HomeMy WebLinkAboutRFP - 8913 SHARED MOBILITY DEVICE (INCLUDING E-SCOOTER) PROGRAMRFP 8913 Shared Mobility Device (Including E-Scooter) Program Page 1 of 50
REQUEST FOR PROPOSAL
8913 SHARED MOBILITY DEVICE (INCLUDING E-SCOOTER) PROGRAM
The City of Fort Collins (City) and Colorado State University (CSU) are requesting proposals to
select one (1) qualified operator for a one (1) year pilot program to deploy shared mobility
devices (e.g. stand-up electric scooters).
As part of the City’s commitment to Sustainable Purchasing, proposals submission via
email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file
under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy
proposal we require one (1) hard copy and one (1) electronic copy on a jump drive to be
received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort
Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock) on May
24, 2019 and referenced as Proposal No. 8913 Shared Mobility Device (Including E-
Scooter) Program. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort
Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580.
Please note, additional time is required for bids mailed to the PO Box to be received at the
Purchasing Office.
The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in
response to all requests for proposals. No individual or business will be discriminated against
on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level
playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award
and administration of all contracts.
All questions should be submitted, in writing via email, to Marisa Donegon, Buyer at
mdonegon@fcgov.com no later than 5:00 PM MST (our clock) on May 10, 2019. Please
format your e-mail to include: RFP 8913 Shared Mobility Device (Including E-Scooter) Program
in the subject line. Questions received after this deadline may not be answered. Responses to
all questions submitted before the deadline will be addressed in an addendum and posted on the
Rocky Mountain E-Purchasing System webpage.
Rocky Mountain E-Purchasing System hosted by Bidnet
A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
This RFP has been posted utilizing the following Commodity Code(s):
07018 Motor Scooters and Trucksters, Engine Driven
07020 Motor Scooters and Trucksters, Electric Powered
80567 Scooters and Skateboards
97550 Motorcycles, Motor Scooters and Trucksters
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject
to public disclosure by the City pursuant to CORA and City ordinances. Vendors may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 8913 Shared Mobility Device (Including E-Scooter) Program Page 2 of 50
of the proposal, the Vendor may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. Such statement does not necessarily exempt such documentation from
public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other
applicable law. Generally, under CORA trade secrets, confidential commercial and financial
data information is not required to be disclosed by the City. Proposals may not be marked
“Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from
this request for proposal will be public information.
New Vendors: The City requires new Vendors receiving awards from the City to fill out and
submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the
W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s
Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please
do not submit with your proposal.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins or CSU is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will
be rejected and reported to authorities as such. Your authorized signature of this proposal
assures that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins and CSU reserve the right to reject any and all proposals and to waive
any irregularities or informalities.
The selected Vendor shall be expected to sign the City’s and CSU’s standard Agreement prior
to commencing Services (see samples attached to this Proposal).
Sincerely,
Gerry Paul
Purchasing Director
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I. BACKGROUND & OBJECTIVE
A. Objective
The City of Fort Collins (“City”) and Colorado State University (“CSU”) are requesting
proposals to select one (1) qualified operator (the “Operator”) for a one (1) year pilot
program to deploy shared mobility devices (e.g. stand-up electric scooters). The City and
CSU each plan to award the selected Operator separate and independent Service
Agreements, using each entity’s agreement form. The City and CSU reserve the right to
terminate the pilot program at any time.
Based on the outcome of the pilot program, the City and CSU may elect at their sole option
one or more of the following:
a. Discontinue the shared mobility device program and revoke the permit(s);
b. Renew the existing Agreements for one (1) year with the option to renew for up to
an additional four (4) one-year terms for a total of up to five (5) years;
c. Renegotiate the terms of the Agreement based on the City’s and CSU’s learnings
from the pilot program particularly as it relates to the financial model and other
operational considerations;
d. Not renew the Agreement and initiate a new RFP to select a new operator for the
shared mobility devices which may or may not include the addition of a bike and/or
e-bike share program;
e. Not renew the Agreement and initiate a new RFP to select multiple operators for
the shared mobility devices which may or may not include the addition of a bike
and/or e-bike share program;
f. Such other direction at the City’s and CSU’s sole discretion.
B. Special Notice
Award of a Service Agreement and initiation of the one (1) year pilot program is subject
to adoption of an ordinance by the City of Fort Collins City Council based on the April 17,
2019 passage of Colorado HB19-1221. This bill excludes electric scooters from the
definition of “toy vehicle” and includes electric scooters in the definition of “motor
vehicle”, thus authorizing the use of electric scooters on roadways. Toy vehicles are
authorized for use on sidewalks, but not for use on roadways.
C. Background
Fort Collins is a vibrant community of approximately 151,000 located 65 miles north of
Denver, at the base of the foothills of the Rocky Mountains. The City is 56 square miles
in size and is the northern extension of the “Colorado Front Range” urban corridor. The
city tallied 1.73 million visitor days in 2016-17. Colorado State University is a land-grant
institution and a Carnegie Research University R1: Doctoral University (Very High
Research Activity). CSU’s population includes over 33,000 students and over 7,500
faculty and staff. The 586 acre main campus includes 15 residence halls with a capacity
of about 6,300 students and over 1,700 apartment spaces for students with families,
undergraduate and graduate students. On football game days, CSU welcomes more
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than 40,000 fans to campus. CSU also hosts hundreds of thousands of visitors each
year.
Shared mobility devices (e.g., stand-up electric scooters) are spreading rapidly across
the country. Currently these new shared mobility devices exist in an emerging and
evolving regulatory landscape and experiences from other municipalities show there is a
need to have in place policies and practices that will allow for a successful program.
The City and CSU are pleased to welcome a shared mobility device operator (“Operator”)
as a partner with the City and CSU to add to both the City and CSU’s sustainability- and
accessibility-focused transportation efforts. It is anticipated that the deployment of these
devices will bring the City closer to achieving its Climate Action Plan and Transportation
Master Plan for sustainable transportation and emission-reduction goals, and will bring
CSU closer to achieving its Climate Action Plan. The City and CSU recognize that if an
acceptable partnership is agreed to, the introduction of shared mobility devices into Fort
Collins and CSU could help fill first mile/last mile geographic gaps in the City's transit
system, reduce motorized vehicle emissions, improve air quality, expand sustainable
travel throughout the city, and provide additional sustainable travel options for those who
are mobility-challenged.
The City and CSU will evaluate the use of shared mobility devices on an ongoing basis to
ensure that the selected Operator is appropriately permitted to be operating in the public
right of way (ROW) and maintains compliance to all rules, regulations and provisions of
the Service Agreements. Associated permits are subject to change at the City’s discretion
as provided in the City’s Municipal Code.
