HomeMy WebLinkAbout432744 ROCKET JONES INTERACTIVE - CONTRACT - AGREEMENT MISC - FORT COLLINS LOVELAND AIRPORTAMENDMENT
Services Contract
+
This Amendment is entered into this I Sday of L , 2010, by and
between the City of Loveland, Colorado ("City") and Rocket Jones Interactive
("Contractor").
Whereas, the parties entered into a contract for Creative and design services to produce
a new airport web site dated April 1, 2010 ("Contract"); and
Whereas, the parties desire to amend the Contract as set forth herein.
Now, therefore, in consideration of the mutual covenants and agreements contained
herein, the parties agree as follows:
1. Addition to Exhibit A is attached to this Amendment. Any such attachments shall
be incorporated into the Contract as if fully set forth therein.
2. All other terms and conditions of the Contract shall remain in full force and effect
according to the provisions thereof.
` a,j%115j }ed by the parties on the date written above.
0.
Of 14�
�� •'''•• C`�2�.� City of Loveland,. Colorado
r Gam:
SEAS I By:
Title:
PUBLIC WO IRECTOR
ATTES'Il�fr
City Clerk
APPROVED AS TO FORM:
9� YZZ, ,
Assistant City Attorney
Page 1 of 2 Form Revised 2/26/2010
i
I
City may terminate this Contract fo' default in accordance with "Termination;" below. If
this Contract is so terminated. the Contractor shall be liable for actual and consequential
damages to the Cite. (Vote: this pcIn-a ruph shall raot apply to controc,ts: ("i) for Services
irnV011417g the cleliver,y of a .specific eracl prochrct (crthe)- them reports that are merely
incic'lental to the perJbI-m nce of scuicl u-ork); or (`ii) for• infin- ution technology services
c n(Por prodacts.)
C. C.R.S. S 24-76.5-103. If the Contractor is a natural person (i.e., not a
corporation, partnership; or other Icully-created entity), he/she must complete the
afliclavit attached hereto as Exhibit C and attach a photocopy of a valid form of
identification. If the Contractor states that he/she is an alien lawfully present in the
United States. the City will verify his/her lawful presence through the SAVE Program or
successor program operated by the;U.S. Department of Homeland Security. In the event
the City determines that the Contractor is not lawfully present in the United States. the
City shall terminate this Contract for default in accordance with "Termination." below.
d. Colorado C'onstituti'on Article XXVIIL If and only to the extent this
Contract constitutes a 'sole source government contract" within the meaning of Article
XXVI11 of the Colorado ConStittitiQn ("Article XXV111"), then the provisions of Sections
15 through 17 of Article XX\tl II i("Amendment �4") are hereby incorporated into this
Contract, and the parties hereto shill comply .with the provisions of Amendment 54. In
such case, Cor purposes of this Contract. the Contractor shall constitute a "contract
holder" foi' purposes of Amenchient 54, as shall any additional persons, officers.
directors, or tr'CISICes related to the Contractor who qualify as "contract holders" pursuant
to the definition set forth in Article XXVIII. In addition, if and only to the extent this
Contract constitutes a "sole source; government contract,' the Contractor hereby certifies
that it is not ineligible to hold ;anv `sole source government contract" pursuant to
Amendment 54 or any contract thereunder, and the Contractor hereby agrees to notihJ the
City immediately if. at any point wring the term of this Contract, the Contractor shall
become ineligible to hold arty "sole source government contract' pursuant to Amendment
54 or any contract thereun(ier. If any provision or provisions of Amendment 54 are held
to be unconstitutional err otherwise invalid by a court of competent jurisdiction in a non -
appealable action. have been repealed retroactively or otherwise do not apply to this
Contract. such provision or provisions shall no longer be incorporated into this Contract.
and the parties hereto shall have no obligations under such provision or provisions,
10, Termination
a. GVithout Cause. Either party may terminate this Contract without cause
upon thirtV clays prior written notice to the other. The City shall be liable to pay the
Contractor Cor Services performed, as of the effective date of termination, but shall not be
liable to the Contractor for anticipated profits.
b. For Default. Each and every term and condition hereof shill be cleemed to
be a material clement of this Contract. Ill the event either party fails to perform according
to the terms of this Contract, such I)arty may be declared in default. If the defaulting parry
does not cure said breach within ten days of written notice thereof; the non -defaulting,
Pau 4 ot'6 Form Revised 2/26t2010
party may terminate this Contract immediately upon written notice of termination to the
other. In the event of such termination by the City, the City shall be liable to pay the
Contractor for Services performed as of the effective date of termination, but shall not be
liable to Contractor for anticipated profits; provided, however, that the Contractor shall
not be relieved of liability to the City for any cfamages sustained by the City by virtue of
anv default under this Contract, and the City may withhold payment to the Contractor for
the purposes ofseItoff until such time as the exact amount of damages is determined.
