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HomeMy WebLinkAboutRFP - 9791 ART TO LIVE PROGRAM ADMINISTRATIONRFP 9791 Art to Live Program Administration Page 1 of 30 REQUEST FOR PROPOSAL 9791 ART TO LIVE PROGRAM ADMINISTRATION RFP DUE: 3:00 PM MT (RMPES Clock), April 21, 2023 The City of Fort Collins is requesting proposals from qualified Consultants to administer the City’s Art to Live Grant Program. This project is funded by the American Rescue Plan Act (ARPA) and is sponsored by the City’s Cultural Services Department. The awarded Consultant will determine grant applicant eligibility and administer awards. The Consultant will be responsible for advertising the opportunity, determining applicant eligibility, administering grant funding, and collecting reporting requirements from grant recipients for two award cycles, one in calendar year 2023 and another in calendar year 2024. As part of the City’s commitment to sustainability, proposals must be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by RMEPS. All questions should be submitted, in writing via email, to Gerry Paul, Purchasing Director at gspaul@fcgov.com, no later than 3:00 PM MT on April 12, 2023. Please format your e-mail to include: RFP 9791 Art to Live Program Administration in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by BidNet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 961-04 Artists 958-77 Project Management Services 950-13 Grants, Community Service Programs Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 9791 Art to Live Program Administration Page 2 of 30 person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its Consultants/Professionals to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party Consultants/Professionals and their subcontractors/subconsultants at every tier. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Consultants/Professionals may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Consultants/Professionals may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Consultants/Professionals hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions of any contract resulting from this request for proposal will be public information. Consultants/Professionals Registration: The City requires new Consultants/Professionals receiving awards from the City to submit IRS form W-9 or W-8BEN/W8-BEN-E (international firms) and requires all Consultants/Professionals to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. RFP 9791 Art to Live Program Administration Page 3 of 30 The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. The selected Consultant shall be required to sign the City’s Agreement prior to commencing services (see sample attached to this document). Sincerely, Gerry Paul Purchasing Director RFP 9791 Art to Live Program Administration Page 4 of 30 I. Background & Objective / Overview a. Objective The selected consultant will work closely with the City of Fort Collins to determine applicant eligibility and administer awards for the ARPA Art to Live Grant Program housed within the Cultural Services Department. The consultant will commit to advertising the opportunity, determining applicant eligibility, administering grant funding, and collecting reporting requirements from recipients for two award cycles, one in calendar year 2023 and another in calendar year 2024. Additionally, the consultant may be asked to collaborate with City staff to present to the City Council regarding the progress and impact of the grant program over its two-year duration. b. Background The City of Fort Collins (the City) is a full-service municipality in Northern Colorado. With 174,800 residents, Fort Collins is Colorado’s fourth-largest city. The organization’s diverse service areas support the City’s mission of providing exceptional service for an exceptional community, of which one crucial part is support of the thriving creative sector within the community. The Art to Live grant program was introduced to City staff by passionate residents who urged the City to use a portion of its influx of federal ARPA (American Rescue Plan Act) dollars to support individual artists in the community as the creative sector recovers from the COVID-19 pandemic. The Art to Live Grant Program specifically also aligns with the themes and outcomes described in the City’s adopted Recovery Plan. The Cultural Services Department, which works each day to foster an inclusive, culturally rich, creatively vibrant, and arts- engaged community, submitted an offer for the Art to Live grant program during the City’s Budgeting for Outcomes process for the 2023-2024 cycle. After months of staff work, City Council input, and community engagement, the program was funded at $85,000 per year for 2023 and 2024. The $85,000 budget enables the City to set aside $15,000 each year to compensate a third-party consultant for their services as described in this RFP, $4,000 for additional administrative costs incurred by the City, and $66,000 for 22 individual grants of $3,000 each. These grants will serve as economic recovery stipends for individual artists and creatives, given the devastating impact of COVID-19 on the creative sector during the initial years of the pandemic. Grant recipients may use award funding for any aspect of their personal or creative finances related to pandemic recovery, as the purpose of the awards are to enable recipients to set aside time for their creative work and career advancement activities. This grant program and all related activities must be complete by 12/31/2024 to ensure compliance with federal ARPA requirements. RFP 9791 Art to Live Program Administration Page 5 of 30 II. Scope of Proposal a. General Scope of Work The City is in need of a third-party contractor to work closely with the Cultural Services Department to administer 22 grants per year through the ARPA Art to Live Grant Program for calendar years 2023 and 2024. Grant administration for this program will include: advertising and promotion within the community; determining eligibility of individual applicants