HomeMy WebLinkAboutRFP - 10086 Fitness Equipment for Recreation FacilitiesRFP 10086 Fitness Equipment for Recreational Facilities Page 1 of 20
REQUEST FOR PROPOSAL
10086 FITNESS EQUIPMENT FOR RECREATION FACILITIES
RFP DUE: 3:00 PM MT (Mountain Time), January 15, 2025
The City of Fort Collins is requesting proposals from qualified Service Providers to supply user-
friendly, commercially durable fitness equipment for City recreation facilities on an as-needed
basis. The City would also like the Service Provider to perform routine maintenance and on-call
repairs for existing and any new equipment.
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 Beth Diven, Buyer II at
bdiven@fcgov.com, no later than 3:00 PM MT on December 27, 2024. Please format your e-
mail to include: RFP 10086 Fitness Equipment for Recreation Facilities 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):
805-00 Sporting Goods, Athletic Equipment and Athletic Facility Equipment
805-05 Aerobic Training Equipment
805-57 Gymnasium Apparatus and Equipment
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 nd Floor
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 10086 Fitness Equipment for Recreational Facilities Page 2 of 20
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. Professionals may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of
the proposal, Professionals 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, Professionals 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/ Professionals
receiving awards from the City to submit IRS form W-9 and requires all Service Providers/
Professionals to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at
www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these
documents with your proposal, however, if you take exception to participating in Direct Deposit
(Electronic) payments please clearly note such in your proposal as an exception. The City may
waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
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
RFP 10086 Fitness Equipment for Recreational Facilities Page 3 of 20
the current term or in any future terms.
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 10086 Fitness Equipment for Recreational Facilities Page 4 of 20
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins is requesting proposals from qualified Service Providers to supply user-friendly, commercially durable fitness equipment for City recreation facilities on an
as-needed basis. The City would also like the Service Provider to perform routine
maintenance and on-call repairs for existing and any new equipment.
The City reserves the right to award a contract to multiple Service Providers, should such
an arrangement be determined to best serve the City’s needs.
B. Background
The City has four recreation facilities that have cardio and weight room equipment and
maintenance needs.
• Northside Aztlan Community Center
• Fort Collins Senior Center
• Foothills Activity Center
• Edora Pool and Ice Center (EPIC)
II. SCOPE OF PROPOSAL
A. Equipment Specifications
The City utilizes the following equipment types:
• A variety of cardio equipment (Treadmills, Ellipticals, Upright and Recumbent
Bikes, Spin/indoor cycle bikes, Recumbent Ellipticals, Stair Stepper machines,
Rower, and other cardio related equipment).
• A variety of Strength machine/circuit equipment/cable machines (Leg press, Calf
raise, Leg extension, Leg Curl, Add/Abductor machine, Lat Pull, Row, Tricep
extension, Bicep Curl, Chest press, Fly machine, shoulder press, Abdominal/low
back, Dual cable trainers & crossover machines, and other strength machine equipment).
• A Variety of Free weight equipment and functional equipment (Bench Press,
Incline & Decline Bench Press, Squat racks, Barbells, Dumbbells, Storage racks,
Weight plates, Adjustable benches, Arm curl bench, Ab/crunch bench, Pull
up/dip/leg raise, and other strength and functional equipment).
All proposed equipment needs to be user friendly and very durable to withstand a high
volume of use on a daily basis.
The City is also interested in information regarding ADA compliant and/or accessible
fitness equipment. The City reserves the right to independently bid such products outside
of the awarded Agreement if the City determines such approach to be in its best interest.
B. Warranty
Service Provider should provide a minimum of a five year warranty on new equipment for
parts and labor, and a lifetime warranty on frames. Please state the warranty for repairs
of out-of -warranty equipment.
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C. Delivery
Service Provider must arrange for all equipment to be delivered to City recreation facilities.
The specific location and installation date will be communicated to the Service Provider
when the order for the new equipment item (s) is placed. All freight, shipping and
handling charges must be included in proposed pricing.
D. Installation
Installation of equipment must be performed by Service Provider or Service Provider’s City
approved subcontractor. Installation includes on-site delivery to the designated recreation
facility, unwrapping of equipment and parts, disposal (recycle as applicable) of packaging
and clean-up, full assembly and set-up/programming of the equipment. Delivery and
installation must be coordinated with the Project Manager prior to delivery. Installation
must be included in proposed equipment pricing.
