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HomeMy WebLinkAboutROCKY MOUNTAIN INNOVATION INITIATIVE RMI2 - CONTRACT - AGREEMENT MISC - ROCKY MOUNTAIN INNOVATION INITIATIVESERVICES AGREEMENT WORK ORDER TYPE 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 Rocky Mountain Innovation Initiative (RM12) 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: Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for work order projects for cluster initiatives. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders I greed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit "A", consisting of one (1)page and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No work order shall exceed $50,000.00. The only services authorized under this agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. b. The City may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. STD SA WO rev07/09 1 i 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. 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: 1. 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. EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND Rocky Mountain Innovation Initiative (RM12) DATED: 2/10/10 Work Order Number: Purchase Order Number: 9 ( o of J 1 Project Title: plo ck--t VY1ourx+a(1, 6-eosp-, od c tog+e'- 13 �v Commencement Date: of f t D /3'0 c Completion Date: 2 13 t' / 0 Maximum Fee: (time and reimbursable direct costs) Project Description Scope of Services: M+K it e o IDO 1 �i-i'al C�l U s e,r J �-(- a toe d,F �e� ���es JA:W 'I «416 Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of _ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. User Acceptance City of Fort Collins LIM Date: By. t Y /�-- Dire of Purchasing and Risk Management (ove 60,000.00) Date: / V GIS Alley Cluster Initiative 2010 Scope of Services January 18, 2010 Purpose: The Rocky Mountain Geospatial Cluster was formed in October of 2007. Its purpose is to increase industry partnerships with other GIS companies, government and academia with the goal of growing local Geospatial firms. Clusters are used as an overall Economic Development tool to spotlight leading edge innovation in a region's area of core competency. Geospatial companies are members for the following reasons: *Increased publicity through GISalley.com, Community events, GIS in the Rockies *Increased chance of larger collaborative projects *Increased chance of contracts and leads, rfps through communication with other members *Increased communication to K-16 academia in order to continue to offer first rate training to area workforce and be able to prepare schools for industry needs. *Collaborate with other members to hear about the innovation happening in the field *Closer ties into CSU research within the field *Increased chance of finding quality job seekers The strategic goals of the GIS Alley Cluster are: Track the Growth and Vitality of Member Companies Brand NOCO's Geospatial Cluster to the world to highlight local industry's ability Identify Gaps in Geotechnology Northern Colorado Ecosystem Identify Collaboration Opportunities between members and outside service providers Collaborate on Showcase Project through CSU or a local Federal Laboratory 2010 Services include: Large quarterly targeted forums to include: 1) Forum 1— Social Networking— GIS Alley event One/Two large social networking events to meet the GIS Alley goal of collaboration. This membership identified that monthly meetings were too often and that holding interaction in a casual forum would ease some of the competitive nature of the field and induce more potential collaborative opportunities. The first event is scheduled for February of 2009 with ESC Engineering leading the planning. . 3 Strategic Planning Meetings with subcommittee for event goals Coordination of subcommittee meetings Facility and event planning detail logistics Sponsorship attainment Speaker attainment Administration $2500 2) Forum 2 —Education Event in Collaboration with CSU - Unconference The second forum will be a large educational event designed to showcase the latest innovations coming out of CSU and local industry. The group is researching utilizing an un-conference forum as a new and creative way to bring the GIS community and other interested parties from around the state together to highlight the future in Geospatial offerings. 4 Strategic Planning Meetings with subcommittee members Coordination and Research on topics of interest Coordination of subcommittee meetings Facility and event planning detail and logistics Sponsorship attainment Administration $2500 3) Forum 3 —Innovation in Geospatial community— International GIS Day The third forum will be an event tobring out non Geospatial community and industry to bring awareness to the growing field of GIS and to showcase to outside industry how GIS technologies can assist other fields through new innovative applications. This event will be coordinated around International GIS Day and will be a collaborative effort with CSU GIS faculty. 4 Strategic Planning Meetings with subcommittee members Coordination of subcommittee meetings Facility and event planning details and logistics Sponsorship Attainment Speaker Attainment Tradeshow planning and booth attainment Administration $2500 4) Forum 4—GIS Government Day The final quarterly forum will be on the topic of How to work with City, State and Federal Government. The intent is to introduce the GIS Alley membership to several Government panels dedicated to educating the membership on the needs and RFP process. 5 Strategic Planning Meetings with subcommittee members Coordination of subcommittee meetings Facility and event planning details and logistics Sponsorship Attainment Speaker Attainment Administration $2500 Each quarterly forum requires the regulation and formation of sub committees and convening of bi-weekly meetings throughout the quarter until the event occurs. The 2010 scope of services encompasses all coordination, communication and planning to see that each of these events meet the sub committee's and larger GIS Alley goals. 