HomeMy WebLinkAboutRFP - 9944 E-Waste Recycling ServicesRFP 9944 E-Waste Recycling Services Page 1 of 22
REQUEST FOR PROPOSAL
9944 E-WASTE RECYCLING SERVICES
RFP DUE: 3:00 PM MT (Mountain Time), March 14, 2024
The City of Fort Collins is requesting proposals from qualified Service Providers to select a firm
to provide E-Waste Recycling Services for the City of Fort Collins’ own facilities.
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 Ed Bonnette, CPM, CPPB, Senior
Buyer at ebonnette@fcgov.com, with a copy to Orin Ryssman, Project Manager, at
ORyssman@fcgov.com, no later than 3:00 PM MT on February 29, 2024. Please format your
e-mail to include: RFP 9944 E-WASTE RECYCLING SERVICES 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):
92677 Recycling Services
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
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.
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 9944 E-Waste Recycling Services Page 2 of 22
The City requires its Service Providers 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 Service Providers 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. Service Providers may
submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this
version of the proposal, Service Providers may redact text and/or data that it deems confidential
or proprietary pursuant to CORA. All pricing will be considered public records subject to
disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC
VIEWING” version of the proposal. 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 information and financial data information may not be disclosed
by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By
responding to this RFP, Service Provider hereby waives any and all claims for damages against
the City for the City’s good faith compliance with CORA. All provisions and pricing of any
contract resulting from this request for proposal will be public information.
Service Providers Registration: The City requires new Service Providers receiving awards from
the City to submit IRS form W-9 and requires all Service Providers 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.
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.
RFP 9944 E-Waste Recycling Services Page 3 of 22
The selected Service Provider 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 9944 E-Waste Recycling Services Page 4 of 22
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins is requesting proposals from qualified Service Providers to select a
firm to provide E-Waste Recycling Services for the City of Fort Collins’ own facilities.
II. SCOPE OF PROPOSAL
A. Scope of Work
• Proposal Contents
o Summary of experience in e-waste recycling
o Overview of the e-waste recycling services offered
o Individual(s) to be assigned as point-of-contact for this project and summary of
their experience
o Do you charge to pick up at our facilities in Fort Collins, Colorado? What is lead
time required to schedule a pickup?
o Cost, by product category
o Products accepted as no-charge donations (if any)
o Any items you Do Not Accept?
o Minimum three (3) references, preferably from other public agencies in Colorado.
Include agency name, contact name, phone number, and email address.
o Signed Vendor Acknowledgement (does not count toward 10 page total)
o MANDATORY: Third party certification to Responsible Recycling Practices (R2),
the e-Stewards Standard for Responsible Recycling and Reuse of Electronic
Equipment, or R2/RIOS; and include current valid certificate as part of your
proposal submission. (does not count toward 10 page total)
B. Minimum Qualifications
The awarded Service Provider must have third party certification to Responsible
Recycling Practices (R2), the e-Stewards Standard for Responsible Recycling and
Reuse of Electronic Equipment, or R2/RIOS; and include their current valid certificate as
part of their proposal submission.
C. 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.
• RFP issuance: February 22, 2024
• Question deadline: 3:00 PM MT on February 29, 2022
• Final Addendum Issued: March 6, 2024
• Proposal due date: 3:00 PM MT on March 14, 2024
• Interviews (if necessary): Week of March 25, 2024
RFP 9944 E-Waste Recycling Services Page 5 of 22
• Award of Contract (tentative): April 1, 2024
D. Interviews
In addition to submitting a written proposal, the top-rated Service Providers may be
interviewed by the RFP assessment team and asked to participate in an oral presentation
to provide an overview of the company, 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 IV.
Because of recent events involving COVID-19, the City may use non-traditional methods
for the optional interview phase of the assessment process. The City will receive and score
written proposals. However, instead of traditional in-person interviews for the optional
interview session, the City may opt to use alternate methods including, but not limited to
remote interviews through a platform such as Microsoft Teams or Zoom.
E. Subcontractors/Subconsultants
Service Provider will be responsible for identifying any subcontractors and/or
subconsultants in their proposal. Please note that the City will contract solely with the
awarded Service Provider; therefore, subcontractors and/or subconsultants will be the
responsibility of the Service Provider.