D. Definition
a. Shared Mobility Device: Any conveyance or device, including but not limited to
electric scooters, skateboards and other toy vehicles, that integrates on-board
technology allowing an individual to obtain the conveyance or device, either in
person or remotely, from private property or the public right of way, whether or not
such conveyance or device is human or motor powered. They may be rented from
a designated location and returned to the same or a different designated location
that is permitted by the City and/or CSU and managed by the Operator.
b. Shared Mobility System: A system which provides a shared mobility device for
short-term rentals for trips and which may be locked or unlocked with or without
being located on a rack or docking system. Shared mobility systems consist of the
devices, designated parking and storage areas and facilities, and enabling
technology including a mobile app.
E. Eligibility, Prerequisites, and Compliance
a. The Operator selected under this Request for Proposal (RFP) to participate in the
pilot program will be required to enter into separate Service Agreements with the
City and CSU similar to Attachment 2 and Attachment 3. The Service Agreements
are subject to negotiation and mutual agreement at the City’s and CSU’s sole
discretion.
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b. The Operator will be required to obtain a Shared Mobility Encroachment Permit
from the City
https://www.fcgov.com/engineering/pdf/encroachmentpermit_digital.pdf.
A Shared Mobility Encroachment Permit is required for all shared mobility devices
with onboard technology that allow a user to check out the device remotely from
and operate in the Fort Collins public Right of Way (ROW). A per device permit is
required to operate the device on property owned and operated by CSU.
c. In addition to the Shared Mobility Encroachment Permit required for general
operation in the ROW, the Operator must obtain a Shared Mobility Parking
Station Encroachment Permit
https://www.fcgov.com/engineering/pdf/encroachmentpermit_digital.pdf from the
City’s Engineering Department if the Operator intends to build a parking
structure. The Encroachment Permit application will require the Operator to
submit a sketch plan showing the proposed location(s) of the encroachment(s)
and locations of the property line(s), sidewalk(s), and street(s). Should the
Operator opt to designate painted parking zones without building parking
structures, a Shared Mobility Parking Station Encroachment Permit will NOT be
required; however, a sketch plan showing the proposed location(s) of the
proposed designated painted parking zones and locations of the property line(s),
sidewalk(s), and street(s) will be required to be submitted to the City Engineering
Department for approval.
d. The Operator must establish designated parking areas on the CSU campuses for
storage and checking out and returning devices. The Operator and CSU will jointly
agree on the locations and necessary equipment, such as a rack or docking
station, for each such facility. All facilities will be constructed and maintained at the
sole cost of the Operator, to CSU’s codes and specifications.
e. The City Shared Mobility Encroachment Permit and Shared Mobility Parking
Station Encroachment Permit must comply with City Code Chapter 23, Article III,
Division 3 (Encroachments). The City’s Engineering Department will review these
permits and either approve or deny, such permits based on the City Code
standards.
f. Any shared mobility device that is staged on private property will count toward
Operator’s total fleet size limit if the onboard technology will allow a user to check
it out from the ROW at any point.
g. If a shared mobility parking station is located on private property, the Operator may
be required to submit a Minor Amendment Application for review and approval of
the proposed location.
h. During the pilot program, it is anticipated that the Operator will initially deploy
between 500 to 1,000 devices. However, the City and CSU will seek input from
Operator to optimize deployment quantity. Additional devices may be allowed, at
the City’s and CSU’s discretion, particularly in high-usage CSU locations and in
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“vulnerable areas” (historically marginalized and under-resourced) as defined in
the Health & Equity Index in the City’s Trends & Forces Report.
Coverage for CSU includes the CSU main campus and all other campus locations
within the serviceable area.
During CSU’s summer and winter break periods, the number of devices may be
temporarily reduced as deemed reasonable by Operator and as mutually agreed
by CSU.
i. The City and CSU may adjust device fleet size requirements and limits based on
Operator-provided utilization data, Operator performance, and operational
outcomes. For example, the City and/or CSU may authorize the Operator to
increase the number of devices if demand exceeds a certain threshold.
Alternatively, the Operator may be required to reduce the number of devices if
demand is below a certain threshold or the Operator’s performance is not meeting
expectations.
j. Operator shall provide the City and CSU with a monthly updated list of all currently
deployed devices, their unique identification numbers, and, upon request, user
information related to any ongoing criminal investigation. Operator will also
cooperate with any ongoing criminal investigation that involves an e-scooter user.
k. The awarded Operator must adhere to all Municipal Code sections, including but
not limited to the following Municipal Code sections that are directly related to
shared mobility devices. Please note that ordinances No. 028 (related to parking
of shared mobility devices) and No. 029 (related to Dismount Zone compliance)
have been adopted by City Council but have not yet been updated in Municipal
Code as of the posting of this RFP.
i. Municipal Code, Chapter 24 – Streets and Sidewalks
ii. Municipal Code, Chapter 23 – Public Property / Article III. –
Obstructions and Permits, Sec. 23-46. – Limitations
iii. Municipal Code, Chapter 23 – Public Property / Article III. –
Obstructions and Permits, Division 3 – Encroachments
iv. Municipal Code, Chapter 23 – Public Property / Article IV. –
Disposition of Property, Division 3 – Tangible Personal Property,
Sec. 23-127 – Disposition of lost, abandoned or other unclaimed
tangible property
v. Traffic Code, Part 14 – 1410. – Use of highways for traveling on
snowmobiles, skis, toboggans, coasting sleds, skates or similar
devices
vi. Traffic Code, Part 14 – Other Offenses, 1410.1 – Low-speed
electric vehicles
vii. Municipal Code, Chapter 23 – Public Property / Article IX. – Natural
Areas, Sec. 23-193 – Prohibited acts; permits. (18)
viii. Municipal Code, Chapter 23 – Public Property / Article X. – Parks,
Trails and Recreation Areas, Sec. 23-203 – Prohibited acts;
permits. (1)
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ix. Traffic Code, Part 14 – Other Offenses, Sec. 1401 – Reckless
Driving
x. Traffic Code, Part 14 – Other Offenses, Sec. 1402 – Careless
Driving
xi. Traffic Code, Part 21 – Operation of Bicycles, Electric Assisted
Bicycles and Other Human – Powered Vehicles, Sec. 2106 –
Sidewalks and Trails
The City has the right to amend its City Code at any time and the permitted Operator must
comply with any such amendments that apply to shared mobility devices. Amendments
could include alignment to changes to the Colorado Revised Statues.
II. REQUEST FOR PROPOSAL OVERVIEW
Operators interested in being considered for this shared mobility device pilot project
must respond to this RFP with a proposal. The proposal should address all the
elements detailed in Section III, Proposal Submittal.