11. Notices. Written notices shall be directed as follows and shall be deemed
received when hand -delivered or emailed. or three clays after being sent by certified mail,
return receipt requested:
To the City:
David Gordon, A irport Manager
City of Loveland
'I900 Earhart Road
Loveland, CO 80537
Email: «ordod;�i',ci.loveland.co.us
12. Special Provisions. None
To the Contractor:
Marge Norskou
Rocket .tones Interactive
20=4 Walnut Street
Fort Collins. CO 80524
Email: rnar',',e i-ockellones.cor71
13.yiiscellaneous. This Contract contains the entire agreement of the parties relating
to the subject mattEr hereof and, except as provided herein, may not be modified or
amended except by written agreement of the parties. In the event a court of competent
jurisdiction holds any provision of this Contract invalid or unenforceable, such holding
shall not invalidate or render unenforceable any other provision of this Contract. Tlie
Contractor shall not assign this Contract \vithout the City's prior written consent. 'I"his
Contract shall be governed by the laws of the State of Colorado, and venue shall be in the
County of Larimer, State of Colorado.
14. 17Iectronic Sit�ature. This Contract may be executed by electronic si0lature in
accordance with C.R.S 24-71.3-101 et seq.
Signed by the parties on the date written above.
faec ; oi'6 Form Revised 2/26/2010
ATTEST: _
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
6�'
TTEST
City Clerk
APPRO AS TO FORM:
Assi S ant ity Attorney
City of Loveland, Colorado
By:
Title:
City of Fort Collins, Colorado
By:
Title:
Page 6 of 6
Form Revised 2126/20 10
Co n t t,*.tc I or
%
--V IT OF
ss.
01, "I\ev
I he Dore' tut(, HIMIIIIIIL'Ilt wzis acknowleclued be titre me this day of' nv\
'0 10 hv
on behalf ol'ilic cone -ilctol.)
N'Jim,"slofficial S'
JOANNA PA,
STONE
44� c
u
MY COM.MWION EXPIRES
February 6, 2011
Commission expiration (Ille
Pa,—, e 7 o [0
Form Revised 2/26/20 1 o
EXHIBIT A —SERVICES
See attached 3-payoe proposal from Rocket ,Tones Interactive dated March 24. 2010.
EXHIBIT A
-FZoc.".� o
Tj/ IN JEAA G 71VE
www.foitloveair.com - Web Site with CMS - v3 (3/24/10)
Graphic Design for Base Site Template: $1,100
Graphic design to be provided by long time Rocket Jones partner, Blue Dot Creative
(www.blued otcreative.com).
Additional Graphic Design Elements: $300
Budget to create additional design elements throughout the site (such as buttons, icons,
maps, and mini -banners).
Art Slice and Base Rocket Pages CMS Install (single template): $1,850
Proposed site to be fully content managed with Rocket Pages CMS (Content
Management System). System to allow site owner to manage pages and content for the
site. Includes art slice and full CSS layout for one (1) primary template. Includes all
navigation and site structure. Does not include "advanced" navigation features.
WordPress Blog - Installation and Basic Template Skin: $500
Includes installation of latest stable release of WordPress and basic template skinning.
Simple Web -to -Email Contact Us Form Widget: $100
Web -to -Email Contact Us form. Includes predefined list of standard field options (First/
Last Name, Email, Phone, Address 1, Address 2, City State, Zip, and Comments).
Includes server -side form validation. Form contents to be emailed to up to five email
addresses.
Embedded Google Map: $150
Embed a clickable,Google Map on the Contact page of the web site.
Google Site Search (full site text search): $400
Interface with Google Site Search to provide full site text search in the site template.
Google service fee of $1.00/year is additional.
I2i�Cket �QI'1�� !I1ik'rali;ill'e'
info@rockeOones.com 10110:.,:v111
R) Box 't"?! " Fart C lli;ir,. CO \io;_).