5) Website upkeep - Marketing In addition to these 4 large targeted forums, the GIS Alley membership intends to revamp the website to include a broader range of industry news and potential updates from local blogger, Glenn Letham. The membership has also formed a Linked In group which will be updated with industry RFP's, job postings and event updates. Daily communication with members Weekly review of GIS News and blogs Weekly updates of website for announcements Postings of RFPs and job announcements Linked IN group administration Volunteer coordination 6) CDC Vector Project with GIS Alley $3000 Lastly, GIS Alley began the planning of a pilot project in collaboration with the Centers for Disease Control in late 2009. The GIS Alley director will be involved with continual meetings and communication to see that this project is completed within 2010. Currently there are 3 companies and 5 volunteers representing GIS alley who the director is coordinating. The project is titled Vector Atlas for Lyme Disease. The team is reviewing simple maps from sources throughout the United States based on historical data depicting counties where vectors are established or where they've been reported. If possible this team will look at data collected on deer populations that could be used to analyze any correlation. The goal is to code the data to as precise a location as is possible based on the records, and later bin the data by county to produce an up to date map allowing the CDC to analyze the need for up to date sampling to further understand the track of Lyme disease. When complete this project may lead to further larger projects between the CDC labs and our GIS alley members. Bi-Monthly committee updates Monthly meetings of volunteers Coordination of volunteers Administration 7) GIS Alley survey report $4000 In 2009, the director and 3 volunteers conducted 13 GIS alley member interviews. The 2 hour surveys were based on capturing data on general industry trends and workforce needs. In 2010, the director intends to produce a report disclosing the findings. This report will be routed to all membership, local university professors and community stakeholders. $2000 8) General Administration of all GIS Alley activities The director of the GIS Alley coordinates all ad -hoc advisory meetings, attends industry meetings, gives speeches and attends trade shows throughout the year. $6000 Total Annual Contract Amount $25,000 EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND Rocky Mountain Innovation Initiative (RM12) DATED: 2/10/10 Work Order Number: #2 Larimer BioScience Cluster I Purchase Order Number: 9100104 Project Title: Larimer BioScience Cluster Commencement Date: 2/10/10 Completion Date: 12/31 /10 Maximum Fee: (time and reimbursable direct costs):$40,000.00 Project Description: Larimer BioScience Cluster Scope of Services: Per attached Scope of Services dated 1/18/10 Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of _ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. User Acceptance City of Fort Collins By: Date: Dir cto of Purcchhafsing and Risk Management (ov so,000.Qo> I � A � �T Date: �G. 2010 Scope of Services January 18, 2010 Purpose: The Larimer Bioscience Cluster's mission is to mobilize resources, coordinate actions and identify long- term partnerships to grow Larimer County into an important regional and national center for the biosciences. In 2010, the Larimer Bioscience Cluster has identified some significant projects to move the Bioscience Industry forward. Due to limited resources and funding, there is a significant need for volunteers/champions for the projects identified below. Each of these should not require more than a 6 month commitment to complete. Alongside these larger projects, there will be several public and industry partners whose programs the director will assist in seeing completed. Strategic Goals: Strategy ONE: improve availability of funding for bioscience companies, especially seed & early state. Strategy TWO: Enhance the success.rate of small/startup bioscience companies and support needs of existing firms in region. Strategy THREE: Determine and address bioscience workforce needs. Strategy FOUR: Support CSU's critical role in regional/state bioscience effort —maximize commercialization of bioscience discoveries. Strategy FIVE: Integrate clinical activities at Poudre Valley Health System with research capabilities at CSU. 2010 Services include: CRO/CMO Core Event: The State of Colorado has excellent resources for Contract Research Organizations, Contract Manufacturing Organizations and many offerings within the University Core Laboratories. The goal of this event is to offer an education on how and when to work with these different service providers in addition to promoting the utilization of our state's own resources as opposed to outsourcing internationally. The Larimer Bioscience Cluster and CBSA are in line to host this event with a target of April 2010. Seven volunteers have been organized to begin the planning for this showcase/vendor show. 8 Strategic Planning Meetings to identify program and audience goals Coordination of subcommittee meetings Facility and event planning detail logistics Sponsorship and Speaker attainment Administration $5000 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement., Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence February 10, 2010 and shall continue in full force and effect until February 9, 2011, 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 90 days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is 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. 6. Early Termination by City/Notices 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 mailed at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following address: STD SA WO rev07/09 2 Marketing Plan for Larimer Bioscience Cluster: Over the years there have been efforts to brand and market the Bioscience assets of our region. However, there has not been a strategic marketing plan effort to build world class collateral pieces and a website that truly represents our area's expertise. Overall the goal is to attract talent and industry to build critical mass of Bioscience industry in Northern Colorado. These materials should also promote the industry, academic and federal partners that make up the Bioscience Cluster family. RM12 is dedicated to assisting with this project, but we will need a champion to project manage other members and to include partners such as CSU and UNC Technical journalism students for example. 