A. Desired Minimum Qualifications
Operator must have experience with a minimum of three (3) entities of similar size to Fort
Collins, deployed within the last 3 years. The preference is for such experience to include
a college or university similar in size to CSU. The City and CSU are particularly interested
in firms who can demonstrate a positive relationship between a city and college or
university.
B. Anticipated Schedule
The following represents the City and CSU’s target schedule for the RFP. The City and
CSU reserve the right to amend the target schedule at any time.
• RFP issuance: April 29, 2019
• Question deadline: 5:00 PM MST on May 10, 2019
• Proposal due date: 3:00 MST (our clock) on May 24, 2019
• Interviews (tentative): Week of June 10 – 21, 2019
• Award of Contract (tentative): July 15, 2019
C. Interviews
In addition to submitting a written proposal, the top-rated Operators may be interviewed
by the RFP assessment team and asked to participate in an oral presentation to provide
an overview of the company, approach to the project and to address questions. The
evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations and is included in Section IV.
D. Subcontractors
Operators will be responsible for identifying any subcontractors to include independent
contractors (Form 1099 employees) in their proposal. Please note that the City and CSU
will contract solely with the awarded Operator; therefore, subcontractors and independent
contractors will be the responsibility of the Operator.
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E. Proposal Format
Please limit the total length of your proposal to a maximum of fifty (50) double sided or
one hundred (100) single sided 8 ½ x 11” pages (excluding cover pages, table of contents,
dividers, Operator Statement form, and confidential financial data). Font shall be a
minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom.
Extended page sizes, such as 11” x 17”, count as a single page. Please, no embedded
documents. Proposals that do not conform to these requirements may be rejected.
F. Fees, Licenses, Permits
The successful Operator shall be responsible for obtaining any necessary licenses, fees
or permits without additional expense to the City and CSU. All equipment shall be properly
licensed and insured, carry the appropriate permits and be placarded as required by law.
G. Laws and Regulations
The Operator agrees to comply fully with all applicable local, State of Colorado and
Federal laws and regulations and municipal ordinances.
H. Payment
Payments to the City shall be sent to:
City of Fort Collins
PO Box 580
Fort Collins, CO
80524
Payments to CSU shall be sent to:
Colorado State University
Procurement Services
200 W. Lake Street
6010 Campus Delivery
Fort Collins, CO 80523-6010
III. PROPOSAL SUBMITTAL
For this section, Operators are required to provide detailed written responses to the
following items in the order outlined below. The responses shall be considered technical
offers of what Operators propose to provide and shall be incorporated in the contract
award as deemed appropriate by the City and CSU. A proposal that does not include all
the information required may be deemed non-responsive and subject to rejection.
Responses should include all the items in the order listed below. It is suggested that the
Operators include each of the City and CSU’s questions with their response immediately
following the question.
Neither the City nor CSU shall reimburse any Operator for costs incurred in the
preparation and presentation of their proposal.
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A. Cover Letter / Executive Summary / Intent
The Executive Summary should describe the overall vision for the service and include
highlights from the content of the proposal and features of the program offered.
B. Operator Information
a. Project team, including resumes/CV and qualifications of lead team members.
Include an organization chart that includes the entire company as well as the local
team. Identify the point of contact for the City and CSU.
b. Number, type, location and duration of other shared mobility systems operated.
Include the number of unique riders and number of shared mobility device for each
shared mobility system. Include all current operations, and the operating permitting
requirements and history of compliance with permitting, state and local law.
c. Length of corporate operation, and related or ancillary business operations
beyond shared mobility systems.
d. Names and addresses of any person or entity that has (i) more than 10 percent
equity, participation, or revenue interest in the firm or (ii) is a trustee, director,
partner, or officer of that entity or of another entity that owns or controls the firm.
Identify the names and addresses of any parent or subsidiary of the firm and
describe the nature of any such parent or subsidiary business entity. Identify any
subcontractors, independent contractors or other partner organizations.
e. Operators are to submit the most recent financial statement (audited preferred)
including balance sheet and income statement, as well as a statement of cash
flows. Also provide a banking reference (name, address and phone number). The
financial information will be considered confidential commercial and financial data
pursuant to the Colorado Open Records Act (C.R.S. 24-72-201 et. seq.).
Operators must also include three (3) other pricing structures from other shared
mobility programs. Additionally, net income made from these shared mobility
device (e-scooter) program partnerships with municipalities must be included.
Additionally, please share incidences of failed shared mobility device launches that
resulted in the termination of an agreement and/or non-renewal.
C. Equipment
Provide specific details of the proposed equipment and supporting elements.
a. Type and specifications of all devices. The selection committee may request a
device demonstration if desired to clarify or confirm device details or
functionality.
b. Number of devices proposed at launch and anticipated at the maximum during the
pilot program. Please also indicate the proposed size of the “buffer stock” required
to maintain the approved deployed fleet quantity. Please note, all devices to
include “buffer stock” will be subject to any per device fees and/or registration
requirements.
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c. Device communications, device location systems, device capabilities, and
system data collection details.
d. Functionality and features of software and operations management systems.
e. Identify ability to provide the minimum number of devices needed to deploy at
program launch date.
f. Identify location of local warehouse or operational centers.
D. Operations and Maintenance
Provide a system operations overview of daily operations and administration including
the following detailed information.
a. Propose annual fees:
i. Annual per device fee for the City.
ii. Annual per device fee for CSU.
iii. Annual payment for CSU.
b. Propose user payment structure, including any low-income or special payment
options.
c. Hours of device availability, hours of customer service support, and hours of
field support (i.e. outreach, rebalancing and maintenance).
d. Staffing plan and responsibilities for the City’s and CSU’s operations.
e. Plan for achieving Citywide and CSU campus coverage and balancing, including
the nature and frequency of rebalancing throughout the day to provide availability
and avoid overconcentration of devices. CSU is particularly interested in the
number of devices or percentage of deployments balanced to campus on a daily-
basis.
f. Plan for resolution of on-going issues, daily complaints, accidents and emergencies.
Provide details of how you will move devices and the time required that are not parked
in compliance or are out of service.
g. Plan for preventative and corrective device maintenance and daily safety checks.
h. Define how customers can communicate issues, how you will respond and the
timeframe for response. Define how customer communications will be tracked
and reported.
i. Details of customer service system to be provided, including staffing, wait time
or availability, languages, and medium (text, phone, twitter, etc.).
j. Ability to offer service to customers without a credit card or smart phone.