E. Maintenance
Service Provider will be expected to conduct preventative maintenance on new, existing
and future equipment at the following four City facilities:
• Northside Atzlan Community Center
• Foothills Activity Center
• Senior Center
• Edora Pool & Ice Center (EPIC)
The preventative maintenance is to include a minimum of four (4) service calls per year
(quarterly basis) and be comprised of equipment inspection, cleaning, lubricating,
calibrating, and such other tasks as required by the equipment manufacturer. An inventory
of equipment currently in place at all four facilities is included as Attachment A at the end
of this RFP document.
F. Training
The Service Provider will be required to provide on-site training to City Recreation staff on
the basic functionality and maintenance of any new equipment provided under this
Agreement. Service Provider should also provide relevant documentation with new
equipment, which may include but is not limited to, user manual, maintenance manual,
warranty document, etc. Training must be included in proposed pricing for any new
equipment.
G. 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: December 9, 2024
• Question deadline: 3:00 PM MT on December 27, 2024
• Final Addendum Issued: January 3, 2025
• Proposal due date: 3:00 PM MT on January 15, 2025
• Interviews (tentative): End of January 2025
RFP 10086 Fitness Equipment for Recreational Facilities Page 6 of 20
• Award of Contract (tentative): February 2025
• Contract Effective Date: March 1, 2025
H. 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.
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.
I. 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.
J. 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).
K. Invoicing and Payment
Invoices should be emailed upon completion of services to invoices@fcgov.com with a
copy to the Project Manager. The cost of the work completed shall be paid to the Service
Provider following the submittal of a correct invoice by the Service Provider indicating as
applicable the Purchase Order number (if order exceeds $7,500), services performed,
product number and description, number of products, unit price and total price.
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
negotiate an appropriate unit price for the service prior to the Service Provider initiating
such work.
The City pays invoices on Net 30 terms.
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Acknowledgement 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
RFP 10086 Fitness Equipment for Recreational Facilities Page 7 of 20
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 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
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
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. Equipment descriptions, specifications and brochures (electronic or website address
preferred) of each type of equipment proposed. The City may request a product
demonstration or trial period.
3. Warranty terms and conditions on the proposed equipment and repairs of out-of -
warranty equipment.
4. Describe the maintenance program your firm will provide, including a description of
the services included in routine quarterly preventative maintenance as well as the process and response time for both schedule and urgent warranty and out-of -
warranty repairs.
5. Provide an overview of the firm’s experience and qualifications for servicing the
existing equipment items listed in Attachment X.
6. Identify what portion of work, if any, may be subcontracted or outsourced to
subconsultants. Include all applicable information herein requested for each Service
Provider.
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D. Firm Capability and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
1. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the services described above.
2. Qualified Technicians. Provide an overview of the qualifications, experience and
training program for the firm’s staff performing the services.
3. References. Provide a minimum of three similar projects, preferably with public
agencies, in the last 5 years. Include the organization name, contact name, email and
phone number, subconsultants on the team and a brief description of the work . 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.
E. Availability / Delivery
1. What is the average delivery timeframe for new equipment?
2. How quickly can a service technician be on-site to conduct repairs on out-of -order
equipment?
3. Does the proposed preventative maintenance program include all the services
detailed in the above scope? Are there additional servic es offered as part of the
program?
F. Cost and Work Hours
1. Provide an itemized list of each of the proposed equipment items available from your firm and per item cost. . Each items price should include delivery, installation, and
training.
2. Provide a fixed cost to perform four (4) quarterly preventative maintenance visits for
each facility. Please quote each facility separately based on the existing equipment
list.
3. Provide the labor rates and material mark-up for services that may be necessary and
applicable in performing corrective maintenance and repair of the equipment.
G. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social,
environmental, and economic) of Triple Bottom Line (TBL) sustainable practices
into the workplace. Provide examples along with any metrics used to measure
success within your firm.
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2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the
prime Service Provider.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
workplace, including leadership, and supply chain. Examples of this may be demonstration of working within cultural and language gaps, development of
diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
H. 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.
I. 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.
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.
