HomeMy WebLinkAbout482588 ECO-CYCLE INC - CONTRACT - RFP - 7160 RECYCLING OUTREACH PROGRAMPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and Eco-Cycle, Inc., hereinafter referred to as 'Professional".
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 Professional 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. The Work Schedule. The services to be performed pursuant to this Agreement shall
be performed in accordance with the Project Timeline contained within Exhibit "A", consisting of
four (4) pages, and incorporated herein by this reference.
3. Contract Period. The services to be performed pursuant to this Agreement shall be
initiated within five (5) days following execution of this Agreement. Services shall be completed no
later than December 31, 2011. Time is of the essence. Any extensions of the time limit set forth
above must be agreed upon in writing by the parties hereto.
4. Early Termination by City. 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 Professional. 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 notices provided under this Agreement shall be effective when mailed, postage prepaid and sent
to the following addresses:
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non-CW businesses. Conduct a focus group to better understand barriers of waste
diversion for the commercial sector, both CW and non CW. Findings to be
incorporated into tool kit and outreach materials as described in deliverable 1 and
2. Highlight waste co-ops, challenges, and other actionable ideas..
Project Timeline:
Produce and deliver 15 min., Hard-
10.19.10
(CMP)
to -Recycle PPT and conduct
presentation to BEPS
11.15.10
Submit "Starve your Trash" materials
CMP
to Cathy
11.19.10
Review "Starve your Trash" materials
CMP
11.15.10
Submit Climate Wise decals to Cathy
CMP
12.3.10
Analyze incorporation of "stripes"
(CMP)
recognition to current Climate Wise
program.
12.6.10
Submit all existing and current waste
diversion materials, including
"Recycle This" and all signage to
Cathy
12.15.10
Staff creates specific goals or
desired outcomes for Focus Group
and submits to Cathy to develop
discussion guide
12.16.10
Recruit Focus Group participants
(Climate Wise partners and
unaffiliated businesses
12.20.10
Develop two (2) PowerPoint
presentations on Source
Red uction/MSW/recycled/composting
for 1) New or Potential CW partners
and 2) Current CW Partners seeking
a holistic approach to waste
reduction. Each PPT will be
approximately 5 minutes.
1.7.11
Create and submit Focus Group
Discussion Guide based on staff
oats
1.13.11
Conduct Focus Group with Climate
Wise partners and unaffiliated
businesses
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1.20.11 Create a toolkit of outreach materials
on advanced resource conservation
(waste
reduction/diversion/recycling/green
purchasing) to be made available to
commercial entities at no charge by
the City
1,20.11 I Provide first "train the trainer" for City
and Climate Wise program staff team
1.21.11 Provide second on -site "train the
trainer" teaching for City and Climate
Wise program staff team
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EXHIBIT "B"
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this
Agreement (the "Agreement"), the Contractor hereby acknowledges that it has been informed that
the City has established policies and procedures with regard to the handling of confidential
information and other sensitive materials.
In consideration Qf access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as "information") that are the property of and/or relate
to the City or its employees, customers or suppliers, which access is related to the performance of
services that the Contractor has agreed to perform, the Contractor hereby acknowledges and
agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Contractor agrees
to treat as confidential (a) all information that is owned by the City, or that relates to the business of
the City , or that is used by the City in carrying on business, and (b) all information that is
proprietary to a third party (including but not limited to customers and suppliers of the City) . The
Contractor shall not disclose any such information to any person not having a legitimate need -to -
know for purposes authorized by the City. Further, the Contractor shall not use such information to
obtain any economic or other benefit for itself, or any third party, except as specifically authorized
by the City.
The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes generally
known to the public by publication or some means other than a breach of duty of this Agreement, or
(b) is required by law, regulation or court order to be disclosed, provided that the request for such
disclosure is proper and the disclosure does not exceed that which is required. In the event of any
disclosure under (b) above, the Contractor shall furnish a copy of this Agreement to anyone to
whom it is required to make such disclosure and shall promptly advise the City in writing of each
such disclosure. �-_
In the event that the Contractor ceases to perform services for the City, or the City so requests for
any reason, the Contractor shall promptly return to the City any and all information described
hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced)
thereof, in its possession or control or as to which it otherwise has access.
