HomeMy WebLinkAbout436605 UNIVERSAL LIGHTGUIDE TECHNOLOGY DISTRIBUTIO - CONTRACT - RFP - 7213 FIBER OPTICS SPLICING AND RELATED SERVICESSERVICES 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 Universal Lightguide Technology Distribution,
Inc., hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is
agreed by and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in
accordance with any Work Orders for 7213 Fiber Optics Splicing, issued by the City. A
blank sample of a work order is attached hereto as Exhibit "A", consisting of one (1)
page 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 Work Schedule stated on each
Work Order.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated upon execution of this
Agreement. Time is of the essence. Any extensions of the time limit set forth above
must be agreed upon in a writing signed by the parties.
4. Contract Period. This Agreement shall commence April 25, 2011, and
shall continue in full force and effect until April 24, 2012, 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.
Exhibit "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
Universal Lightguide Technology Distribution, Inc.
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct)
Project Description:
Scope of Services:
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.
Professional
Date: 4Lo Zest
User Acceptance
The attached forms consisting of pages
are hereby accepted and incorporated herein, by
this reference, and Notice to Proceed is hereby
given.
City of Fort Collins
By:
Date:
By:
Director of Purchasing and Risk Management
(if over $60,000.00)
Date:
Exhibit "B"
COMPENSATION
Fiber optics splicing and related services
8. The Service Provider will supply current pricing for the following tasks:
a. Fusion splicing, single -mode fiber
Number of strands
Cost per strand
Comments
1-12
$36.00
Splicing costs reflect LT fiber splices. If fiber
13-24
$34.00
requires additional projection a fanout kit will be
25-36
$32.00
applied to the cable ends.
37-48
$30.00
49-72
$28.00
73-96
$26.00
97-144
$24.00
>144
$18.00
b. OTDR test single -mode fiber strands on reel (including the supplying of test documentation
on disc and hard copy in a format to be agreed upon)
Number of strands
Cost per strand
Comments
1-12
$10.00
13-24
$ 8.00
25-36
$ 7.00
37-48
$ 6.00
49-72
$ 5.00
73-96
$ 4.00
97-144
$ 3.00
>144
$ 2.00
c. Build SC connectors in the field
Number of connectors
Cost per connector
Comments
1-12
$40.00
Price includes connector & consumable items used;
13-24
$38.00
epoxy, lapping film, lens paper, etc.
25-36
$34.00
37-48
$32.00
d. Other typical cost items
Activity
Cost per
Comments
unit
Open/close a splice enclosure
$50.00
Non -encapsulated
Mobilization charge to Fort Collins
$150.00
location
Splice case/cable/splice tray prep
$150.00
Hot cable clid span entry @ 300.00/ 12F tube.
Metallic sheath bonds @ 40.00 ea.
Light source/power meter test on 2
$150.00
strands of installed SM fiber (Note:
2F (a) $7.00 ea
Mobilization charge would apply. Providing end
for this example, assume end points
Points are easy to access.
Total $164.00
are 5 miles apart)
Labor hours, 8 Am — 5 PM (for
$60.00/hr
activities not otherwise specified)
Labor hours, 5 PM — 8 AM (off
hours) (for activities not otherwise
$90.00/hr
specified)
Percentage added to materials cost
for ordering, handling, storage, and
200X
May depend on future S & H fuel surcharges; and/or
delivery to site
may apply
Exhibit "C"
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.
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:
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 "D"
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to
this Agreement (the "Agreement"), the Service Provider hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as "information") that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Service Provider has agreed to perform, the Service Provider
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 Service
Provider 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 Service Provider shall not disclose any such information to any
person not having a legitimate need -to -know for purposes authorized by the City. Further, the
Service Provider 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 Service Provider 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 Service Provider 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 Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider 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 Service Provider understands and agrees that the City's remedies at law for a breach of
the Service Provider'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 "E"
FEDERAL REQUIREMENTS
"American Recovery and Reinvestment Act of 2009"
Procurement Provisions:
This contract is funded by the "American Recovery and Reinvestment Act of 2009" (ARRA). In
compliance with the ARRA contractors and subcontractor must adhere to the following provisions:
ARRA TITLE XV—ACCOUNTABILITY AND TRANSPARENCY
BUY AMERICAN
SEC. 1605. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS.
(a) None of the funds appropriated or otherwise made available by this Act may be used for a project
for the construction, alteration, maintenance, or repair of a public building or public work unless all of
the iron, steel, and manufactured goods used in the project are produced in the United States.
