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HomeMy WebLinkAbout129790 THE FEET INC - CONTRACT - BID - 7093 COURIER SERVICE - LIBRARY DISTRICTSERVICES 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", on behalf of the. Poudre River Public Library District (District), and The Feet, 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 four (4) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence January 1, 2010, and shall continue in full force and effect until December 31, 2010, 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 four (4) 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, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All 1 SA rev07/08 Harmony and Council Tree Libraries; and complete box collections dropping the boxes as determined. **Special Notes: Sunday morning collection and transfer will include all mat erials;.(trans .prs, holds.&. book drops) and can not be taken.to the Harmony Library any earlier than 8:30 a.m. to allow for building security. Both Library staff and Service Provider couriers will work collaboratively to keep materials from being mixed up. 3. Drop Times: • Harmony Libray - prior to:8:30 a.m. M-F; 11:00 a.m. Sunday Main Library — prior to 9:00 a.m. M-F; 11:30 a.m. Sunday' • Council Tree Library — prior to 9:30 M-F; noon Sunday • Technical Services — opens at 7:00 a.m. M-F Drop times are negotiable depending on the situation and circumstances of the Service Provider. All time changes must have prior approval of the District's Representative. 4. Service Provider must provide reliable transportation and dolly. 5. District requires itemized (numberof visits per -site per -month) -monthly billing. 6. Monthly reports of concerns, issues and recommendations must be submitted to the District's Representative by the 10t' of each month. Open, immediate and daily communication is required in conjunction with the monthly reports. 7. Service Provider must sign a key request form with Front Range Community College — Larimer for a key to Harmony Library. 8. Holiday service will be determined in partnership with the District's Representative. 9. Should an expansion of service be deemed necessary, rate revisions subject to negotiation. 10. Remote Drop Box Locations: a. Fort Collins Senior Center at 1200 Raintree Dr. in Fort Collins b: First,National•.Bank_ at,.155!E.,Boardwalk, in: Fort Collins c. Albertson's at 1636 N College Ave. in. Fort Collins. d. Cache LaPoudre Elementary & Junior High School at 3511 W. County Road 54G in LaPorte e. King Soopers at 2602 Timberline Rd, in Fort Collins Proposed locations for 2010: (Include in bid) 1) Poudre Valley Rural Electric Association at 7649 REA Pkwy in Fort Collins 2) Annunciation Chapel at 290 E County Road 56 in Fort Collins 3) Timnath Town Hall 4100 Main in. Timnath 11. Size of Crates: 2 • Large gray solid 20 x 24 x 12 • Blue collapsible 14 x 21 x 11 • Small gray or red solid 15 x 22 x 10 12. Number of Crates Between Library Sites (average is 20 crates per bldg): • First delivery: Main 6-9 transits avg = 19-20 3-6 holds 2-4 new Harmony : ' 8-10-transits- avg 20-22 4-6 holds 3-5 new Council Tree 12-15 transits avg = 22-24 5-7 holds 2-4 new • Mid delivery: Main 3-7 holds Harmony 5-10 holds Council Tree 7-10 holds • Number of items per Crate: Blue collapsible 50-80 items Large gray solid . 50-70 items Small gray/red 15-25 items • Approximate weight (loaded): Blue collapsible 20-40 Ibs Large gray solid 25-45 Ibs Small gray/red 5-15 Ibs 13. Service Provider must have verifiable similar experience and ability to provide staff and equipment to complete required number circuits, handle average number of crates, and at specified drop times every day District facilities are open. 3 14. Holiday Schedule (2010) Friday January 1 st New Year's Day -][Sunday April 4th Easter Sunday Monday May 31 st [Memorial Day Sunday [J7ul4th [Independence Day Monday [September 6th Labor Day Wednesday November 24th Thanksgiving Eve - Will close early at 5:00 p.m. Thursday [November 25th Thanksgiving Day Friday [December 24th Christmas Eve -- Will close early at 6:00 p.m. Saturday [December 25th Christmas Day -][Friday December 31st [New Year's Eve - Will close early at 5:00 p.m. Saturday January 1 st (2011) New Year's Day EXHIBIT B 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. Both the City and the District, 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: Woftrs', 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. EXHIBIT C BID SCHEDULE BID 7093 Courier Services — Library District Please fill-in the daily and total charges for each circuit. Completed Bid Schedule is only document required to submit bid. Option 1 CIRCUIT FREQUENCY DAILY RATE TOTAL 11 