HomeMy WebLinkAbout468473 VEOLIA ES TECHNICAL SOLUTIONS LLC - CONTRACT - RFP - P1145 PARATRANSIT SERVICESSERVICES 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 Veolia Transportation on Demand, Inc., 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 thirteen (13) pages and
incorporated herein by this reference.
2. Contract Period. This Agreement shall commence January 1, 2009, and shall
continue in full force and effect until December 31, 2011, subject to sufficient funds being
appropriated annually by the Fort Collins City Council, which appropriations are in the Council's sole
discretion, 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 two (2) additional one
year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties.
The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will
be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed
no later than ninety (90) days prior to contract end.
3. Delay. If either party is prevented in whole or in part from performing its obligations
by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the
party so prevented shall be excused from whatever performance is'prevented by such cause. To
the extent that the performance is actually prevented, the 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,
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City of Fort Collins declaring the Service Provider in default of the contract.
The Service Provider shall provide all services in accordance with City policies and procedures
and in accordance with the following service operating standards:
1. The Service Provider shall provide door-to-door service. All drivers shall offer assistance
from the door of the pick-up location to the vehicle and from the vehicle to the door of the
drop-off location.
2. The Contractor shall ensure that passengers who are going to/from a flagged location
indicating that they have a disability that impacts their judgment shall be escorted to/from
the door without exception. In these cases, Contractor shall ensure that passengers are
received by an authorized Td party before departing. Any exceptions to this policy must
be pre -authorized by the City. If there is more than a 10% increase or more than
300 trips per month going to flagged locations, contractor shall have the right to
negotiate an equitable fee for these extra provided services.
3. Drivers shall not leave a vehicle unattended with passengers on board, except in the
case where the driver leaves the vehicle to assist another passenger.
4. Drivers and Dispatchers shall provide friendly customer service at all times. Rude or
inappropriate behavior by Contractor staff shall not be tolerated.
5. Drivers and Dispatchers shall remain professional while in service to the City and only
offer correct and appropriate information regarding the Service Contract.
6. The vehicles provided shall have a 100% smoke -free environment. There shall be no
smoking in vehicles at any time by either passengers or drivers; whether in revenue
service for the City or otherwise.
7. The Service Provider shall ensure that every trip request is scheduled and that the trip is
provided in order to maintain a 0% denial rate. In the event that the Service Provider is
unable to maintain a 0% denial rate, the Service Provider shall contact the City [dispatch]
immediately.
8. Use of Mobile Data Computers (MDC)
The City shall provide the Service Provider with a copy of the MDC policies manual.
Drivers shall adhere to all policies and procedures relating to the use of the MDC.
Drivers shall push the "arrive" button when arriving to a location. They shall push the
"perform" button when departing from a location. Drivers shall push "NS" button to
request authorization thru City Dispatch in order to request a "No -Show" between the
hours of 6:00 am and 8:00 pm Monday thru Saturday. In addition, drivers shall contact
the Service Provider dispatch from 8:01 pm to 11:00 pm Monday thru Saturday in order
to receive authorization for "No -Show" requests.
All City trips performed by the Service Provider shall occur on vehicles designated with
MDC units. In the event that the Service Provider is unable to perform a trip on a
designated vehicle, Service Provider shall request authorization prior to performing the
trip. There shall be no recurring trend of inability to perform trips on MDC-equipped
vehicles. In the event that an occasional trip is performed by paper manifest, the Service
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Provider shall use forms provided by the City to record all pertinent information and
submit the forms to The City dispatch on the next business day. Complete
documentation detailing why the trip was not performed on an MDC-equipped vehicle
shall accompany any such trips.
9. Acceptable deviation from scheduled pick-up time: +/- 15 minutes
The driver is obligated to arrive at the pick-up location within 15 minutes of either side of
the scheduled pick-up time. The Service Provider shall maintain this operating standard
at or above a 90% level on a monthly basis. Any pick-up time is considered outside the
window if the driver arrives earlier than 15:00 minutes prior to the scheduled pick-up time
or if the driver arrives at or later than 15:01 minutes after the scheduled pick-up time. In
the event that a passenger has a scheduled appointment time, the driver shall not drop-
off the passenger later than their scheduled drop-off appointment time. The Service
Provider shall be obligated to arrive at the first pick-up of the day and the first pick-up
after a scheduled lunch break before the scheduled center time. In the event that
arriving at the beginning of the window would disrupt a group trip situation, the driver
shall pick-up their passenger as per the estimated pick-up time on the MDC/Schedule
Editor.
10. Required wait time for passengers: 5 minutes
Upon arrival at the passenger's pick-up location and after making an attempt to contact
the passenger, the driver is obliged to wait five minutes for the passenger. Any special
requests for additional wait time shall be relayed to the appropriate Dispatch center via
MDC as defined in section 8 of "Paratransit Operating Standards".
Once the "No -Show" request button has been activated, the passenger has not appeared
for boarding within that time, and Dispatch has authorized a "No -Show", the vehicle shall
depart to the next pick-up.
11. Authorized Changes to Schedule
All changes to the passenger schedule shall be pre -authorized by Dial -A -Ride Dispatch
with the following exceptions:
• The Service Provider Dispatcher may authorize changes of location or pick-up time
between the hours of 8:01 pm and 11:00 pm Monday thru Saturday
• The Service Provider Dispatcher may take additional trips in the event of an
emergency during these times; with no recurring trends or patterns.
a. The passenger must be an active client.
b. Documentation shall accompany any such discretionary changes to support
the decision on the next business day.
12. Maximum riding time on vehicles: 1 hour
The maximum time any passenger shall be required to spend on board a vehicle shall be
one (1) hour. The Service Provider shall not schedule manifests that do not meet this
standard and the Service Provider shall adhere to this standard during its operations. If
the Service Provider is unable to maintain this standard, the Service Provider shall
immediately notify the City.
13. No "Hostage -Time"
The Service Provider may not have passengers on board during slack time or driver
break time ("Hostage Time"). The Service Provider may only keep passengers on the
bus and waiting while the driver is performing revenue service. See following 2
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examples of "Hostage Time":
Example A
• The driver has passenger "A" on board. They proceed to pick-up passenger "B"
who has a scheduled pick-up time of 10:00 am. The window does not open until
9:45 am. The driver arrives at 9:35 am and waits for 10 minutes to contact
passenger "B". This 10 minute wait is considered "Hostage Time"; which is not
permitted.
Example B
• The driver has a passenger on board at 1:00 pm. The driver decides that he/she
has not had a break all day and tells the passenger that he/she needs to stop and
pick-up lunch. The driver keeps the passenger on board while he/she conducts
personal business; such as making a purchase or consuming their lunch. All time
where the passenger was waiting for the driver to complete his/her personal
business is considered "Hostage Time"; which is not permitted.
14. Drivers will not use cell phones or blue tooth devices while performing any City
revenue service trips.
PERSONNEL REQUIREMENTS:
Driver Pre -hire Qualifications
DMV RECORD CHECK: The Service Provider shall perform a Department of Motor
Vehicles (DMV) records check for all prospective drivers prior to, but no more than 30
days before, date of hire. For existing staff, a current DMV record (within the past 365
days) shall be on file. If a driver was, or is, found to be at fault for any incident that would
prohibit that driver from maintaining a Commercial Driver's License, whether or not the
driver holds one, the driver is no longer eligible to perform duties under this contract.
Failure to immediately remove an ineligible driver from driving duties may be considered
breach of contract. Service Provider shall conduct DMV record checks on all drivers
annually and provide the City with copies of the report.
CRIMINAL HISTORY: The Service Provider shall perform a criminal history background
check on all present and prospective employees who shall be assigned to driving duties
under this contract prior to, but not more that 30 days before, date of hire. All drivers
shall have a clean criminal history with no felony convictions. Other misdemeanor
criminal convictions that would disqualify an employee include, but are not limited to:
• Any offense that requires registration of a sex offender
• Any driving under the influence of drugs or alcohol violation within the past 3
. years
• Any offense of violence by a person in a position of trust.
