PRG - RFP 01-2018 - Request for Proposals for Pool Chemical Purchase and Delivery

Request for Proposals for Pool Chemical Purchase and Delivery
City of Commerce City, Colorado
Parks, Recreation, & Golf
Date: January 26, 2018

1. REQUEST FOR PROPOSALS

The City of Commerce City (“City”) seeks proposals for the provision and delivery of Accu-tab Blue Calcium Hypochlorite tablets, Acid Rite Tablets and other pool chemicals as needed services (“Services”), on a non-exclusive basis, as set forth in this Request for Proposals (“RFP”).
The anticipated start date is 2/16/2018. The term is for a one year period, subject to annual appropriation, with the option for renewal for three potential annual renewals at the same rates.
Questions regarding RFP requirements must be received by Zach Venn, Recreation Supervisor - Aquatics in writing at zvenn@c3gov.com by 5:00 PM MT on Friday, February 02, 2018.  Oral and late questions will not receive responses.
Proposals containing the information required by this RFP, in the format described below, must be received no later than 4:00 p.m. (MT) on Friday, February 09, 2018.  Proposals shall be submitted in a sealed envelope and plainly marked “Proposal for Pool Chemical Purchase and Delivery” the outside of the sealed envelope. Proposals must be submitted to:
Zach Venn, Recreation Supervisor - Aquatics
City of Commerce City
6060 E. Parkway Dr.
Commerce City, CO 80022
It is the sole responsibility of each Respondent to ensure its Proposal is received by the City by the date and time stated in this RFP.  Late Proposals will not be accepted.

1. SCOPE OF SERVICES

The contractor shall perform all Services described in this section and all obligations set forth in the draft contract (Attachment A).
The contractor will:

• Obtain and deliver FOB the City’s facilities as designated in the order:
  • Accu-Tab Blue Calcium Hypochlorite 55lb drums (estimated* 850 drums annually)
  • Acid-Rite Sodium Bisulfate Tablets 45lb drums (estimated* 850 drums annually)
  • Sodium Bicarbonate 50lb bags (estimated* 20 bags annually)
  • Calcium Chloride 50lb bags (estimated* 6 bags annually)
  • Sodium Thiosulfate 50lb bags (estimated* 2 bags annually)

*Estimated use is not a guarantee of quantities to be ordered.

• City Facilities:
  • Eagle Pointe Recreation Center

6060 E Parkway Dr.
Commerce City, CO 80022
 

• Bison Ridge Recreation Center

13905 E 112th Ave.
Commerce City, CO 80022
 

• Paradice Island Outdoor Leisure Pool

5951 Monaco St.
Commerce City, CO 80022
 
All deliveries will be made during regular business hours to City personnel and shall not be left outside any facility.

• Provide MSDS for all items ordered.

 

1. PROPOSAL REQUIREMENTS

Proposals shall include the following information:

1. FEE PROPOSAL.  A fee proposal consisting of:
   1. Price list for all pool chemicals listed in the Scope of Services for the first year of the contract and potential renewal years.
   2. The proposed rate for any Additional Services that may be proposed.

Rates should include all costs of performing the Services (including without limitation, delivery, mileage, equipment, supplies, permits, licenses, overhead, profit, etc.) Although the City does not anticipate compensating Respondent for any additional items or expenses, any such additional amounts to be charged to the City should be identified in the fee proposal.

1. DELIVERY TERMS. The Respondent must identify the lead time required between order and delivery.
2. EXCLUSIONS & ADDITIONAL SERVICES.  The Respondent must include any proposed exclusions to the Services or draft contract, providing specific details and the reasoning behind the exclusion, and any proposed Additional Services. ALL TERMS AND CONDITIONS APPLICABLE TO ANY ORDER FROM RESPONDENT MUST BE PROVIDED.
3. ADDITIONAL INFORMATION.  The Respondent may list any additional information or data not requested as part of this RFP that Respondent believes should be considered in the evaluation of the Proposal provided the entire Proposal is no more than the identified page limit. [SR-C1] [MD-P2] 