F. Current standards
All work and/or materials must meet current standards in force by recognized technical
and professional societies, trade and materials supply associations, institutes and
organizations, bureaus and testing laboratories, and national, federal, state, county, and
local laws, codes and ordinances.
G. Fees, Licenses, Permits
The successful Service Provider shall be responsible for obtaining any necessary
licenses, fees or permits without additional expense to the City. All vehicles and equipment
shall be properly licensed and insured, carry the appropriate permits and be placarded as
required by law.
H. Laws and Regulations
The Service Provider 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).
I. Invoicing and Payment
Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project
Manager. The cost of the work completed shall be paid to the Service Provider each month
following the submittal of a correct invoice by the Service Provider indicating the project
name, Purchase Order number, task description, hours worked, personnel/work type
category, hourly rate for each employee/work type category, date of the work performed
specific to the task, percentage of that work that has been completed by task, 3rd party
supporting documentation with the same detail and a brief progress report.
Payments will be made using the prices stated in the Agreement. In the event a service
is requested which is not stated in the Agreement, the Service Provider and the City will
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negotiate an appropriate unit price for the service prior to the Service Provider initiating
such work.
The City pays invoices on Net 30 terms.
J. COVID-19 Compliance
The Service Provider 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. The Service Provider shall ensure employees and
subcontractors/subconsultants with COVID-19 symptoms do not report to the job
site. Service Provider must organize work to ensure individuals minimize contact and
maximize social distancing. Individuals must wear all standard worksite personal
protective equipment (PPE). In addition, individuals should wear a mask or cloth face
covering consistent with local public health recommendations and other applicable safety
requirements.
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of ten (10) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and Acknowlegement form). Font shall be
a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom.
Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed
pricing. Links to other files or websites shall not be permitted. Proposals that do not conform
to these requirements may be rejected.
Service Providers 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 Service
Providers propose to provide and shall be incorporated in the contract award as deemed
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 Service
Providers 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. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Service Provider/Professional Information
1. Describe the Service Provider’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
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6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
C. Scope of Proposal/Services Offered
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
3. Briefly describe the approach to execute the scope of work to include the methods and
assumptions used, and any exceptions and/or risks.
4. Identify what portion of work, if any, may be subcontracted or outsourced to
subconsultants.
D. Firm Capability and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and subconsultants with titles and their
specific task assignment for this Agreement shall be provided in this section.
2. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the services described above.
3. References. Provide a minimum of three similar projects with public agencies in the
last 5 years that have involved the staff and subcontractors/subconsultants proposed
to work on this project. Include the owner’s name, title of project, beginning price,
ending price, contact name, email and phone number, subconsultants on the team
and a brief description of the work and any change orders. The Service Provider
authorizes the City to verify any and all information contained herein and hereby
releases all those concerned providing information as a reference from any liability in
connection with any information provided.
4. Provide any information that distinguishes Service Provider from its competition and
any additional information applicable to this RFP that might be valuable in assessing
Service Provider’s proposal.
5. What adjustments to your processes do you plan to make due to COVID-19?
E. Cost
In your response to this proposal, please provide the following:
1. Cost by Task: Provide the cost of each task identified in the Scope of Proposal section.
Provide a total not to exceed cost for the Scope of Proposal. Price all additional
services/deliverables separately.
2. Schedule of Rates: Provide a schedule of billing rates by category of employee and
job title to be used during the term of the Agreement. This fee schedule will be firm for
RFP 9944 E-Waste Recycling Services Page 8 of 22
at least one (1) year from the date of the Agreement. The fee schedule will be used as
a basis for determining fees should additional services be necessary. Include a per
meeting rate in the event additional meetings are needed. A fee schedule for
subconsultants/subcontractors, if used, shall be included.
F. Sample Agreement
Included with this request for proposals is a sample Agreement that the City intends to
use for obtaining the services of the Service Provider. The Service Provider 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.