The Service Provider shall make all criminal background checks for all drivers who
perform duties under this contract available to the City.
SUBSTANCE ABUSE: The Service Provider is required to abide by the City of Fort
Collins Transit Substance Abuse Policies and Procedures in compliance with FTA
regulations and 49 CFR Part 655 (Attachment B & C - can be viewed as separate
documents).
The Service Provider shall provide education to safety -sensitive employees, perform all required
tests maintain records and submit reports in compliance with the Substance Abuse policy and 40
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CFR Part 655. The Service Provider shall also comply with all policy changes when notified of
such by Transfort / Dial -A -Ride. Education and testing records shall be maintained and made
available for review by the City or any other person or entity so authorized by law. Failure to
maintain compliance with these substance abuse regulations may result in an immediate
termination of this contract.
Within ten (10) days prior to the renewal of the Contract, the Service Provider shall furnish the
City with all information required by the City to document that the employees meet all
requirements of the contract. The City reserves the right to disqualify any driver from
performance of service under this contract.
TRAINING
Service Provider shall maintain a comprehensive training program for all of its employees who
provide service under this contract. The training program shall ensure that employees who
provide service under this contract are trained in accordance with all municipal, county, state
and federal regulations.
TRAINING CURRICULA: The comprehensive training program shall include, but not be limited
to the following:
• Passenger Service and Safety (PASS) certification
• Defensive Driving
• Substance Abuse (minimum of one hour training)
• Reasonable Suspicion Training for Substance Abuse (minimum of two hour training,
Supervisors only).
• Sexual Harassment Prohibited
TRAINERS: Trainers of Passenger Service and Safety (PASS) and Defensive Training shall be
certified instructors. These certifications shall be kept current during the contract period. The
Service Provider shall maintain a record of each trainer's name and certifications, as well as a
copy of each certification.
DEVELOPMENT OF TRAINING PLAN: The Service Provider shall provide all employees
assigned to duties under this contract the above -listed training. The Service Provider shall
provide the City with the name of the person responsible for managing the Training Program and
describe the manner in which training records are maintained. All new hires of Service Provider
shall receive all required training prior to being placed into revenue service or performing any
duties under this contract.
TRAINING RECORDS: Service Provider shall maintain a training record which notes each
driver's training including the date, time, training location, trainer's name, and training received.
Training records shall be maintained and made available for review by the City or any other
person or entity so authorized by law.
OTHER REQUIREMENTS:
Each driver shall possess and maintain a valid Colorado driver's license as required by law.
Service Provider shall supervise drivers and monitor their performance. Any driver found to be
jeopardizing the safety of a Dial -A -Ride passenger shall be immediately removed from provision
of service under this contract. Failure to do so is grounds for immediate cancellation of this
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contract.
Service Provider is required to maintain a list of qualified substitute drivers so that absenteeism
does not affect service provision.
Service Provider is required to maintain a Driver Qualification File, as per Federal Motor Carrier
Safety Regulations, for each employee who possesses a Commercial Driver's License and
performs duties under this contract.
A roster of all drivers who will be performing service through the Dial -A -Ride program shall be
kept current and provided to the City. This roster shall include the drivers' first and last name as
well as any qualifications such as certification for the use of lift -equipped vehicles.
FLEET MANAGEMENT
The Service Provider is required to:
• Provide all necessary vehicles to provide service for ambulatory and non -ambulatory
passengers,
• Maintain all necessary vehicles,
• Maintain all MDC related equipment in good working order,
• Maintain proper insurance (see Insurance section of this RFP),
• Provide necessary fuel, spare parts and supplies at the Service Providers expense, and
• Provide necessary maintenance for two-way radios.
• Notify the Project Manager when adding or removing vehicles from service under this
contact.
The Service Provider shall provide all vehicles and, at its cost, shall ensure that all vehicles meet
the following standards:
1. Provide sufficient, safe and suitable vehicles capable of meeting all service
requirements. Service Provider supplied vehicles need not be new; however, vehicles
shall meet all other criteria to be suitable to accomplish the objectives indicated.
2. The Service Provider shall have an adequate spare vehicle ratio and an established
procedure to provide backup vehicles immediately as needed.
3. Each vehicle shall have functioning and adequate air-conditioning and heating for
passenger comfort. Such systems shall be maintained in good working order.
4. Each vehicle shall have a functioning two-way radio.
5. Each vehicle shall have a functioning MDC with both Data and Automatic Vehicle
Locator (AVL) antennae intact.
6. All vehicles shall be kept in a safe and clean condition, both interior and exterior. At a
minimum, vehicle exteriors are to be thoroughly washed no less than once per week or
sooner if condition warrants cleaning. The City reserves the right to inspect vehicles
before or during operation on any day. Any vehicle failing to meet standards shall be
immediately brought up to standards or a suitable replacement put into immediate
service.
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7. Vehicles shall have a minimum capacity of 3 passengers. Vehicles shall also have
sufficient cargo space for walkers, canes, 4 bags of groceries, etc.
• In addition, there shall be sufficient wheel chair accessible vehicles provided in
order to transport non -ambulatory passengers. Non -ambulatory passengers may
account for up to 1/3 of all ridership during all service hours.
8. Wheel chair accesable vehicles shall have no less than four (4) wheelchair securements
and must meet approval by the City prior to use. Securements per wheel chair space
shall also contain approved lap and shoulder belts.
9. Wheelchair securements shall be kept clean and in good repair and are subject to
inspection by City maintenance staff.
10. The Service Provider shall perform a daily inspection of all vehicles, preventive and
routine maintenance and timely repairs so as to minimize vehicle down time. This shall
include, but not be limited to brakes, windshield wipers/washers, operational windows,
tires, electrical systems, and exhaust. Pre -and post -trip inspections shall be performed
consistent with U.S. Department of Transportation regulations.
11. Each vehicle shall be equipped at a minimum with a first -aid kit, an approved fire
extinguisher, emergency flashlight, emergency reflective triangles, emergency seatbelt
cutters, fire blanket and reflective safety vest.
12. All vehicles shall meet U.S. Department'of Transportation requirements for vehicles in
fare service to the public. The Service Provider shall be required to furnish proof that the
vehicles comply with those standards prior to each vehicle being placed in service.
13. Each vehicle shall be appropriately registered, licensed, and insured in the State of
Colorado and shall comply with all re -inspection requirements. Each vehicle shall comply
with all requirements of the State of Colorado and the Front Range emission standards.
All vehicles shall be inspected periodically by the City.
14. Vehicles assigned to revenue service under this contract may not be used to perform
other work at the same time (i.e. Service Provider may not place non -Dial -A -Ride
passengers with Dial -A -Ride passengers).
15. The Contractor shall provide a current roster of all vehicles being utilized for revenue
service in the Dial -A -Ride program. This roster shall contain a listing of ambulatory and
non -ambulatory seating capacity. The Contractor shall notify the City of any changes to
this roster.
GENERAL ADMINISTRATION
The Service Provider is required to:
1. Operate the designated system according to the City of Fort Collins Dial -A -Ride
operating policies and procedures,
2. Provide service in a manner which shall maximize safety and customer service,
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3. Meet with the City on a regularly scheduled basis (weekly) to assess service
performance and discuss any operational issues. The City may schedule additional
meetings as operational needs arise,
4. Investigate all complaints and provide the City with a monthly report,
5. Report all collisions, passenger injuries and incidents to the City of Fort Collins Transfort
/ Dial -A -Ride Dispatch (970-224-6066) within 24 hours of occurrence and provide the
City of Fort Collins with a complete and written report ("Investigating Supervisor's
Collision / Passenger Injury Report"; (Attachment D) within 3 business days of the
occurrence,
6. Should an emergency occur in the city, regionally, or countywide requiring transportation
of City residents, it is expected that the Service Provider shall cooperate with the
evacuation under the command of the City of Fort Collins' Office of Emergency
Management and direction of Transfort / Dial -A -Ride . A Reimbursement rate is set at
$35/hour for the services provided
7. Cooperate with any marketing activities established by the City and distribute rider
service information as required.