10 Planning meetings to outlay the vision, needs, scope and goals of the marketing plan Coordination of interns from CSU, UNC, Front Range CC Project Management of all volunteers Sponsorship for collateral Administration and logistics $7000 Larimer Bioscience Workforce Survey Report: In 2009, the director and 3 volunteers conducted 15 Bioscience member interviews. The 2 hour surveys were based on capturing data on general industry trends and workforce needs. In 2010, the director intends to produce a report disclosing the findings. This report will be routed to all membership, local university professors and community stakeholders. Production of report Marketing of report to community partners Electronic version of report produced $2000 Larimer Bioscience Internship Website: The current portal on the Larimer Bioscience Website is not utilized and/or marketed correctly. Potential partners are required to jump-start the internship website in order to better match employers short of resources with the appropriately skilled intern. 6 Planning Meetings to understand current resources and define need Project Management of volunteer team Marketing of Internship Website Interviews with key partners, i.e. CSU, UNC, Career Centers, Larimer County Workforce $3000 BioAsset Map for the region: The concept is to outline all Bioscience Assets of the region to be used as an education and promotional item for many partners. This project correlates with the overall Marketing plan and should be yet another tool for "telling the story" of the Bioscience infrastructure that is in place 'and due to be built. When complete, partners such as the Northern Colorado Economic Development Corporation will include this product to all prospective Bioscience companies looking to move to this area. All K-16 schools could utilize to plan and expand the program offerings. When this is completed in a comprehensive manner, each member can look to this as a resource when.fielding questions about the area. Once this project is complete, it will need annual maintenance due to dynamic changes in the industry. Part of the expected outcome for this volunteer group will be to put in place a plan for sustainability knowing we are limited on resources. This project has been on the table since late 2008. 8-10 Strategic Planning Meetings to identify current assets in Life science community Interviews and research to confirm asset's existence and find more Project Management of volunteers Administration $8000 General Administration of all Larimer Bioscience ongoing activities: The director of the Bioscience Cluster coordinates all monthly meetings to announce events, courses, grants and legislation topics. She manages and grows the membership which currently sits at 120 individuals. She also convenes the Bioscience CEO's monthly for education and peer mentoring. She organizes Ad -hoc advisory meetings, attends industry meetings, gives speeches and attends trade shows throughout the year. There will be peripheral tasks that the director will be involved with to accelerate public and industry partner goals. 3 of which are currently identified as, BIOMARC's Regulatory Affairs Certificate planning, Fort Collins High School's Career Academy planning and coordination with the Colorado Bioscience on their annual Bioscience Bootcamp in Denver. $15000 General Administration of Cluster Total Annual Contract Amount $40,000 City City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 Service Provider Rocky Mountain Innovation Initiative (RM12) Attn: Kelly Peters 200 West Mountain Avenue, Suite A-101 Fort Collins, CO 80521 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the termination date, 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. 7. Contract Sum. In consideration of services to be performed pursuant to this Agreement, the City agrees to pay Service Provider on a time and reimbursable direct cost basis designated in Exhibit "A", attached hereto and incorporated herein by this reference. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Scope of Services, attached hereto as Exhibit "B", consisting of five (5) page[s], and incorporated herein by this reference. Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and. materials, and other costs incurred in connection with the performance of such work. STD SA WO rev07/09 3 9. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in the work order, plus any extensions thereof allowed in accordance with Article 12 of the General conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amount set forth in each Work Order. 10. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 11. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to4he extend that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 12. 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. 13.. 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 under the Agreement or of any cause of action arising out of the performance of this Agreement. STD SA WO rev07/09 4 14. 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. 15. 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. 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non - STD SA WO rev07/09 5 defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 17. 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 representative, successors and assigns of said parties. 18. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. 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 "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. 19. 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. STD SA WO rev07/09 6 20. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. 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. 21. 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: 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 STD SA WO rev07/09 2 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. 22. 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. STD SA WO rev07/09 CITY OF FORT COLLINS, COLORADO a municipal corporation By: qmAe: s B. O'Neill II, PPO DirPurchasing and Risk Management Date: 2 i Z e) Rocky Mountain Innovation Initiative (RM12) By: �'e I I � Print Name Title C kre L O p- w t 0 (6`L&, Corporate President or Vice President Date: o2�/a- ATTEST (Corporate Seal) Corporate Secretary STD SA WO rev07/09 4