RFP 10086 Fitness Equipment for Recreational Facilities Page 10 of 20
WEIGHTING CATEGORY STANDARD QUESTIONS
2.0 Scope of Proposal
Does the proposal address all elements of the
RFP? Does the proposal show an
understanding of the project objectives and
results/outcomes required by the project? Are
there any exceptions to the Scope of Work or
agreement? Is the equipment proposed
commercial grade and of high quality?
3.0 Firm Capability &
Assigned Personnel
Does the firm have the resources, financial
strength, capacity and support capabilities required to successfully perform the services?
Has the firm successfully completed previous
projects of this type and scope? What is the
level of post-sale service and support offered?
Will the firm complete the installation, or will the
installation be subcontracted? Are the
individuals performing the installation qualified? Does the firm offer qualified staff for post-sale
service and support?
2.0 Availability &
Delivery
What is the average turnaround time for delivery
of new equipment from the time of order? What
is the time frame required for Service Provider to
be on-site for equipment repairs?
2.0 Cost & Work Hours
Does the proposal include detailed cost break-
down for each cost element as applicable and
are the line-item costs competitive? Do the
proposed costs compare favorably with the
1.0 Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Work for the
project, and their day-to-day business operating
processes and procedures?
Does the firm demonstrate a commitment to all
three aspects (social, environmental, and
economic) of the Triple Bottom Line (TBL)
methodology of sustainability for this project and
in their company value system as evidenced by
their day-to-day business operating processes,
practices and procedures?
RFP 10086 Fitness Equipment for Recreational Facilities Page 11 of 20
V. ACKNOWLEDGEMENT
This form may not be redlined and must be submitted with your proposal. Failure to adhere
to these requirements may result in your proposal being rejected.
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 10086 Fitness Equipment for Recreational Facilities
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. Professionals may submit one (1) additional complete proposal clearly
marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals 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, Professionals 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:
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Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
Official Purchasing Document
Last updated 11/2024
Goods Agreement
RFP/BID # and Name Page 13 of 20
VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
GOODS AGREEMENT
This Good Agreement (Agreement) made and entered into the day and year set forth in
the Agreement Period section below by and between the CITY OF FORT COLLINS, COLORADO,
a Colorado Municipal Corporation, (City) and , a(n) [enter state] [business type],
(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. The Provider agrees to provide and deliver goods in accordance with the Scope of
Work attached hereto as Exhibit A, consisting of [# of Pages], and incorporated herein.
Irrespective of references to named third parties in this Agreement and its Exhibits, the
Provider shall be solely responsible for performance of all duties hereunder.
2. Time of Commencement and Completion of Services. The goods to be delivered pursuant
to this agreement shall be initiated immediately following execution of this Agreement.
Delivery of the products stated in Exhibit A shall be delivered to the City no later than .
The order shall be shipped and delivered complete and undamaged. The delivery address
is: City of Fort Collins, [Address], Fort Collins, CO [Zip Code], attention [City Contact] at
[Email/Phone].
3. Changes. The City may, at any time during the term of the Agreement, make changes to
the Agreement. Such changes shall be agreed upon in writing by the parties.
4. Agreement Period. This Agreement shall commence , 20 (the Effective Date)
and shall continue in full force and effect until , 20 , 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 [choose one] additional one-year period(s).
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 Provider no later than
thirty (30) days prior to Agreement end.
5. Early Termination by City. Notwithstanding the time periods contained herein, the City may
terminate this Agreement at any time without cause or penalty by providing at least ten (10)
calendar days written notice of termination to the Provider.
In the event of early termination by the City, the Provider shall be paid only for undamaged
goods provided or services rendered to the date of termination, subject only to the
satisfactory performance of the Provider's obligations under this Agreement. Provider shall
submit a final invoice within ten (10) calendar days of the effective date of termination.
Official Purchasing Document
Last updated 11/2024
Goods Agreement
RFP/BID # and Name Page 14 of 20
Payment shall be the Provider's sole right and remedy for such termination.
6. 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:
PROVIDER: CITY: Copy to:
Attn:
Email Address
Attn:
PO Box 580
Fort Collins, CO 80522
Email Address
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
All notices under this Agreement shall be written.
7. Compensation. The City shall pay the Provider for the performance of this Agreement,
subject to additions and deletions provided herein, as per the line item pricing in the attached
Exhibit [choose one], consisting of [# of Pages], attached and incorporated herein. This is
an indefinite quantity contract. Shipping terms are FOB Destination(s).