8. Provide one (1) dedicated phone line to be published only to the City as well as phone
lines for voice, fax, and data transmission at a rate of high-speed broadband or better,
9. Provide timely and priority communication to the City [dispatch] regarding vehicle and
driver availability, schedule adherence and any other operational issues,
10. Have a suitable facility for the provision of services.
COLLISION, PASSENGER INJURY AND INCIDENT REPORTING
COLLISION: A collision is defined to include any contact between a Service Provider's vehicle
and another moving or stationary object or pedestrian while a Dial -A -Ride client is entering,
leaving or in said vehicle.
PASSENGER INJURY: A passenger injury is defined to include any time a Dial -A -Ride
passenger is hurt or suspected of being hurt while such client is in, entering or leaving Service
Provider's vehicle, or while the client is in the care of the Service Provider, its designee or
employees.
INCIDENT: An incident is defined to include arguments and/or unacceptable or offensive
conversations or behavior, regardless of who initiates said behavior or conversations, or other
action that does not result in any "real" or suspected injury to a client or property.
All collisions and incidents shall be reported to the City within 24 hours, by contacting
Transfort/Dial-A-Ride Dispatch at (970) 224-6066. Any serious incidents resulting in injury
and/or persons are transported to a hospital shall be reported verbally to the City
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immediately. As noted in "General Administration, Section 5", a complete and written
report shall be submitted within 3 business days, utilizing the "Investigating Supervisor's
Collision / Injury Report" form (Attachment E). Reports may be submitted in either
electronic or hard copy form, to the City of Fort Collins Safety & Training Supervisor.
The Service Provider shall provide the City with a detailed explanation of its procedures for the
following:
• Vehicle collision/passenger injury response
• Collision/Injury Investigation
• Determination of Preventability
General Recordkeeping Requirements
The Service Provider is required to:
• Schedule rides and provide a copy of required documentation of additional trips as per
"Paratransit Operating Standards, Section 11"
• Collect, reconcile, and report all fares to Dial -A -Ride (See "Revenues" section)
• Recordkeeping, as well as responses to the City of Fort Collins communications, shall be
facilitated in a responsible manner. All responses to requests for information made by
the City of Fort Collins shall be submitted within 3 business days unless otherwise
specified.
• The Dial -A -Ride system requires that the Service Provider collect and maintain data for a
variety of purposes. A major portion of the data is transferred into reports required by the
City of Fort Collins. In all cases, data shall be maintained in an up-to-date manner and
available for review upon request by the City of Fort Collins. If reports are late or data
incomplete, the payment due to the Service Provider shall be withheld until such time as
there is proper compliance.
REVENUES:
1. The fare system shall be determined by the City of Fort Collins and administered by the
Service Provider per City guidelines.
2. There shall be no solicitation or acceptance of tips.
3. Fares shall be documented on forms approved by the City and the Service Provider shall
be accountable for all fares collected. Fare discrepancies shall be logged by drivers thru
the use of the MDC. As stated in "General Recordkeeping Requirements", fare -
collection reports shall be submitted to the City on the next business day and shall
include a detailed explanation for any fare discrepancies.
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4. Fares shall be collected by the Service Provider and submitted to Transfort/Dial-A-Ride
Administration for reconciliation on a weekly basis.
5. The Service Provider shall provide the Transfort/Dial-A-Ride Manager with a written copy
of its administrative procedures to account for fares collected by its drivers.
6. The Service Provider shall be responsible for cooperating with the sale of tokens and
collecting revenue for such sales.
7. The City Auditor(s) may at any time during the contract period change these
requirements as he/she deems necessary to ensure adequate controls are in place to
protect the interests of the City of Fort Collins.
DAILY RECORDS
The Service Provider shall record daily the following information on City approved forms to be
submitted on the next business day:
1. Any non-MDC trip manifests shall be submitted to Dial -A -Ride,
2. Daily fare reconciliation, as defined in section, "Revenues".
WEEKLY RECORDS
The Service Provider shall record weekly the following information on City approved reporting
forms:
1. Complaints:
➢ Report shall log the Feedback ID number assigned by the City
➢ Report shall log each complaint and provide a brief description of each
➢ Report shall include Service Provider's employee name
➢ A summary of the investigation determination including the findings
➢ Summary of the resolution of each complaint
➢ Service Provider shall ensure that there is no more than one (1) complaint per 1,000
revenue hours performed
MONTHLY INVOICE & SUMMARY
By the 5th calendar day of each month, the Service Provider shall provide Transfort/Dial-A-Ride
with a Service Data Summary and monthly invoice for each component of service for the
previous month. Transfort/Dial-A-Ride shall provide the forms for monthly invoices. This shall
include but is not limited to the following:
1. Total number of individual trips, by type: ambulatory and non -ambulatory.
2. Summary of monthly accidents/passenger injuries.
3. Summary of monthly complaints.
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Total number of trips:
Client billing shall be sorted in chronological order by date and vehicle number
➢ Each trip shall be assigned a trip number that will correspond with the "Booking ID"
assigned by the City
The City reserves the right to request that the Service Provider submit additional information
when necessary. For all information requests that do not have assigned deadlines per the
contract, the Service Provider shall respond to requests for additional information within seven
(7) calendar days.
The City of Fort Collins receives funding to operate the service under grants issued by the State
and Federal governments. Therefore, the Service Provider shall retain all records required by
these bid specifications and also all financial records and data concerning the management and
operation of the system for a period of at least three (3) years upon completion of the
Agreement. The Service Provider shall furnish the City with such information, statistics, and
data as necessary.
The Service Provider shall not unilaterally implement company policy that directly impacts the
system's operation or is in conflict with its contract with the City without prior discussion and
approval by the Transfort/Dial-A-Ride Manager or his/her designee.
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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 thirty (30) 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:
Copy to:
Service Provider:
City of Fort Collins
City of Fort Collins
Veolia Transporation
Attn: Purchasing
Attn: Craig Dubin
Attn: Mr. Brad Whittle
PO Box 580
PO Box 580
7500 E. 41st Avenue
Fort Collins, CO 80522
Fort Collins, CO 80522
Denver, CO 80216
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. Contract Sum. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, per the attached Exhibit "B", consisting
of one (1) page, and incorporated herein by this reference.
6. 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.
7. 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.
8. 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
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EXHIBIT B
FEE SCHEDULE
Cost Per Trip
Type of Service 2009* 2010* 2011 * 2012* 2013*
Ambulatory $22.50 $23.18 $23.87 $24.59 $25.32
Non -ambulatory $28.50 $29.36 $30.24 $31.14 $32.08
Goods and Services to Veolia from City:
Maintenance training: $90.00 per hour for 6-8 hours of training
Trapeze software training: $80.00 per hour for 24 hours of training
MDC leases: $300.00 per year (10 units included in this cost)
* The above rates will be subject to a fuel adjustment, which shall be based upon
any substantial increases in the cost of regular gasoline during the term of this
agreement. In the event the cost of regular gasoline shall increase by more than
$.25 per gallon over the current rate of $3.46 per gallon which is based on the AAA
Daily Fuel Gauge Report for the Colorado Region, the City of Fort Collins agrees to
reimburse Service Provider an additional $.17 per trip for every $.25 increase in the
cost of regular gasoline. The fuel adjustment shall be based on the AAA Daily Fuel
Gauge Report for the Colorado Region as of the first of every month for the term of
this contact and the adjustment will apply to all trips operated in that month. If the
fuel surcharge is assessed, but then there is a decrease in the AAA Daily Fuel
Gauge Report (ADFGR) for the Colorado Region that brings the gauge below the
rate which triggered the surcharge, the surcharge will not be assessed
Due to historical fluctuations in ridership, and which provider actually performs the trips, if the
volume stated in addendum #1 decreases by 20% annually, Service Provider reserves the right
to renegotiate our trip pricing.
rev06/07
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EXHIBIT C
FEDERAL REQUIREMENTS
TABLE OF CONTENTS
ENERGY CONSERVATION REQUIREMENTS......................................................................