The Contractor understands and agrees that the City's remedies at law for a breach of the
Contractor's obligations under this Confidentiality Agreement may be inadequate and that the City
shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
EXHIBIT "C"
PROCUREMENT PROVISIONS
PROCUREMENT PROVISIONS
This contract is funded by the "American Recovery and Reinvestment Act of 2009"
(ARRA) and the Energy Efficiency and Conservation Block Grant Program - Formula Grants
(EECBG). In compliance with ARRA and EECBG requirements, contractors and subcontractor
must adhere to the following provisions:
ARRA TITLE XV-ACCOUNTABILITY AND TRANSPARENCY
WAGE RATE REQUIREMENTS
SEC. 1606. Notwithstanding any other provision of law and in a manner consistent with
other provisions in this Act, all laborers and mechanics employed by contractors and
subcontractors on projects funded directly by or assisted in whole or in part by and through the
Federal Government pursuant to this Act shall be paid wages at rates not less than those
prevailing on projects of a character similar in the locality as determined by the Secretary of
Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With
respect to the labor standards specified in this section, the Secretary of Labor shall have the
authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5
U.S.C. App.) and section 3145 of title 40, United States Code.
EMPLOY AMERICAN WORKERS ACT
SEC. 1611. HIRING AMERICAN WORKERS IN COMPANIES RECEIVING TARP FUNDING.
PROHIBITION:
(1) IN GENERAL - Notwithstanding any other provision of law, it shall be unlawful for
any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008
(Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire
any nonimmigrant described in section 101 (a)(1 5)(h)(i)(b) of the Immigration and Nationality Act
(8 U.S.C. 1101 (a)(1 5)(h)(i)(b)) unless the recipient is in compliance with the requirements for an
H-1 B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))),
except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM. -In this subsection, the term "hire" means to permit a new
employee to commence a period of employment.
SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT PROGRAM - FORMULA GRANTS
TABLE OF CONTENTS
1. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS
2. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION
3. LOBBYING RESTRICTIONS
NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE
PRODUCTS -- SENSE OF CONGRESS
5. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP
6. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009)
ATTACHMENT 1 - INTELLECTUAL PROPERTY PROVISIONS
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1. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS
You must obtain any required permits and comply with applicable federal, state, and
municipal laws, codes, and regulations for work performed under this award.
2. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION
a. The intellectual property provisions applicable to this award are provided as an
attachment to this award or are referenced on the Agreement Face Page. A list
of all intellectual property provisions may be found at
�tt�.:i��v`awsK:gc.d;;e.,�^k�finar�.�ial =:.psi;=tance_�a�Rj:�r;�s.htrs3.
Questions regarding intellectual property matters should be referred to the DOE
Award Administrator and the Patent Counsel designated as the service provider
for the DOE office that issued the award. The IP Service Providers List is found
at
:lttl ..ivf`�u`�t.gc.d e.go r;'docun�ents;:me:iecl�€almPr+-jpeily,�('1P)� er ice_Providers
for' AcquisitioMrdf
LOBBYING RESTRICTIONS
By accepting funds under this award, you agree that none of the funds obligated on the
award shall be expended, directly or indirectly, to influence congressional action on any
legislation or appropriation matters pending before Congress, other than to communicate
to Members of Congress as described in 18 U.S.C. 1913. This restriction is inaddition to
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those prescribed elsewhere in statute and regulation.
4. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS -- SENSE OF CONGRESS
It is the sense of the Congress that, to the greatest extent practicable, all equipment and
products purchased with funds made available under this award should be American -
made.
5. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP
You shall immediately notify the DOE of the occurrence of any of the following
events: (i) you or your parent's filing of a voluntary case seeking liquidation or
reorganization under the Bankruptcy Act; (ii) your consent to the institution of an
involuntary case under the Bankruptcy Act against you or your parent; (iii) the
filing of any similar proceeding for or against you or your parent, or its consent to,
the dissolution, winding -up or readjustment of your debts, appointment of a
receiver, conservator, trustee, or other officer with similar powers over you, under
any other applicable state or federal law; or (iv) your insolvency due to your
inability to pay your debts generally as they become due.