E. Parking, Helmets & Safety Compliance
a. Describe your education and enforcement focused approach to parking in a
manner that is safe, legal, and complies with local and state law. Include both
charger deployment and customer use. Describe the technology and equipment
you will utilize to manage parking. Describe geo-fencing and virtual station
capabilities, and agreement to comply with required parking hubs for chargers and
customers.
b. Describe strategies to influence customer riding and parking behavior; be specific
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about what will be offered and at what time. Describe how you will engage with
users who repeatedly violate rules or otherwise misuse the system.
c. Strategy for avoiding underage use of e-scooters or use without a driver’s license.
d. Plan for making helmets available to customers of e-scooters.
e. Plan for educating users about rules of the road.
f. Strategies for incorporating features into system functionality to address
parking, helmet use and roadway safety.
F. Engagement
Describe the outreach and engagement program including marketing, education, safety
outreach, and education regarding local and state laws.
a. Plan for community engagement.
b. Plan to implement safety programs.
c. Plan for public information and education to users and non-users.
d. Marketing program.
e. Ability to achieve interoperability or integration with other modes of transportation.
G. Data
Describe in detail the front and back-end technology. Including data availability,
specifications and content.
a. Scope and specifications of data available.
b. Method of making data available to the City and CSU, including
components/details of a data dashboard. Include screenshots and provide
examples of any similar monthly reports. Monthly reports will be required showing
ride data, including data for rides originating/terminating within both the City and
CSU serviceable areas.
c. Plan for monitoring system effectiveness, customer satisfaction, and
municipal relationships over time.
d. Plan to comply with privacy laws and best practices. Provide your most recent
third-party PCI audit. Plan to protect personal customer data.
e. Describe what, if any, user data you intend to collect and sell; and if so how this
will be communicated to users and how they will be able to opt-out.
H. Equity Plan
a. Describe how your firm will reach underserved communities through education to
encourage use.
b. Describe how your firm will reach underserved communities through strategic
positioning of the shared mobility devices.
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I. First Mile/Last Mile Plan
a. Describe how your firm’s shared mobility devices will complement existing public
transit and provide for that first and last mile connection between transit stops and
the user’s origin and destination.
J. App
a. Describe the capabilities of your firm’s app and the user experience.
b. Describe the possibilities of development of an app that can house multiple shared
mobility devices including those provided by the City and CSU (i.e. Transfort).
c. Describe the possibilities of developing an app that will host other shared mobility
devices, rideshare services vehicles, and car-pool and van-pool vehicles. Describe
how the unique aspects of each transportation mode will be managed.
d. Describe how your firm’s app will support directing CSU event visitors to proper
parking locations.
K. Long-Term Business & Innovation Plan
a. Describe your firm’s long-term business/operations plan that demonstrates an
understanding of the unique Fort Collins market and culture.
b. Describe your firm’s innovation plan, including future incorporation of different
shared mobility devices.
c. Describe how your company will uphold the waste reduction goals of the City and
CSU by diverting e-scooters from our landfill when they have reached the end of
their useful life.
L. Exceptions to Shared Mobility Document and Service Agreements
a. Provide a redline with any exceptions to Attachment 1, Shared Mobility Document.
b. Provide a redline with any exceptions to the City’s Service Agreement, Attachment
2.
c. Provide a redline with any exceptions to CSU’s Service Agreement, Attachment 3.
Notes:
1. Non-compliance with all rules set forth by the City and CSU may result in liquidated
damages and potential termination of the Service Agreements. Details will be
negotiated during the contract period.
2. In the event the awarded Operator does not remain in good standing with the City
and/or CSU, the City and CSU reserve the right to terminate the Service
Agreements and revoke the permits. In such event, the Operator will have five days
to remove the entire fleet from public right of way after written notification from the
City.
3. The City and CSU reserve the right to cancel the exclusive period granted under
the pilot project at any time at their sole discretion.
4. The awarded Operator will be required to establish an Irrevocable Letter of Credit
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as performance security in a form satisfactory to the City and CSU. The amount of
the letter of credit will be three-hundred thousand dollars ($300,000) issued by a
federally insured FDIC banking institute.
M. References
References (current contact name, current telephone number and email address) from
at least three similar projects with similar requirements that have been completed within
the past three (3) years. The Operator authorizes City and CSU to verify any and all
information contained in the Operator’s submittal from references contained herein and
hereby releases all those concerned providing information as a reference from any
liability in connection with any information they give.
N. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe how your organization strives
to be sustainable. Address how your firm incorporates Triple Bottom Line (TBL) into the
workplace. See Section IV: Review and Assessment for additional information.
If possible, please highlight areas of opportunity in the project where sustainability could
be applied and/or improved.
O. Additional Information
Provide any information that distinguishes Operator from its competition and any
additional information applicable to this RFP that might be valuable in assessing
Operator’s proposal.
Explain any concerns Operator may have in maintaining objectivity in recommending the
best solution. All potential conflicts of interest must be disclosed.
IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Operators will be evaluated on the criteria listed below based on the responses provided
in Section III, Proposal Submittal. These criteria will be the basis for review and
assessment of the written proposals and optional interview session. At the discretion of
the City, interviews of the top-rated Operators may be conducted.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating,
and 5 being an outstanding rating.
1. Technology, Equipment and Reporting
2. Financial Considerations
3. Firm Experience
4. Proposed Plans, Strategies and Approaches
5. Sustainability
B. Reference Evaluation Criteria
Prior to award, the Project Manager will check references using the following criteria.
Negative responses from references may impact the award determination.
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CRITERIA STANDARD QUESTIONS
Overall Performance Would you hire this Operator again? Did they show
the skills required by this project?
Timetable
Was the original Scope of Work completed within the
specified time? Were interim deadlines met in a
timely manner?
Completeness
Was the Operator responsive to client needs; did the
Operator anticipate problems? Were problems
solved quickly and effectively?
Budget Was the original Scope of Work completed within the
project budget?
Job Knowledge
If a study, did it meet the Scope of Work?
If Operator administered a construction contract, was
the project functional upon completion and did it
operate properly? Were problems corrected quickly
and effectively?
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V. OPERATOR STATEMENT
Operator hereby acknowledges receipt of the City of Fort Collins and CSU’s Request for
Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms,
conditions and other provisions set forth in the RFP. Additionally, Operator hereby makes the
following representations to City and CSU:
a. All of the statements and representations made in this proposal are true to the best of the
Operator’s knowledge and belief.
b. Operator commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 120 days from the date hereof.
d. The annual per device fee offered to the City is ___________________.
e. The annual per device fee offered to CSU is: _____________________.
f. The annual payment offered to CSU is: __________________________.
g. The Operator acknowledges and agrees award of the Service Agreements and initiation
of the one (1) year pilot program is subject to adoption of an ordinance by the City of Fort
Collins City Council based on the April 17, 2019 passage of Colorado HB19-1221.
h. The Operator acknowledges the City and CSU intend to select one firm for the pilot project.