Embed Weather Plugin on Home Page: $50
Embed Weather Channel plugin can the home page of. the �veb site.
Custom Button and Link Out to Pilot Weather: $0
Set -Up a One Page Survey with Survey Service: $400
Includes setting -up a Survey Service account, setting -up one single -page survey, and 30
minutes of training on the tool (future surveys may be done by your staff if desired).
Third party Survey Service charges not included.
Copywriting: $450 (six hours @ $75/hour)
Copywriting to be provided by Karla Oceanak. Karla's tune can be used to write
original copy and/or review and provide feedback on existing content.
Total: 85,300
Auto Load iUOTANIS from FAA: TBD
VVe are currently looking into options on this.
Data Entry / Load Site Pages: $35/page
Includes loading page content into the Rocket Pages CMS. Navigation outline, text/
copy and images to be provided by Fort Collins Loveland ,Airport staff (navigation
outline is already nearly complete).
Rocket Pages Service Subscription (required for use of Rocket Pages): $49/month
Includes Rocket Pages, training, ongoing support, and entail (up to 10 accounts). Please
11ote tbatgeneral FTP access is riot graiited to the cliea for Rocket Pages subscriptioiiprojects.
flou7ever, special directorly access can be gra)ited on re:lttest.
Page 2
Project Notes:
* No other functionality (other than listed) is implied. Additional functionality to be
bid upon request.
* Rocket Pages projects include one domain name if needed (additional domains may
be secured and managed for $25/year per domain).
* All site content (text and graphics) to be delivered to Rocket Jones ill digital formats.
* Data entry and content loading not included (unless otherwise specified).
* Bid valid for 60 days.
* Project timeline to be deterinined and agreed upon betiween Rocket, the client, and
the designer.
* Hosting server set-up, configuration, and. troubleshooting included when project is
hosted with Rocket Jones.
* Payment Terms: 25` , down to start, 50',70 at delivery of working system, and 25 o at
project completion (before site goes live).
Special Note on IE6 Compatibility:
trtlerrret Explorer 6 (IEO is rtozv eight- years old (happy birtbdai/, old nzau). Startilig �in 2010,
Rocket 'Joiies will no longer be offering IE6 as a defimlt brou)ser cotttpatibiliti/ vtt projects. Clio>tz.t.<,
zvho desire flit! compatibility with IE6 oil their sites will still be taken care of zvitli the mine
Pocket Jortes professional support and care but there u.,,ill be an additional charge for this service.
Note that zve do gtcararttee that all sites will still function properly in IE6 (users a0l still be able
to ii avigate and use the site) but tltat, aesthetically, it will rtot necessarily render/display as it
does in rrrodern brozu,sers. Fleck, a lot of zveb developers, don't even address the issue! :-)
Page 3
r,� X r), 01)
TIDETIDE10:041 Ah STATE 117k-1fl-1 DAN PRA,dHF�If�T FA1,10. 9702261809 r C,
CERTIFICATE OF INSURANCE
This certifies that ZZ STATE FARM FIRE AND CASUALTY CO ' %1PANY, Bloomington, Wincis
[j STATEIM FARGENERAL INSURAiNCE COiMPAINY, 61cornington: 111tricis
pollcyhc+der fc,7 the coverages indicated below:
Narne �clicyhclder jCr^�y ljjZe
of pokyholder 2 0 1 S t-- S t- e 2
Fort C o i i i n s , C Q -2 .0 5 2 4
Location Df oppraticns -See dbovc
CCs&ption of o oeraiions WIb
The policies listed below have been issued to the -policyholder for the pcl;cy periods shown. The insurance descril,ed in these policies is
suh;ecttn ill thi- f17.ff71C Pyrhmi—m :—q nnn.,iiiinnc oftk— T:— ., .