Weekday 2x $ /day for pdays 2) Friday Evening Ix (day $ for 1) day Sunday Morning ix day $•for (1) day TOTAL cos,r PER WEEK: $ ? DATE-�._ eL NAME OF FIRM - SIGNATURE., 4-1 PRINTED NAME: c., 1" irl r000 V1 I TITLE: V r C. c_ 4- ADDRESS < e CITYiZTATE., zip: TELEPHONE 76' EMAIL-. el 1 From: Diana Vigil At: Brown and Brown of Colorado, Inc. FaxID: (970) 484-4165 To: The Feet, Inc. Date: 12/28/2009 01:48 PM Page: 2 of 3 ACORD CERTIFICATE OF LIABILITY INSURANCE OPID FEET -01 DATE (M 12/28/098/69 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown & Brown Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 125 S Howes, 5th Floor P 0 Box 2226 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Collins CO 80522-2226 Phone:970-482-7747 Fax:970-484-4165 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Mountain States Mutual 14648 INSURER B: FIREMAN' S FUND INS CO 21873 The Feet, Inc. Velocity Boys, Inc. dba: INSURERC: Pinnacol Assurance 41190 INSURERD 622 Sherry Dr. Fort Collins CO 80524 INSURER E: W.Avj- -Z,Tr 1� THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYY) DATE (MM/DDIYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 PREMISES(Eaoccurenca) $ 100,000 A X X COMMERCIAL GENERAL LIABILITY CPP010129606 07/01/09 07/01/10 MED EXP (Any one person) $ 10,000 CLAIMS MADE X� OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000 POLICY PECT RO LOC J A AUTOMOBILE X LIABILITY ANY AUTO BAP010129606 07/01/09 07/01/10 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY, INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS ' BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR F—ICLAIMS MADE AGGREGATE $ - $ DEDUCTIBLE - $ RETENTION $ WORKERS COMPENSATION AND X TORY LIMITS I I ER C EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED? 3534074 07/01/09 07/01/10 E.L. EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYEE $ 1000000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT $ 1000000 OTHER B Trans/Motor Truck MZI98470793 02/15/09 02/15/10 Limit $100,000 Cargo I Ded $1,000 DESCRIPTION OF OPERATIONS! LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Fort Collins is included as Additional Insured with respects to General Liability. Fax #221-6707 CERTIFICATE HOLDER CANCELLATION CITYDIV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City Of Fort Collins DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Purchasing Division NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn : David Carrey IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR PO Box 580 Fort Collins CO 80522-0580 REPRESENTATIVES. RESENTAi1VE� , Amon,m imminm ACORD CORPORATION 1988 From: Diana Vigil At: Brown and Brown of Colorado, Inc. FaxID: (970) 484-4165 To: The Feet, Inc. Date: 12/28/2009 01:48 PM Page: 3 of 3 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID D FEET-01 DATE(MWDD/YYYY) 12/28/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown & Brown Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 125 S Howes, 5th Floor P 0 Box 2226 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Collins CO 80522-2226 Phone:970-482-7747 Fax:970-484-4165 INSURERS AFFORDING COVERAGE NAIC# INSURED - _ INSURER A: Mountain States' Mutual 14648 INSURERB: FIREMAN' S FUND INS CO 21873 The Feet, Inc. Velocity Boys, Inc. dba: INSURERC Pinnacol Assurance 41190 INSURERD: 622 Sherry Dr. Fort Collins Co 80524 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L�ljLTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE (MWDDIYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 PREMISES (Ea occurence) $ 100 , 000 A X X COMMERCIAL GENERAL LIABILITY CPP010129606 07/01/09 07/01/10 MED EXP (Any one person) $ 10,000 CLAIMS MADE OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY PECT RO LOC J A AUTOMOBILE X LIABILITY ANY AUTO BABO10129606 07/01/09 07/01/10 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE _ $ RETENTION $ WORKERS COMPENSATION AND X TORY LIMITS I ER E.L. EACH ACCIDENT $ 3.000000 C EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? 3534074 07/01/09 07/01/10 E.L. DISEASE - EA EMPLOYEE $ 1000000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT $ 1000000 OTHER B Trans/Motor Truck MZI98470793 02/15/09 02/15/10 Limit $100,000 Cargo I I Ded $1,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Poudre River Public Library District is included as Additional Insured with respects to General Liability. CERTIFICATE HOLDER CANCELLATION Poudre River Public Library District Attn: Lynda Dickson 201 Peterson Street Fort Collins CO 80521 PDRIVER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. F.ra i-J.yaili F11TAI ACORD CORPORATION 1988 notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: The Feet, Inc. City of Fort Collins Attn: Mr. John .Buoniconti Attn: Purchasing 622 Sherry Drive, Unit C PO Box 580 Fort Collins, CO 80524 Fort Collins, CO 80522 Copy to: Copy to: Seter & Vander Wall, P.C. Poudre River Public Library District 7400 E. Orchard Rd, Ste 3300 Attn: Lynda Dickson Greenwood Village, CO 80111 201 Peterson Street Fort Collins, CO 80524 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 "C" - Bid Schedule, consisting of one (1) page, and incorporated herein by this reference. 