(b) Subsection (a) shall not apply in any case or category of cases in which the head of the Federal
department or agency involved finds that— (1) applying subsection (a) would be inconsistent with the
public interest; (2) iron, steel, and the relevant manufactured goods are not produced in the United
States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of
iron, steel, and manufactured goods produced in the United States will increase the cost of the overall
project by more than 25 percent.
(c) If the head of a Federal department or agency determines that it is necessary to waive the
application of subsection (a) based on a finding under subsection (b), the head of the department or
agency shall publish in the Federal Register a detailed written justification as to why the provision is
being waived.
(d) This section shall be applied in manner consistent with United States obligations under international
agreements.
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.
ECONOMIC STABILIZATION CONTRACTING
SEC. 1611. HIRING AMERICAN WORKERS IN COMPANIES RECEIVING TARP FUNDING.
(a) SHORT TITLE. —This section may be cited as the "Employ American Workers Act".
(b) 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)(15)(h)(i)(b) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(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.
GENERAL CONSTRUCTION REQUIREMENTS
Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment
Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in
Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of
$10,000 by grantees and their contractors or subgrantees)
Compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of
Labor regulations (29 CFR Part 3). (All contracts and subgrants for construction or repair)
(5) Compliance with the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department
of Labor regulations (29 CFR Part 5). (Construction contracts in excess of $2000 awarded by grantees
and subgrantees when required by Federal grant program legislation)
Example: for Larimer County, Colorado
* ELEC0068-009 06/01/2010
Rates Fringes
ELECTRICIAN
(Including Low Voltage Wiring and Installation
of Communications Systems, Security Systems,
Telephones, and Temperature Controls) $ 31.60 $ 12.32
(6) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction
contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $2500 for other
contracts which involve the employment of mechanics or laborers)
Mon Apr 04 10:06:48 CDT 2011
CERTIFICATE OF INSURANCE
Name & Address To Whom Issued:
CITY OF FORT COLLINS
P 0 BOX 580
FORT COLLINS. CO 80522
SHELTER MUTUAL INSURANCE COMPANY
A MUTUAL COMPANY
SHELTER GENERAL INSURANCE COMPANY
A STOCK COMPANY
Name & Address of the Named Insured:
SIMON. ANNE L & SIMON, RANDY
706 JACK PINE PL
LOVELAND. CO 80538-8101
This Certificate of Insurance neither affirmatively nor negatively amends, alters or extends the coverage afforded by the policy(s) listed.
The Certificate is issued for informational purposes only and confers no rights to the certificate holder.
This is to certiN that insurance policies shown below by policy number have been issued for the policy period(s) indicated:
Company
Type of Insurance
Policy Number
Policy Inception
Policy Expiration
Limits of Liability
Shelter
Automobile
05-1-C-7890757-7
04/05/2011
Continuous
_ Mutual
Ap Owned or Leased Autos
Single Limit 500.000
(described in declarations
BI Per Person
Shelter
of a Shelter issued policy)
BI Per Accident
PD Per Accident
General
Scheduled Autos
_ Hired Autos
Non Owned Autos
REMARKS:
If any of the above listed policies are cancelled before the expiration date, notice will be delivered in accordance with the policy provisions.
Date I / 7 l 11
Year Model
1997 FL 60
M-51.27-M
�1
By AAL
Authorized Representative
VEHICLE(S)
Trade Name
FREIG
Motor Serial No (Last 5 Digits)
39234
Page 1
1817 WEST BROADWAY • COLUMBIA, MISSOURI • 65218-0001 • (573) 445-8441
'A4C40IM . CERTIFICATE OF LIABILITY INSURANCE 4/6/2011
AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES
NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condition
of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(a).
PRODUCER
Heritage General Agency, Inc
9250 East Costilla Avenue, Suite 650
Englewood, CO 80112
_.'. .. .'. _..... .. ... ...... ...
Daniel Boone Underwriters
573-445-8441 573-446-91 22
EMML
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_. INSURER(S) AFFORDING COVERAGE
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Universal Lightguide Technology '' - -
Distribution, Inc.
- 706 Jack Pine Place - '---.-. ...,. -PMUKFK
Loveland, CO 80538 ..----- - `'- . --
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GUVtKAGtS
INDICATED,. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSION
AND CONDITIONS OF SUCH POLICIES,.. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
TYPE OF INSURANCE POLICY NUMBER MMIDoIYYYY MMroorcrrY LIMITS
LTR
A
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GENERAL LIABILITY _. --. :,.
