Administration and the Fire Prevention Bureau are located in downtown Fort Collins at the intersection of Mountain Avenue and Remington Street. Our mailing address is 102 Remington Street Fort Collins, CO 80524. The Poudre Fire Authority (PFA) is a consolidated full-service fire prevention, fire protection and emergency service agency serving the City of Fort Collins and the Poudre Valley Fire Protection District. Approximately 200 full-time employees staff eleven (11) fire stations and operate eleven (11) engine companies, two (2) trucks, Administration and the Community Safety Services Division. It additionally operates two volunteer fire stations with 30 volunteers. The total service area is 235 square miles completely encompassing the City and fire district. Within the district are the smaller communities of LaPorte, Timnath and Bellvue. The PFA was organized in 1981 with the consolidation of the City of Fort Collins and the Poudre Valley Fire Departments. At that time, both the City and district adopted an intergovernmental agreement (IGA) establishing the authority. This IGA outlines the governance, funding and operation of the authority. A five-person Board of Directors appointed by the City Council and District Board governs PFA. Its members are two City Council members and two district board members. The fifth member is chosen jointly by these four and has historically been the Fort Collins City Manager. The Board appoints Poudre Fire Authority's Fire Chief and is currently held by Chief Tom DeMint. Also, the City of Fort Collins allows other Public Agencies the opportunity to purchase off this Agreement, at the option of the Service Provider. Other public agencies that are members of the Colorado Multiple Assembly of Procurement Officials (MAPO) cooperative purchasing group and/or the Northern Colorado Fire Consortium may contact the Service Provider with a desire to piggyback on the resulting contracts as a cooperative user. C. Scope of Work A. PROFESSIONAL APPEARANCE: It is a prime requirement of this Agreement that PFA maintain a quality and professional appearance; meaning that the awarded apparel must match in color and the style remains consistent with the initially provided samples. For duration of contract, Service Provider must provide guarantee of ongoing quality, color fastness, sizing, service, etc. B. UNIFORM COMPLEMENT AND QUANTITIES: Garments covered under this Program will be selected by the Project Manager from the items represented on the Pricing Schedule (Exhibit B). If additional items not covered on the Pricing Schedule are requested by the Project Manager, they will be priced using the Service Provider’s same DocuSign Envelope ID: F6477F5F-2894-4370-B430-F9F28E13EAC6 Services Agreement - PFA 8801 Poudre Fire Authority Uniforms Page 8 of 15 Pricing Multipliers that are used for similar item categories on the Pricing Schedule. Project Manager will determine the quantity of each item to be provided for each employee in their department. Project Manager may add or delete uniform pieces from the Contract at any time during the Contract Period. C. OVERSIZE UNIFORMS: Service Provider should be aware that an average of 5-10% of PFA employees require oversized uniforms (i.e., Big and Tall sizes). No additional cost is to be charged for oversized garments. Also, the Service Provider is required to provide female-size apparel at no additional cost; it is estimated that 8-10% of PFA employees will be female. Service Provider is to make every effort to see that oversize and female employees receive their uniform pieces in the same time frame as regular-size male employees. D. All contract extensions after Year 1 are subject to annual appropriations of funds. D. Deliverables/Milestones The Service Provider is expected provide ordered products to the PFA within 14 calendar days from receipt and acknowledgement of the PFA’s order. All orders should be delivered/sent to the PFA Warehouse facility located at 3400 W. Vine Drive, Fort Collins, CO 80521. In the event that the Service Provider is unable to fill an order within the 14 calendar day period due to circumstances outside of Service Provider’s control, Service Provider will promptly notify the PFA of the delay. The PFA will be allowed to make any adjustments to the delayed order including, but not limited to, substitutions, item cancelations, and/or acceptance of delayed delivery. E. Key Areas of Responsibility The Service Provider will receive all product orders from the PFA’s designated representative, presently the Quarter Master and Project Manager, Murray Anduss. The Service Provider will provide the PFA with a complete sizing set of men’s and women’s specified apparel for the Quarter Master to use for staff sizing purposes. The PFA will provide Service Provider with department and American flag patches, which Service Provider will adhere as set forth in the specifications to any job shirts ordered. F. Minimum Qualifications Service Provider must be NFPA certified and an authorized Nomex dealer. G. Current standards 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. All work shall be performed in accordance applicable NFPA standards. H. Fees, Licenses, Permits The successful Service Provider shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. DocuSign Envelope ID: F6477F5F-2894-4370-B430-F9F28E13EAC6 Services Agreement - PFA 8801 Poudre Fire Authority Uniforms Page 9 of 15 I. Laws and Regulations The Service Provider agrees to comply fully with all applicable State of Colorado and Federal laws and regulations and municipal ordinances. J. Invoicing and Payment Invoices for services should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Service Provider Net 30 days from the date of each correct invoice by the Service Provider indicating the project name, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. Payments will be made using the prices listed on the agreed-to Price Schedule. In the event a service is requested which is not listed on the Price Schedule, the Service Provider and the City will negotiate an appropriate unit price. K. Clothing specifications The following specifications represent the PFA’s preferred product standards. However, Vendors are welcome to propose alternative products provided the alternative product is NFPA compliant. Should an alternative product be proposed for any item, Vendor must provide a product sample, complete product specifications and evidence of NFPA Certification. BDU Pant Pricing Schedule Items 1 & 2 General Description: Trouser, 3rd party certified to NFPA 1975, 2014 Edition, NFPA 1977, 2016 Edition, and NFPA 1951, 2013 Edition. This protective clothing is not proximity, entry or structural firefighting gear, and is not designed to be kept in direct contact with flames. Fabric: The trouser shall be manufactured with NFPA compliant fabric and thread and must assure absolute consistency of color and performance. Color: Navy Blue Sizing: Available in both men’s and women’s complete size ranges. Independent Third-Party Certification and Labeling: All pants will be labeled in accordance with Section 2-2.3 of NFPA 1975, 2014 Edition, Section 5.1.1 of NFPA 1977, 2016 Edition, and Section 5.1 of NFPA 1951, 2013 Edition. All pants will bear all labels mandated by the Federal Trade Commission at the date of manufacture. All products must be listed as classified by Underwriter’s Laboratories as being compliant with the requirements of NFPA 1975-2014, NFPA 1977-2011, and NFPA 1951-2013. Workmanship and Quality Control: All garments shall be made in a craftsman like manner and shall be inspected during manufacturing, final trimming, and packing to insure consistent quality and adherence to this specification. All garments shall be warranted against defects in materials and workmanship for the useful life of the product. DocuSign Envelope ID: F6477F5F-2894-4370-B430-F9F28E13EAC6 Services Agreement - PFA 8801 Poudre Fire Authority Uniforms Page 10 of 15 Non BDU Pant Pricing Schedule Items 3 & 4 General Description: Trouser, 3rd party certified to NFPA 1975, 2014 Edition, NFPA 1977, 2016 Edition, and NFPA 1951, 2013 Edition. This protective clothing is not proximity, entry or structural firefighting gear, and is not designed to be kept in direct contact with flames. Fabric: The trouser shall be manufactured with NFPA compliant fabric and thread and must assure absolute consistency of color and performance. Color: Navy Blue Sizing: Available in both men’s and women’s complete size ranges. Independent Third-Party Certification and Labeling: All pants will be labeled in accordance with Section 2-2.3 of NFPA 1975, 2014 Edition, Section 5.1.1 of NFPA 1977, 2016 Edition, and Section 5.1 of NFPA 1951, 2013 Edition. All pants will bear all labels mandated by the Federal Trade Commission at the date of manufacture. All products must be listed as classified by Underwriter’s Laboratories as being compliant with the requirements of NFPA 1975-2014, NFPA 1977-2011, and NFPA 1951-2013. Workmanship and Quality Control: All garments shall be made in a craftsman like manner and shall be inspected during manufacturing, final trimming, and packing to insure consistent quality and adherence to this specification. All garments shall be warranted against defects in materials and workmanship for the useful life of the product. BDU Shorts Pricing Schedule Items 5 & 6 General Description: Shorts designed for compliance to NFPA 1975, 2014 edition. This protective clothing is not proximity, entry or structural firefighting gear, and is not designed to be kept in direct contact with flames. Fabric: The trouser shall be manufactured with NFPA compliant fabric and thread and must assure absolute consistency of color and performance. Color: Navy Blue Sizing: Available in both men’s and women’s complete size ranges. Independent Third-Party Certification and Labeling: All shorts will be labeled in accordance with Section 2-2.3 of NFPA 1975, 2014. All shorts will bear all labels mandated by the Federal Trade Commission at the date of manufacture. All products must be listed as classified by Underwriter’s Laboratories as being compliant with the requirements of NFPA 1975-2014. Workmanship and Quality Control: All garments shall be made in a craftsman like manner and shall be inspected during manufacturing, final trimming, and packing to insure consistent quality and adherence to this specification. All garments shall be warranted against defects in materials and workmanship for the useful life of the product. DocuSign