Operator further acknowledges award of a contract for the pilot project does not guarantee
continuation of the program or renewal of the contract.
i. Operator further agrees that the method of award is acceptable.
j. If selected, the Operator agrees to comply with all requirements stated in Attachment 1,
Shared Mobility Document, City’s Service Agreement and CSU’s Service Agreement.
Exceptions will be considered during the negotiation process.
k. Operator acknowledge receipt of addenda.
Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
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Title: Email Address:
Phone: Cell Phone:
NOTE: OPERATOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR
PROPOSAL.
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ATTACHMENT 1
SHARED MOBILITY REQUIREMENTS
1. Device Requirements:
a) Devices must have a maximum speed of 15 miles per hour (mph).
b) Device speed should be governed in CSU Dismount Zones and Pedestrian Mixing
Zones.
c) Devices must be equipped with:
i. A signaling light to demonstrate a change in direction of the device.
ii. A white headlight to the front, which illuminates the road in front of the rider
and is visible from a distance of 500 feet in front and from the sides;
iii. A red reflector on the rear, visible from 600 feet; and
iv. White or yellow reflectors on each side visible from the front and rear of the
device from 600 feet.
d) Devices must be equipped with GPS technology or other installed software in order to
track and manage operations. Operator must be able to employ geofencing technology
to ensure proper parking and operating behavior. Devices and associated
technology/software must adhere to wireless communication access and cellular
signal requirements and must maintain unrestricted public access.
e) Each device must be individually numbered or otherwise labeled with a unique
identification number that is clearly visible.
f) All devices must be registered by the Operator prior to deployment with the Colorado
State University Police Department (CSUPD).
g) Devices must clearly display Operator’s company name and customer service contact
information including a toll-free number.
h) Advertisements on devices, other than identifying Operator branding, must be
submitted and approved in writing by the City and CSU.
i) Operator is responsible for printing and affixing all device labels and similar
attachments at its own cost.
2. Permitting Process and Costs:
a) Operator must apply for and be issued a Shared Mobility Encroachment Permit (for
general operation in the ROW) and a Shared Mobility Parking Station Encroachment
Permit, if applicable. The permit fee schedule for the pilot period is as follows:
i. Shared Mobility Encroachment Permit
(1) $10 per device, due upon permit issuance based on approved fleet size to
include any “buffer stock” required. In the event the fleet size is increased,
Operator must pay the per device fee prior to entering a device into service.
The City will determine, in its sole discretion, how to utilize and allocate
these funds.
ii. Shared Mobility Parking Station Encroachment Permit
(1) $500 parking station permit fee, due upon permit issuance
iii. Annual Shared Mobility Payments and Fees
(1) $30,000 annual payment to the City
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(2) Annual per device fee to the City, to be proposed by each respondent to
the RFP.
(3) Annual per device fee to CSU, to be proposed by each respondent to the
RFP.
(4) Annual payment to CSU to cover program costs, to be proposed by each
respondent to the RFP.
b) Operator must register each unit with CSUPD with the unique identification noted
above. Each unit will require a $10.00 fee for registration. A CSUPD registration sticker
must be affixed to the steering apparatus of the shared mobility device.
c) Operator will pay all costs related to: device purchase/maintenance/replacement,
installation, launch, operations, billing and collections, charging, rebalancing,
insurance, taxes, marketing, and signage, including but not limited to permitted parking
location signage.
3. Parking:
a) Operator must communicate parking rules and fees and other consequences
associated with non-compliance to parking rules to each user, including Operator
employees using or moving devices. The Operator is solely responsible for ensuring
each device is parked in compliance with all rules and will be held accountable for all
violations of the rules. The rules, which shall be subject to change from time-to-time at
the City’s and CSU’s sole option are as follows:
i. Users must park devices upright on hard surfaces in the parkway zone of the
sidewalk, beside a bicycle rack or in another area specifically designated for
shared mobility device parking.
ii. On CSU’s campuses, Users must park devices upright on hard surfaces in
areas designated by CSU, typically located beside a bicycle rack and indicated
by appropriate signage provided by Operator subject to CSU’s approval. CSU
reserves the right to change designated parking areas at any time during the
contract upon 15 days’ notice to the Operator, and Operator will be responsible
for the costs of moving any equipment.
iii. Users may not park devices in such a manner as to block the pedestrian zone
area of the sidewalk; any fire hydrant, call box, or other emergency facility; bus
bench; stormwater improvement, or utility pole or box.
iv. Users may not park devices in such a manner as to impede or interfere with
the reasonable use of any commercial window display, sign display, or access
to or from any building (including emergency exits),
v. Users may not park devices in such a manner as to impede or interfere with
the reasonable use of any bicycle rack, news rack, or parkway that requires
pedestrian access, including, but not limited to, benches, parking pay stations,
and transit information signs.
vi. Users may not park devices in on-street parking spaces, unless in a designated
device parking area.
vii. Users may not park devices on blocks without sidewalks unless in a designated
device parking area.
viii. As per CSU’s Wheeled Conveyance Policy, shared mobility devices shall not
enter or be parked inside any campus building.
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ix. Users may not park devices in the parkway zone directly adjacent to or within
the following areas:
(1) Transit zones, including bus stops, shelters, passenger waiting areas and
bus layover and staging zones, except at existing bicycle racks;
(2) Loading zones;
(3) Disabled parking zones;
(4) Curb ramps;
(5) Entryways; or
(6) Driveways.
b) Operator may stage devices in permitted device parking areas as described in this
section. To the extent Operator desires to stage devices in areas other than the public
ROW, Operator must do so in compliance with the Municipal Code and must first
obtain the permission to do so from the appropriate City department, CSU Parking and
Transportation Services, property owner, or public agency.
c) Operator will be required to implement and administer at its own cost an on-going plan
to educate users, encourage parking compliance, and keep sidewalks free of device
clutter.
d) Operator will be required to implement and administer at its own cost an on-going plan
to address special event parking and staffing.
4. Operations:
a) Operator will be solely responsible for maintaining the devices at its own cost.
b) Operator will work with the City and CSU to develop charging workforce standards for
who can become a charger in the city.
c) Operator will administer operating hours from dawn to dusk (a half hour before sunrise
until a half hour after sunset).
d) Operator will rebalance the devices periodically throughout the day and evening with
a full location reset each morning, no later than 7am.
e) Operator will respond to requests from City and CSU staff, the public, business
owners, etc., for rebalancing, reports of incorrectly parked devices, or reports of
unsafe/inoperable devices by relocating, re-parking, or removing the devices, as
appropriate, and correct non-compliance within 2 hours of receiving notice.
f) In the event an incorrectly parked device is not relocated, re-parked, or removed, or
an unsafe/inoperable device is not removed within the timeframe specified in the City’s
Lost, Abandoned, Unclaimed or Unattended Tangible Personal Property policy, such
devices may be removed by City crews and either placed in an adjacent permitted
parking area (applies only to Operator-owned devices), or taken to a City facility for
storage.
g) In the event a device is parked in one location for more than is allowable under City
Code without moving, such devices may be removed by City crews and taken to a City
facility for storage.
h) The City and CSU will provide Operator with a GIS layer indicating where the devices
can be operated and parked and where they cannot, as well as where they will have
to be slowed down either by the user or Operator.
i) The City and CSU will assume no liability for loss, stolen or damage to Operator’s
devices or other property. The City and CSU will not be responsible for providing
security at any location where Operator’s devices are stored, parked or otherwise
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located, and Operator must waive any claim against the City and CSU in the event its
devices or other property are lost, stolen or damaged.