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b. Such notification shall be in writing and shall: (i) specifically set out the details of
the occurrence of an event referenced in paragraph a; (ii) provide the facts
surrounding that event; and (iii) provide the impact such event will have on the
project being funded by this award.
c. Upon the occurrence of any of the four events described in the first paragraph,
DOE reserves the right to conduct a review of your award to determine your
corlftpliance with the required elements of the award (including such items as cost
share, progress towards technical project objectives, and submission of required
reports). If the DOE review determines that there are significant deficiencies or
concerns with your performance under the award, DOE reserves the right to
impose additional requirements, as needed, including (i) change your payment
method; or (ii) institute payment controls.
d. Failure of the Recipient to comply with this provision may be considered a
material noncompliance of this financial assistance award by the Contracting
Officer.
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6. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009)
Preamble
The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act)
was enacted to preserve and create jobs and promote economic recovery, assist those
most impacted by the recession, provide investments needed to increase economic
efficiency by spurring technological advances in science and health, invest in
transportation, environmental protection, and other infrastructure that will provide long-
term economic benefits, stabilize State and local government budgets, in order to
minimize and avoid reductions in essential services and counterproductive State and
local tax increases. Recipients shall use grant funds in a manner that maximizes job
creation and economic benefit.
The Recipient shall comply with all terms and conditions in the Recovery Act relating
generally to governance, accountability, transparency, data collection and resources as
specified in Act itself and as discussed below.
Recipients should begin planning activities for their first tier subrecipients, including
obtaining a DUNS number (or updating the existing DUNS record), and registering with
the Central Contractor Registration (CCR).
Be advised that Recovery Act funds can be used in conjunction with other funding as
necessary to complete projects, but tracking and reporting must be separate to meet the
reporting requirements of the Recovery Act and related guidance. For projects funded by
sources other than the Recovery Act, Contractors must keep separate records for
Recovery Act funds and to ensure those records comply with the requirements of the
Act.
The Government has not fully developed the implementing instructions of the Recovery
Act, particularly concerning specific procedural requirements for the new reporting
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requirements. The Recipient will be provided these details as they become available.
The Recipient must comply with all requirements of the Act. If the recipient believes
there is any inconsistency between ARRA requirements and cur"rent award terms and
conditions, the issues will be referred to the Contracting Officer for reconciliation.
Definitions
For purposes of this clause, Covered Funds means funds expended or obligated from
appropriations under the American Recovery and Reinvestment Act of 2009, Pub. L.
111-5. Covered Funds will have special accounting codes and will be identified as
Recovery Act funds in the grant, cooperative agreement or TIA and/or modification using
Recovery Act funds. Covered Funds must be reimbursed by September 30, 2015.
Non -Federal employer means any employer with respect to covered funds — the
contractor, subcontractor, grantee, or recipient, as the case may be, if the contractor,
subcontractor, grantee, or recipient is an employer; and any professional membership
organization, certification of other professional body, any agent or licensee of the
Federal government, or any person acting directly or indirectly in the interest of an
employer receiving covered funds; or with respect to covered funds received by a State
or local government, the State or local government receiving the funds and any
contractor or subcontractor receiving the funds and any contractor or subcontractor of
the State or local government; and does not mean any department, agency, or other
entity of the federal government.
Recipient means any entity that receives Recovery Act funds directly from the Federal
government (including Recovery Act funds received through grant, loan, or contract)
other than an individual and includes a State that receives Recovery Act Funds.
Special Provisions
A. Flow Down Requirement
Recipients must include these special terms and conditions in any subaward.
B. Searegation of Costs
Recipients must segregate the obligations and expenditures related to funding under the
Recovery Act. Financial and accounting systems should be revised as necessary to
segregate, track and maintain these funds apart and separate from other revenue
streams. No part of the funds.from the Recovery Act shall be commingled with any other
funds or used for a purpose other than that of making payments for costs allowable for
Recovery Act projects.
Prohibition on Use of Funds
None of the funds provided under this agreement derived from the American Recovery
and Reinvestment Act of 2009, Pub. L. 111-5, may be used by any State or local
government, or any private entity, for any casino or other gambling establishment,
aquarium, zoo, golf course, or swimming pool.