LOBBYING................................................................................................................................
ACCESS TO RECORDS AND REPORTS...............................................................................
FEDERAL CHANGES...............................................................................................................
CLEANAIR...............................................................................................................................
NO GOVERNMENT OBLIGATION TO THIRD PARTIES.......................................................
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS ...................................
ANDRELATED ACTS..............................................................................................................
TERMINATION.........................................................................................................................
GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT).............
PRIVACYACT..........................................................................................................................
CIVIL RIGHTS REQUIREMENTS............................................................................................
BREACHES AND DISPUTE RESOLUTION...........................................................................
PATENT AND RIGHTS IN DATA.............................................................................................
TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS...........................................................
DISADVANTAGED BUSINESS ENTERPRISE (DBE)............................................................
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ..................
ATTACHMENTS:
Attachment
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans,
and Cooperative Agreements
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ENERGY CONSERVATION REQUIREMENTS
42 U.S.C. 6321 et seq. 49 CFR Part 18
The contractor agrees to comply with mandatory standards and policies relating to energy efficiency
which are contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act.
LOBBYING
31 U.S.C. 135249 CFR Part 1949 CFR Part 20
Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act
of 1995, P.L. 104-65 [to be codified at 2 U.S.C. 1601, et seq.]
- Contractors who apply or bid for an award of $100,000 or more shall file the certification required
by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose
the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying
contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award
covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Submit signed Attachment 4, Certification Regarding Lobbying, with Bid or Proposal.
Certification for Contracts, Grants, Loans, and Cooperative Agreements
ACCESS TO RECORDS AND REPORTS
49 U.S.C. 5325 18 CFR 18.36 49 CFR.633.17Access to Records - The following access to
records requirements apply to this Contract:
1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a
subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor
agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the
Unites States or any of their authorized representatives access to any books, documents,
papers and records of the Contractor which are directly pertinent to this contract for the
purposes of making audits, examinations, excerpts and transcriptions. Contractor also
agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized
representatives including any PMO Contractor access to Contractor's records and
construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which
is receiving federal financial assistance through the programs described at 49 U.S.C. 5307,
5309 or 5311.
2. Not applicable
3. Where the Purchaser enters into a negotiated contract for other than a small purchase or
under the simplified acquisition threshold and is an institution of higher education, a hospital
or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser,
FTA Administrator, the Comptroller General of the Unites States or any of their duly
authorized representatives with access to any books, documents, papers and record of the
Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts and transcriptions.
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4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or
improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the
Contractor shall make available records related to the contract to the Purchaser, the
Secretary of Transportation and the Comptroller General or any authorized officer or
employee of any of them for the purposes of conducting an audit and inspection.
5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
6. The Contractor agrees to maintain all books, records, accounts and reports required
under this contract for a period of not less than three years after the date of termination or
expiration of this contract, except in the event of litigation or settlement of claims arising from
the performance of this contract, in which case Contractor agrees to maintain same until the
Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized
representatives, have disposed of all such litigation, appeals, claims or exceptions related
thereto. Reference 49 CFR 18.39(i)(11).
FEDERAL CHANGES
49 CFR Part 18
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies,
procedures and directives, including without limitation those listed directly or by reference in the
Agreement (Form FTA MA (2) dated October, 1995) between Purchaser and FTA, as they may be
amended or promulgated from time to time during the term of this contract. Contractor's failure to so
comply shall constitute a material breach of this contract.
CLEAN AIR
42 U.S.C. 7401 et seq
40 CFR 15.61
49 CFR Part 18
Clean Air
1. The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. 7401 et seq. The Contractor
agrees to report each violation to the Purchaser and understands and agrees that the
Purchaser will, in turn, report each violation as required to assure notification to FTA and the
appropriate EPA Regional Office.
2. The Contractor also agrees to include these requirements in each subcontract
exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the
Federal Government is not a party to this contract and shall not be subject to any obligations
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or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that
contract) pertaining to any matter resulting from the underlying contract.
2. The Contractor agrees to include the above clause in each subcontract financed in whole
or in part with Federal assistance provided by FTA. It is further agreed that the clause shall
not be modified, except to identify the subcontractor who will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
AND RELATED ACTS
31 U.S.C. 3801 et seq.
49 CFR Part 31 18 U.S.C. 1001
49 U.S.C.5307
Program Fraud and False or Fraudulent Statements or Related Acts.
1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil
Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the
underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying
contract or the FTA assisted project for which this contract work is being performed. In addition to
other penalties that may be applicable, the Contractor further acknowledges that if it makes, or
causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the
Federal Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
2. The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government
under a contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves the right
to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C. 5307(n)(1) on the Contractor, to the extent
the Federal Government deems appropriate.
3. The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall
not be modified, except to identify the subcontractor who will be subject to the provisions.
TERMINATION
49 U.S.C. Part 18
FTA Circular 4220.1 E.""'"".......
a. Termination for Convenience (General Provision) The City of Fort Collins may terminate
this contract, in whole or in part, at any time by written notice to the Contractor when it is in the
Government's best interest. The Contractor shall be paid its costs, including contract close-out
costs, and profit on work performed up to the time of termination. The Contractor shall promptly
submit its termination claim to the City of Fort Collins to be paid the Contractor. If the Contractor has
any property in its possession belonging to the City of Fort Collins, the Contractor will account for the
same, and dispose of it in the manner the City of Fort Collins directs.
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not
deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services,
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the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to
comply with any other provisions of the contract, the City of Fort Collins may terminate this contract
for default. Termination shall be effected by serving a notice of termination on the contractor setting
forth the manner in which the Contractor is in default. The contractor will only be paid the contract
price for supplies delivered and accepted, or services performed in accordance with the manner of
performance set forth in the contract.
If it is later determined by the City of Fort Collins that the Contractor had an excusable reason for not
performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control
of the Contractor, the City of Fort Collins, after setting up a new delivery of performance schedule,
may allow the Contractor to continue work, or treat the termination as a termination for
convenience.
C. Opportunity to Cure (General Provision) The City of Fort Collins in its sole discretion may,
in the case of a termination for breach or default, allow the Contractor [an appropriately short period
of time] in which to cure the defect. In such case, the notice of termination will state the time period
in which cure is permitted and other appropriate conditions.
If Contractor fails to remedy to the City of Fort Collins' satisfaction the breach or default or any of the
terms, covenants, or conditions of this Contract within [ten (1 0) days] after receipt by Contractor or
written notice from the City of Fort Collins setting forth the nature of said breach or default, the City
of Fort Collins shall have the right to terminate the Contract without any further obligation to
Contractor.
Any such termination for default shall not in any way operate to preclude the City of Fort Collins from
also pursuing all available remedies against Contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that the City of Fort Collins elects to waive
its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such
waiver by the City of Fort Collins shall not limit the City of Fort Collins's remedies for any succeeding
breach of that or of any other term, covenant, or condition of this Contract.
e. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or
to perform the services within the time specified in this contract or any extension or if the Contractor
fails to comply with any other provisions of this contract, the City of Fort Collins may terminate this
contract for default. The City of Fort Collins shall terminate by delivering to the Contractor a Notice
of Termination specifying the nature of the default. The Contractor will only be paid the contract
price for supplies delivered and accepted, or services performed in accordance with the manner or
performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was
not in default, the rights and obligations of the parties shall be the same as if the termination had
been issued for the convenience of the Recipient.
f. Termination for Default (Transportation Services) If the Contractor fails to pick up the
commodities or to perform the services, including delivery services, within the time specified in this
contract or any extension or if the Contractor fails to comply with any other provisions of this
contract, the City of Fort Collins may terminate this contract for default. The City of Fort Collins shall
terminate by delivering to the Contractor a Notice of Termination specifying the nature of default.