6. District Representative. The District 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 District 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 or the District. The City or the District 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. 2 SA rev07/08 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 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 new 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. 3 SA rev07/08 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 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 both the City and the District, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming both the City and the district as an additional insured under this Agreement of the type and with the limits specified within Exhibit "B", 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- 4 SA rev07/08 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 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. 5 SA rev07/08 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: 1. 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 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. 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: M SA rev07/08 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. SA rev07/08 ATTEST: CORPORATE SECRETARY POUDRE RIVER PUBLIC LIBRARY DISTRICT BOARD OF TRUS ES PRESIDENT 9 By: ,' ary At on Date: ,. POUDRE RIVER PUBLIC LIBRARY DISTRICT ACTING THROUGH ITS AGENT, CITY OF FORT COLLINS, COLORADO a municipal corporation By: P Ja es . O'Neill II, CPPO, FNIGP Dir'ct r of Purchasing & Risk Management Date ] i The Feet, Inc. t By: p t^I /) v d ✓I I r ©�f i PRINT NAME v I�� pvc s( e T vT CORPORATE PRESIDENT OR VICE PRESIDENT Date: 1 � _ _ Y7 _ D 1 (Corporate Seal) SA rev07/08 N EXHIBIT A SCOPE OF SERVICES OPTION 1 1. The Service Provide will make two (2) complete circuits daily (Monday -Friday) as follows between Technical Services (TS) located at 256 West Mountain, the Main Library (Main) located at 201 Peterson Street, Harmony Library (Harmony) located at 4616 South Shields on the Front Range Community College Campus, Council Tree Library (Council Tree) located at 2733 Council Tree Avenue, and Remote Drop Boxes (Boxes); with the exception of one (1) pick up for the,Remote Drop Boxes in Timnath, LaPorte, REA, and i Annunciation Chapel • A.M. Circuit: Up to 10 stops within Fort Collins City (FTC) limits (including LaPorte) as well as Main, Harmony, Council Tree, Technical Services, and all Boxes. Route: Start at Main at 7:30 a.m. and do the transfer between the Main, Harmony, Council Tree and Technical Services (TS). It would then proceed on to the box pickups, dropping the boxes as determined. • P.M. Circuit: Up to 6 stops within Fort Collins City (FTC) limits (including LaPorte), plus Main, Harmony, Council Tree, and all Boxes. No TS stop. Route: start at 12:00 p.m. with box collections dropping off as determined at Main, Harmony and Council Tree. Does not include TS stop or transfer of materials between Main, Harmony and Council Tree except for "holds" and those materials will be collected from and dropped off in their specific spots within each building. 2. The Service Provideriwill make.(,1)-complete:circuit:daily (Friday Evening & Sunday Morning) as follows between Main; :Harmony, Council,Tree, and Drop Boxes (Boxes). Friday Evening Circuit: Up to *10 stops within Fort Collins City (FTC) limits (including LaPorte) plus Main; Harmony, Council Tree and all Boxes. No TS stop. Route: Start at Main at 5:45 p.m. and do the transfer between the Main, Harmony and Council Tree: and complete box collections dropping the boxes as determined. *Special Notes: Friday Evening collection and transfer will include all materials (transfers;. holds & .book drops) and must be competed at the Harmony Library no later than 7:30 p.m. to allow for building security. Both Library staff and Service Provider couriers will work collaboratively to keep materials from being mixed up. • Sunday Morning Circuit: Up to **10 stops within Fort Collins City (FTC) limits (including,L+aPorte) plus Main ;.rHarmony,:Council Tree, and all,Boxes.>No TS ry stop. Route: start at Main at 7:30 a.m. and do the transfers between Main,