1. SELECTION

The City will use a qualitative-based selection process using the following criteria:

• Price
• Terms

The City will select the Respondent determined to be the best value by the City in its sole discretion.  In addition to the criteria stated above, the City’s determination may consider, without limitation, the Bidder’s financial resources, ability to comply with all legal and regulatory requirements, ability to perform the Work and complete the Project on time, history of performance, reputation, ability to obtain necessary equipment, data, and facilities, and any other factor deemed important by the City, including location within the City. The City may select multiple Respondents to provide Services as needed by the City.
The City reserves the right to negotiate further with one or more Respondent. Selection of any Contractor and execution of a contract is dependent on approval in accordance with applicable City laws and policies and the City’s receipt of any required Certificates of Insurance and applicable endorsements. The City’s decision is final and without recourse to any Respondent. 

1. MISCELLANEOUS

The issuance of this RFP and the receipt and evaluation of Proposals do not obligate the City to select a Respondent, to enter into any agreement, or to pay any costs incurred in responding to this RFP or negotiating an agreement.  Selection of any Contractor and execution of a contract is dependent on approval in accordance with applicable City laws and policies and the City’s receipt of any required Certificates of Insurance and applicable endorsements.  No Proposal shall constitute business terms of any eventual agreement except as expressly agreed by the City. The City reserves the right to modify this RFP or the selection process, to cancel this RFP, to reject or accept any Proposal, and to waive any informalities or irregularities in any Proposal, without liability, at any time.
Respondents may request parts of their Proposals to remain confidential by indicating such in the Proposal. Appropriate proprietary elements or pages must be clearly marked. The City will take reasonable steps to keep confidential only documents actually protected from disclosure under the Colorado Open Records Act (the “Act”), including notifying the Respondent of a request and allowing the Respondent to take steps to prevent disclosure. Under no circumstances may an entire Proposal be marked or identified as proprietary. By submitting a Proposal, each Respondent agrees to hold the City harmless from any claims arising from the release of proprietary information not clearly designated as such by the Respondent or where the City has notified the Bidder of a request and from any claims arising from the release of documents not protected from disclosure under the Act.
Respondents are cautioned not to undertake any activities or actions to promote or advertise their submittals, other than discussions with City staff as described in this RFP.  After the release of this RFP, Respondents are not permitted to make any direct or indirect contact with members of the Selection Committee, the City Council or media on the subject of this RFP, except in the course of City-sponsored presentations.  Violation of these rules is grounds for disqualification of the Respondent.

Agreement for SERVICES
THIS AGREEMENT For SERVICES (the “Agreement”) is made and entered into effective this ____ day of ___________________, 2018 (the “Effective Date”), by and between the CITY OF Commerce City, a Colorado home rule municipality whose address is 7887 East 60th Avenue, Commerce City, Colorado (the “City”), and CONTRACTOR LEGAL NAME, a home state Select Entity Type whose principal business address is Contractor principal business address (“Contractor”).
WHEREAS, the City desires to retain the services of Contractor, and Contractor desires to provide services to the City.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, the sufficiency of which is hereby acknowledged, the parties agree as follows:

1. SERVICES.
   1. Services.  At the City’s direction, Contractor will provide type of services services as set forth in Exhibit A, attached and incorporated by reference (the “Services”). The City reserves the right to omit any of the Services identified in Exhibit A upon written notice to Contractor.
   2. Controlling Terms.  The terms of this Agreement will control if the terms of any exhibit, attachment, or invoice conflict with this Agreement.
   3. Contractor Representations.  Contractor warrants and represents that it has the requisite authority, capacity, experience and expertise to perform the Services in compliance with the provisions of this Agreement and all applicable laws. 
   4. Warranties.  Contractor will transfer the benefit of any applicable manufacturer’s warranty to the City.
   5. Prosecution of the Services.  Contractor will perform all work in a professional and workmanlike manner and will furnish all labor, materials, tools, supplies, machinery, utilities, and other equipment that may be necessary for the completion of the Services. Contractor will monitor, supervise, and otherwise control and be solely responsible for all persons or entities performing work on its behalf.
   6. Correction of Errors. Contractor will correct any errors or omissions in its work and any work deemed unsatisfactory or unacceptable by the City promptly and for no additional compensation.
   7. Licenses & Permits. Contractor and each subcontractor will be responsible to obtain all required licenses and permits, including a City Contractor’s license, if required.  Contractor will pay any and all license and permit fees.
   8. Rate of Progress.  Contractor’s rate of progress is a material term of this Agreement.  At the City’s request, Contractor will provide a progress schedule for the performance of any Services subject to the City’s approval.
   9. Drugs, Alcohol and Workplace Violence; Compliance with Applicable Law.  Contractor and its employees and agents, while performing the Services or while on City property for any reason during the Term, will adhere to the City’s policies applicable to City employees regarding drugs, alcohol and workplace violence.  Policies will be made available to Contractor upon request.  Contractor will comply with all applicable federal, state and local laws, ordinances and regulations.
   10. Non-Exclusivity.  The City may engage the services of other persons for the provision of Services that could be performed under this Agreement. Contractor acknowledges that it is not entitled to perform any work except as assigned under this Agreement and is not guaranteed any amount of work.
2. COMPENSATION.
   1. Amount.  As compensation for performance of the Services and any other obligations under this Agreement, the City will pay Contractor for work actually performed, in accordance with the rates set forth in Exhibit A, a sum not to exceed $Numerical Dollars & Cents (if applicable; otherwise, modify accordingly. The compensation established by this Agreement includes all of Contractor’s costs and expenses to fully perform the Services and other obligations of this Agreement. The City will not consider or be obligated to pay or reimburse Contractor any other charges or fees and Contractor will not be entitled to any additional compensation or reimbursement.
   2. Invoices.  Contractor will submit invoices on a monthly basis, in a format approved by the City, and provide verification documentation as requested by the City.  Invoices will be submitted to the City not more frequently than monthly. Invoices will identify the specific Services performed for which payment is requested, including a description of the Services, the applicable rates, any costs for which Contractor seeks reimbursement, and the total amount that Contractor claims is due.
   3. Payment. The City will make payment to Contractor within thirty (30) days after receipt and approval of invoices submitted by Contractor.  The City’s obligation to make payment is contingent upon the Contractor’s: (a) submission of a complete and accurate invoice; and (b) satisfactory performance of the Services and conditions of this Agreement. The City may withhold payment of any disputed amounts, and no interest will accrue on any amount withheld pending the resolution of the dispute.
   4. IRS Form W-9.  If not on file with the City, Contractor will provide to the City a current, completed Internal Revenue Service Form W-9 with or before Contractor’s first invoice.  Failure to submit a W-9 may result in delay or cancellation of payment under this Agreement.
   5. Appropriation.  This Agreement will neither constitute nor be deemed a multiple fiscal-year debt or financial obligation of the City based on the City’s ability to terminate this Agreement.  Contractor acknowledges that the City has made no promise to continue to budget funds beyond the current fiscal year and that the City has and will pledge adequate cash reserves on a fiscal-year by fiscal-year basis.
3. TERM AND TERMINATION. 
   1. Term.  The term of this Agreement will be from the Effective Date until Click here to enter a date (“Term”), unless the Term is extended in by validly executed written amendment.
   2. Termination.
      1. Generally.  The City may terminate this Agreement without cause if the City determines that such termination is in the City’s best interest.  The City will effect such termination by giving written notice of termination to Contractor, specifying the effective date of termination, at least fourteen (14) calendar days prior to the effective date of termination. 
      2. For Cause.  If, through any cause, Contractor fails to fulfill its obligations under this Agreement in a timely and proper manner, violates any provision of this Agreement or violates any applicable law (“Breach”), the City may terminate this Agreement for cause immediately upon written notice of termination to Contractor.  Contractor will not be relieved of liability to the City for any damages sustained by the City by virtue of any Breach, and the City may withhold payment to Contractor for the purposes of setoff until such time as the exact amount of damages due to the City from Contractor is determined. If Contractor challenges a termination for cause by the City and prevails, the termination for cause will be deemed to be a termination for convenience and will be effective fourteen (14) days from the date that the original written notice of termination for cause was given to Contractor and no further notice will be required.
      3. Effect of Termination. The City will be liable to pay Contractor for Services performed as of the effective date of termination, but will not be liable to Contractor for anticipated profits.  Unless otherwise instructed in writing, Contractor will immediately discontinue performance of the Services upon receipt of a notice of termination. 
   3. Contractor’s Remedies for Breach. 
      1. Contractor may terminate this Agreement for non-payment of sums due under this Agreement except where non-payment is pursuant to the City’s rights under this Agreement. Contractor will first provide the City written notice of Contractor’s intent to terminate and allow the City ten (10) days within which to make payment. 
      2. Pending resolution of any material breach by the City, Contractor may, in addition to any other remedies provided by law, discontinue performance of the Services without being in breach of this Agreement.
4. INDEMNITY. 

