This is a service / maintenance or supply contract in Cortez, Colorado. Contact the soliciting agency for additional information.

Once-a-Day Cleaning: To be done by 11:00 a.m., 7 days a week, subject to change by the City. Centennial Park: April 1, 2023 through October 31 2023 Denny Lake Park: April 1, 2023 through October 31 2023 Montezuma Park: April 1, 2023 through October 31 2023 Parque De Vida: April 1, 2023 through October 31 2023 Softball Complex April 1, 2023 through October 31 2023 Veterans Park: April 1, 2023 through October 31 2023 The City reserves the right to waive any formality or any informality in the process of awarding a bid. The City of Cortez reserves the right to accept any bid, in whole or in part, and to reject any or all bids if it be deemed in the best interest of the City to do so. Rick Smith The Contractor's Services under this Agreement shall commence on April 1, 2023, and shall be completed by no later than October 31, 2023 (the "Term"). During the Term of this Agreement, the Contractor agrees, at its own cost, to maintain, and provide evidence of, a policy of Workers Compensation Insurance, if required by the Workers' Compensation Act of Colorado, or any other applicable laws for any person engaged in the performance of the Services, and the policy or policies of insurance, if any, set forth below and marked with an "X." The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Agreement by reason of its failure to procure or maintain any required policy of insurance. Comprehensive General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000) each occurrence, and ONE MILLION DOLLARS ($1,000,000) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, and products. The policy shall contain a severability of interests provision. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000) each occurrence and ONE MILLION DOLLARS ($1,000,000) aggregate with respect to each of Contractor's owned, hired and/or non-owned vehicles assigned to be used or used in performance of the Services. The policy shall contain a severability of interests provision. Professional Liability Insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000) each occurrence, and ONE MILLION DOLLARS ($1,000,000) aggregate. The policy shall insure the Contractor for claims arising from the negligent performance of professional Services under this Agreement. The Professional Liability Insurance policy shall include prior acts coverage sufficient to cover all Services rendered by the Contractor and its subcontractors. This coverage shall be continued in effect for one (1) year after the end of the Term of this Agreement. The Policies required above, except for the Worker's Compensation insurance and Professional Liability insurance, shall name the City as an additional insured. Every policy required above shall be primary insurance, and any insurance carried by the City, its elected officials or its employees, shall be excess and not contributory insurance to that provided by Contractor. The additional insured endorsement for the Comprehensive General Liability insurance required above shall not contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under each of the policies required above. Failure on the part of the Contractor to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which the City may immediately terminate this Agreement, or at its discretion may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the City shall be reimbursed to the City by Contractor upon demand, or the City may offset the cost of the premiums against any monies due to the Contractor. The parties hereto understand and agree that the City is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act., C.R.S. 24-10-101 et seq., as may from time to time be amended, or otherwise available to the City, its elected officials, or its employees. To the fullest extent permitted by law, the Contractor agrees to indemnify and hold harmless the City, its elected officials and employees, from and against all liability, claims, damages, and losses of any kind that arise out of or are connected with this Agreement and Contractor's provision of the Services hereunder, if such loss or damage, or any portion thereof, is caused by, or claimed to be caused by, the act, omission, or other fault of the Contractor or any of its subcontractors, or any other person for whom Contractor is responsible. The Contractor shall investigate, handle, respond to, and provide a defense for and defend against any such liability, claims, and demands, and to bear all other costs and expenses related thereto, including court costs and attorneys' fees. The Contractor's indemnification obligation shall not be construed to extend to any injury, loss, or damage which is caused by the act, omission, or other fault of the City. The Contractor's indemnification obligation shall survive the expiration or termination of this Agreement. Contractor's professional Services shall be in accordance with the prevailing standard of practice normally exercised in the performance of professional Services of a similar nature. The City may randomly inspect the quality of work. Corrective actions must be addressed as early as possible but not longer than 24 hours. Contractor and any persons employed by Contractor for the performance of work hereunder shall be independent contractors and not agents of the City. Any provisions in this Agreement that may appear to give the City the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the City as to end results of the work only. Neither Contractor, its owners, agents, employees, assigns or subcontractors are entitled to receive Workers Compensation or unemployment benefits from or through the City's unemployment or Worker's Compensation coverage. Contractor shall pay all taxes for itself, its employees, agents, subcontractors, assigns as required by local, state and federal law. Contractor shall not assign or delegate this Agreement or any portion thereof, or any monies due to or become due hereunder without the City's prior written consent. 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. 13.1 This Agreement may be terminated by either party for material breach or default of this Agreement by the other party not caused by any action or omission of the other party by giving the other party written notice at least thirty (30) days in advance of the termination date. Termination pursuant to this subsection shall not prevent either party from exercising any other legal remedies which may be available to it. 13.2 This Agreement may be terminated by the City for its convenience and without cause by giving written notice at least seven (7) days in advance of the termination date. In the event of such termination, the Contractor will be paid for the reasonable value of the Services rendered to the date of termination, not to exceed the total amount set forth in Exhibit "A", and upon such payment, all obligations of the City to the Contractor under this agreement will cease. Termination pursuant to this Subsection shall not prevent either party from exercising any other legal remedies which may be available to it. The City and its duly authorized representatives shall have access to any books, documents, papers, and records of the Contractor that are related to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 15.1.In the event that suit is brought upon this Agreement to enforce its terms, the prevailing party shall be entitled to its reasonable attorneys' fees and related court costs. 15.2.Colorado law shall apply to the construction and enforcement of this Agreement. The parties agree to the jurisdiction and venue of the State courts located in Montezuma County in connection with any dispute arising out of or in any matter connected with this Agreement. Contractor shall be solely responsible for compliance with all applicable federal, state, and local laws, including the ordinances, resolutions, rules and regulations of the City; and for the payment of all applicable taxes; and obtaining and keeping in force all applicable permits and approvals. This Agreement represents the entire Agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. 18.1. Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, disability, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, any notice required by an agency of the federal government, setting forth the provisions of the Equal Opportunity Laws. 18.2. Contractor shall comply with the applicable provisions of the Americans with Disabilities Act of 1990 as enacted and from time to time amended, and any other applicable federal, state, or local laws and regulations. A signed, written certificate stating compliance with the Americans with Disabilities Act may be requested at any time during the life of this Agreement or any renewal thereof. If applicable to the Service provided pursuant to this Agreement, Contractor shall comply with the Colorado Resident Employment requirements of C.R.S. Section 8-17-101. Contractor shall comply with C.R.S. Section 24-76.5-101 C.R.S., which requires individual natural persons over age 18 to confirm legal status. This includes contracts, grants, purchase orders and amendments with sole proprietors. Documentation required to be filed with the City include; Colorado Driver's license or ID, Military, Coast Guard or tribal document. Applicant must execute an affidavit on legal status and verify status in SAVE. The City reserves the right to waive any formality or any informality in the process of awarding a bid. The City of Cortez reserves the right to accept any bid, in whole or in part, and to reject any or all bids if it be deemed in the best interest of the City to do so.