C. Access to Records
With respect to each financial assistance agreement awarded utilizing at least -some of
the funds appropriated or otherwise made available by the American Recovery and
Reinvestment Act of 2009, Pub. L. 111-5, any representative of an appropriate inspector
general appointed under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C.
App.) or of the Comptroller General is authorized —
(1) to examine any records of the contractor or grantee, any of its subcontractors or
subgrantees, or any State or local agency administering such contract that pertain to,
and involve transactions relation to, the subcontract, subcontract, grant, or subgrant.,
and
(2) to interview any officer or employee of the contractor, grantee, subgrantee, or
agency regarding such transactions.
D. Publication
An application may contain technical data and other data, including trade secrets and/or
privileged or confidential information, which the applicant does not want disclosed to the
public or used by the Government for any purpose other than the application. To protect
such data, the applicant should specifically identify each page including each line or
paragraph thereof containing the data to be protected and mark the cover sheet of the
application with the following Notice as well as referring to the Notice on each page to
which the Notice applies:
Notice of Restriction on Disclosure and Use of Data
The data contained in pages ---- of this application have been submitted in confidence
and contain trade secrets or proprietary information, and such data shall be used or
disclosed only for evaluation purposes, provided that if this applicant receives an award
as a result of or in connection with the submission of this application, DOE shall have
the right to use or disclose the data here to the extent provided in the award. This
restriction does not limit the Government's right to use or disclose data obtained without
restriction from any source, including the applicant.
Information about this agreement will be published on the Internet and linked to the
website www.recovery.gov , maintained by the Accountability and Transparency Board.
The Board may exclude posting contractual or other information on the website on a
case -by -case basis when necessary to protect national security or to protect information
that is not subject to disclosure under sections 552 and 552a of title 5, United States
Code.
E. Protecting State and Local Government and Contractor Whistleblowers
The requirements of Section 1553 of the Act are summarized below. They include, but
are not limited to:
Prohibition on Reprisals: An employee of any non -Federal employer receiving covered
funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may
not be discharged, demoted, or otherwise discriminated against as a reprisal for
disclosing, including a disclosure made in the ordinary course of an employee's duties,
to the Accountability and Transparency Board, an inspector general, the Comptroller
General, a member of Congress, a State or Federal regulatory or law enforcement
agency, a person with supervisory authority over the employee (or other person working
for the employer who has the authority to investigate, discover or terminate misconduct,
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a court or grant jury, the head of a Federal agency, or their representatives information
that the employee believes is evidence of:
• gross management of an agency contract or grant relating to covered funds;
• a gross waste of covered funds.
a substantial and specific danger to public health or safety related to the
implementation or use of covered funds; 1
• an abuse of authority related to the implementation or use of covered funds; or
• as violation of law, rule, or regulation related to an agency contract (including the
competition for or negotiation of a contract) or grant, awarded or issued relating
to covered funds.
Agency Action: Not later than 30 days after receiving an inspector general report of an
alleged reprisal, the head of the agency shall determine whether there is sufficient basis
to conclude that the non -Federal employer has subjected the employee to a prohibited
reprisal. The agency shall either issue an order denying relief in whole or in part or shall
take one or more of the following actions:
• Order the employer to take affirmative action to abate the reprisal.
• Order the employer to reinstate the person to the position that the person held
before the reprisal, together with compensation including back pay,
compensatory damages, employment benefits, and other terms and conditions of
employment that would apply to the person in that position if the reprisal had not
been taken.
• Order the employer to pay the employee an amount equal to the aggregate
amount of all costs and expenses (including attorneys' fees and expert
witnesses' fees) that were reasonably incurred by the employee for or in
connection with, bringing the complaint regarding the reprisal, as determined by
the head of a court of competent jurisdiction.
None nforceablity of Certain Provisions Waiving Rights and remedies or Requiring
Arbitration: Except as provided in a collective bargaining agreement, the rights and
remedies provided to aggrieved employees by this section may not be waived by any
agreement, policy, form, or condition of employment, including any predispute arbitration
agreement. No predispute arbitration agreement shall be valid or enforceable if it
requires arbitration of a dispute arising out of this section.
