HomeMy WebLinkAbout523946 CALE AMERICA INC - CONTRACT - AGREEMENT MISC - CALE GATEWAY METERDocuSign Envelope ID: F558C8D7-FDBO-4D94-9454-4F2B877E991E
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 Cale America 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:
Scone of Services. The Service Provider agrees to provide and install the CWT pay
station in accordance with the Cale quote attached hereto as Exhibit "A", consisting of one
(1) page and incorporated herein by this reference.
The Service Provider also agrees to provide Cale WebOffice features in accordance with
the Cale quote attached hereto as Exhibit "B", consisting of one (1) page and incorporated
herein by this reference.
The Service Provider shall be solely responsible for performance of all duties hereunder.
2. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within ten (10) days following execution of this
Agreement. Installation services shall be completed no later than November 1, 2014.
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.
The time of commencement and services to be performed for the Cale WebOffice shall be
as stated in the Software Maintenance Agreement attached as Exhibit "E".
3. Delay. If either party is prevented in whole or in part from performing its obligations by
Services Agreement
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CIILE
Cale America Inc.
Contact tame .bhn Stephen
Acmurd Name Cdy of Fort Coffins
Billing Address 215 North Masan Street
1st Floor/South Wing
Fat Colons, CO 80521
EXHIBIT A
Cline Number Cale quote 000432
Prepared By Ryan Bonardi
Phone (970)221b777
Email jstephenWcgov.com
The attached quaalim is valid for 90 days and is subject to the attached terms" condtion:
Pay by
license
Plate
CWT_Pay,
Stetson
CredUDebt
Card
Acceptance
AC
Op
rig:,
Installation
-Labor
Training
shapping
Charges
RiWJPt
Papers
Light Bar
with Motion
Sensor
Bask or Prbasdonal package, plus wreless date up to 20ml knodmeter, online and mobile
enforcement page, universal top -up at any meter. Only avai lab] e wth CWT product line. Price
quoted ismonthly, permeter. -
See attached CWT tiorhurifor troduct detallon features 6hciuoeo.
hcluded in the prim of the meter. The meter 00 Acceptance Credit and Debt cards easodated
nth Visa, MasterCard, American EWesiand Discover. The ciilomerwithaetheto dictate
Mhkh spe6i is card types are accepted.
110v GFI outlet and tddde-crorger for AC connection
Cale Wit rated the meter to the customer prepared Wound. The Irdalladm Abor rogxks the
ocitrg down of the meter, ponenng up ant testing of the meter. Testing indudesthe process of
perfoanmg all transaction types, establishing canmuiketion, and ensuing the hard cunency
collection system works Without error.
Mairdenarm, Collection, AstaM`aton;.Erforcement; Management; andfor,CWOtrorong
t fez mNeins 6 rolls
Optional—Motionactivated light bar to fully i@an mate meta door, instructions and cadrols. Also
Animates components when maintenance is open. Lgntber worts With solercha ged
1AO 50.00 .50.00
1`.00 $8,495.00 $8,495.00
1.00 $0.00. $0.00
1.00 '.$0.00
1.00 $1,000.00 S1,000.00
i.00 st,000 DD $1;ow.ou
1.00 $3DOA0 $300100
5.00 $25.00 $125.DO
1.00 $400.00 $400 00
This feature is offered at $400dneter
lit Board Optional-TMs featue wit wide stall alert to the m-dZiy lerhnaen, and it Wit Eolmd a 100+
deabal ihlerrri W the meter; if meteristited. 1.00 5725.00 5125.E
This feature is offered At $1254aeter
Grand Total $11,446.00
This order is subject to the tams and conditions appearing hereon and on the page(s) attached hereof, and by accepting this order Customer
acknoQedgesthat it has read those terms aw axdbohs and agreestcbe bound thereby.
