HomeMy WebLinkAboutCORRESPONDENCE - RFP - P1013 ADVERTISING ON EPIC AD SPACESAdministrative Services
Purchasing Division
City of Fort Collins
May 31, 2007
Lightworks Productions LLC
2724 Maroon Ct.
Fort Collins, CO 80525
Attn: Bob Visocky
RE: Renewal, P1013 Advertising on EPIC Ad Spaces
Dear Mr. Visocky:
The City of Fort Collins wishes to extend the agreement term for the above captioned proposal
per the existing terms and conditions and the following:
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, 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:
215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707
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.
The term will be extended for one (1) additional year, June 1, 2007 through May 31, 2008.
If the renewal is acceptable to your firm, please sign this letter in the space provided and return
it to the City of Fort Collins, Purchasing Division, P. O. Box 580, Fort Collins, CO 85022, within
the next fifteen days.
If this extension is not agreeable with your firm, we ask that you send us a written notice stating
that you do not wish to renew the contract and state the reason for non -renewal.
Please contact Ed Bonnette, C.P.M., CPPB, Buyer at (970) 416-2247 if you have any questions
regarding this matter.
Sincerely,
B. O'Neill II, CPPO, FNIGP
r? Purcha§ing and Risk Management
07
Date
(Please indicate your desire to renew P1013 by signing this letter and returning it to Purchasing
Division within the next fifteen days.)
JBO:
City of Fort Collins -Recreation Division
Edora Pool Ice Center Indoor Advertising
Advertising Services Agreement
THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT
COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and
hereinafter referred to as "Advertiser".
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 City agrees to reserve the requested space for the Advertiser for the specified amount of time (not
to exceed five (5) years) noted in paragraph 2 below. The Advertiser agrees to (i) pay the City an advertising fee as noted below;
(ii) pay for all production and installation costs of the advertisement at Edora Pool Ice Center (EPIC; (iii) use Signs Now located
at 2005 S. College Avenue, Fort Collins, CO, 80525, (970) 493-5363, Fax: (970) 493-5633, or such other City approved provider,
for the creation of the advertising sign; (iv) make payment for the advertising sign directly to Signs Now BEFORE work is started;
and (v) apply for and receive City review and approval of the advertising sign from an individual the City will designate (the "City
Representative"), prior to commencement of the advertising.
2. Contract Period:
Length of Contract Starting Date Ending Date
3. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate thisAgreement
at any time without cause by providing written notice of termination to the Advertiser. 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:
City:
City of Fort Collins Recreation Dept.
P.O. Box 580
Fort Collins, CO 80522
Advertiser:
In the event of early termination by the City, the Advertiser shall pay for advertising spaces rendered to the date of termination,
subject only to the Advertiser's satisfactory performance of obligations under this Agreement. Such payment shall be the Advertiser's
sole right and remedy for such termination.
4. 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.
5. 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.
6. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10)
days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a)
terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting
party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs
incurred because of the default.
7. Binding 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.
8. Indemnity. The Advertiser 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 Advertiser's
obligations under this Agreement.
9. 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.
10. 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.
11. Advertising Provisions.
Type of Advertisement:
Dasher board - Green Rink Blue Rink
Scoreboard - Green Rink Blue Rink Pool
Zamboni - One panel Two panels
In -ice
Speed skating mats
Total Due $
Payment Option: Annual
Payment(s) Due By
CITY OF FORT COLLINS, COLORADO
ATTEST:
CORPORATE SECRETARY
Paid
Date Deposited
25% Contract
Semi -Annual
a municipal corporation
By:
Robert Visocky
Contracted Advertising Sales Representative
For City of Fort Collins Recreation Division
Date:
[Insert Corporation's name, or Partnership name
or Individual name]
Doing business as
By:
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
(Corporate Seal)
Date of Check
Account Number
Date Paid
Check Number,
Advertisement Installation