Requirement to Post Notice of Rights and Remedies: Any employer receiving covered
funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall
post notice of the rights and remedies as required therein. (Refer to section 1553 of the
American Recovery and Reinvestment Act of 2009, Pub. L. 1,11-5, www.Recovery.gov,
for specific requirements of this section and prescribed language for the notices.).
F. Request for Reimbursement
Reserved
G. , False Claims Act
Recipient and sub -recipients shall promptly refer to the DOE or other appropriate
Inspector General any credible evidence that a principal, employee, agent, contractor,
sub -grantee, subcontractor or other person has submitted a false claim under the False
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Professional: City: With Copy to:
Eco-Cycle, Inc. City of Fort Collins City of Fort Collins,
Attn: Marti Matsch, Attn: Kathy Collier, Senior Purchasing
Communications Director Environmental Planner, Climate Wise PO Box 580
PO Box 19006 PO Box 580 Fort Collins, CO 80522
Boulder. CO 80308 Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination, subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole
right and remedy for such termination.
5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the coordination
of all services rendered by the Professional, including but not limited to designs, plans, reports,
specifications,, and drawings and shall, without additional compensation, promptly remedy and
correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and
hold harmless the City, its officers and employees in accordance with Colorado law, from all
damages whatsoever claimed by third parties against the City; and for the City's costs and
reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent
performance of any of the services furnished under this Agreement. The Professional shall
maintain commercial general liability insurance in the amount of $500,000 combined single limits
and errors and omissions insurance in the amount of $NA.
6. Compensation. In consideration of the services to be performed pursuant to this
Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis
according to the following schedule:
Hourly billing rates: $75.00
Reimbursable direct costs: $50.00/hr for additional graphics support, if required.
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed Twelve Thousand dollars ($12,000.00). Monthly partial payments based upon the
Professional's billings and itemized statements of reimbursable direct costs are permissible. The
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Claims Act or has committed a criminal or civil violation of laws pertaining to fraud,
conflict or interest, bribery, gratuity or similar misconduct involving those funds.
H. Information in supporting of Recovery Act Reporting
Recipient may be required to submit backup documentation for expenditures of funds
under the Recovery Act including such items as timecards and invoices. Recipient shall
provide cotes of backup documentation at_the request of the Contracting Officer or
designee.
Availability of Funds
Funds appropriated under the Recovery Act and obligated to this award are available for
reimbursement of costs until September 30, 2015.
J. Additional Funding Distribution and Assurance of Appropriate Use of Funds
Applicable if award is to a State Government or an Agency
Certification by Governor -- Not later than April 3, 2009, for funds provided to any State
or agency thereof by the American Reinvestment and Recovery Act of 2009, Pub. L.
111-5, the Governor of the State shall certify that: 1) the state will request and use funds
provided by the Act; and 2) the funds will be used to create jobs and promote economic
growth.
Acceptance by State Legislature -- If funds provided to any State in any division of the
Act are not accepted for use by the Governor, then acceptance by the State legislature,
by means of the adoption of a concurrent resolution, shall be sufficient to provide
funding to such State.
Distribution = After adoption of a State legislature's concurrent resolution, funding to the
State will be for distribution to local governments, councils of government, public entities,
and public -private entities within the State either by formula or at the State's discretion.
K. Certifications
With respect to funds made available to State or local governments for infrastructure
investments under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-
5, the Governor, mayor, or other chief executive, as appropriate, certified by acceptance
of this award that the infrastructure investment has received the full review and vetting
required by law and that the chief executive accepts responsibility that the infrastructure
investment is an appropriate use of taxpayer dollars. Recipient shall provide an
additional certification that includes a description of the investment, the estimated total
cost, and the amount of covered funds to be used for posting on the Internet. A State or
local agency may not receive infrastructure investment funding from funds made
available by the Act unless this certification is made and posted.
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ATTACHMENT 1 — INTELLECTUAL PROPERTY PROVISIONS
Intellectual Property Provisions (NRD-1003)
Nonresearch and Development
Nonprofit organizations are subject to the intellectual property requirements at 10 CFR
600.136(a), (c) and (d). All other organizations are subject to the intellectual property
requirements at 10 CFR 600.136(a) and (c).