The Contractor will only be paid the contract price for services performed in accordance with the
manner of performance set forth in this contract.
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If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor
shall, upon direction of the City of Fort Collins, protect and preserve the goods until surrendered to
the Recipient or its agent. The Contractor and the City of Fort Collins shall agree on payment for the
Preservation and protection of goods. Failure to agree on an amount will be resolved under the
Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was
not in default, the rights and obligations of the parties shall be the same as if the termination had
been issued for the convenience of the City of Fort Collins.
g. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the
work or any separable part, with the diligence that will insure its completion within the time specified
in this contract or any extension or fails to complete the work within this time, or if the Contractor
fails to comply with any other provisions of this contract, the City of Fort Collins may terminate this
contract for default. The City of Fort Collins shall terminate by delivering to the Contractor a Notice
of Termination specifying the nature of the default. In this event, the Recipient may take over the
work and compete it by contract or otherwise, and may take possession of and use any materials,
appliances, and plant on the work site necessary for completing the work. The Contractor and its
sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or
failure to complete the work within specified time, whether or not the Contractor's right to proceed
with the work is terminated. This liability includes any increased costs incurred by the Recipient in
completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages
under this clause if-
1. the delay in completing the work arises from unforeseeable causes beyond the control
and without the fault or negligence of the Contractor. Examples of such causes include:
acts of God, acts of the Recipient, acts of another Contractor in the performance of a
contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes;
and
2. the contractor, within [1 0] days from the beginning of any delay, notifies the City of Fort
Collins in writing of the causes of delay. If in the judgment of the City of Fort Collins, the
delay is excusable, the time for completing the work shall be extended. The judgment of the
City of Fort Collins shall be final and conclusive on the parties, but subject to appeal under
the Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the Contractor
was not in default, or that the delay was excusable, the rights and obligations of the parties
will be the same as if the termination had been issued for the convenience of the Recipient.
h. Termination for Convenience or Default (Architect and Engineering) The City of Fort
Collins may terminate this contract in whole or in part, for the Recipient's convenience or because of
the failure of the Contractor to fulfill the contract obligations. The City of Fort Collins shall terminate
by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective
date of the termination. Upon receipt of the notice, the Contractor shall
(1) immediately discontinue all services affected (unless -the notice directs otherwise),
and
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(2) deliver to the Contracting Officer all data, drawings, specifications, reports,
estimates, summaries, and other information and materials accumulated in performing this
contract, whether completed or in process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall make an
Equitable adjustment in the contract price but shall allow no anticipated profit on unperformed
services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may
complete the work by contact or otherwise and the Contractor shall be liable for any additional cost
incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was
not in default, the rights and obligations of the parties shall be the same as if the termination had
been issued for the convenience of the Recipient.
L Termination for Convenience of Default (Cost -Type Contracts) The City of Fort Collins
may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor.
The notice shall state whether the termination is for convenience of the City of Fort Collins or for the
default of the Contractor. If the termination is for default, the notice shall state the manner in which
the contractor has failed to perform the requirements of the contract. The Contractor shall account
for any property in its possession paid for from funds received from the City of Fort Collins, or
property supplied to the Contractor by the City of Fort Collins. If the termination is for default, the
City of Fort Collins may fix the fee, if the contract provides for a fee, to be paid the contractor in
proportion to the value, if any, of work performed up to the time of termination. The Contractor shall
promptly submit its termination claim to the City of Fort Collins and the parties shall negotiate the
termination settlement to be paid the Contractor.
If the termination is for the convenience of the City of Fort Collins, the Contractor shall be paid its
Contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the
Work performed up to the time of termination.
If, after serving a notice of termination for default, the City of Fort Collins determines that the
Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are
not the fault of and are beyond the control of the contractor, the City of Fort Collins, after setting up a
new work schedule, may allow the Contractor to continue work, or treat the termination as a
termination for convenience.
GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 49 CFR Part 29
Executive Order 12549
Instructions for Certification
1. By signing and submitting this bid or proposal, the prospective lower tier participant is
providing the signed certification set out below .
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government, the City of Fort Collins may pursue available remedies, including
suspension and/or debarment.
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3. The prospective lower tier participant shall provide immediate written notice to the City of
Fort Collins if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," :"participant," "persons," "lower tier covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may
contact the City of Fort Collins for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized in writing by the City of Fort Collins.
6. The prospective lower tier participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion - Lower Tier Covered Transaction", without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous,
A participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the Nonprocurement List issued by
U.S. General Service Administration.
8. Nothing contained in the foregoing shall be construed to require establishment of system
of records in order to render in good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant
in a covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to all remedies available to the Federal Government, the City of Fort Collins may pursue
available remedies including suspension and/or debarment.
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transaction"
(1) The prospective lower tier participant certifies, by submission of this bid or proposal,
that neither it nor its "principals" [as defined at 49 C.F.R. 29.105(p)] is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) When the prospective lower tier participant is unable to certify to the statements in
this certification, such prospective participant shall attach an explanation to this proposal.
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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.
9. 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.
10. 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 in reasonable (City shall be the
determiner if materials and equipment qualify are reasonable) condition to
perform the work 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 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.
11. 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.
12. 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
SA rev07/08
PRIVACY ACT
5 U.S.C. 552
When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files
are organized so that information could be retrieved by personal identifier, the Privacy Act
requirements apply to all contracts. The Federal Privacy Act requirements flow down to each third
party contractor and their contracts at every tier.
1. The Contractor agrees to comply with, and assures the compliance of its employees with,
the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C.
552a. Among other things, the Contractor agrees to obtain the express consent of the Federal
Government before the Contractor or its employees operate a system of records on behalf of the
Federal Government. The Contractor understands that the requirements of the Privacy Act,
including the civil and criminal penalties for violation of that Act, apply to those individuals involved,
and that failure to comply with the terms of the Privacy Act may result in termination of the
underlying contract.
2. The Contractor also agrees to include these requirements in each subcontract to
administer any system of records on behalf of the Federal Government financed in whole or in part
with Federal assistance provided by FTA.
CIVIL RIGHTS REQUIREMENTS
29 U.S.C. 623, 42 U.S.C. 2000
42 U.S.C. 6102, 42 U.S.C. 12112
42 U.S.C. 12132, 49 U.S.C. 5332
29 CFR Part 1630, 41 CFR Parts 60 et seq.
Civil Rights - The following requirements apply to the underlying contract:
1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C.. 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C.. 6102,
section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. 12132, and Federal transit law
at 49 U.S.C. 5332, the Contractor agrees that it will not discriminate against any employee or
applicant for employment because of race, color, creed, national origin, sex, age, or disability. In
addition, the Contractor agrees to comply with applicable Federal implementing regulations and
other implementing requirements FTA may issue.
2. Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed,. National Origin, Sex - In accordance with Title VI I of the Civil
Rights Act, as amended, 42 U.S.C. 2000e, and Federal transit laws at 49 U.S.C. 5332, the
Contractor agrees to comply with all applicable equal employment opportunity requirements
of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et = .,
(which implement Executive Order No. 11246, "Equal Employment Opportunity," as
amended by Executive Order No. 11375, "Amending Executive Order 1 1 246 Relating to
Equal Employment Opportunity," 42 U.S.C.. 2000e note), and with any applicable Federal
statutes, executive orders, regulations, and Federal policies that may in the future affect
construction activities undertaken in the course of the Project. The Contractor agrees to
take affirmative action to ensure that applicants are employed, and that employees are
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treated during employment, without regard to their race, color, creed, national origin, sex, or
age. Such action shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship. In
addition, the Contractor agrees to comply with any implementing requirements FTA may
issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967,
as amended, 29 U.S.C. 623 and Federal transit law at 49 U.S.C.. 5332, the Contractor
agrees to refrain from discrimination against present and prospective employees for reason
of age. In addition, the Contractor agrees to comply with any implementing requirements
FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C.. 12112, the Contractor agrees that it will comply with the requirements
of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630,
pertaining to employment of persons with disabilities. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
3. The Contractor also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the
affected parties.
