HomeMy WebLinkAbout509867 COPRO EFP LLC - CONTRACT - RFP - 8801 POUDRE FIRE AUTHORITY UNIFORMSOfficial Purchasing Document
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Services Agreement - PFA
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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
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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
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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
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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
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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.
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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:
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12/13/2018
Wendy Greening
Owner
Assistant City Attorney ll
12/17/2018
12/17/2018
City Clerk
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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
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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.
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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.
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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.
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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
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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.
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EXHIBIT B
PRICING SCHEUDLE
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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.
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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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