HomeMy WebLinkAboutCONTRACT - RFP - 9791 ART TO LIVE PROGRAM ADMINISTRATIONOfficial Purchasing Document
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Services Agreement
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SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and THE FREE CORNER, LLC, a Limited Liability Company, hereinafter
referred to as "Consultant" and “Business”.
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 six (6) pages and incorporated herein
by this reference.
2. Contract Period. This Agreement shall commence May 18, 2023, and shall continue in full
force and effect until December 31, 2024, unless sooner terminated as herein provided. In
addition, the Agreement may be extended by mutual agreement for one (1) additional year.
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. Notice shall be delivered at least ten (10) days before 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:
The Free Corner, LLC
Attn: Maya Ortega
301 E. Magnolia St.
Apt. 2S
Fort Collins, CO 80524
Mayaortega1@gmail.com
City of Fort Collins
Attn: Solara Clark
PO Box 580
Fort Collins, CO 80522
sclark@fcgov.com
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
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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 termination.
5. Compensation. The City shall pay the Consultant for the performance of this Contract, subject
to additions and deletions provided herein, Fifteen Thousand Dollars ($15,000) per calendar
year for a total of Thirty Thousand Dollars ($30,000).
Payments shall be made in accordance with the following payment schedule:
Calendar Year 2023 – Award Cycle One - $15,000 Total
Initial Payment - $5,000 Project Kickoff & Initial Grounding
Second Payment - $5,000 Complete Application Review and Eligibility Determination
Third Payment - $5,000 Complete Reporting and Records Management
Calendar Year 2024 – Award Cycle Two - $15,000 Total
Initial Payment - $5,000 Award Cycle Two Project Kickoff
Second Payment - $5,000 Complete Application Review and Eligibility Determination
Third Payment - $5,000 Complete Reporting and Records Management
Invoices shall be submitted for each payment and emailed to invoices@fcgov.com with a copy
to the Project Manager.
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 and non-appropriation shall not be treated as a breach by the City.
7. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of the representative’s 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
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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
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). beg inning 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.
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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
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. The Consultant certifies Exhibit B-1, Certificate of Exemption from Statutory Workers’
Compensation Law and Acknowledgement of Risk/Hold Harmless Agreement and B-2,
Certificate of Exemption from Vehicle Liability Insurance and Acknowledgement of
Risk/Hold Harmless Agreement are true and accurate. The Contractor shall promptly
notify the City in the event of a change in status such that the statements made in Exhibit
B-1 or B-2 are no longer valid.
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
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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.
18. 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” me ans 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.
19. 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.
20. 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.
21. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit C - Confidentiality, consisting of one (1)
page; Exhibit D – American Rescue Plan Act Terms and Conditions, consisting of seven (7)
pages, attached hereto and incorporated herein by this reference. In the event of any conflicts
between the terms of the Agreement and Exhibit D, Exhibit D shall control.
[Signature Page Follows]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul, Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
CONSULTANT
By:
Maya Ortega
Date:
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6/7/2023
Assistant City Attorney
6/7/2023
Chief Deputy City Clerk
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EXHIBIT A
SCOPE OF SERVICES
I. Background & Objective / Overview
a. Objective
The 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 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 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.
II. Scope of Proposal
a. General Scope of Work
The Consultant will 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.
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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; collaborating with City
Cultural Services staff to provide updates to City Council on the progress and impact
of the grant program; and providing development opportunities to each cohort of
grant recipients. 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 for the grant program application 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 also make direct contact
with creative organizations and networks via email to promote the grant program.
The Consultant will not share any digital or social media content without
consulting the City’s Communication & Public Involvement Office to confirm
adherence with all communication and engagement policies. 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.
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DELIVERABLES:
1. Promotional materials that conform to the City’s branding guidelines, including
but not limited to 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
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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.
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
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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.
v. Development Opportunities for Grant Recipients
The Consultant will provide development opportunities for each cohort of grant
recipients, including but not limited to: quarterly recipient cohort meetings with
presentations on relevant development topics; facilitation of artist pairings for
networking, mentorship, and development; and other opportunities as ideas arise.
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DELIVERABLES:
1. For both calendar years 2023 and 2024, documentation of professional
development activities, including quarterly cohort meetings and artist pairings.