BREACHES AND DISPUTE RESOLUTION. 49 CFR Part 18
FTA Circular 4220.1 D
Pick applicable clause:
1. Disputes -Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of the City of
Fort Collins's [title of employee]. This decision shall be final and conclusive unless within [ten (10)]
days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal
to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an
opportunity to be heard and to offer evidence in support of its position. The decision of the [title of
employee] shall be binding upon the Contractor and the Contractor shall abide be the decision.
2. Performance During Dispute - Unless otherwise directed by the City of Fort Collins,
Contractor shall continue performance under this Contract while matters in dispute are being
resolved.
3. Claims for Damages - Should either party to the Contract suffer injury or damage to
person or property because of any act or omission of the party or of any of his employees, agents or
others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to
such other party within a reasonable time after the first observance of such injury of damage.
4. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes
and other matters in question between the City of Fort Collins and the Contractor arising out of or
relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or
in a court of competent jurisdiction within the State in which the City of Fort Collins is located. and
remedies available thereunder shall be in addition to and not a limitation of any duties, obligations,
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rights and remedies otherwise imposed or available by law. No action or failure to act by the City of
Fort Collins, (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of
them under the Contract, nor shall any such action or failure to act constitute an approval of or
acquiescence in any breach thereunder, except as may be specifically agreed in writing.
PATENT AND RIGHTS IN DATA
37 CFR Part 401
49 CFR Parts 18 and 19
The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix A, Section
5, but the rights in data clause reflects FTA objectives. For patent rights, FT/k is governed by
Federal law and regulation. For data rights, the text on copyrights is insufficient to meet FTA's
purposes for awarding research grants. This model clause, with larger rights ,as a standard, is
proposed with the understanding that this standard could be modified to FTA's needs.
CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORK.
A. Rights in Data - This following requirements apply to each contract involving
experimental, developmental or research work:
(1) The term "subject data" used in this clause means recorded information,
whether or not copyrighted, that is delivered or specified to be delivered under the
contract. The term includes graphic or pictorial delineation in media such as
drawings or photographs; text in specifications or related performance or design -type
documents; machine forms such as punched cards, magnetic tape, or computer
memory printouts; and information retained in computer memory. Examples include,
but are not limited to: computer software, engineering drawings and associated lists,
specifications, standards, process sheets, manuals, technical reports, catalog item
identifications, and related information. The term "subject data" does not include
financial reports, cost analyses, and similar information incidental to contract
administration.
(2) The following restrictions apply to all subject data first produced in the
performance of the contract to which this Attachment has been added:
(a) Except for its own internal use, the Purchaser or Contractor may not
publish or reproduce subject data in whole or in part, or in any manner or
form, nor may the Purchaser or Contractor authorize others to do so, without
the written consent of the Federal Government, until such time as the
Federal Government may have either released or approved the release of
such data to the public; this restriction on publication, however, does not
apply to any contract with an academic institution. (b) In accordance with 49
C.F.R. 18.34 and 49 C.F.R. 19.36, the Federal Government reserves a
royalty -free, non-exclusive and irrevocable license to reproduce, publish, or
otherwise use, and to authorize others to use, for "Federal Government
purposes," any subject data or copyright described in subsections (2)(b)I and
(2)(b)2 of this clause below. As used in the previous sentence, "for Federal
Government purposes," means use only for the direct purposes of the
Federal Government. Without the copyright owner's consent, the Federal
Government may not extend its Federal license to any other party.
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1. Any subject data developed under that contract, whether or
not a copyright has been obtained; and
2. Any rights of copyright purchased by the Purchaser or
Contractor using Federal assistance in whole or in part provided by
FTA.
(b) When FTA awards Federal assistance for experimental,
developmental, or research work, it is FTA's general intention to increase
transportation knowledge available to the public, rather than to restrict the
benefits resulting from the work to participants in that work. Therefore,
unless FTA determines otherwise, the Purchaser and the Contractor
performing experimental, developmental, or research work required by the
underlying contract to which this Attachment is added agrees to permit FTA
to make available to the public, either FTA's license in the copyright to any
subject data developed in the course of that contract, or a copy of the subject
data first produced under the contract for which a copyright has not been
obtained. If the experimental, developmental, or research work, which is the
subject of the underlying contract, is not completed for any reason
whatsoever, all data developed under that contract shall become subject
data as defined in subsection (a) of this clause and shall be delivered as the
Federal Government may direct.
(c) This subsection (c) , however, does not apply to adaptations of
automatic data processing equipment or programs for the Purchaser or
Contractor's use whose costs are financed in whole or in part with Federal
assistance provided by FTA for transportation capital projects.
(d) Unless prohibited by state law, upon request by the Federal
Government, the Purchaser and the Contractor agree to indemnify, save,
and hold harmless the Federal Government, its officers, agents, and
employees acting within the scope of their official duties against any liability,
including costs and expenses, resulting from any willful or intentional
violation by the Purchaser or Contractor of proprietary rights, copyrights, or
right of privacy, arising out of the publication, translation, reproduction,
delivery, use, or disposition of any data furnished under that contract.
Neither the Purchaser nor the Contractor shall be required to indemnify the
Federal Government for any such liability arising out of the wrongful act of
any employee, official, or agents of the Federal Government.
(e) Nothing contained in this clause on rights in data shall imply a license
to the Federal Government under any patent or be construed as affecting the
scope of any license or other right otherwise granted to the Federal
Government under any patent.
(f) Data developed by the Purchaser or Contractor and financed entirely
without using Federal assistance provided by the Federal Government that
has been incorporated into work required by the underlying contract to which
this Attachment has been added is exempt from the requirements of
subsections (b), (c), and (d) of this clause , provided that the Purchaser or
Contractor identifies that data in writing at the time of delivery of the contract
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work.
(g) Unless FTA determines otherwise, the Contractor agrees to include
these requirements in each subcontract for experimental, developmental, or
research work financed in whole or in part with Federal assistance provided
by FTA.
(3) Unless the Federal Government later makes a contrary determination in
writing, irrespective of the Contractor's status i.e. , a large business, small business,
state government or state instrumentality, local government, nonprofit organization,
institution of higher education, individual, etc.), the Purchaser and the Contractor
agree to take the necessary actions to provide, through FTA, those rights in that
invention due the Federal Government as described in U.S. Department of
Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," 37 C.F.R. Part 401.
(4) The Contractor also agrees to include these requirements in each
subcontract for experimental, developmental, or research work financed in whole or
in part with Federal assistance provided by FTA.
B. Patent Rights - This following requirements apply to each contract involving
experimental, developmental, or research work:
(1) General - If any invention, improvement, or discovery is conceived or first
actually reduced to practice in the course of or under the contract to which this
Attachment has been added, and that invention, improvement, or discovery is
patentable under the laws of the United States of America or any foreign country, the
Purchaser and Contractor agree to take actions necessary to provide immediate
notice and a detailed report to the party at a higher tier until FTA is ultimately notified.
(2) Unless the Federal Government later makes a contrary determination in
writing, irrespective of the Contractor's status (a large business, small business,
state government or state instrumentality, local government, nonprofit organization,
institution of higher education, individual), the Purchaser and the Contractor agree to
take the necessary actions to provide, through FTA, those rights in that invention due
the Federal Government as described in U.S. Department of Commerce regulations,
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms
Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part
401.
(3) The Contractor also agrees to include the requirements of this clause in each
subcontract for experimental, developmental, or research work financed in whole or
in part with Federal assistance provided by FTA.
TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS
49 U.S.C. § 5310, § 5311, and § 5333
29 CFR Part 215
Applicability to Contracts
The Transit Employee Protective Provisions apply to each contract for transit operations
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performed by employees of a Contractor recognized by FTA to be a transit operator. (Because
transit operations involve many activities apart from directly driving or operating transit vehicles,
FTA determines which activities constitute transit "operations" for purposes of this clause.)
Flow Down
These provisions are applicable to all contracts and subcontracts at every tier.
Transit Employee Protective Provisions.
1. The Contractor agrees to the comply with applicable transit employee protective
requirements as follows: 11
(a) General Transit Employee Protective Requirements - To the extent that FTA
determines that transit operations are involved, the Contractor agrees to carry out the
transit operations work on the underlying contract in compliance with terms and
conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect
the interests of employees employed under this contract and to meet the employee
protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R.
Part 215, and any amendments thereto. These terms and conditions are identified in the
letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project
from which Federal assistance is provided to support work on the underlying contract.
The Contractor agrees to carry out that work in compliance with the conditions stated in
that U.S. DOL letter. The requirements of this subsection (1), however, do not apply to
any contract financed with Federal assistance provided by FTA either for projects for
elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2),
or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate
provisions for those projects are set forth in subsections (b) and (c) of this clause.
(b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C.
5310(a)(2) for Elderly Individuals and Individuals with Disabilities - If the contract involves
transit operations financed in whole or in part with Federal assistance authorized by 49
U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or
determines in the future that the employee protective requirements of 49 U.S.C. §
5333(b) are necessary or appropriate for the state and the public body subrecipient for
which work is performed on the underlying contract, the Contractor agrees to carry out
the Project in compliance with the terms and conditions determined by the U.S. Secretary
of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29
C.F.R. Part 215, and any amendments thereto. These terms and conditions are
identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth
Grant Agreement or Cooperative Agreement with the state. The Contractor agrees to
perform transit operations in connection with the underlying contract in compliance with
the conditions stated in that U.S. DOL letter.
(c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. §
5311 in Nonurbanized Areas - If the contract involves transit operations financed in whole
or in part with Federal assistance authorized by 49 U.S.C. § 5311, the Contractor agrees
to comply with the terms and conditions of the Special Warranty for the Nonurbanized
Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May
31, 1979, and the procedures implemented by U.S. DOL or any revision thereto.
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2. The Contractor also agrees to include the any applicable requirements in each
subcontract involving transit operations financed in whole or in part with Federal assistance provided
by FTA.
DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 23
DBE Policy- It is the policy of the Department of Transportation, hereinafter referred to as
DOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, shall have
the maximum opportunity to participate in the performance of contracts financed in
whole or in part with Federal funds under this Agreement. Consequently, the DBE
requirements of 49 CFR Part 23 apply to this agreement.
DBE Obligation - The grantees and its vendors agree to ensure that DBEs as defined in
409 CFR Part 23, have the maximum opportunity to participate in the performance of
contracts and subcontracts financed in whole or in part with Federal funds provided
under this Agreement. In this regard, all grantees and vendors shall take all necessary
and reasonable steps in accordance with 49 CFR Part 23 to ensure that the DBE have the
maximum opportunity and shall not discriminate on the basis of race, color, national
origin, or sex in the award and performance of DOT -assisted contracts.
Disadvantaged Business Enterprise Provision
1. The Federal Fiscal Year goal has been set by the City of Fort Collins in an attempt to
match projected procurements with available qualified disadvantaged businesses. the City of Fort
Collins goals for budgeted service contracts, bus parts, and other material and supplies for
Disadvantaged Business Enterprises have been established by the City of Fort Collins as set forth
by the Department of Transportation Regulations 49 C.F.R. Part 23, March 31, 1980, and amended
by Section 106(c) of the Surface Transportation Assistance Act,of 1987, and is considered pertinent
to any contract resulting from this request for proposal.
If a specific DBE goal is assigned to this contract, it will be clearly stated in the Special
Specifications, and if the contractor is found to have failed to exert sufficient, reasonable, and good
faith efforts to involve DBEs in the work provided, the City of Fort Collins may declare the Contractor
noncompliant and in breach of contract. If a goal is not stated in the Special Specifications, it will be
understood that no specific goal is assigned to this contract.
(a) Policy - It is the policy of the Department of Transportation and the City of Fort Collins
that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, and as amended in
Section 106(c) of the Surface Transportation and Uniform Relocation Assistance Act of
1987, shall have the maximum opportunity to participate in the performance of Contract
financed in whole or in part with federal funds under this Agreement. Consequently, the
DBE requirements of 49 CFR Part 23 and Section 106(c) of the STURAA of 1987, apply to
this Contract.
The Contractor agrees to ensure that DBEs as defined in 49 CFR Part 23 and
Section 106(c) of the STURAA of 1987, have the maximum opportunity to
participate in the whole or in part with federal funds provided under this
Agreement. In this regard, the Contractor shall take all necessary and reasonable
steps in accordance with the regulations to ensure that DBEs have the maximum
opportunity to compete for and perform subcontracts. The Contractor shall not
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discriminate on the basis of race, color, national origin, religion, sex, age or
physical handicap in the award and performance of subcontracts.
It is further the policy of the City of Fort Collins to promote the development and
increase the participation of businesses owned and controlled by disadvantaged.
DBE involvement in all phases of the City of Fort Collins procurement activities are
encouraged.
(b) DBE obligation - The Contractor and its subcontractors agree to ensure that
disadvantaged businesses have the maximum opportunity to participate in the performance
of contracts and subcontracts financed in whole or in part with federal funds provided under
the Agreement. In that regard, all Contractors and subcontractors shall take all necessary
and reasonable steps in accordance with 49 CFR Part 23 as amended, to ensure that
minority business enterprises have the maximum opportunity to compete for and perform
contracts.
(c) Where the Contractor is found to have failed to exert sufficient reasonable and good
faith efforts to involve DBEs in the work provided, the City of Fort Collins may declare the
contractor noncompliant and in breach of contract.
(d) The Contractor will keep records and documents for a reasonable time following
performance of this contract to indicate compliance with the City of Fort Collins DBE
program. These records and documents will be made available at reasonable times and
places for inspection by any authorized representative of the City of Fort Collins and will be
submitted to the City of Fort Collins upon request.
(e) the City of Fort Collins will provide affirmative assistance as may be reasonable and
necessary to assist the prime contractor in implementing their programs for DBE
participation. The assistance may include the following upon request:
* Identification of qualified DBE
* Available listing of Minority Assistance Agencies
" Holding bid conferences to emphasize requirements
2. DBE Program Definitions, as used in the contract:
(a) Disadvantaged business "means a small business concern":
i. Which is at least 51 percent owned by one or more socially and economically
disadvantaged individuals, or, in the case of any publicly owned business, at least 51
percent of the stock of which is owned by one or more socially and economically
disadvantaged individuals; and
ii. Whose management and daily business operations are controlled by one or
more of the socially and economically disadvantaged individuals who own it. or
iii. Which is at least 51 percent owned by one or more women individuals, or in
the case of any publicly owned business, at least 51 % of the stock of which is
owned by one or more women individuals; and
iv. Whose management and daily business operations are controlled by one or
more women individuals who own it.
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(b) "Small business concern" means a small business as defined by Section 3 of the
Small Business Act and Appendix B - (Section 106(c)) Determinations of Business Size.