600.136 Intangible property.
(a) Recipients may copyright any work that is subject to copyright and was developed, or for
which ownership was purchased, under an award. DOE reserves a royalty -free,
nonexclusive and irrevocable right to reproduce, publish or otherwise use the work for
Federal purposes, and to authorize others to do so..
(b) DOE has the right to:
(1) Obtain, reproduce, publish or otherwise use the data first produced under an award; and
(2) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal
purposes.
(c) In addition, in response to a Freedom of Information act (FOIA) 'request for research
data relating to published research findings produced under an award that were used by the
Federal Government in developing an agency action that has the force and effect of law, the
DOE shall request, and the recipient shall provide, within a reasonable time, the research
data so that they can be made available to the public through the procedures established
under the FOIA. If the DOE obtains the research data solely in response to a FOIA request,
the agency may charge the requester a reasonable fee equaling the full incremental cost of
obtaining the research data. This fee should reflect the costs incurred by the agency, the
recipient, and applicable subrecipients. This fee is in addition to any fees the agency may
assess under the FOIA (5 U.S.C. 552(a)(4)(A)).
1047
amounts of all such partial payments shall be based upon the Professional's City -verified progress
in completing the services to be performed pursuant hereto and upon the City's approval of the
Professional's reimbursable direct costs. Final payment shall be made following acceptance of the
work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other
services rendered by the Professional shall become the sole property of the City.
7. City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to the City Representative.
8. Project Drawings. Upon conclusion of the project and before final payment, the
Professional shall provide the City with reproducible drawings of the project containing accurate
information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar
base material using a non -fading process to provide for long storage and high quality reproduction.
"CD" disc of the as -built drawings shall also be submitted to the City in an AutoCAD version no
older then the established city standard.
9. Monthly Report. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Scope of Services,
Work Schedule, and other material information. Failure to provide any required monthly report may,
at the option of the City, suspend the processing of any partial payment request.
10. Independent Contractor. The services to be performed by Professional are those of
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an independent contractor and not of an employee of the City of Fort Collins. The City shall not be
responsible for withholding any portion of Professional's compensation hereunder for the payment
of FICA, Workers', Compensation, other taxes or benefits or for any other purpose. ~
11. Personal Services. It is understood that the City enters into this Agreement based
on the special abilities of the Professional and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Professional shall neither assign any
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responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
12. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve the Professional of responsibility for the quality or technical accuracy of the work. 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.
13. 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.
14. 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.
15. 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
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.
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17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17, -101,
C.R.S., et. seq., Professional represents and agrees that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ ;or contract with an illegal alien
who will perform work under this Agreement; and
2. Professional will participate in either the e-Verify program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156,
108th Congress, as amended, administered by ti he United States Department of
Homeland Security (the "e-Verify Program") or the Department Program (the
"Department Program"), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S.'in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Professional shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform work
under this Agreement.
C. Professional is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Professional
shall:
1. Notify such subcontractor and the City within three days that Professional
has actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
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receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Professional
shall not terminate the contract with the subcontractor if during such three days
the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
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f. If Professional violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Professional shall be liable for actual and consequential
damages to the City arising out of Professional's violation of Subsection 8-17.5-102,
C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
18. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit_ "B" - Confidentiality, consisting of
one (1) page and Exhibit "C" — Procurement Provisions for ARRA and EECBG, consisting of
nine (9) pages, attached hereto and incorporated herein by this reference.
M.
EXHIBIT "A"
SCOPE OF WORK
I. General Description
The City of Fort Collins (City) is seeking proposals from qualified firms to develop a package of
education and outreach materials that the City will use for business outreach programs to assist
the commercial sector (businesses, retailers, industry, and offices, churches, schools, etc.) to
increase source reduction, waste diversion and recycling efforts.
Offices, workplaces and facilities are capable of diverting large quantities of material away from
the waste stream and into recycling, which will not only create cost savings and improved
efficiency, but also reduce emissions of greenhouse gases that contribute to climate change.
These types of voluntary measures allow the Fort Collins commercial sector to make significant
contributions to the community's goals to divert 50% of the waste stream from landfill disposal
by 2012, and reduce GHG emissions by 20% by 2020.