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EXHIBIT B-1
CERTIFICATE OF EXEMPTION FROM STATUTORY WORKERS’ COMPENSATION LAW
AND ACKNOWLEDGEMENT OF RISK/HOLD HARMLESS AGREEMENT
The Consultant hereby certifies the business entity has no employees as defined by the
Workers’ Compensation Act of Colorado, C.R.S. §§ 8-40-101, et seq., (the “Act”) other than those
owners, members, partners, directors or other principals that have elected to be exempt from
Workers’ Compensation coverage in accordance with Colorado law.
On behalf of said business and its officers, agents, insurers, heirs, legal representatives,
successors and assigns (collectively the “Business”), the Consultant warrants that it has full
authority to execute the Agreement on behalf of the Business. The Consultant warrants it
understands the requirements of the Act with respect to providing Workers’ Compensation
coverage for any employees of the Business. If the Business’s status changes in such a
manner that requires Workers’ Compensation Insurance, the Business shall provide the City
with a Certificate of Insurance evidencing proof of Workers’ Compensation Insurance coverage
and Employer’s Liability Insurance coverage as required by the Agreement. The Business shall
provide such Certificate of Insurance prior to the employees’ start of work for the City.
On behalf of the Business, the Consultant acknowledges the Business may be contracting to
engage in activities that involve a risk of personal injury, that the Business is capable of
performing the activities, and that the Business shall take all necessary precautions to prevent
injury. The Business does hereby waive, release and forever discharge and hold harmless the
City, its officers, employees, agents and insurers from any and all liability, damages, claims,
causes of action and demands with respect to any bodily injury, personal injury, illness, or death
that may result from the performance of the Agreement, either in law or equity, whether caused
by the negligence or breach of contract of the City its officers, employees, agents and insurers
or otherwise. The Business also understands that the City, its officers, employees, agents and
insurers do not assume any responsibility for, or obligation to, provide the Business with
financial assistance or other assistance, including but not limited to medical, health, or disability
insurance in the event of any bodily injury, personal injury, illness or death The Business agrees
to defend, indemnify, and hold harmless the City from any and all such claims.
As an independent contractor, the Business acknowledges that neither the Business nor any
person employed by or serving the Business is entitled to workers’ compensation benefits from
the City. The Business hereby waives any rights or claims to workers’ compensation benefits
from the City and agrees to indemnify and hold the City harmless against any claims for such
benefits by any officer, director, owner, employee, or servant of the Business or any other
person claiming through the Business.
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Services Agreement
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EXHIBIT B-2
CERTIFICATE OF EXEMPTION FROM VEHICLE LIABILITY INSURANCE
AND ACKNOWLEDGEMENT OF RISK/HOLD HARMLESS AGREEMENT
The Consultant hereby certifies that it shall not utilize any motor vehicles in the course of
providing services to the City.
On behalf of said business and its officers, agents, insurers, heirs, legal representatives,
successors and assigns (collectively the “Business”), the Consultant warrants that it has full
authority to execute the Agreement on behalf of the Business. The Consultant warrants the
Business understands and complies with the motor vehicle insurance requirements as required
by law. If the nature of the Business’s work for the City changes in such a manner that vehicles
will be used in the provision of services to the City, the Business shall provide the City with a
Certificate of Insurance evidencing proof of Vehicle Liability Insurance coverage in the amount
of $1,000,000 with the City as a named additional insured. The Business shall provide such
Certificate of Insurance prior to utilization of any vehicles in the provision of services to the City.
On behalf of the Business, the Consultant acknowledges the Business shall maintain at all times
vehicle insurance in accordance with minimum requirements as required by law. The Business
does hereby waive, release and forever discharge and hold harmless the City, its officers,
employees, agents and insurers from any and all liability, damages, claims, causes of action
and demands with respect to any bodily injury, personal injury, illness, death, and property
damage that arises from the performance of the Agreement, either in law or equity, whether
caused by the negligence or breach of contract of the City its officers, employees, agents and
insurers or otherwise. The Business also understands that the City, its officers, employees,
agents and insurers do not assume any responsibility for, or obligation to, provide the Business
with financial assistance or other assistance, including but not limited to medical, health, or
disability insurance in the event of any bodily injury, personal injury, illness or death The
Business agrees to defend, indemnify, and hold harmless the City from any and all such claims.
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EXHIBIT C
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.
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EXHIBIT D
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
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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
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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
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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 C ontractor is required to verify that none of the Contractor’s
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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
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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.
(I) [All Contracts] City of Fort Collins Bid Protest Procedures
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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.
(N) 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 T itle VI
regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this
contract or agreement.
(O) 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.
(P) 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.
(Q) 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.”
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