(c) "Socially and economically disadvantaged individuals" means those individuals who
are citizens of the United States (or lawfully admitted permanent residents) and States (or
lawfully admitted permanent residents) and who are black Americans, Hispanic Americans,
Native Americans, Asian -Pacific Americans, Asian -Indian Americans,,or women, and any
other minorities or individuals found to be disadvantaged by the Small Business
Administration pursuant to section 8(a) of the Small Business Act.
i. "Black Americans", which includes persons having origins in any of the Black
racial groups of Africa;
ii. "Hispanic Americans", which includes persons of Mexican, Puerto Rican, Cuba,
Central or South American, or other Spanish or Portuguese culture or origin,
regardless of race;
iii. "Native Americans', which includes persons who are American Indians, Eskimos,
Aleuts, or Native Hawaiians;
iv. "Asian -Pacific Americans", which includes persons whose origins are from
Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines,
Samoa, Guam, the U.S. Trust Territories of Pacific, and the Northern Marianas;
V. "Asian -Indian Americans", which includes persons whose origins are from
India, Pakistan, and Bangladesh.
Transit Vehicle Manufacturers (26.49)
The City of Fort Collins will require each transit vehicle manufacturer, as a condition of
being authorized to bid or propose on FTA-assisted transit vehicle procurements, to
certify that it has complied with the requirements of this section.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FTA Circular 4220.I11)
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include,
in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth
in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA
Circular 4220.1 D, dated April 15, 1996, are hereby incorporated by reference. Anything to the
contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of
a conflict with other provisions contained in this Agreement. The Contractor shall not perform any
act, fail to perform any act, or refuse to comply with any the City of Fort Collins requests which would
cause the City of Fort Collins to be in violation of the FTA terms and conditions.
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Attachment
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100, 000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as
amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413
(1 /19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10
of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)]
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31, U.S.C. 1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C.1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or
fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of
not less than $10,000�,1and not more than $100,000 for each such expenditure or failure.]
The Contractor, I/ea1t4 IrQAs6PaC-+a-�a'1 on certifies or affirms the
Truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,
the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to
this ce?m7xt
of any. Signature of Contractor's Authorized Official
('�c` %(lili �Q, �Pn;0 V%ce P�+sO/A Name and Title of Contractor's Authorized Official
.2 f; ai Date
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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.
13. 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.
14. 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 negligent 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 D,
consisting 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 Director
of Purchasing and Risk Management, 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.
15. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
4
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EXHIBIT D
INSURANCE REQUIREMENTS
1. 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, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
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. 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 for any claims arising out of work performed under this
Agreement.
2. 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 insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and 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 each coverage,
Commercial General and Vehicle, shall not be less than $500,000 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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representations not contained in this Agreement shall not be binding on the parties.
16. 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.
17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify 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 "e-Verify Program") or the Department Program (the
"Department Program"), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform work
under this Agreement.
C. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
Notify such subcontractor and the City within three days that Service
Provider 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 Service Provider
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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.
e. Service Provider 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.
f. If Service Provider 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, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider's violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates
this provision of this Agreement and the City terminates the Agreement for such breach.
18. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "C", Federal Requirements consisting
of eighteen (18) pages, attached hereto and incorporated herein by this reference. Note there is no
specific Disadvantaged Business Enterprise goal for this Agreement.
Signatures on following page.
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CITY OF FORT COLLINS, COLORADO
Do.
a municipal corporation
By. Ja es B O'Neill II, CPPO, FNIGP
Dir to of Purchasing and Risk Management
Date: t6
7aw.
-j
City Clerk
APPR AS TO FO M:
As ist City tt y
By:
PRINT N ME
,Orvio r �• c 'Ps.'�P��
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: .2- 7' d
ATTEST: (Corporate Seal)
CORPORATE SECRETARY
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EXHIBIT A
SCOPE OF WORK
The City of Fort Collins Dial -A -Ride program provides door-to-door specialized transportation
services to citizens who, because of their disability are unable to access the fixed route bus
service. This program, administered by the Transfort Division, consists of Road Operations and
Central Dispatch components. The City is seeking a Service Provider to provide road operations
for both ambulatory and non -ambulatory passengers under the following conditions:
Those passengers certified eligible to use the City of Fort Collins Dial -A -Ride whose pick-
up and drop-off locations are within a 3/4 mile boundary around the Transfort fixed route
system as shown in Attachment A.
Those passengers not residing within the 3/4 mile boundary around the Transfort fixed
route system, but whose residences have been "grandfathered" by the City shall be
transported to and from their home.
Transportation shall be provided to any and all locations that are within the 3/4 mile
boundary around the Transfort fixed route system.
s The City may assign additional trips including same day and overflow trips which may be
within or outside the 3/4 mile boundary.
Dial -A -Ride intends to provide door-to-door paratransit services through the coordinated efforts
of a central ride reservation center operated by the City of Fort Coll ins/Dial-A-Ride hereinafter
referred to as "The City" and a contracted service provider hereinafter referred to as the "Service
Provider".
The Service Provider shall work with the City in order to maximize service efficiencies and
overall quality. The City shall be the point of contact for trip reservations. On a daily basis, the
Service Provider shall receive passenger trip requests for the next service day with scheduled
pick-up times from the City through an electronic data transfer which shall be defined in this
scope of work. The Service Provider shall assign their vehicles and drivers in order to provide
the requested trips.
CONTRACT REQUIREMENTS -GENERAL
The selected Service Provider shall have the following responsibilities for the operation of this
proposal. They are:
1. To provide qualified, competent and courteous staff,
2. To provide safe, clean, comfortable and customer -friendly vehicles, and
3. To provide the necessary management and administration to meet the requirements of
this contract.
The City has the following responsibilities under this contract:
1. Provide program management and direction,
2. Develop and provide to Service Provider all policies for service, and ensure that
appropriate procedures are developed to implement them,
3. Define service standards and performance criteria,
4. Set fares and fare policy,
5. Determine passengers' eligibility for use of services,
6. Take ride reservations, and
7. Provide the Service Provider with a master copy of all forms needed for reporting
necessary information to the City.
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8. To work with the Service Provider to control no shows and cancelled trips and to assist
Service Provider by giving as much advanced notice as possible on cancels and no
show trips. The goal being at least 2 hours notice prior to pick up where possible;
understanding that the City policy is 1 hour notice prior to pick up.
CONTRACT REQUIREMENTS -TECHNOLOGY
The selected Service Provider shall be responsible for the following:
1. Incur the initial and on -going costs to maintain a high speed broadband internet
connection at their site having no trends of interruption in service.
2. Incur the initial and on -going costs to maintain a wireless network connection for ten (10)
static IP address accounts with unlimited data transfer capability having no trends of
interruption in service.
3. Provide a dedicated personal computer with the following minimum system requirements
having no trends of hardware/software failure:
a. Intel Pentium Dual -Core Processor higher processor
b. 2GB RAM or greater
c. SATA Hard Disk Controller
d. Monitor (17" or larger)
e. 100BaseT 32 bit PCI Network Card
f. CD/DVD ROM
g. Video Card with 256MB of dedicated RAM
h. Window XP SP2/Windows Vista Business
4. Maintain ten (10) MDC units in lease agreement with the City. The Contractor shall be
responsible for the maintenance as well as the cost of any damage or abuse to the units.
5. Incur the cost of installation of ten (10) MDC units in designated vehicles.
6. Provide the City with remote access to the Service Provider's remote dispatching console
for software upgrades, troubleshooting and other software related issues.
7. Provide the City with on -site access at the Service Provider's location and/or the City's
location for hardware upgrades and troubleshooting.
The City shall be responsible for the following:
1. Provide the Contractor with ten (10) MDC units for lease at a cost to be determined
during negotiations of the contract.
2. Provide the Contractor with "Train the Trainer" instruction on the maintenance of the
MDC units at a cost to be determined during negotiations of the contract.
3. Provide the Contractor with a Virtual Private Network (VPN) account to the City network.
4. Provide the Contractor with access to one (1) software license for the City paratransit
scheduling software.
5. Provide necessary "Train the Trainer" instruction on the use of the City paratransit
scheduling software at a cost to be determined during negotiations of the contract.
6. Coordinate and approve support of City paratransit software with transit software vendor
for issues that are pre -authorized by the City.
PARATRANSIT OPERATING STANDARDS
Each of the operating standards shall be deemed material, a breach of which may result in the
SA rev07/08