Contractor will be liable and responsible for any and all damages to persons or property caused by or arising out of the negligent or willful actions or omissions in the performance of the Services by Contractor, its employees, agents, or other persons acting under Contractor’s direction or control.  Contractor will indemnify and hold harmless the City, its elected and appointed officials and its employees, agents and representatives (the “Indemnified Parties”), from any and all liability, claims, demands, actions, damages, losses, judgments, costs or expenses, including, but not limited to, attorney fees, which may be made or brought or which may result against any of the Indemnified Parties as a result or on account of the negligent, grossly negligent, willful and wanton, or intentional actions or omissions of Contractor and/or its employees, agents or representatives or other persons acting under Contractor’s direction or control.  Contractor will include the provisions of this Section in any such subcontracts engaged to perform any part of the Services.  The provisions set forth in this Section will survive the completion of the Services and the satisfaction, expiration or termination of this Agreement.   

1. INSURANCE.[SR-C3] 
   1. Required Policies. Contractor will procure and keep in force the following insurance subject to the conditions below, for the duration of this Agreement:
      1. Commercial General Liability Insurance.  Comprehensive general liability insurance insuring against any liability for personal injury, bodily injury or death arising out of the performance of the Services with at least One Million Dollars ($1,000,000) each occurrence. 
      2. Products and Completed Operations Insurance.  Products and completed operations insurance insuring against any liability for bodily injury or property damage caused by the completed Services, with a combined single limit of at least One Million Dollars ($1,000,000).
      3. Comprehensive Automobile Liability Insurance.  Comprehensive automobile liability insurance insuring against any liability for personal injury, bodily injury or death arising out of the use of motor vehicles and covering operations on or off the site of all motor vehicles controlled by Contractor that are used in connection with performance of the Services, whether the motor vehicles are owned, non‑owned or hired, with a combined single limit of at least One Million Dollars ($1,000,000).
      4. Professional Liability Insurance.  If Contractor is an architect, engineer, surveyor, appraiser, physician, attorney, accountant or other licensed professional, or if it is customary in the trade or business in which Contractor is engaged, or if the City otherwise deems it necessary, errors and omissions professional liability insurance insuring Contractor against any professional liability with a limit of at least One Million Dollars ($1,000,000.00) per claim and annual aggregate.
      5. Other Insurance.  Workers’ compensation insurance (unless Contractor provides a completed Declaration of Independent Contractor Status Form) and other insurance required by applicable law. 

The limits of any insurance required by this Agreement will not limit Contractor’s liability.