POLICY NUMBER
—
- K-7- 6 -1-12 - 0
TYPE OF INSURANCE POLICY PERIOD
i Effective Date Expiration Date
--comprehensive
— i5ompr,7hensive I
Business Liability I C-6-26-09 06-26-10
LIMITS OF LIABILITY
(at beginningof policy period)
BODILY INJURY AND96
I PROPERTY DAMAGw-
This insurance includes: Products - Completed Operations
Contractual Liability
Underground Hazard Coverage
Personal Injury
Each Occurs nco $1,000,000
Advertising
Advej4i5',,jq ir,.;U.,y
General Aggregate S2,000,000
Explo'.;icn e
Collapse Hazard Coverage
Genera; Aggregate Limit app!ies to each project
FroducI3 - Completed
Operations Aggregate S 2 , 00
EXCESS -LIABILITY
Umbreila
Other
POLICY PERIOD
Effective Date., Expiration Date
I
BODILY INJURY AND PROPERTY D i:L GE
(Combined Single Limit)
Each Occurrence S
Aggregate $
7-10-09 7-1C-10
Part I STATUTORY
Part 2 BODILY INJURY
'i'Vorkers' Compensation
and Employers Liability
Each Accident $ 100 000
Disease Each Employee S 10000-0
I
Disease - Policy Limit $ 500 Coo
POLICY NUMBER
TYPE OF INSURANCE
POLICY PERIOD
Effective Date Expiration Date
LIMITS OF LIABILITY
at be Inning of pollcy period)
ii any 01 the --escricacl I)VICHIS l`e; canceled before its
expiration date, State Farm will try to mail a v.,fiften notice to
ti-to certificate holder 3 0 days before cancellaticn. If.
however, we fail to mail such notice, no obligation or liabi"ify
will be imposed on State Farm or its agents o , r
representatives.
iName and Acdlfpss of Certificate Holder
C i L %, 0 f F 0 r L.cJ11 i la S
Ci-y of* Lj-velan,;
a
CC) 80528
5-49-3-14 a 2.CO r11-'.!6d in Lj,,--.A,
U
TO kirw"'z
-'Ty. Ativney
T %0�
EST: ,
City of Fort Collins, Colorado
By
Contractor
By:
Title: >A '13ra 5-ryk- , Q (Lt Nit PA'L—
STATE OF
ss.
COUNTY OF��� )
The foregoing instrument was acknowledged before me this day of ,
2010 by
(Insert name of individual signing on behalf of the Contractor)
SPRY PVe` L::]�ot�ary's�ffficialnature
S°t
JOANNA
M.
STONE �'G�• JD�
Nam'•. Commission expiration date
9 of
MY COMMISSION EXPIRES:
February 6, 2011
Page 2 of 2
Form Revised 2/26/2010
RISK-�T'l r';
www.fortIoN,eair.com - additional scope of work - vi (3/13/10)
Logo Update - design and layout. $685
Creative and pre -press production for update-, and design modifications to current logo
and type -treatment This project includes:
• Creation of no less than FOUR initial design variations
• Logo Design shown in various vertical and horizontal formats in (two-color)
• Revision of chosen updated -concept to render one final Logo Design
• Final logo mark and type -treatment saved in color, black and white, and various file
formats for print and web
Allow for FOUR rounds of revisions and edits to chosen design concept to produce
ONE final logo -and -type -treatment.
Z)
Graphics Style Guide design and layout 42 to 4 pages): $995
Design and development includes establishing usage guidelines for the newly updated
logo and type -treatment. Guideline includes but is not limited to listing usage of logo
color, size, re -sizing, placement, negative space, acceptable "faces for taglines,
headlines.
The manual will also show suggested logo placement within wireframe diagrams of a
folded. brochure., postcard, advertisement, email template.
Website Image Library creation: S330
This project includes cropping, sizing and optimizing images to be placed within the
0 Z)
website, utilizing the content managed system (Rocket Pages), This exercise allows for
up to 20 images saved in two formats each (portrait and landscape).
Original images to be provided by client. Final edited images provided in ipg format.
infinftock onesxoni
0,;
Page 3 of 2 Form Revised 2/26/20 10
Project Notes:
* No other functionality (other than listed) is implied. Additional functionality to be
bid upon request.
* Rocket Pages projects include one domain name if needed (additional domains may
be secured and managed for $,25/year per domain).
* All site content (text and graphics) to be delivered to Rocket Jones in digital formats.
* Data entry and content loading not included (unless otherwise specified).
* Bid valid for 60 days.
* Project timeline to be determined and agreed upon between Rocket, the client, and
the designer.
* Hosting server set-up, configuration, and troubleshooting included when project is
hosted with Rocket Jones.
* Payment Terms: 256/r, down to start, 50`,,o at delivery of working system, and 25%. at
project completion (before site goes live).