Accepted by Date: _t7
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EXHIBIT B
Quote Number Cale Quote 000930
Prepared By Ryan Bonardi
Cale America Inc
Contact Name John Stephan Phone (970) 221-6777
Account Nome City of Fort Collins
Billing Address 215 North Masan Streel
1st Floor/South Wing
Fort Collins, CO 80521
The attached quotation Is valid far 90 days and Is subject to the attached terms and condition:
Cale Online list view reports for transactions and credit card information, maintenance Including event
logging, up to 10 users per company, real-time meter Initiated alarm notification, 3mbfmo/molar
WehOltice standard wireless date services, credit card gateway services, PCI Level i compliance, 5,day support. 1.00 $65.00 E85.00
Basic price quoted Is monthly, per meter.
Grand Total $65.00
This order Is subject to the terms and conditions appearing hereon and on the pages) attached hereof, and by accepting this order Customer
acknowlodges that It has read those terms and conditions and agrees to be bound thereby.
Accepted by: Data: ... J......
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EXHIBIT C
INSURANCE REQUIREMENTS
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.
No new insurance needed 11
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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.
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EXHIBIT E
SOFTWARE MAINTENANCE AGREEMENT
This Software Maintenance Agreement ("Agreement") is entered into between the CITY OF
FORT COLLINS, COLORADO, a municipal corporation, hereinafter "City" and Cale America
Inc., hereinafter "Company", and shall be effective on the date signed by the City.
Scope of Agreement.
a. General. Company agrees to provide City standard maintenance, on -site support if
required, and training services for the computer programs and user manuals listed
below (collectively "Software").
b. Company shall provide updates to the software as required in order that the
software reflect current federal and state laws or requirements of the federal or
state government or federal or state regulatory agencies.
C. User Manuals. When this agreement refers to "User Manuals," it shall include any
user manuals which are designed for the software and any user manuals listed in
Exhibit "A" and all manuals provided to users for the software listed above. The
user manuals shall be updated with each new release of the software.
2. Term
This Agreement shall be effective for one year from the date of installation, and may be
renewed upon mutual agreement for up to four additional one year periods unless
soonbr"terminated as provided herein. Such renewals shall be'subject to sufficient funds
being appropriated annually by the Fort Collins City Council, which appropriations are in
the Council's sole discretion.
3. Standard Maintenance Services
Scope of Services. During the term of this Agreement, Company will provide City the
following Standard Maintenance Services for the Software:
a. Corrections of substantial defects in the Software so that the Software will operate
as described in the user manuals listed above.
b. Periodic updates of the Software that may incorporate (A) corrections of any
substantial defects, (B) fixes of any bugs; and (C) upgrades to user manuals as
sets out above.
C. Telephone support, including dial -up support, between the hours of 7:00 a.m. to
7:00 p.m. Central Time, Monday through Friday, excluding City of Fort Collins
holidays, to assist City in using the Software.
d. In the event of emergencies, or systems failures caused by Company's software
upgrades which occur outside of the designated support hours established by
Section 3(c), telephone support, including dial -up support, twenty-four (24) hours
per day, seven (7) days per week for the term of the Agreement.
4. On -Site Support
Company, upon receipt of a written request from City, will provide City On -Site Support
at a mutually agreed time. City agrees to pay Company's costs associated with the
provision of on -site support, including charges for (i) Company's personnel; (ii) charges
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for travel, lodging and miscellaneous expenses (if personnel must travel more than 75
miles) in accordance with City guidelines for travel expenses; and (iii) applicable taxes.
5. Maintenance Fee
AmountofFee. City agrees to pay Company a monthly Maintenance Fee, the
amount set forth in Exhibit "B", Pricing Quotation for Standard Maintenance
Services provided by Company pursuant to this Agreement. The amount charged
for these services shall not increase by more than two (2) percent from one year to
the next, in the event of renewal.
6. Payment Terms
City agrees to pay Company by thirty (30) days after receipt by City of invoices for
agreed upon fees.
Obligations Of City
a. City Contact. City shall notify Company of City's designated City Contact. To
the maximum extent practicable, City's communications with Company will be
through the City Contact.
b. Installation. City agrees to install all corrections of substantial defects, minor
bug fixes and updates, including any enhancements, for the Software in
accordance with the instructions and in order of receipt from Company.
