HomeMy WebLinkAboutCORRESPONDENCE - RFP - P1104 ONLINE SERVICES (32)Eort_Collins
of'
November 3, 2009
Kubra
Attn: Mr. Rick Watkin
5050 Tomken Road
Mississauga ON L4W 5131
Canada
RE: Renewal, P1104 Online Services
Dear Mr. Watkin:
Financial Services
Purchasing Division
215 North Mason Street
2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707 - fax
fcgov.com/Purchasing
The City of Fort Collins wishes to extend the agreement term for the above captioned proposal
per the existing terms and conditions and the following:
1) Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Professional represents and agrees that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an
illegal alien who will perform work under this Agreement; and
2. Professional 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. Professional 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. Professional 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 Professional obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien,
Professional shall:
1. Notify such subcontractor and the City within three days that
Professional 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 Professional shall not terminate the contract with the
subcontractor if during such three days the subcontractor provides
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information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien.
e. Professional 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 Professional 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, Professional shall be liable for
actual and consequential damages to the City arising out of Professional's
violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Professional
violates this provision of this Agreement and the City terminates the Agreement
for such breach.
2) Amendment 54. To the extent that this Agreement may constitute a "sole
source government contract" within the meaning of Section 2(14.4) of Article
XXVIII of the constitution of the State of Colorado, about which the City makes no
representation, Section 15 of said Article XXVIII, which reads as follows, is
hereby incorporated into this Agreement and made a part hereof:
a. Section 15. Because of a presumption of impropriety between
contributions to any campaign and sole source government contracts, contract
holders shall contractually agree, for the duration of the contract and for two
years thereafter, to cease making, causing to be made, or inducing by any
means, a contribution, directly or indirectly, on behalf of the contract holder or on
behalf of his or her immediate family member and for the benefit of any political
party or for the benefit of any candidate for any elected office of the state (of
Colorado) or any of its political subdivisions.
3.) Red Flag Language. Service Provider must implement reasonable policies and
procedures to detect, prevent and mitigate the risk of identity theft in compliance
with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations
part 681. Further, Service Provider must take appropriate steps to mitigate
identity theft if it occurs with one or more of the City's covered accounts.
4.) Confidentiality. IN CONNECTION WITH SERVICES provided to the City of Fort
Collins (the "City") pursuant to this Agreement (the "Agreement"), the Contractor
hereby acknowledges that it has been informed that the City has established
policies and procedures with regard to the handling of confidential information
and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter
individually and collectively, regardless of nature, referred to as "information")
that are the property of and/or relate to the City or its employees, customers or
suppliers, which access is related to the performance of services that the
Contractor has agreed to perform, the Contractor hereby acknowledges and
agrees as follows:
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That information that has or will come into its possession or knowledge in
connection with the performance of services for the City may be confidential
and/or proprietary. The Contractor agrees to treat as confidential (a) all
information that is owned by the City, or that relates to the business of the City,
or that is used by the City in carrying on business, and (b) all information that is
proprietary to a third party (including but not limited to customers and suppliers of
the City) . The Contractor shall not disclose any such information to any person
not having a legitimate need -to -know for purposes authorized by the City.
Further, the Contractor shall not use such information to obtain any economic or
other benefit for itself, or any third party, except as specifically authorized by the
City.
The foregoing to the contrary notwithstanding, the Contractor understands that it
shall have no obligation under this Agreement with respect to information and
material that (a) becomes generally known to the public by publication or some
means other than a breach of duty of this Agreement, or (b) is required by law,
regulation or court order to be disclosed, provided that the request for such
disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Contractor shall furnish a
copy of this Agreement to anyone to whom it is required to make such disclosure
and shall promptly advise the City in writing of each such disclosure.
In the event that the Contractor ceases to perform services for the City, or the
City so requests for any reason, the Contractor shall promptly return to the City
any and all information described hereinabove, including all copies, notes and/or
summaries (handwritten or mechanically produced) thereof, in its possession or
control or as to which it otherwise has access.
The Contractor understands and agrees that the City's remedies at law for a
breach of the Contractor's obligations under this Confidentiality Agreement may
be inadequate and that the City shall, in the event of any such breach, be entitled
to seek equitable relief (including without limitation preliminary and permanent
injunctive relief and specific performance) in addition to all other remedies
provided hereunder or available at law.
The term will be extended for one (1) additional year, October 23, 2009 through October 22,
2010.
If the renewal is acceptable to your firm, please sign this letter in the space provided and return
all documents to the City of Fort Collins, Purchasing Division, P. O. Box 580, Fort Collins, CO
80522, within the next fifteen days.
If this extension is not agreeable with your firm, we ask that you send us a written notice stating
that you do not wish to renew the contract and state the reason for non -renewal.
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Please contact Opal F. Dick, CPPO, Senior Buyer at (970) 221-6778 if you have any questions
regarding this matter.
Sincerely,
J �esONeill II, CPPO, FNIGP
Di for of Purchasing and isk Management
Signature r / Date
(Please indicate your desire to renew P1104 by signing this letter and returning it to Purchasing
Division within the next fifteen days.)
JBO:jkb
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