via a thorough review of each grant application and based on agreed upon qualifiers; providing notice of award to selected recipients and notice of non-selection for applicants who do not receive the award; providing recipients with award contracts and working with the Cultural Services Financial Planning & Analysis (FP&A) Manager to invoice the Department for each award; collecting reporting requirements from grant recipients, including completion of required public engagement activity; and collaborating with City Cultural Services staff to provide updates to City Council on the progress and impact of the grant program. The consultant will report directly to Jim McDonald, Director of Cultural Services for the City of Fort Collins. b. Scope of Work Deliverables/Milestones The selected consultant will complete the following project deliverables and milestones as described below: i. Project Kickoff & Initial Grounding The consultant and the project core team within the Cultural Services Department will conduct a kickoff meeting to review project milestones and expectations, clarify timelines, and reach a shared understanding of the definition of success for the program. DELIVERABLES: 1. Meeting notes. 2. Revised scope of work, if necessary. ii. Grant Program Promotion and Advertising within the Community The consultant will work with Sarah Meline, Recovery Policy and Engagement Specialist, to design promotional materials that conform to the City’s branding guidelines. The consultant will then be expected to promote the grant opportunity in a variety of virtual and in-person settings to eligible artists and creatives in the community through informational webinars, presentations, and Q&A sessions. The consultant will prioritize outreach to a diverse range of creative organizations and businesses, artistic mediums, and geographic locations within the City’s Growth Management Area (GMA) to promote a diverse grant applicant pool. Finally, the consultant will work with City staff to translate promotional materials and presentations into Spanish to the extent possible. RFP 9791 Art to Live Program Administration Page 6 of 30 DELIVERABLES: 1. Promotional materials that conform to the City’s branding guidelines, including but not limited to a City webpage and informational flyers that can be shared in both physical and digital formats. This deliverable will only be required in 2023, as the same materials may be updated and reused for the 2024 grant cycle. 2. Documentation of both virtual and in-person promotional activities in partnership with the City and a diverse range of creative organizations, including but not limited to Q&A sessions, webinars, and presentations. iii. Application Review and Eligibility Determination The consultant will work with City staff to utilize the City’s Zoom Grants platform to conduct a thorough review of each individual grant application to determine applicant eligibility. The eligibility criteria that the consultant will apply are listed below: 1. Proof of legal residency in the U.S. This criterion is required by the U.S. federal government for all federally funded grant program recipients, including ARPA. 2. Proof of residency within the Fort Collins Growth Management Area (GMA). 3. Proof of applicant age, with the minimum eligible age being 18 years old at the time of application. 4. Proof of the applicant’s status as an active, individual artist/creative working within the Fort Collins community. This eligibility criterion is up to the reasonable discretion of the consultant, with acceptable forms of proof including: a. Official tax documents that indicate recent financial earnings from creative/artistic work within the Fort Collins community (such as a W-2, W- 9, documentation of payment for commissioned work or performances, or other similar documentation) OR b. Documentation that indicates public or private performances, readings, showings, or other presentation of creative work for an audience (including event flyers, official online promotional materials, event recordings, or other similar forms of documentation) OR c. References for at least three creative organizations within the GMA who can attest to active participation in the community’s creative sector, with contact names/titles, email addresses, and daytime phone numbers OR d. Other documentation that reasonably satisfies this criterion. 5. Proof of negative impact of COVID-19 pandemic on ability to conduct creative work compared to 2019 baseline conditions. This eligibility criterion is up to the reasonable discretion of the consultant, with acceptable forms of proof including: a. Financial statements that indicate loss of revenue due to the COVID-19 pandemic OR b. Proof of either temporary or permanent closure of gallery, performance hall, or other creative space where the applicant conducted creative work OR RFP 9791 Art to Live Program Administration Page 7 of 30 c. Proof of loss of creative employment or reduction in hours for creative endeavor OR d. Compelling written description of impact of COVID-19 by applicant OR e. Other documentation that reasonably satisfies this criterion. 6. Short description from the applicant detailing how they plan to make their creative work available to community members for free for viewing or participation within 10 months of receipt of the grant award (for example, public performances or readings, gallery time open to the public, live physical or virtual demonstrations of creative craft, or other way to make creative work available for community members to view or experience). To receive the final $500 payment upon completion of this criterion, grant recipients must present documented efforts to market their public presentation to the community/make the public aware of the opportunity as well as the outcome of the event (i.e. date and time, number of audience members or participants, etc.). 