Special Note on IE6 Compatibility:
Starting in 2010, Rocket Jones will no longer be offering IE6 as a dejinilt browser compatibility
on projects. Clients who desire fill compatibility roith IE6 on their sites will still be taken care of
with the same Rocket Jones prc fessional support and care bait there will be an additional charge
for this service. Note that we do guarantee that all sites will still function properly in IE6 (users
will still be able to navigate and use the site) but that, aesthetically, it will not necessarily render/
display as it does in modern browsers.
Page 2
Page 4 of 2 Form Revised 2/26/2010
PURCHASE ORDER
Date: 04/19/10
Vendor: ROCKET JONES INTERACTIVE LLC
PO BOX 2091
FORT COLLINS, CO 60522
1
Vendor #:
9580
0000.00$
Date Needed:
03/31/11
CITY OF LOVELAND
PURCHASING DIVISION
Loveland, CO 80637
Phone (970) 962-2695
Fax (970) 962-2918
TDD# (970) 962-2620
PO Number
Page
100576
1
Ship To: CITY OF LOVELAND
FORT COLLINS-LOVELAND
AIRPORT
4900 EARHART RD
Freight: LOVELAND ,ARo $AP
018-5503-409.03-50
FOB: Responsible Party:
BRENDA ORNDORFF
CREATIVE AND DESIGN SERVICES FOR NEW
AIRPORT WEBSITE
1.0000 1 10000.00
SUB -TOTAL 10000.00
TOTAL 10000.00
REMARKS:
See agreement dated April 1, 2010 for jetail.
The dollar amount stated on this purch se order
is a not to exceed amount and does not reflect
a guarantee or promise of funds expend d to
vendor on this agreement.
ITEM
#
DATE
RECEIVED
QUANTITY
RECEIVED
QUANTITY
DUE
PERSON
RECEIVING
CONTROL
#
FEDERAL TAX EXEMPT #A-138571
STATE TAX EXEMPT #98-03478
IMPORTANT - TO RECEIVE
PAYMENT ALL INVOICES AND
SHIPPING LABELS MUST
SHOW PURCHASE ORDER
NUMBER
PLEASE SEND INVOICE IN
DUPLICATE TO:
CITY OF LOVELAND
ACCOUNTS PAYABLE
500 EAST 3RD STREET
LOVELAND. CO 80537
THE RESPONSIBLE PARTY HAS CERTIFIED BY ITS REQUISITION THAT THIS PURCHASE IS
NECESSARY FOR THE PROPER OPERATION OF THE CITY OF LOVELAND AND THAT THE FUNDS
ARE APPROPRIATED IN THE CURRENT BUDGET.
PURCHASING COPY
PROCUREMENT CONTRACT ROUTING FORM J
All steps in this process are mandatory. Print completed routing form, attach to contracts and route as indicated below.
Initial and date each line as completed., Please allow at least one week for processing.
Contract Administrator: &bs2fi L ad Project Manager,
Project Name: Contractor's Name:1
Account #: fll�' ��� — 4/� — C': " 6y Project #: Who should should sign? (Circle one) City Manager or Dfinent Direc / Other (insert name)
Project Manager's Change Order Authority (if contract above 1,000,000):
Are State/Federal grant funds being used? C Yes o
Date item was approved by City Council or LUC, if applicable:
Budget Balance Available (Less) Contract Amount Remaining Balance
Initial I rate
Contract Administrator
f
Complete section above. Prepare two original contracts and send to contractor for
completion. Inform contractor that they should not date the contracts. Check vendor
list on the iSeries system. If contractor is not listed, send a W-9 form and letter to be
completed by contractor and returned with the completed contracts. Upon receipt of the
executed contracts, ensure completion (notarization, appropriate exhibits, certificate of
insurance attached to EACH original contract, etc.), and route as indicated below.
end originals with quote/bid/sole source documentation to the Purchasing Office.
Purchasing Offic
Lt
Verify accuracy of account and project numbers. Verify that adequate funds have been
appropriated. Verify that all purchasing policies have been followed and documented.
3 . _
Check Excluded Parties List System. (www.epls.gov)
3 f- l e
Add contract to City Clerk's Routing Checklist. Send originals to Risk Management.
isk Management .ti
--( --JO erify accuracy of certificate of insura ce. Senerto City Attorney's Office.
Cit orne 's Office
I • Lb
pprove as to form. Send originals to the person noted above for signature.
City Manager's Office or Department Director / Other
Si n. Send originals to the City Clerk's Office.
City erk's Of i e
[Attest. Place one original in the vault; return one original to the Project Manager.
Contract Administrator ..
