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HomeMy WebLinkAboutFORT COLLINS AREA SWIM TEAM - CONTRACT - CONTRACT - FASTSERVICES 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 Fort Collins Area Swim Team (FAST), 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: Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of three (3) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for five (5) years, unless sooner terminated as herein provided. 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 Service Provider must provide written notice to the City of such condition within fifteen (15) 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 Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: rev 09/01 /06 City: City of Fort Collins Attn: Mike McDonnell, Administrator PO Box 580 Fort Collins, CO 80522 Service Provider: Fort Collins Area Swim Team (FAST) Recreation 1112 Oakridge Drive #104 PMB #270 Fort Collins, CO 80525 Phone: (970) 690-7946 Attn: Current President 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. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 6. 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. 7. 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. 8. 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. rev 09/01 /06 2 9. Warrantv. 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. All goods supplied to the City shall be of the grade and quality specified hereunder, or, if not specified, of the most suitable grade and quality of their respective kinds for their intended use. C. Service Provider warrants all goods, provided under this Agreement, except City - furnished goods, against defects and nonconformances in grade for a period 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 good shall be replaced by Service Provider in a manner and at a time acceptable to City. 10. 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. 11. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (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 parry's reasonable attorney fees and costs incurred because of the default. rev 09/01 /06 3 12. Bindinq Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties 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. 13. 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. 14. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 15. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. 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. 16. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, 4 rev 09/01 /06 administered by the United States Department of Homeland Security (the "Basic Pilot Program") in order to verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section.shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. F. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. G. If Contractor violates any -provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. 5 rev 09/01 /06 CITY OF FORT COLLINS, COLORADO a municipal corporation By: James . O' eill II, CPPO, FNIGP Director bLPurchasing and Risk Management Date:_ N1 L 1 [n IF Fort Collins Yeo Swim yeamAFAST) W-.z§r/A PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: 3 0 rev 09/01/06 EXHIBIT A SCOPE OF WORK A. Service Provider shall purchase and maintain two record boards to be approved by the City representative (subject to guidelines provided by the City of Fort Collins CLRS Advertising Policy) prior to their installation. City staff in cooperation with the Service Provider will install the boards. B. Service Provider has obtained a sponsor for each board; their term of sponsorship shall last for five (5) years from date of installation. The logo advertisement will be•located at the top of the board(s), and will be no larger than eight (8) inches tall. C. At the end of the five-year sponsorship term, responsibility for acquiring sponsors will revert to the City; and all proceeds will go to the City. The Service Provider will retain ownership of the boards. D. The City will approve the specifications, appearance, and location of the record boards within the EPIC facility; subject to the policy referenced in E, below. E. Advertising must comply with the following policy (Revised by City Council 4/1 /03): ADVERTISING POLICY — CITY OF FORT COLLINS CULTURAL LIBRARY AND RECREATIONAL SERVICES Purpose: This policy establishes guidelines for regulating advertising within facilities of the City of Fort Collins' Cultural, Library and Recreational Services Department. City staff may, in order to financially support programming and facility needs, actively market and promote the sale of advertising space to generate revenue. Statement of Policy: 1. Advertising in facilities may not include or constitute the following: a) advertising that primarily conveys a political, religious, ideological or other non- commercial message; b) advertising of alcohol or tobacco products or other products or services available only to adults by law; c) advertising that promotes illegal activities or transactions, that is misleading or deceptive, or constitutes a public nuisance; d) advertising of any product or -service primarily related to sexual or violent activities, or advertising of any product or service in a manner that is sexually suggestive, that displays or suggests violence, or is inappropriate for minors. 2. The City reserves the right to view any advertisement prior to its posting, and to reject, in the City's sole discretion, advertising that does not comply with the above guidelines. 3. Advertising rates will be established by staff and/or through the City's competitive bidding process. 4. Advertising may include, but is not limited to the following areas: • Flat panel monitors within the facility • Within playbill programs distributed at performances • Marquee and portable kiosk space in areas designated by facility staff. • Lobby benches. • Posters, banners or flags located in areas designated by facility staff. 5. Individual advertisers will be responsible for providing the advertising materials and any costs associated with the advertising materials and their display. 6. The length of the advertising contracts will vary based on location and type of event, and will not exceed one (1) year in length. 7. Annual advertising contracts for certain spaces will be offered through a competitive bidding process. Seasonal or event advertising for other spaces will be offered on a first -come, first -serve basis. 8. Advertisements do not reflect the views or recommendations of the City of Fort Collins, the Cultural, Library, and Recreational Services Department, or its employees. 9. Individual facilities within Cultural, Library, and Recreational Services may include other advertising opportunities related to programs specific only to that facility.