5. User Experience and Support:
a) Operator will provide device user with engaging educational materials, advertising and
trainings that include rules for safe operation and parking.
b) Operator will require user to review safety information and agree to obey traffic laws
(such as those related to intoxicated riding, yielding to pedestrians, obeying the
Downtown Dismount Zone requirements, prohibited use on trails, etc.) and local
operations (e.g. parking) rules before user begins a ride.
c) Operator will require user to review information regarding the process to follow for
traffic violations and citations.
d) Operator will take steps to encourage user helmet, goggle and reflective gear use and
compliance with pertinent City Code and State law. (Colorado State law does not
require e-scooter users 18 years of age or older to wear a helmet as per Colorado
Revised Statutes, Title 42. Vehicles and Traffic, Regulation of Vehicles and Traffic,
Article 4. Regulation of Vehicles and Traffic, Part 14. Other Offenses.)
e) Operator will discourage users from riding in City and CSU-designated no-ride or
dismount zones through education and/or technological enforcement. In the event of
one or more violations of the user agreement, Operator may issue warnings, and
terminate user membership.
f) Operator will maintain 24-hour call center customer service for users to report safety
concerns, complaints, or to ask questions. Operator will also maintain a multilingual
website, call center, and/or mobile app customer interface that is available twenty-four
hours a day, seven days a week. The aforementioned must be compliant with the
Americans with Disabilities Act. The customer service phone number must be clearly
labeled on each device.
g) Operator will be responsible for developing a plan for education, including marketing
and targeted community outreach to provide and promote services, particularly among
low income and underserved communities. Operator will implement the plan at its own
cost.
6. Equity:
a) Operator will be responsible for developing a plan outlining how it will make service
accessible to and convenient for low-income, disadvantaged, and other marginalized
populations (see “vulnerable areas” defined in the Health & Equity Index in the City’s
Trends & Forces Report.)
b) The plan must detail how the Operator will make service available to those without
smart phones or credit cards. The plan must provide proposed rate structure for all
users, including any discount programs that will be available for certain user groups.
Operator will implement the plan at its own cost. Any changes to the rate plan is
subject to the City’s review and written approval.
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7. Transportation Hierarchy:
a) Operator will be responsible for developing a plan to encourage first mile/last mile
shared mobility device use, which should include incentivizing users to return to public
transit locations. Operator will implement the plan at its own cost.
b) Operator will be responsible for creating a program that will complement the existing
Fort Collins bikeshare program and Transfort service.
c) The plan must be consistent with CSU’s Principles of Community.
8. Data Sharing and Surveys:
a) Operator will be responsible for developing a plan for collecting and sharing required
user, performance, program costs, user fees and other data to the City and CSU. The
plan must detail how the data will be shared with the City and CSU, including method
and frequency (e.g., API in real-time, monthly reports in electronic format). Operator
will implement the plan at its own cost.
b) Operator will share, at a minimum, the following data with the City and CSU to help
determine demand for shared mobility devices and rebalancing priorities:
i. Utilization rates
ii. Total downloads of web application, active users, and repeat users
iii. Total trips by day of week, time of day
iv. Origins, destinations depicted in graphical and table format by month
v. Trips originating/terminating in both the City and CSU campus serviceable
areas
vi. Trips per device by day of week, time of day
vii. Average trip distance
viii. Average trip speed
ix. Trips originating or ending in “vulnerable areas” as defined in the Health &
Equity Index in the City’s Trends & Forces Report
x. Summarized incidents of theft and vandalism
xi. Device maintenance reports
xii. Summarized user complaints
xiii. Number of users participating in discount programs, by program type (if
applicable)
xiv. Summarized accidents and crashes
xv. Number of users assessed fee for incorrectly parking shared mobility device
xvi. Payment methods
c) Operator will conduct an annual survey in coordination with the City and CSU and
provide an annual evaluation report that includes member statistics, economic impacts
for users, safety, operational efficiency, financial performance, and impact on
automobile, transit, and bike use in the City.
d) Operator will participate in calls or meetings with the City and/or CSU as requested,
frequency not to exceed one per month.
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9. Risk and Liability
a) The Operator must obtain and maintain insurance as outlined Exhibit C of the City’s
Sample Agreement, Attachment 2.
b) The Operator must obtain and maintain insurance as outlined in Section VIII.10 of
CSU’s Independent Services Agreement, Attachment 3.
c) The Operator must defend, indemnify and hold the City and CSU harmless from any
and all claims associated with the services, including but not limited to claims from
users, members of the public injured by users, employees, contractors, subcontractors
and any other individual involved with Operator with providing the services.
d) The Operator must provide the City with a letter of credit in the amount of $300,000
which gives the City and/or CSU the unilateral right to draw upon the letter of credit to
enforce insurance or indemnity obligations.
e) The Operator must respond to City and CSU police inquires including, but not limited
to criminal investigations, accidents and other violations within a reasonable timeframe
to be determined by the City and CSU and will cooperate with all requests from City
and CSU police for the duration of the pilot period.
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ATTACHMENT 2
CITY SAMPLE AGREEMENT
(FOR REFERENCE ONLY – DO NOT SIGN )
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 , 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 the
scope of services attached hereto as Exhibit A, consisting of ( ) page(s) and
incorporated herein by this reference. Irrespective of references in Exhibit A to certain
named third parties, Service Provider shall be solely responsible for performance of all
duties hereunder.
2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule attached hereto as Exhibit ,
consisting of ( ) page(s), and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within ( ) days following execution
of this Agreement. Services shall be completed no later than . 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 , 20 , and shall continue in
full force and effect until , 20 , 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 ( ) additional one year periods. Renewals and pricing
changes shall be negotiated by and agreed to by both parties. Written notice of renewal
shall be provided to the Service Provider and mailed no later than thirty (30) 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
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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:
Service Provider: City: Copy to:
Attn:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
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.
7. Contract Sum. The City shall pay the Service Provider for the performance of this Contract,
subject to additions and deletions provided herein, ($ ) as per the attached
Exhibit " ", consisting of page(s), 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. 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. 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 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.