G. Acknowledgement
The Acknowledgement form is attached as Section V. Complete the attached form
indicating the Service Provider hereby acknowledges receipt of the City of Fort Collins
Request for Proposal and acknowledges that the Service Provider has read and agrees
to be fully bound by all of the terms, conditions and other provisions set forth in the RFP.
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IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Service Providers 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 Service Providers 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.
WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
1.0 Services Offered
Does the proposal address all elements of the
RFP? Does the proposal show an
understanding of the project objectives,
methodology to be used and results/outcomes
required by the project? Are there any
exceptions to the specifications, Scope of Work,
or agreement? Does the Service Provider have
an acceptable Lead Time to provide Services?
1.0 Firm Capability &
Assigned Personnel
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete the project on-
time and in-budget? Has the firm successfully
completed previous projects of this type and
scope? Do the persons who will be working on
the project have the necessary skills and
qualifications? Are sufficient people of the
requisite skills and qualifications assigned to the
project?
1.0 Certifications Does the firm have the mandatory certifications
required?
1.0 Cost
Does the proposal included detailed cost break-
down for each cost element as applicable and
are the line-item costs competitive? Do the
proposed cost and work hours compare
favorably with the Project Manager's estimate?
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V. ACKNOWLEDGEMENT
Service Provider 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 9944 E-Waste Recycling Services and sample
Agreement except as otherwise noted. Additionally, Service Provider 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
Service Provider’s knowledge and belief.
b. Service Provider 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. Service Provider further agrees that the method of award is acceptable.
e. Service Provider 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. Service Provider acknowledges receipt of addenda.
g. Service Provider acknowledges no conflict of interest.
h. Service Provider acknowledges that 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. Service Providers may submit one (1) additional complete proposal
clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Service
Providers may redact text and/or data that it deems confidential or proprietary pursuant to
CORA. All pricing will be considered public records subject to disclosure under CORA
and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the
proposal. 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 information and financial data
information may not be disclosed by the City. Proposals may not be marked “Confidential”
or ‘Proprietary’ in their entirety. By responding to this RFP, Service Providers hereby
waives any and all claims for damages against the City for the City’s good faith compliance
with CORA. All provisions and pricing of any contract resulting from this request
for proposal will be public information.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
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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 2/1/2023
Services Agreement
RFP 9944 E-Waste Recycling Services Page 12 of 22
VI. 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 , a(n) [Enter State] Corporation, hereinafter referred to as
"Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance with the
scope of services attached hereto as Exhibit A, consisting of ( ) page and incorporated
herein by this reference.
2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall
be performed in accordance with the Work Schedule attached hereto as Exhibit , consisting
of ( ) page,and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be performed pursuant
to this Agreement shall be initiated within ( ) days following execution of this
Agreement. Services shall be completed no later than . Time is of the essence. Any
extensions of the time limit set forth above must be agreed upon in a writing signed by the
parties.
4. Contract Period. This Agreement shall commence , 2023, and shall continue in full force
and effect until , 2024, 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 Service Provider and mailed no later than thirty (30) days
prior to contract end.
5. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or negligence, then
the party so prevented shall be excused from whatever performance is prevented by such
cause. To the extent that the performance is actually prevented, the Service Provider must
provide written notice to the City of such condition within ten (10) days from the onset of such
condition.
Official Purchasing Document
Last updated 2/1/2023
Services Agreement
RFP 9944 E-Waste Recycling Services Page 13 of 22
6. Early Termination by City. 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 Service Provider. 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. In
the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the Service
Provider's obligations under this Agreement. Service Provider 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 Service Provider's sole right
and remedy for such termination.
7. Notices. All notices provided under this Agreement shall be effective immediately when
emailed or three (3) business days from the date of the notice when mailed to the following
addresses:
Service Provider: City: Copy to:
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
8. 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
for contract interpretations, change order, and other clarification or instruction shall be directed
to the City Representative.
The initial City Representative for this agreement is [Enter Name] and can be reached at
[Enter Email] or [Enter Phone]. The Representative is subject to change by the City.
9. Compensation. The City shall pay the Service Provider for the performance of this Contract,
subject to additions and deletions provided herein, ($ ) as per the attached Exhibit
, consisting of ( ) page and incorporated herein by this reference.