7. Recipients cannot have previously received ARPA funding from the City through Small Business Recovery Grants or the Capital Projects Business Liaison program for businesses in City construction zones. a. This includes if the individual was a member of a larger organization or group (i.e. band, gallery, etc.) that received previous ARPA funding. b. This criterion does not apply to individuals who rent space or present work at facilities or through organizations that received funding if such individuals did not directly financially benefit from ARPA assistance to the facility or organization. c. This criterion does not disqualify applicants based upon their receipt of ARPA funds through the Utilities Pandemic Assistance Program, the Eviction Legal Fund program, any Municipal Court Diversion programs, or Recreation Reduced Fee Scholarships program. 8. Recipients from the 2023 cycle will not be eligible to reapply for additional funding in the 2023 cycle. Applicants who were not selected in 2023, however, may reapply for funding in 2024. Once the consultant has conducted a thorough review of applicant eligibility for each grant application, they will be responsible for working in concert with City staff to select recipients based on a lottery system and notifying recipients of their award and nonrecipients of their non-selection. DELIVERABLES: 1. For both calendar years 2023 and 2024, a final list of eligible applicants after thorough application review based upon the criteria listed in this RFP. 2. A final list of 22 grant award recipients selected from a lottery of the final list of eligible applicants. RFP 9791 Art to Live Program Administration Page 8 of 30 iv. Reporting Requirements and Record Management The consultant will work with the Cultural Services Department’s FP&A Manager to invoice the City for each grant award. The consultant will be responsible for providing grant recipients with award contracts between the recipient and the City as well as invoicing the City in the amount of $2500 for the initial award for each grant recipient. Upon receipt of documentation from the grant recipient that they have completed a public presentation of their creative work (as described in their grant application) or after attending the event at which the grant recipient is meeting this eligibility criterion, the consultant will invoice the City for the remaining $500 for the grant recipient. City grant contracts with recipients will specify the payment schedule of $2500 for the initial award and $500 following completion of public presentation requirement. The consultant will also be responsible for providing Jo Cech, the City’s Fiscal Recovery Manager, with metrics related to the progress and goals of the grant program on a quarterly basis on the 20th of the month following the end of each quarter. These metrics may include but are not limited to: 1. The percentage of funding spent. 2. Progress on the status of the grant award process (i.e., in process of determining eligibility, eligibility determined and individuals selected, initial awards invoiced and processed, collecting public performance reporting criteria, etc.). 3. Number of applicants each round. 4. Anticipated dates for program completion. 5. Qualitative feedback from grant recipients regarding the impact of the award. DELIVERABLES: 1. For both calendar years 2023 and 2024, a complete set of 22 invoices for initial grant awards and another 22 invoices for the remaining award amount, presuming grant recipients meet the final eligibility criterion related to public presentation of one’s creative work. Should any grant recipients not meet this criterion, the consultant will provide a list of those recipients in lieu of invoices for the remaining award amount for those individuals. This grant program and all related activities must be complete by 12/31/2024 to ensure compliance with federal ARPA requirements. 2. For both calendar years 2023 and 2024, complete documentation of grant recipients’ proof of public presentation of their creative work. This may include verified documentation directly from the grant recipient or documentation from the consultant upon attending the event/public presentation. 3. For both calendar years 2023 and 2024, quarterly reporting on the progress metrics defined in this RFP as well as any other additional metrics that may be determined by the Fiscal Recovery Manager. RFP 9791 Art to Live Program Administration Page 9 of 30 III. Anticipated Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • Question deadline: 3:00 PM MT on April 12, 2023 • Proposal due date: 3:00 PM MT (our clock) on April 21, 2023 • Interviews (If applicable): Week of April 24, 2023 • Award of Contract (tentative): April 2023 • Contract Start Date: May 2023 IV. Interviews In addition to submitting a written proposal, the top-rated Consultant(s) may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section X. V. Subcontractors/Subconsultants Consultant will be responsible for identifying any subcontractors and/or subconsultants in their proposal. Please note that the City will contract solely with the awarded Consultant; therefore, subcontractors and/or subconsultants will be the responsibility of the Consultant. VI. Laws and Regulations The Consultant agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances to include American Disabilities Act (ADA). VII. Invoicing and Payment Invoices should be emailed to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Consultant in accordance with the stated milestone payment schedule. The City pays invoices on Net 30 terms. VIII. COVID-19 Compliance The Consultant and its subcontractors/consultants shall comply with all state, county, and local laws, ordinances, and public health orders established to reduce the spread of COVID-19, as applicable. IX. PROPOSAL SUBMITTAL Please limit the total length of your proposal to a maximum of ten (10) 8 ½ x 11” pages. Consultants are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Consultant proposes to provide and shall be incorporated in the contract award as deemed RFP 9791 Art to Live Program Administration Page 10 of 30 appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Consultant include each of the City’s questions with their response. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Resume/Cover Letter/Executive Summary/Consultant Information The Executive Summary should highlight the content of the proposal and affirm your qualifications to perform the tasks necessary to successfully perform the responsibilities of the Art In Live Grant Program Administrator. Include a brief summary of your experience and background particularly as it relates to your involvement in the arts and your knowledge of the creative community in Fort Collins and northern Colorado. Provide any relevant experience administering or participating in a similar grant program. B. Scope of Proposal 1. Briefly describe your preliminary ideas for developing promotional materials and collaborating with Cultural Services for effective outreach to potential program applicants. 2. Describe your approach to reviewing the program applicants to determine eligibility. 3. Discuss your capability to administer the participant contracts, invoicing, and reporting. Also, identify any elements of the work you propose to outsource to a subconsultant. 4. Briefly discuss any additional ideas or opportunities you foresee working with a cohort of grant recipients outside of the formal requirements of the program included in this scope of work (i.e. award contracts, reporting requirements, etc.). 5. Identify any exceptions to the scope of work and/or deliverables. C. Cost In your proposal state a total firm-fixed price for performing all the duties and responsibilities detailed in this RFP and scope of work for each award cycle. As stated earlier in the RFP, the Consultant will be responsible for conducting two award cycles, one in calendar year 2023 and another in calendar year 2024. Please also propose a milestone payment schedule for each award cycle based on the completion of three (3) of the required deliverables for each award cycle. The City anticipates the annual cost to be invoiced/paid in three (3) equal payments. RFP 9791 Art to Live Program Administration Page 11 of 30 D. References In your response please provide at least three (3) references for similar work and/or individuals or organizations that have experience working with you in the community’s creative sector. Please provide the contact names/titles, organization, email addresses, and daytime phone numbers. E. Sample Agreement Included with this request for proposals in Section XII is a sample Agreement that the City intends to use for obtaining the services of the Consultant. The Consultant is required to review this Agreement and indicate any objections to the terms of the contract. If revisions to the contractual terms are requested, provide suggested revisions. F. Acknowledgement The Acknowledgement form is attached as Section XI. Complete the attached form indicating the Consultant hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that the Consultant has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. X. REVIEW AND ASSESSMENT CRITERIA Proposal and Interview Criteria Consultants will be evaluated on the following criteria. This set of criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Consultants may be conducted. The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements, a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds minimum requirements in that category. Criteria Weighting Experience & Capability 80% Cost Within Budget & Payment Schedule 20% RFP 9791 Art to Live Program Administration Page 12 of 30 XI. ACKNOWLEDGEMENT Consultant hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP 9791 Art to Live Program Administrator and sample Agreement except as otherwise noted. Additionally, Consultant hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Consultant’s knowledge and belief. b. Consultant commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Consultant further agrees that the method of award is acceptable. e. Consultant also agrees to complete the proposed Agreement with the City of Fort Collins within 10 days of notice of award. If contract is not completed and signed within 10 days, City reserves the right to cancel and award to the next highest rated firm. f. Consultant acknowledges receipt of addenda. g. Consultant acknowledges no conflict of interest. h. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under Colorado Open Records Act (CORA). Consultant hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. Official Purchasing Document Last updated 5/11/2021 RFP 9791 Art to Live Program Administration Page 13 of 30 XII. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) 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" and , hereinafter referred to as "Consultant". 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 Consultant agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of ( ) page and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence , 2021, and shall continue in full force and effect until , 2022, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. Written notice of renewal shall be provided to the Consultant 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 Consultant must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Consultant. Such notice shall be delivered at least ten (10) 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 immediately when emailed or three business days from the date of the notice when mailed to the following addresses: Consultant: City: Copy to: Official Purchasing Document Last updated 5/11/2021 RFP 9791 Art to Live Program Administration Page 14 of 30 Attn: Email Address City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 Email Address City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com In the event of early termination by the City, the Consultant shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Consultant's obligations under this Agreement. Consultant shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Consultant's sole right and remedy for such termination. 