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11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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,
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employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties.
17. 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 , 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 Purchasing Director, 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.
18. 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.
19. 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.
20. 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.
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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.
21. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of one
(1) page, attached hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER'S NAME
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
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EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT B
(BID SCHEDULE/COMPENSATION)
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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 reduce coverage or limits and
will not be cancelled, except after thirty (30) days written notice has been received
by the City of Fort Collins.”
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider 's general liability and automobile liability insurance
policies for any claims arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $1,000,000 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.
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EXHIBIT
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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ATTACHMENT 3
CSU SAMPLE AGREEMENT
(FOR REFERENCE ONLY – DO NOT SIGN )
INDEPENDENT SERVICES CONTRACT
I. PARTIES
The Parties to this Independent Services Contract (“Agreement”) are The Board of Governors of
the Colorado State University System, acting by and through Colorado State University, a body
corporate and an institution of higher education of the State of Colorado, for the use and benefit
of Insert Dept Name (hereinafter called the “University” or “CSU”); and Insert Contractor's Name
(hereinafter called “Contractor”), a [Select One] existing under the laws of the state of Insert
State (collectively, the “Parties”).
II. RECITALS
WHEREAS, authority to enter into this Agreement arises from C.R.S. §§ 23-30-102, 23-30-120,
and 23-31-101, et seq.; funds have been budgeted, appropriated and otherwise made available;
and a sufficient unencumbered balance thereof remains available for payment of this
Agreement in fund number _________; and
WHEREAS, the Contractor was selected pursuant to [Select One] number [n/a].
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein
and other good and valuable consideration, the Parties agree to all recitals, terms, conditions
and provisions contained herein.
III. TERM
Effective Date:
This Agreement shall commence on the Effective Date, which shall be the later of the
date that it is signed by the Colorado State University Controller or the Controller’s authorized
delegate or Insert Date or N/A. This Agreement shall not be effective or enforceable and the
University shall not be liable to pay the Contractor for performance hereunder until it is approved
and signed by the Colorado State University Controller or authorized designee. The Contractor
shall not begin work before receiving a fully executed agreement and instructions to proceed.
Initial Term:
The Initial Term of this Agreement shall commence on the Effective Date and shall
terminate on Insert Date or Applicable Timeframe, unless sooner terminated or further extended
as specified elsewhere herein.
Option to Extend:
By Mutual Agreement: The Parties may, upon mutual written agreement, extend this
Agreement for an additional term of Insert number of years or months (the “Renewal Term”).
Automatic Renewal: Upon expiration of the Initial Term this Agreement shall
automatically renew for Insert number and length of renewal terms.
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The total duration of this Agreement, including any Renewal Term(s), shall not exceed Insert
time period--max. 5 years.
IV. PURPOSE / SCOPE OF WORK
Purpose:
The purpose of this Agreement is for Briefly describe the Agreement's purpose.
Scope of Work:
Contractor shall complete its obligations as described in the Scope of Work attached
hereto as Exhibit A on or before the end of the Initial Term or such other date(s) for completion
of the Scope of Work or portions of the Scope of Work as may be specified in Exhibit A.
Contractor shall procure goods and services necessary to complete the Scope of Work. Such
procurement shall be accomplished using the contract funds paid hereunder and shall not
increase the maximum amount payable by the University unless otherwise specifically
authorized in the Scope of Work.
V. PAYMENT TERMS
This is a fixed-price Agreement.
Payment for all services performed by Contractor under this Agreement shall be
in the fixed sum of $[enter dollar amount] payable upon invoice after satisfactory completion of
the work, except insofar as a payment schedule or other terms and conditions are set forth in
Exhibit B, which, if applicable, is attached hereto and incorporated by this reference.
This is not a fixed price Agreement.
The price is to be determined according to time and materials or other method of
calculation as more fully described in Exhibit B, which is attached and incorporated by this
reference. The total amount to be paid to Contractor shall not exceed $[enter dollar amount]
and the basis for all charges shall be clearly identified on Contractor’s invoice(s). No payment
shall be made for services or deliverables except as specified in this Agreement unless further
agreed and approved in writing.
Advance Payments: (Only applicable if checked.) Any advance payments required under
this Agreement shall only be allowed if specially authorized by the Colorado State University
Controller or delegate in compliance with the Colorado State University System Fiscal Rules.
Advance Payment Approval: the undersigned represents that he or she is duly authorized
to approve the advance payment to Contractor as required under this Agreement, in the amount
of $[enter dollar amount] and that an adequate basis for approval exists pursuant to Colorado
State University System Fiscal Rule 2.1, and, if applicable, the delegate’s specific written
delegation conditions.
By:
Name:
Date:
VI. REPRESENTATIVES AND NOTICES
The individuals identified below are the designated representatives of the Parties. All notices
required to be given hereunder shall be hand delivered with receipt required OR sent by
certified or registered mail to such Party’s designated representative at the address set forth
below. In addition to, but not in lieu of, a hard-copy notice, notice also may be sent to the email
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addresses set forth below. Either Party may from time to time designate substitute addresses or
persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall
be effective upon receipt.
UNIVERSITY:
Name of Contract Monitor
Campus Mail Address
Colorado State University
Fort Collins, CO 80523-
Email: Email
Telephone: Telephone #
With a copy to:
Office of the General Counsel / Contracting
Services
6010 Campus Delivery
Colorado State University
Fort Collins, CO 80523-6010
Email: contracts@colostate.edu
Telephone: 970-491-6166
CONTRACTOR:
Name and Title
Address 1
Address 2
City, State Zip
Email: Email
Telephone: Telephone#
This is an International Agreement: (Only applicable if checked.)
An international agreement with a non-U.S. contractor requires approval by the CSU
Export Control Administrator or the Office of the General Counsel.