How are payments to be made. CIRCLE ONE PO FPO �P-CAR L-rt
Make necessary photocopies of contract.
One if paid with FPO or P-Card. Two if to be paid with PO.
Return the original to the contractor.
Place one photocopy in the Department's project file.
If PO is requested, send the second photocopy to the Purchasing Office, If paid with FPO
or PCard, keep Routing Form and a Is in project file.
Purchasing Office
Produce a purchase order. Place a photocopy of the contract in the project file.
If Federal/State grant funds are being used, provide copies of the purchase order and
contract to Accounting.
If you have any questions, please contact the Purchasing Office at 962-2696. Thank you.
Revised 01106/1,
SERVICES CONTRACT
This Contract is entered into this I day of `n] , 2010 by and
between the City of Loveland, Colorado and City of Fort Collins, Colorado (Loveland and
Fort Collins collectively referred to as "City") and Rocket Jones Interactive ("Contractor"),
Whereas, the parties desire to contract with one another to complete the following
project: Creative and design services to produce a new airport web site.
Now, therefore, in consideration of the mutual covenants and agreements contained
herein, the parties agree as follows:
1. Services. The Contractor shall perform the services set forth in Exhibit A,
attached hereto and incorporated herein by reference ("Services"). The Contractor
represents that it has the authority, capacity; experience, and expertise to perform the
Services in compliance with the provisions of this Contract and all applicable laws. The
City reserves the right to remove any of the Services from Exhibit A upon written notice
to Contractor. In the event of any conflict between this Contract and Exhibit A; the
provisions of this Contract shall prevail.
2. Price. Tile City shall pay the Contractor a sum not to exceed $10,000. The City
shall make payment within thirty days of receipt and approval of monthly invoices, which
shall identify the specific Services performed for which payment is requested.
3. Inm. This Contract shall be effective from April 1, 2010 through March 31,
2011. This Contract may be extended or renewed by written agreement of the patties.
4. Appropriation. To the extent this Contract constitutes a multiple fiscal year debt
or financial obligation of the City, it shall be subject to annual appropriation pursuant to
the City of Loveland Municipal Charter Section 11-6 and Article X. .Section 20 of the
Colorado Constitution. The City shall have no obligation to continue this Contract in any
Fiscal year in which no such appropriation is made.
5. Independent Contractor. The parties agree that the Contractor is an independent
contractor and is not an employee of the City. The Contractor is not entitled to
workers' compensation benefits from the Cihy and is obligated to pay federal and
state income tax on any money earned pursuant to this Contract.
6. Insurance Requirements.
a. Policies. The Contractor and its subcontractors, if any, shall procure and
keep in force during the duration of this Contract the following insurance policies and
shall provide the Cite with a certificate of insurance evidencing; upon execution of this
Contract:
(1) Comprehensive general liability insurance insuring the Contractor
and naming the City as an additional insured with minimum combined single
Page I of 6 Form Revised 2/26/2010
lilnlits of S,1:000,000 each OCCUrrence and S1,0007000 aggregate. I -lie policy shall
be applicable to all premises and operations. "The policy shall include coverage for
bodily injure. broad form property damage (including completed operations),
personal injul-y (111CILIClill1l coverage for contractual and employee acts), blanket
contractual, independent contractors, products, and completed operations. 'file
policy shall contain a severability of interests provision.
(ii) Comprehensive automobile liability insurance inswing the
Contractor and naming the City as an additional insured against any liability for
personal injury, bodily ilIjury, or death arising out Of" the use of motor vehicles and
covering operations on or off the site of all motor vehicles controlled by the
Contractor which are used in connection with this Contract, whether the motor
vehicles are owned. noriowned, or hired. with a combined single limit of at least
$1.000.000.
(iii) Professional liability insurance insw'll'! the Contractor against any
professional liability with a limit Of at least $1,000,000 per claim and annual
aggrcgrltc. (`�\rote: this l,ralicv slxrll only bc� required ifthe Contractor is 'in
architect, engineer; sw veyor, opp)-oiser piti'vsiciair, attorney, ciccounioni, or other
licensed prolessionol.) _
(iv) Workers' compensation insurance and all other insurance required
by any applicable law. (Note: it tinder Colorado lcm) the Contractor is not
requh•ed to eurraV workers' compensariorr insin-anee, the Contractor shall execute
ci Certificate of Exemption and [Moivev owiched hereto cis Exhibit B and
incorj)orwed herein by relerenc'ej
h. Requirements. Required_ insurance policies shall be with companies
quali ied to do business in Colorado with a general policyholder's financial rating
acceptable to the City. Said policies shall not be cancelable or subject to reduction in
coverage limits or other modification except after thirty days prior written notice to the
City. The Contractor shall .Identify whether the type of coverage is "occurrence" or
"claims made." 1f' the type of coverage is "claims made," which at renewal the
Contractor changes to "occurrence." the Contractor shall carry it six-month tail.