Envelope ID: F6477F5F-2894-4370-B430-F9F28E13EAC6 Services Agreement - PFA 8801 Poudre Fire Authority Uniforms Page 11 of 15 Collared Shirt, Long Sleeve Pricing Schedule Items 7 & 8 General Description: Long sleeve collared shirt, safety panel front with hidden six button closure, 2 front breast pockets, dress collar, no shoulder epaulets, 3rd party certified to NFPA 1975, 2014 Edition. This protective clothing is not proximity, entry or structural firefighting gear, and is not designed to be kept in direct contact with flames. Fabric: The shirt shall be manufactured with NFPA compliant fabric and thread and must assure absolute consistency of color and performance. Content: 100% Nomex preferred. Alternate compliant fabric will be considered. Weight: minimum 6.0 oz.yd2 Color: Navy Blue Embroidery: All patches will be provided by PFA. American Flag patch to be centered on the right sleeve, approximately one (1) inch below the shoulder seam. PFA logo patch to be centered on the left sleeve, approximately one (1) inch below the shoulder seam. Sizing: Available in both men’s and women’s complete size ranges. Independent Third-Party Certification and Labeling: All shirts will be labeled in accordance with Section 2-2.3 of NFPA 1975, 2014 Edition. All shirts will bear all labels mandated by the Federal Trade Commission at the date of manufacture. All products must be listed as classified by Underwriter’s Laboratories as being compliant with the requirements of NFPA 1975-2014. Workmanship and Quality Control: All garments shall be made in a craftsman like manner and shall be inspected during manufacturing, final trimming, and packing to insure consistent quality and adherence to this specification. All garments shall be warranted against defects in materials and workmanship for the useful life of the product. Collared Shirt, Short Sleeve Pricing Schedule Items 9 & 10 General Description: Short sleeve collared shirt, safety panel front with hidden six button closure, 2 front breast pockets, dress collar, no shoulder epaulets, 3rd party certified to NFPA 1975, 2014 Edition. This protective clothing is not proximity, entry or structural firefighting gear, and is not designed to be kept in direct contact with flames. Fabric: The shirt shall be manufactured with NFPA compliant fabric and thread and must assure absolute consistency of color and performance. Content: 100% Nomex preferred. Alternate compliant fabric will be considered Weight: minimum 6.0 oz.yd2 Color: Navy Blue Embroidery: All patches will be provided by PFA. American Flag patch to be centered on the right sleeve, approximately one (1) inch below the shoulder seam. PFA logo patch to be centered on the left sleeve, approximately one (1) inch below the shoulder seam. Sizing: Available in both men’s and women’s complete size ranges. Independent Third-Party Certification and Labeling: All shirts will be labeled in accordance with Section 2-2.3 of NFPA 1975, 2014 Edition. All shirts will bear all labels DocuSign Envelope ID: F6477F5F-2894-4370-B430-F9F28E13EAC6 Services Agreement - PFA 8801 Poudre Fire Authority Uniforms Page 12 of 15 mandated by the Federal Trade Commission at the date of manufacture. All products must be listed as classified by Underwriter’s Laboratories as being compliant with the requirements of NFPA 1975-2014. Workmanship and Quality Control: All garments shall be made in a craftsman like manner and shall be inspected during manufacturing, final trimming, and packing to insure consistent quality and adherence to this specification. All garments shall be warranted against defects in materials and workmanship for the useful life of the product. DocuSign Envelope ID: F6477F5F-2894-4370-B430-F9F28E13EAC6 Services Agreement - PFA 8801 Poudre Fire Authority Uniforms Page 13 of 15 EXHIBIT B PRICING SCHEUDLE DocuSign Envelope ID: F6477F5F-2894-4370-B430-F9F28E13EAC6 Services Agreement - PFA 8801 Poudre Fire Authority Uniforms Page 14 of 15 EXHIBIT C INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. DocuSign Envelope ID: F6477F5F-2894-4370-B430-F9F28E13EAC6 Services Agreement - PFA 8801 Poudre Fire Authority Uniforms Page 15 of 15 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”), as agent, on behalf of the Poudre Fire Authority (the “PFA”) 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 and/or PFA or their 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 and/or PFA may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City and/or PFA, or that relates to the business of the City and/or PFA, or that is used by the City and/or PFA 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 and/or PFA). 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 and/or PFA. 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 and/or PFA. 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 and/or PFA in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City and/or PFA, or the City and/or PFA so requests for any reason, the Service Provider shall promptly return to the City and/or PFA 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 and/or PFA’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City and/or PFA 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. 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