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We are lookingJor a firmm, to help us convey information to our business community about how to
newly engage in, or, increase, waste diversion/reduction activities in the workplace, including
innovative.,Arecycling-bptions for the commercial sector in our area. The City seeks a
combination of. how-to communications and motivational messages in a convenient, informative
and confidence -building toolkit for use by employers and employees.
The selected firm will draw upon a range of education skills, capabilities and experience. A high
priority is to produce outreach materials that are highly customized for Fort Collins' commercial
sector. Each element of the project (see Section II) must be unique for the Fort Collins area in
terms of:
• Specific resources / information about recycling opportunities in the immediate
geographic area of the City and/or region;
• In -time market pricing for recyclable materials that can, and do, affect demand for
commodities and contribute to decisions about preparation of materials; ,
• Accurate current descriptions of local facilities and vendors that offer recycling, re -use,
repurposing and composting services in Fort Collins;
• Coordinating with the City's highly successful Climate Wise business outreach program;
• Provision for updates/correction to be easily dropped into outreach material on a one-
year renewable schedule.
The selected firm will have working knowledge of equipment and processes available for use in
workplace settings to enhance recycling, as well as familiarity with industry best practices for
waste diversion/reduction. The firm should be capable of helping introduce new or emerging
waste reduction and diversion technologies and approaches for the commercial sector, as well
as being able to clearly communicate the regulatory parameters for businesses concerning
Universal Waste and hazardous materials disposal.
The consultant/contractor will have first-hand experience regarding the process of "sourcing"
both conventional recyclables and "hard -to -recycle" materials generated by commercial entities,
�•ft'
ATTEST: KCA
al EP
Corporate Secretary
THE CITY OF FORT COLLINS, COLORADO
By:
Jam s B. O'Neill II, CPPO, FNIGP
Direct r o urchasing & Risk Management
DATE: G
Eco-Cycl ,
By: j
Title.
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: `-Zo — / /
(Corporate Seal)
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such as:
- corrugated cardboard in large quantities
- secure documents (shredded paper)
- toner & printer cartridges
- special events if "zero waste" goals are set
- food waste
- construction and salvage materials
- shrink wrap
Il. Deliverables
Provide "train -the -trainer" teaching for City and Climate Wise program staff:
a. Up to five hours of classroom, tutored interaction for approximately 10
employees to teach them how to provide waste audits and advanced
support to the commercial sector.
b. Lead CW staff team on three on -site waste audits at the workplaces of
three Climate Wise partner volunteers (business locations will be recruited
by the City team) to demonstrate specialized auditing techniques for: retail
business; industrial; and office workplace.
c. Help with how to educate and engage businesses and employees.
2. Create a toolkit of outreach materials on advanced resource conservation (waste
reduction/diversion/recycling/green purchasing) to be made available to
commercial entities at no charge by the City
a. Consolidation of general campaign theme materials (City is able to provide
its own current "Recycle This" campaign material as an option) including
graphics, slogan, and=tag-lines, with instructions for how to effectively apply
them at workplaces.
b. Utilize and make recommendations for graphic updates to existing signage
and stickers, how-to flyers, brochures and website contents for commercial
entities and their employees to use. Analyze incorporation of "stripes"
recognition and associated window clings.
c. Review "Starve Your Trash" concept and instructional materials for how to
hold an effective waste reduction challenge among employees in the
workplace.
d. Produce simple -to -use toolkit for maintenance staff, champions in the
businesses and others to easily audit, track and divert waste/reduce use.
3. Produce a PowerPoint presentation on advanced resource conservation, waste
reduction/diversion/recycling/green purchasing and business co-op ideas in the
workplace for use by City staff in outreach to the business community of Fort
Collins
a. Complete two professional -quality presentations of —5 minutes each in
length for use by City staff to present to new businesses and champions
existing partners.
b. Review current obstacles with business community and make
suggestions on possible solutions.
4. Develop presentation and workshop with City staff assistance (can be similar to
other deliverables mentioned) for the City's Business Environmental Program
Series (BEPS) entitled, "Beyond the Bin —Advanced Resource Conservation," in
partnership with City staff. Incorporate focus groups of certain sectors and CW and
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