C. Facility and Personnel Access. City agrees to grant Company reasonable access
to City's facilities and personnel concerned with- the operation of the Software to
enable Company to provide services.
d. No Modification of Software. City agrees not to modify, enhance or otherwise
alter the Software, unless and only to the extent such modification, enhancement
or other alteration is specifically authorized in the user manuals identified in this
Agreement or through the consent of Company.
- e. Error Documentation. Upon detection of any error in the Software, City, as
requested by Company, agrees to provide Company a listing of output and any
other data, including databases and backup systems that Company reasonably
may request in order to reproduce operating conditions similar to those present
when the error occurred.
B. Termination
City shall have the right to terminate this Agreement at any time upon giving thirty (30)
days' notice to Company. Company shall have the right to terminate this Agreement and
all services provided pursuant to this Agreement (i) upon termination of City's Software
License Agreement by either party for any reason, and (ii) if City violates any provision of
this Agreement and City fails to cure such violation within fifteen (15) days after receipt
of written notice from Company.
9. Indemnification
Each Party shall defend and indemnify the other and the other's officers, directors,
employees and agents, and their respective successors and assigns, from, against
and in respect of, any liability, loss, cost, damage, expense or payment, including
reasonable attorneys' fees and expenses, incurred or suffered by such indemnified
person with respect to any and all claims, controversies, legal actions and
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proceedings brought by or on behalf of any third party arising out of or in any way
related to the indemnifying party's gross negligence, willful misconduct, breach of
applicable laws or breach of the Order.
b. Nothing herein shall be interpreted as a waiver of any protections or limitations
afforded Lessee under the Colorado Governmental Immunity Act.
10. Insurance
Company agrees to maintain workers' compensation and employer's liability insurance
at the statutory limits per Exhibit C.
11. Force Majeure
Neither party shall be in default or otherwise liable for any delay in or failure of its
performance under this Agreement if such delay or failure arises due to any act of God,
any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics,
riots, failures or delay in transportation or communications; provided, however, that lack
of funds shall not be deemed to be a reason beyond a party's reasonable control. The
parties will promptly inform and consult with each other as to any of the above causes,
which in their judgment may or could be the cause of a delay in the performance of this
Agreement.
12. 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.
13. Remedies
In the event a party has been declared in default, such defaulting party shall be allowed
a period often (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require
specific performance; or (c) avail himself of any other remedy at law or equity. If the non -
defaulting party commences legal or equitable actions against the defaulting party, the
defaulting party shall be liable to the non -defaulting party for the non -defaulting party's
reasonable attorney fees and costs incurred because of the default.
14. General Provisions.
a. Complete Agreement. This Agreement, its attachments, the City's Request for
Proposal and the Company's Response to the Request for Proposal are the
complete and exclusive statement of the agreement between the parties, which
supersedes and merges all prior proposals, understandings and all other
agreements, oral or written, between the parties relating to this Agreement.
b. Order of Precedence. In the event of any conflict or inconsistency among
documents related to this Agreement, said conflict or inconsistency shall be
resolved by giving precedence to the later dated document. Unless otherwise
agreed to by both parties, document precedence shall be as follows: (1) the
Software License Agreement; (2) the Request for Proposal; (3) the Company's
response to the Request for Proposal.
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C. Amendment. This Agreement may not be modified, altered or amended except
by written instrument duly executed by both parties, except that address for notice
may be changed as provided in section 13.
d. Waiver. The waiver or failure of either party to exercise in any respect any right
provided for in this Agreement shall not be deemed a waiver of any further right
under this Agreement.
e. Severability. If any provision of this Agreement is invalid, illegal or
unenforceable under any applicable statute, court decision or rule of law, it is to
that extent to be deemed omitted. The remainder of the Agreement shall be valid
and enforceable to the maximum extent possible.
f. Survival. All provisions of this agreement that by their nature would reasonably be
expected to continue after the termination of this Agreement will survive the
termination of this Agreement.
g. Governing Law. This Agreement and performance hereunder shall be governed by
the laws of the State of Colorado. Venue for any cause of action arising hereunder
shall be in Larimer County, Colorado.
h. Read and Understood. Each party acknowledges that it has read and understands
this Agreement and agrees to be bound by its terms.