1. Terms of Insurance.     
   1. Additional Insured. Except for the professional liability policy, if applicable, and workers’ compensation policy, all required insurance policies shall name the City as an additional insured and will provide that the City, although named as an additional insured, will nevertheless be entitled to recovery under said policies for any loss occasioned to the City or its officers, employees or agents by reason of the negligence of Contractor or its officers, employees, agents, subcontractors or business invitees.  The insurance policies will be for the mutual and joint benefit and protection of Contractor and the City. Such policies will be written as primary policies not contributing to and not in excess of coverages the City may carry.
   2. Qualification; Deductible.  Insurance required by this Section will be with companies qualified to do business in the State of Colorado and may provide for deductible amounts as Contractor deems reasonable for the Services, but in no event greater than Ten Thousand Dollars ($10,000.00), and Contractor will be responsible for the payment of any such deductible. 
   3. Cancellation.  No such policies will be cancelable or subject to reduction in coverage limits or other modification unless previously approved by the City in writing. 
   4. Coverage Type. Contractor will identify whether the type of coverage is “occurrence” or “claims made.”  If the type of coverage is “claims made,” which at renewal Contractor changes to “occurrence,” Contractor will carry a twelve (12) month tail.  Contractor will not do or permit to be done anything that will invalidate the policies. 
   5. No “Pollution Exclusion.”  The insurance required by this Agreement will cover any and all damages, claims or suits arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants, and will not exclude from coverage any liability or expense arising out of or related to any form of pollution, whether intentional or otherwise.  If necessary, Contractor will secure and maintain either a rider or a separate policy insuring against liability for pollution related damages, claims or suits, as described in subsection ii(a), with at least Two Million Dollars ($2,000,000) each occurrence, subject to approval by the City, which approval will not be unreasonably withheld.
   6. Evidence of Coverage.  Before commencing work under this Agreement, Contractor will provide certificates of insurance policies and all necessary endorsements evidencing insurance coverage required by this Agreement.  The City will not be obligated under this Agreement until Contractor provides acceptable such certificates of insurance and endorsements.  If the Term extends beyond the period of coverage for any required insurance, Contractor will, at least ten (10) days before the expiration of any such insurance coverage, provide the City with new certificates of insurance and endorsements evidencing either new or continuing coverage. 
2. Subcontracts.  Contractor will include the insurance requirements of this Agreement in all subcontracts.  Contractor will be responsible if any subcontractor fails to procure and maintain insurance meeting the requirements of this Agreement. 

1. SALES AND USE TAX. 

Unless specifically exempt, all materials provided and equipment used in the performance of Services within the City are subject to City Sales & Use Tax, including services performed on behalf of the City.

1. Contractor Responsible for Tax.  Contractor is subject to the tax on all purchases, fabrication, manufacture or other production of tangible personal property used, stored, or consumed in performance of the Services.
2. Specific Industry Standard.  The Specific Industry Standard for Construction and Contractors (Regulation 20-S.I.15) can be provided upon request by contacting the City’s Finance Department, Sales Tax Division, at 303-289-3628, and is available on the City’s website at http://www.c3gov.com/DocumentView.aspx?DID=115.
3. Equipment.  Prior to or on the date Contractor locates equipment within the City to fulfill this Agreement, Contractor will file a declaration describing each anticipated piece of equipment the purchase price of which was two thousand five hundred dollars ($2,500) or greater, stating the dates on which Contractor anticipates the equipment to be located within and removed from the boundaries of the City and stating the actual or anticipated purchase price of each such anticipated piece of equipment along with any other information deemed necessary by the City.  When such declared equipment is located within the City for a period of thirty (30) days or less, Contractor may include sales and use tax calculated on one-twelfth (1/12) of the purchase price of such equipment in the contract amount, in compliance with Section 20-5-T of the Commerce City Sales & Use Tax Code.  If Contractor fails to declare the equipment to the City prior to or on the date Contractor locates the equipment within the City, none of the sales and use tax due on the equipment will be allowed as a contract expense.