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE... OCCUR
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EACHOCCURRENCE
$1,000,000
am,ae„reI a
$100,000
MED PAY (Any one person)
$5,000
PERSONAL BADVIWURY
$1,000,000
GENERAL AGGREGATE
$1,000,000
GEN L AGGREGATE LIMn APPLIES PER:
. X POLICY JPeo- LOC
PRODUCTS. COMP/OP AGG
$1,000,000
$
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AUTOMOBILE
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Commtinicadon EquipmentI Stalla4lon= Industrial br Commercial' . --
" City of Ft Collins EXPIRATION DATE THEREOF,.THE ISSUING INSURER WILL ENDEAVOR TO MAIL
P.O. Box 580 -- "`' 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE .
Fort Collins, CO 80522 LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF..
ANY KIND UPON THE INSURER, ITS AGE TS OR REPRESENTATIVES.
4CORD 25 (2009109), The ACORD name and logo are registered marks
No Text
The Denver Boulder Greeley CPIU published by the Colorado State Planning and
Budget Office will be used as a guide. Written notice of renewal shall be provided to
the Service Provider and mailed no later than ninety (90) days prior to contract end.
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 its fault
or negligence, then the party so prevented shall be excused from whatever performance
is prevented by such cause. To the extent that the performance is actually prevented,
the Service Provider must provide written notice to the City of such condition within
fifteen (15) days from the onset of such condition.
6. Early Termination by City/Notice. Notwithstanding the time periods
contained herein, the City may terminate this Agreement at any time without cause by
providing written notice of termination to the Service Provider. Such notice shall be
delivered at least fifteen (15) days prior to the termination date contained in said notice
unless otherwise agreed in writing by the parties. All notices provided under this
Agreement shall be effective when mailed, postage prepaid and sent to the following
addresses:
City: Copy to: Service Provider:
City of Fort Collins City of Fort Collins Universal Lightguide
Attn: Purchasing Attn: Eric Dahlgren Technology Distribution, Inc.
PO Box 580 PO Box 580 Attn: Randy Simon
Fort Collins, CO 80522 Fort Collins, CO 80522 706 Jack Pine Place
Loveland, CO 80538
In the event of early termination by the City, the Service Provider shall be paid for
services rendered to the date of termination, subject only to the satisfactory
performance of the Service Provider's obligations under this Agreement. Such payment
shall be the Service Provider's sole right and remedy for such termination.
7. Contract Sum. The City shall pay the Service provider for the performance
of this Contract, subject to additions and deletions provided herein, per the attached
Exhibit "B", consisting of two (2) pages, and incorporated herein by this reference.
8. City Representative. The City will designate, prior to commencement of
the work, its representative who shall make, within the scope of his or her authority, all
necessary and proper decisions with reference to the services provided under this
agreement. All requests concerning this agreement shall be directed to the City
Representative.
9. Independent Service provider. The services to be performed by Service
Provider are those of an independent service provider and not of an employee of the
City of Fort Collins. The City shall not be responsible for withholding any portion of
Service Provider's compensation hereunder for the payment of FICA, Workmen's
Compensation or other taxes or benefits or for any other purpose.
10. 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.
11. Acceptance Not Waiver. The City's approval or acceptance of, or
payment for any of the services shall not be construed to operate as a waiver of any
rights or benefits provided to the City under this Agreement or cause of action arising
out of performance of this Agreement.
12. 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.
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
thereof.
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. 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.
17. 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.
18. 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.
19. 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
illegalalien who will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created
inPublic 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 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.
20. Red Flags Rules. Service Provider must implement reasonable policies
and procedures to detect, prevent and mitigate the risk of identity theft in compliance
with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part
681. Further, Service Provider must take appropriate steps to mitigate identity theft if it
occurs with one or more of the City's covered accounts.
21. Special Provisions. Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit "D" -
Confidentiality, consisting of one (1) page, and Exhibit "E", Federal Requirements,
consisting of two (2) pages attached hereto and incorporated herein by this reference.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
Jam B. O'Neill II, CPPO, FNIGP
Direct of Purchasing and Risk Management
Date: AAA 2 /I I
EST: .
City Clerk
APPS TO FORM:
Assi City Attorney
Universal Lightguide Technology Distribution, Inc.
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date
AT
7EST:
CORPORATE SECRETARY
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