Comprehensive general and automobile policies shall be for the mutual and joint benefit
and protection of the Contractor alld the City. SLIC11 policies shall provide that the City.
althoLlgh named as all additional 111sL11•ed, shall 1level'111eIeSS be entitled to I'eCOyel' lllldGi'
said policies for any loss occasioned to it, its officers, employees, and agents by reason of'
negligence of the Contractor. its officers. employees. agents, subcontractors, or business
invitees. SLlch policies shall be written as primary policies not contributing to and not ill
excess of coverage the City may carry.
7. Indemnification. 'file Contractor agrees to indemnify and hold harmless the City,
its officers, employees, and agents From and against all liability, claims. and demands on
account of ally injury. Loss, or Clatllayle arising out of or c.o111lected with the Sel•VICeS, if such
injury, loss. or danla<_e. or am,, portion thereof, is caused by, or claimed to be caused by. the
act. omission, or other fault of the Contractor or any subcontractor of the Contractor. or
Pa e 2of6 Form Revised 2/26/20 10
any officer. employee, or agent of the Contractor or any subcontractor, or any other person
for whom the Contractor is responsible. The Contractor shall investigate, handle, respond
to, and defend against any such llablllty, claims. and demands. and shall bear all other costs
and expenses related thereto. including court costs and attorneys' fees. The Contractor's
indemnification obligation shall not be construed to extend to any injury. loss, or damage
to the extent caused by the act. omission, or other fault of tie City. This paragraph shall
survive the termination or expiration this Contract.
8. Governmental Immunity Act. No term or condition of this Contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections, or other provisions of the Colorado Governmental Immunity Act:
C.R.S. S§ 24-10-101 el seq.
9. Compliance with Applicable Laws.
a. GCIIQ &i . The Contractor shall comply with all applicable federal, state,
hind local layVS. including the ordinances. resolutions; rules, and regulations of the City. The
Contractor shall solely be responsible for payment of all applicable taxes and for obtaining
and keeping in force all applicable permits and approvals.
b. - C.R.S. § 8-17.5-101. The Contractor hereby certifies that, as of the (late of
this Contract; it does not knowingly employ or contract with an illegal alien who will
perform work undcr this Contract and that the Contractor will participate in the e-verify
prograrrl or Colorado Department of Labor and Employment ("Department") program as
defined in C.R.S. 4 8-17.5-101 in order to confirm the employment eligibility of all
employees who are newly hired for employment to perform work under this Contract.
The Contractor shall riot knowingly employ or contract with an illegal alien to perl'orm
works under this Contract or enter into a contract with a subcontractor that fails to certify
to the Contractor that the subcontractor shall not knowingly employ or contract with an
illegal alien to perl:orm work under this Contract. The Contractor certifies that it has
confirmed the employment eligibility of all employees who are newly hired for
employment to perform work under this Contract through participation in either the e-
verify program or the department program. 1'lie Contractor is prohibited from using
either the e-verify program or the department program procedures to undertake pre-
employment screening of job applicants while this Contract is being performed. If the
Contractor obtains actual knowledge that a subcontractor perfrorming work under this
Contract knowingly employs or contracts with all illegal alien. the. Contractor shall be
required to: (i) notii'y the subcontractor and City within three days that Contractor has
actual knowledge that the subcontractor is employing or contracting with an illegal alien;
and (ii) terminate the subcontract with the subcontractor if within three clays of receiving
the notice required pursuant to this subparagraph the subcontractor does not stop
employing or contracting with the illegal alien; except that Contractor shall not terminate
the contract with the subcontractor if clurina such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted
vo ith all illegal alien. The Contractor shall comply with any reasonable request by the
Department mode in the course of an investigation that it is undertaking pursuant to the
authority- established in C.R.S. Article 17.5. lithe Contractor Violates this paragraph, the
Pa,e 3 ot'6 Form Revised 2/26/2010