1. COMPLIANCE WITH C.R.S. § 8-17.5-102; VERIFICATION OF LAWFUL PRESENCE.
   1. Certification.  Contractor hereby certifies that, as of the date of this Agreement, it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Contractor will participate in the E-verify Program or Department Program as defined in C.R.S. § 8-17.5-101 in order to confirm the eligibility of all employees who are newly hired to perform work under this Agreement. 
   2. Pre-Employment Screening.  Contractor is prohibited from using either the E-verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed.
   3. Contractor Obligations.  Contractor will not knowingly employ or contract with an illegal alien to perform work under this Agreement or contract with a subcontractor that fails to certify to Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Agreement. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor will:
      1. Notify the subcontractor and the City within three (3) days that Contractor 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 (3) days of receiving the notice required pursuant to this subparagraph d the subcontractor does not stop employing or contracting with the illegal alien; provided, however, that Contractor will not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien.
   4. Compliance with Investigation.  Contractor will comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation undertaken by the Department pursuant to Article 17.5 of Title 8, C.R.S.
   5. Violation.  If Contractor violates this Section, the City may terminate this Agreement for breach of contract and Contractor will be liable for actual and consequential damages to the City.
   6. Verification of Lawful Presence (C.R.S. § 24-76.5-103).
      1. If Contractor is a natural person, including a sole proprietor with or without employees (i.e., not a corporation, limited liability company, partnership or similar entity), and is 18 years of age or older, Contractor must: (a) complete the affidavit attached to this Agreement as Exhibit B; and (b) Attach a photocopy of the front and back of a valid form of identification noted on Exhibit B.
      2. If Contractor executes the affidavit stating that he/she is an alien lawfully present in the United States, the City will verify his/her lawful presence through the federal systematic alien verification or entitlement program, known as the “SAVE Program,” operated by the U.S. Department of Homeland Security (“DHS”) or a successor program designated by DHS.  If the City determines through the verification process that Contractor is an alien not lawfully present in the United States, the City will terminate this Agreement without further obligation to Contractor.
2. NOTICES. 

Except for routine communications, written notices required under this Agreement and all other correspondence between the parties will be directed to the following and will be deemed received when hand-delivered or three (3) days after being sent by certified mail, return receipt requested:
If to the City:                                                       If to Contractor:
City Contact/Title                                                Contractor Contact/Title
Select Department                                               Contractor Name
City of Commerce City                                        Contractor Address
Address                                                              Contractor City, ST ZIP
Commerce City, CO 80022
The parties may agree to delivery of notices via electronic mail. 