5. Compensation. The City shall pay the Consultant 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. Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Consultant following the submittal of a correct itemized invoice by the Consultant. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The City pays invoices on Net 30 days from the date of the invoice. 6. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 7. City Representative. The City 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 Representative. 8. Independent Consultant. The services to be performed by Consultant are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Consultant's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 9. Subcontractors. Consultant may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the City, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of Official Purchasing Document Last updated 5/11/2021 RFP 9791 Art to Live Program Administration Page 15 of 30 the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Consultant. Irrespective of any subcontractors named in Exhibit A, Consultant shall be solely responsible for performance of all duties hereunder. 10. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Consultant and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Consultant shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 11. 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 under this Agreement or cause of action arising out of performance of this Agreement. 12. Warranty. a. Consultant warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Consultant warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period, the longer of; i) The original manufacturer’s warranty term; or ii). 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 Consultant or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired, or replaced by Consultant in a manner and at a time acceptable to City. 13. 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. 14. 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 Official Purchasing Document Last updated 5/11/2021 RFP 9791 Art to Live Program Administration Page 16 of 30 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. 15. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction 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. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 16. Indemnity/Insurance. a. The Consultant agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Consultant shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Consultant's obligations hereunder, the Consultant shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page, attached hereto, and incorporated herein by this reference. The Consultant before commencing services hereunder, shall deliver to the City's Purchasing Director, purchasing@fcgov.com or 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. 17. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution, and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. 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. Official Purchasing Document Last updated 5/11/2021 RFP 9791 Art to Live Program Administration Page 17 of 30 18. Utilization by Other Agencies. [Optional] The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for the City of Fort Collins in connection with the exercise of any rights hereunder, and neither party shall have any right or authority to assume or create any obligation or responsibility on behalf of the other. The other Agency shall be solely responsible for any debts, liabilities, damages, claims or expenses incurred in connection with any agreement established between them and the Consultant. The City’s concurrence hereunder is subject to the Consultant’s commitment that this authorization shall not have a negative impact on the work to be completed for the City. 19. Prohibition Against Unlawful Discrimination. The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. 20. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 21. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. Official Purchasing Document Last updated 5/11/2021 RFP 9791 Art to Live Program Administration Page 18 of 30 22. 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; Exhibit E – American Rescue Plan Act Terms and Conditions, consisting of seven (7) pages, attached hereto and incorporated herein by this reference. [Signature Page Follows] Official Purchasing Document Last updated 5/11/2021 RFP 9791 Art to Live Program Administration Page 19 of 30 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: CONSULTANT By: Printed: Title: Date: Official Purchasing Document Last updated 5/11/2021 RFP 9791 Art to Live Program Administration Page 20 of 30 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 5/11/2021 RFP 9791 Art to Live Program Administration Page 21 of 30 EXHIBIT B BID SCHEDULE/COMPENSATION The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price adjustments may only be negotiated and agreed to in writing at the time of renewal. Official Purchasing Document Last updated 5/11/2021 RFP 9791 Art to Live Program Administration Page 22 of 30 EXHIBIT C INSURANCE REQUIREMENTS The Consultant 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 Consultant shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. 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 Consultant, 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 Consultant under this Agreement. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 The City, its officers, agents and employees shall be named as additional insureds on the Consultant 's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Consultant shall maintain during the life of this Agreement for all of the Consultant's employees engaged in work performed under this agreement. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The Consultant shall maintain during the life of this Agreement such General Liability 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 General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The Consultant shall maintain during the life of this Agreement such 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 Automobile Liability, 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 Consultant 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. Official Purchasing Document Last updated 5/11/2021 RFP 9791 Art to Live Program Administration Page 23 of 30 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Consultant hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Consultant has agreed to perform, the Consultant hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Consultant agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Consultant shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Consultant shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Consultant 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 Consultant shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Consultant ceases to perform services for the City, or the City so requests for any reason, the Consultant shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Consultant understands and agrees that the City’s remedies at law for a breach of the Consultant’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. Official Purchasing Document Last updated 5/11/2021 RFP 9791 Art to Live Program Administration Page 24 of 30 EXHIBIT E AMERICAN RESCUE PLAN ACT TERMS & CONDITIONS (A) [For a Contract for more than the simplified acquisition threshold ($250,000), which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, the contract must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.] Breach. Any breach of the Contract by Contractor shall be governed by the termination and remedies provisions of the Contract. Additionally, in the event that the City incurs damages as a result of Contractor’s breach, the City may pursue recovery of such damages from Contractor. The City further retains the right to seek specific performance of the Contract at any time as authorized by law. The City further retains the right to otherwise pursue any remedies available to the City as a result of the Contractor’s breach, including but not limited to administrative, Contractual, or legal remedies, as well as any applicable sanctions and penalties. Remedies for Non-Performance. If Contractor fails to perform any of its obligations under this Contract, the City may, at its sole discretion, exercise one or more of the following remedies, which shall survive expiration or termination of this Contract: a. Suspend Performance: The City may require the Contractor to suspend performance of all or any portion of the Work pending necessary corrective action specified by the City and without entitling Contractor to an increase in compensation or extension of the performance schedule. Contractor must promptly stop performance and incurring costs upon delivery of a notice of suspension by the City. b. Withhold Payment Pending Corrections: The City may permit Contractor to correct any rejected Work at the City ’s discretion. Upon City ’s request, Contractor must correct rejected Work at Contractor’s sole expense within the time frame established by the City. Upon completion of the corrections satisfactory to the City, City will remit payment to Contractor. c. Deny Payment: City may deny payment for any Work that does not comply with the requirements of the Contract or that Contractor otherwise fails to provide or complete, as determined by the City in its sole discretion. Upon City request, Contractor will promptly refund any amounts prepaid by the City with respect to such non-compliant Work. d. Removal: Upon City ’s request, Contractor will remove any of its employees or agents from performance of the Work, if the City, in its sole discretion, deems any such person to be incompetent, careless, unsuitable, or otherwise unacceptable. (B) [All Contracts in excess of $10,000 must address termination for cause and for convenience including the manner by which it will be effected and the basis of the settlement.] Termination. Termination for Convenience. The City may terminate this Contract, in whole or in part, for any reason, upon five (5) days written notice to the Contractor. In such event, the City shall pay the Contractor its costs, including reasonable Contract close-out costs, and profit on Work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any property in Official Purchasing Document Last updated 5/11/2021 RFP 9791 Art to Live Program Administration Page 25 of 30 its possession belonging to the City, the Contractor will account for the same, and dispose of it in a manner the City directs. Termination for Breach. Either Party’s failure to perform any of its material obligations under this Contract, in whole or in part or in a timely or satisfactory manner, will be a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within thirty (30) days after the institution of such proceeding, will also constitute a breach. In the event of a breach, the non-breaching Party may provide written notice of the breach to the other Party. If the notified Party does not cure the breach, at its sole expense, within thirty (30) days after delivery of notice, the non-breaching Party may exercise any of its remedies provided under this Contract or at law, including immediate termination of the Contract. (C) [Except as otherwise provided under 41 CFR Part 60, all Contracts that meet the definition of “federally assisted construction Contract” in 41 CFR Part 60-1.3] Equal Employment Opportunity. Contractor agrees to comply with the Equal Opportunity Clause provided under 41 CFR 60- 1.4(a) (Government Contracts) and 41 CFR 60-1.4(b) (Federal Assisted Construction Contracts), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” Contractor further agrees to include this provision, including the Equal Opportunity Clause or a reference thereto, in any subcontracts it enters into pursuant to the Contract. During the performance of this Contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, 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. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the Official Purchasing Document Last updated 5/11/2021 RFP 9791 Art to Live Program Administration Page 26 of 30 compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders, to the extent permitted by law. (7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government Contracts or federally assisted construction Contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subContract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subContract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of Contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant Official Purchasing Document Last updated 5/11/2021 RFP 9791 Art to Live Program Administration Page 27 of 30 orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any Contract or Contract modification subject to Executive Order 11246 of September 24, 1965, with a Contractor debarred from, or who has not demonstrated eligibility for, Government Contracts and federally assisted construction Contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (Contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (2) [Reserved] (c) Subcontracts. Each nonexempt prime Contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts. (d) Inclusion of the equal opportunity clause by reference. The equal opportunity clause may be included by reference in all Government Contracts and subcontracts, including Government bills of lading, transportation requests, Contracts for deposit of Government funds, and Contracts for issuing and paying U.S. savings bonds and notes, and such other Contracts and subcontracts as the Director of OFCCP may designate. (e) Incorporation by operation of the order. By operation of the order, the equal opportunity clause shall be considered to be a part of every Contract and subcontract required by the order and the regulations in this part to include such a clause whether or not it is physically incorporated in such Contracts and whether or not the Contract between the agency and the Contractor is written. (f) Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings. (D) [For Contract awards (see 2 CFR 180.220)] Debarment and Suspension (Executive Orders 12549 and 12689). Contractor attests that it is not listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. a. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor’s Official Purchasing Document Last updated 5/11/2021 RFP 9791 Art to Live Program Administration Page 28 of 30 principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). b. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. c. This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. d. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (E) [All Contracts] Procurement of recovered materials (2 CFR §200.323). All parties agree to comply with all applicable requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. a. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: • Competitively within a timeframe providing for compliance with the contract performance schedule; • Meeting contract performance requirements; or • At a reasonable price. b. Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (F) [All Contracts] Prohibition on certain telecommunications and video surveillance services or equipment (2 CFR §200.216). Contractor is prohibited from using equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or Official Purchasing Document Last updated 5/11/2021 RFP 9791 Art to Live Program Administration Page 29 of 30 affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (G) [All Contracts] 2 C.F.R. § 200.322 Domestic preferences for procurements. As appropriate and to the extent consistent with law, Contractor should, to the greatest extent practicable, prefer the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all Contracts and purchase orders for work or products under this award. (H) [All Contracts] 2 C.F.R. § 200.321 Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms. The City will take affirmative steps to solicit and include small, minority, and women-owned businesses when possible in an effort to encourage participation and fair competition in providing supplies/services described in this solicitation. As set forth in 2 C.F.R. § 200.321(b)(1)-(5), such affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. If subcontracts are to be let, Contractor must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms as required by 2 C.F.R. § 200.321. Official Purchasing Document Last updated 5/11/2021 RFP 9791 Art to Live Program Administration Page 30 of 30 (I) [All Contracts] City of Fort Collins Bid Protest Procedures The City of Fort Collins has a protest procedure covering any phase of solicitation or award, including but not limited to specification or award. The protest procedures are available from the Purchasing Department, City of Fort Collins, 215 N. Mason, Street, 2nd Floor, P. O. Box 580, Fort Collins, CO. 80522. You may also request a copy of the procedures by emailing: Purchasing@fcgov.com or calling 970-221-6775. (J) TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Applies to all contracts except micro-purchases. The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. (K) INCREASING SEAT BELT USE IN THE UNITED STATES Applies to all contracts except micro-purchases. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), the City encourages its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. (L) REDUCING TEXT MESSAGING WHILE DRIVING Applies to all contracts except micro-purchases. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the City encourages its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and the City has established workplace safety policies to decrease accidents caused by distracted drivers. (M) PUBLICATIONS Applies to all contracts except micro-purchases. Any publications produced under this contract or agreement must display the following language: “This project is being supported, in whole or in part, by federal award number 21.019 awarded to the City of Fort Collins by the U.S. Department of the Treasury.”