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unforeseeable causes beyond its reasonable control and without its fault or negligence,
then the party so prevented shall be excused from whatever performance is prevented by
such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days
from the onset of such condition.
4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in
writing by the parties. All notices provided under this Agreement shall be effective when
mailed, postage prepaid and sent to the following addresses:
Service Provider: City: Copy to:
Cale America Inc. City of Fort Collins City of Fort Collins
Attn: Ken Beattie Attn: Karl Sanders Attn: Purchasing Dept.
13808 Monroes Business Park PO Box 580 PO Box 580
Tampa FL 33635 Fort Collins, CO 80522 Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
5. Contract Sum. The City shall pay the Service Provider for the performance of this
Contract, subject to additions and deletions provided herein, eleven thousand, four
hundred forty five dollars and zero cents ($11,445.00) as per the attached Exhibit "A",
consisting of one page (1), and incorporated herein by this reference.
The City shall pay the Service Provider sixty five dollars ($65) per month for Cale
WebOffice as per Exhibit "B".
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6. Contract Period. This Agreement shall commence upon the date of execution shown on
the signature page of this Agreement, and shall continue in full force and effect for one (1)
year, 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.
7. 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.
8. 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.
9. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not
be unreasonably withheld. Service Provider may, however, subcontract the [... ] work or
other portions of the Work by providing notice to the City of its intent to do so. If any of the
Work is subcontracted hereunder (with the consent of the City), then the following
provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an
established record of successful performance in its respective trade performing identical or
substantially similar work, (b) the subcontractor will be required to comply with all
applicable terms of this Agreement, (c) the subcontract will not create any contractual
relationship between any such subcontractor and the City, nor will it obligate the City to
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pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will
be subject to inspection by the City to the same extent as the work of the Service Provider.
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.
17. 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 and materials, provided under this
Agreement, except City -furnished materials, equipment and labor, against defects and
nonconformance in design, materials and workmanship/workwomanship for a period
beginning with the start of the work and ending twelve (12) months from installation,
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
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such defect or nonconformance, 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.
d. Company shall also provide City the support and maintenance services set forth in the
Software Maintenance Agreement appended hereto as Exhibit "E." After expiration of
the warranty period, Company shall provide support and maintenance for the Software
pursuant to the terms of such Maintenance 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 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.
1. Each Party shall defend and indemnify the other and the other's officers, directors,
employees and agents, and their respective successors and assigns, from, against and
in respect of, any liability, loss, cost, damage, expense or payment, including reasonable
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attorneys' fees and expenses, incurred or suffered by such indemnified person with
respect to any and all claims, controversies, legal actions and proceedings brought by or
on behalf of any third party arising out of or in any way related to the indemnifying party's
gross negligence, willful misconduct, breach of applicable laws or breach of the Order.
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 "C", 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.
d. Nothing herein shall be interpreted as a waiver of any protections or limitations
afforded Lessee under the Colorado Governmental Immunity Act.
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.
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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 illegal alien who
will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the "e-Verify Program") or the Department Program (the
"Department Program"), an employment verification program established pursuant
to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of
all newly hired employees to perform work under this Agreement-
b. Service Provider shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work .under this
Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider has
actual knowledge that the subcontractor is employing or contracting with an illegal
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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. 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, attached hereto and incorporated herein by this reference.
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CITY OF FORT COLLINS, COLORADO
a municipal corporation
Docu518M/a bbyyy-
C 1 VlH
By: A
Gerry Paul e
Director of Purchasing and Risk Management
8/28/2014
CALE AMERICA INC.
By: �Dmu&Ved by
NW\.t^W I ytAffiti
,L"t�......
Kenneth ]. Beattie
PRINT NAME . .
Secretary
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: 8/28/2014
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