1. GENERAL PROVISIONS.
   1. Independent Contractor.  The relationship between Contractor and the City will be as independent contractors, and neither the City nor Contractor will be deemed or constitute an employee, servant, agent, partner or joint venturer of the other.  Contractor is obligated to pay federal and state income tax on any money earned pursuant to this Agreement, and neither Contractor nor Contractor’s employees, agents or representatives are entitled to workers’ compensation benefits, unemployment compensation benefits, sick and annual leave benefits, medical insurance, life insurance, or pension or retirement benefits from the City.
   2. No Assignment.  Contractor will not assign or transfer any rights, interests, or obligations under this Agreement without the City’s prior written consent.
   3. Governing Law; Jurisdiction and Venue; Recovery of Costs.  This Agreement will be governed by the laws of the State of Colorado without regard to its conflicts of laws provisions. For all claims arising out of or related to this Agreement, Contractor consents to the exclusive jurisdiction of and venue in the state courts in the County of Adams, State of Colorado. Contractor waives any exception to jurisdiction because of residence, including any right of removal based on diversity of citizenship.  The prevailing party in any litigation to resolve a dispute between the parties arising from this Agreement will be entitled to recover court costs and reasonable attorney fees from the non-prevailing party.
   4. Governmental Immunity.  No term or condition of this Agreement will be construed or interpreted as an express or implied waiver of any of the immunities, rights, benefits, protections, or other provisions of the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101, et seq.
   5. Time of the Essence.  Contractor acknowledges that time is of the essence in the performance of this Agreement.  Contractor’s failure to complete any of the Services during the Term, or as may be more specifically set forth in an exhibit, notice to proceed, change order, or any approved progress schedule, will be deemed a breach of this Agreement.
   6. No Third-Party Beneficiaries.  Enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement will be strictly reserved to the parties.  Any person other than the City and Contractor will be deemed to be only an incidental beneficiary under this Agreement.
   7. No Waiver.  The waiver of any breach of a term of this Agreement, including the failure to insist on strict compliance or to enforce any right or remedy, will not be construed or deemed as a waiver of any subsequent breach of such term; any right to insist on strict compliance with any term; or any right to enforce any right or remedy with respect to that breach or any other prior, contemporaneous, or subsequent breach.
   8. Rules of Construction.  Neither party will be deemed to have drafted this Agreement. This Agreement has been reviewed by all parties and will be construed and interpreted according to the ordinary meaning of the words used so as to fairly accomplish the purposes and intentions of all parties. No term of this Agreement will be construed or resolved in favor of or against the City or Contractor on the basis of which party drafted the uncertain or ambiguous language. Where appropriate, the singular includes the plural and neutral words and words of any gender will include the neutral and other gender.  Paragraph headings used in this Agreement are for convenience of reference and will in no way control or affect the meaning or interpretation of any provision of this Agreement.
   9. Severability.  A holding by a court of competent jurisdiction that any term of this Agreement is invalid or unenforceable will not invalidate or render unenforceable any other term of this Agreement.
   10. Acknowledgement of Open Records Act.  Contractor acknowledges that the City is a public entity subject to the Colorado Open Records Act, C.R.S. § 24-72-201, et seq., and this Agreement and any related documents are subject to public disclosure.
   11. Authority.  The parties represent and warrant that they have taken all actions necessary to legally authorize the undersigned signatories to execute this Agreement for the parties and to bind the parties to its terms. The signatories represent and warrant that each has legal authority to execute this Agreement for the party he or she represents and to bind that party to its terms.
   12. Counterparts.  This Agreement may be executed in any number of counterparts, each deemed to be an original, and, taken together will constitute one and the same instrument.
   13. Entire Agreement; Modification; Binding Effect.  This Agreement contains the entire agreement of the parties relating to the subject matter of this Agreement and, except as expressly provided, may not be modified or amended except by validly executed written agreement of the parties.  All prior and contemporaneous agreements and understandings, whether oral or written, are superseded by this Agreement and are without effect to vary or alter any terms or conditions of this Agreement.  This Agreement will be binding upon, and will inure to the benefit of, the parties and their respective heirs, personal representatives, successors and assigns.

[Remainder of this page intentionally left blank – signature page(s) follow(s).]

 
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
City of Commerce City
                                                                    
Name, Title Based on Amount
Select Department
ATTEST:                                                               APPROVED AS TO FORM:
                                                                                                                                                  
Laura J. Bauer, MMC, City Clerk                            Select City Attorney
Recommended for approval:
_____________________________________
Name, Title
Select Department
CONTRACTOR NAME
                                                                    
Name, Title
 [must be notarized]
STATE OF COLORADO                     )
                                                            ) ss.
COUNTY OF                                       )
The foregoing Agreement was acknowledged before more this ____________________________, 2015, by                                                                     (Name),                                                (Title), of                                 .
Witness my hand and official seal.
My commission expires:                                   .
                                                                    
Notary Public

EXHIBIT A
Identify title of Exhibit A
 

 
AFFIDAVIT PURSUANT TO C.R.S. § 24-76.5-103
 
 
I, _________________________________, swear or affirm under penalty of perjury under the laws of the State of Colorado that (check one):
___ I am a United States citizen, or
___ I am a Permanent Resident of the United States, or
___ I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a public benefit.  I understand that Colorado state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit.  I further acknowledge that making a false, fictitious or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute § 18-8-503, and it will constitute a separate criminal offense each time a public benefit is fraudulently received.
__________________________________                     _______________
Signature                                                                     Date
 

Valid forms of identification:
---current Colorado driver’s license, minor driver’s license, probationary driver’s license, commercial driver’s license, restricted driver’s license, or instruction permit
---current Colorado identification card
---U.S. military card or dependent identification card
---U.S. Coast Guard merchant mariner card
---Native American tribal document
 

7887 East 60th Avenue
Commerce City, Colorado 80022
Phone (303) 289-3627 
Fax (303) 289-3661
www.c3gov.com

EQUIPMENT DECLARATION