Invoices shall be emailed to invoices@fcgov.com with a copy to the City Project Manager.
The cost of the Services completed shall be paid to the Provider following the submittal of a
correct itemized invoice by the 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 undisputed invoices on Net 30 days from the date of the invoice submittal to
the City or, for disputed invoices, Net 30 days from the date of City Project Manager’s
approval.
8. 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.
9. Use by Other Agencies. The City reserves the right to allow other state and local
governmental agencies, political subdivisions, and/or school districts (collectively Agency)
to use the City’s award determination to the Provider. Use by any other Agency shall not
have a negativ e impact on the City 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 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
Official Purchasing Document
Last updated 11/2024
Goods Agreement
RFP/BID # and Name Page 15 of 20
Provider. The City’s concurrence hereunder is subject to the Provider’s commitment that
this authorization shall not have a negative impact on the Services to be completed for the
City.
10. City Project Manager. The City will designate, before commencement of the Services, the
City Project Manager who will make, within the scope of their 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 Project Manager.
The initial City Project Manager for this Agreement is [Enter Name] and can be reached at
[Enter Email] or [Enter Phone]. The City Project Manager is subject to change by the City.
11. Independent Contractor. The Services to be performed by the Provider are those of an
independent contractor and not of an employee of the City. The City shall not be responsible
for withholding or remitting any portion of Provider's compensation hereunder or any other
amounts on behalf of Provider for the payment of FICA, Workmen's Compensation,
unemployment insurance, other taxes or benefits or for any other purpose.
12. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Provider and that this Agreement shall be considered as an
Agreement for personal services. Accordingly, the Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
goods 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.
14. Warranty.
a. The Provider warrants that all goods delivered, hereunder shall be provided 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 shall be
new and, where not specified, of the most suitable grade of their respective kinds
for their intended use.
c. The Provider warrants all products provided under this Agreement, against defects
and nonconformances in design, materials and workmanship/workwomanship in
accordance with product specifications and/or the original manufacturer’s warranty
from date of delivery upon receipt of written notice from City of any such defect or
nonconformances, the affected item or part thereof shall be repaired or replaced
by the Provider in a manner and at a time acceptable to City.
15. 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
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terms of this agreement, such party may be declared in default thereof.
16. Remedies. In the event a party has been declared in default, that defaulting party shall be
allowed a period of ten (10) calendar days from the date of notice 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.
In the event of a dispute between the parties regarding this Agreement, each party shall
bear its own attorney fees and costs.
17. Entire Agreement; Binding Effect; 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 the matter recited herein. This Agreement
supersedes any prior agreements, promises, or understandings as to the matter recited
herein. The Agreement 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 attac hment, 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.
18. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter and
Municipal Code shall govern the construction, interpretation, execution, and enforcement of
this Agreement—without regard to choice of law or conflict of law principles. 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 U.S. District Court for the District of Colorado. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, that
holding shall not invalidate or render unenforceable any other provision of this Agreement.
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
Governm ental Immunity Act, C.R.S. § 24-10-101, and under any other applicable law.
20. Colorado Open Records Act. The Provider acknowledges the City is a governmental entity
subject to the Colorado Open Records Act, C.R.S. § 24-72-201 (CORA), and documents in
the City’s possession may be considered public records subject to disclosure under the
CORA.
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21. Delay . Time is of the essence. Subject to Force Majeure , if the Provider is temporarily
delayed in whole or in part from performing its obligations, then the Provider shall provide
written notice to the City within two (2) business days defining the nature of the delay.
Provision of written notice under this Section shall not operate as a waiver of any rights or
benefits provided to the City under this Agreement.
22. 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
party that 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 affected 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 Provider must provide notice to the City of such condition within
ten (10) calendar days from the onset of such condition.
23. Prohibited Terms. Nothing in any Exhibit or other attachment shall be construed as a waiver
of any provision above. Any terms included in any Exhibit or other attachment that requires
the City to indemnify or hold Provider harmless; requires the City to agree to binding
arbitration; limits Provider’s liability; or that conflicts with statute, City Charter or City Code
in any way, shall be void.
[Signature Page Follows]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul, Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
PROVIDER
By:
Printed:
Title:
Date:
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EXHIBIT A
SPECIFICATIONS AND ASSOCIATED SERVICES
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EXHIBIT B
COMPENSATION