Invoices shall be emailed to invoices@fcgov.com with a copy to the City Representative. The
cost of the work completed shall be paid to the Service Provider following the submittal of a
correct itemized invoice by the Service Provider. 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.
10. 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,
Official Purchasing Document
Last updated 2/1/2023
Services Agreement
RFP 9944 E-Waste Recycling Services Page 14 of 22
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.
11. Independent Service Provider. The services to be performed by Service Provider are those
of an independent service provider and not of an employee of the City of Fort Collins. The
City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or
for any other purpose.
12. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit
A, Statement of Work without the prior written consent of the City, 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 Service Provider.
Irrespective of any subcontractors named in Exhibit A, Service Provider shall be solely
responsible for performance of all duties hereunder.
13. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
14. 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.
15. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with the
highest degree of competence and care in accordance with accepted standards for work
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. Service Provider 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
Official Purchasing Document
Last updated 2/1/2023
Services Agreement
RFP 9944 E-Waste Recycling Services Page 15 of 22
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 Service
Provider 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 Service Provider in a manner and at a time
acceptable to City.
16. 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.
17. 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 themselves 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.
18. 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.
19. Indemnity/Insurance.
a. The Service Provider 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 Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
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 , consisting
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of one (1) page attached hereto, and incorporated herein by this reference. The Service
Provider before commencing services hereunder, shall deliver to the City's Purchasing
Director, 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.
20. 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.
21. 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 Service Provider. The
City’s concurrence hereunder is subject to the Service Provider’s commitment that this
authorization shall not have a negative impact on the work to be completed for the City.
22. 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, affirmatively ensures that for all contracts entered into with the City,
disadvantaged business enterprises are afforded a full and fair opportunity to bid on the
contract and are not to 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.
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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.
23. 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.
24. 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.
25. Dust Control. [Optional] The Service Provider shall abide by the City of Fort Collins “Dust
Control and Prevention Manual,” which is available for public download at https://www.
fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein
by this reference. The City of Fort Collins has implemented this manual for all projects
performed for the City of Fort Collins or located within the City of Fort Collins City limits.
26. Force Majeure. No Party hereto shall be considered in default in the performance of an
obligation hereunder to the extent that performance of such obligation is delayed, hindered,
or prevented by force majeure. Force majeure shall be any cause beyond the control of the
defaulting Party which could not reasonably have been foreseen and guarded against. Force
majeure includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism,
interference by civil or military authorities, compliance with regulations or orders of military
authorities, and acts of war (declared or undeclared), provided such cause could not have
been reasonably foreseen and guarded against by the defaulting Party. Force majeure shall
not include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or
compliance with regulations or orders of civil authorities. To the extent that the performance
is actually prevented, the Service Provider must provide written notice to the City of such
condition within ten (10) days from the onset of such condition.
27. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of
one (1) page, attached hereto, and incorporated herein by this reference.
[Signature Page Follows]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul, Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER
By:
Printed:
Title:
Date:
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EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT
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.
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EXHIBIT
INSURANCE REQUIREMENTS
The Service Provider will provide, from insurance companies acceptable to the City, the insurance
coverage designated hereinafter and pay all costs. Before commencing work under this bid, the
Service Provider shall furnish the City with certificates of insurance showing the type, amount,
class of operations covered, effective dates and date of expiration of policies.
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may
take out and maintain, at the expense of the Service Provider, such insurance as the City may
deem proper and may deduct the cost of such insurance from any monies which may be due or
become due the Service Provider under this Agreement.
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 Service
Provider '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 Service Provider shall maintain during
the life of this Agreement for all of the Service Provider's employees engaged in work
performed under this agreement. 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 Service Provider 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 Service Provider 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 Service Provider shall be responsible
for any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
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EXHIBIT
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or relate
to the City or its employees, customers or suppliers, which access is related to the performance
of services that the Service Provider has agreed to perform, the Service Provider hereby
acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Service Provider
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 Service Provider shall not disclose any such information to any person not having a legitimate
need-to-know for purposes authorized by the City. Further, the Service Provider shall not use
such information to obtain any economic or other benefit for itself, or any third party, except as
specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have
no obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider 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 Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’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.