By:
*Signature
Name:
Title: ______________________________
VII. EXHIBITS
If checked, the following exhibits are attached and hereby made a part of this Agreement:
Exhibit A: Scope of Work
Exhibit B: Price, Cost and Payment Provisions
Exhibit C: Federal Funds Addendum
Exhibit D: ___________________ (please specify)
Exhibit E: ___________________ (please specify)
If checked, the following exhibits are hereby incorporated and made a part of this Agreement:
Exhibit F: ___________________ (please specify)
Exhibit G: ___________________ (please specify)
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VIII. GENERAL TERMS AND CONDITIONS
(1) Independent Contractor: Contractor, and all persons employed or engaged by
Contractor to perform under the attached Scope of Work, shall perform as an independent
contractor and not an employee or agent of the University. The means and methods of
performance are to be determined by the Contractor in order to achieve the results required
under the Scope of Work. Contractor shall perform its obligations hereunder in accordance with
the highest standards of care, skill and diligence in Contractor’s industry, trade, or profession
and in the sequence and manner set forth in this Agreement. Contractor and its employees and
agents are not entitled to unemployment insurance or workers compensation benefits through
the State and the State shall not pay for or otherwise provide such coverage for Contractor or
any of its agents or employees. Unemployment insurance benefits shall be available to
Contractor and its employees and agents only if such coverage is made available by Contractor
or a third party. Contractor shall pay when due all applicable employment taxes and income
taxes and local head taxes incurred pursuant to this Agreement. Contractor shall not have
authorization, express or implied, to bind the University to any contract, liability or
understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in
force workers’ compensation and unemployment compensation insurance in the amounts
required by law, (b) provide proof thereof when requested by the State, and (c) be solely
responsible for its acts and those of its employees and agents.
(2) Inspection/Monitoring: The University reserves the right to inspect Contractor’s
performance at all reasonable times and places during the term of this Agreement, including any
extensions or renewals. If Contractor’s performance fails to conform to the requirements of this
Agreement, the University may require Contractor promptly to come into conformance at
Contractor’s sole expense. If Contractor’s performance cannot be brought into conformance by
such corrective measures, the University may exercise any or all of the remedies available
under this Agreement, at law or in equity. Contractor shall permit the University, the federal
government, and governmental agencies having jurisdiction, in their sole discretion, to monitor
all activities conducted by Contractor pursuant to the terms of this Agreement using any
reasonable procedure.
(3) Late Payments / Interest: The University shall pay each invoice within 30 days of receipt
thereof, for the work performed by Contractor and accepted by the University. If the University
contests any amount invoiced, it shall pay the uncontested amount and provide a written
statement of the reason(s) for withholding the remaining amount together with such partial
payment. Uncontested amounts not paid by the University within 45 days after due date shall
bear interest on the unpaid balance beginning on the 46th day at a rate not to exceed one
percent (1.0%) per month until paid in full; provided, however, that interest shall not accrue on
unpaid amounts that are subject to a good faith dispute. Contractor shall invoice the University
separately for accrued interest on delinquent amounts. The billing shall reference the delinquent
payment, the number of days’ interest to be paid, and the interest rate.
(4) Fund Availability: Financial obligations of the University payable after the current fiscal
year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise
made available. If federal funds are used to fund this Agreement, in whole or in part, the
University’s performance hereunder is contingent upon the continuing availability of such funds
and Exhibit C attached hereto is incorporated herein by this reference. If such funds are not
appropriated, or otherwise become unavailable, the University may terminate this Agreement
immediately, in whole or in part, without further liability in accordance with the provisions hereof
and shall remit payment to the Contractor for its performance prior to termination. If the amount
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due cannot readily be determined from this Agreement, then the amount shall be calculated on
a pro rata basis according to the percentage of the entire Scope of the Work that was completed
and accepted by University.
(5) Contractor Records: Contractor shall make, keep and maintain a complete file of all
records, communications and documents pertaining in any manner to its performance
hereunder. Contractor shall maintain such records for a period of at least three (3) years until
the last to occur of: (i) the date this Agreement expires or is sooner terminated, (ii) final payment
is made hereunder, (iii) the resolution of any pending Agreement matters, or (iv) if an audit is
occurring, or Contractor has received notice that an audit is pending, until such audit has been
completed and its findings have been resolved (collectively, the “Record Retention Period”).
Contractor shall permit the University (and, if federal funds are used in the payment of this
Agreement, the federal government), and any duly authorized agent of either, to audit and
inspect Contractor’s records during the Record Retention Period to assure compliance with the
terms hereof or to evaluate performance hereunder.
(6) Confidential Information: Confidential Information (or “CI”) as used in this Agreement,
shall include any and all documents, materials, data or information disclosed by one Party (the
“Disclosing Party”) to the other Party (the “Recipient”) that (i) is clearly identified as CI at the
time of disclosure, or (ii) the Recipient knows to be CI of the Disclosing Party. CI shall not
include any information which at the time of disclosure is in the public domain, or which after
disclosure is published or otherwise becomes part of the public domain in any manner other
than by violation of this Agreement; or was in the possession of the Recipient at the time of
disclosure. CI shall not include information required to be disclosed pursuant to the Colorado
Open Records Act, C.R.S. §§ 24-72-200.1, et seq. (“CORA”). The Parties shall keep all CI
secret at all times and comply with all laws and regulations concerning confidentiality of such
information. Any request or demand by a third party for CI shall be immediately forwarded to the
Disclosing Party’s designated representative. If disclosure of the CI is required pursuant to
CORA or to any lawful subpoena, court order, or other legal process, it shall be the sole
responsibility of the Disclosing Party to initiate and prosecute a legal action to prevent, limit or
prohibit the disclosure, at its own expense. The Recipient shall reasonably cooperate with the
Disclosing Party with respect to any such legal action, but shall always have the right to proceed
as it believes, in its sole discretion and judgment, to be required in accordance with the law.
(7) Licenses, Permits and Other Authorizations: Contractor represents and warrants that as
of the Effective Date it has, and that at all times during the term hereof it shall have and
maintain, at its sole expense, all licenses, certifications, approvals, insurance, permits, and
other authorizations required by law to perform its obligations hereunder. Contractor, if a
foreign corporation or other foreign entity transacting business in the State of Colorado, further
warrants that it currently has obtained and shall maintain a business registration with the
Colorado Secretary of State and has designated a registered agent in Colorado to accept
service of process. Any revocation, withdrawal or non-renewal of licenses, certifications,
approvals, insurance, permits or any such similar requirements necessary for Contractor to
properly perform the terms of this Agreement is a material breach by Contractor and constitutes
grounds for termination of this Agreement.
(8) Compliance with Law: Contractor shall strictly comply with all applicable federal and
State laws, rules, and regulations in effect or hereafter established, including, without limitation,
laws applicable to discrimination and unfair employment practices. Contractor agrees to comply
with laws that relate to the export of technical data or equipment, such as International Traffic in
Arms Regulations (“ITAR”) and/or Export Administration Act/Regulations (“EAR”) and all such
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regulations and orders as currently in effect or hereafter amended. Contractor shall not disclose
any export-controlled information, or provide any export-controlled equipment or materials to
University without prior written notice. In the event that University agrees to receive such
export-controlled information, equipment or materials, Contractor shall (i) include the Export
Control Classification Number (ECCN) or ITAR notice on the packing documentation, and
(ii) send an electronic copy of the ECCN number or ITAR notice documentation to
vpr_export_control@Mail.Colostate.edu.
(9) Discrimination Prohibited: Contractor and its subcontractors shall abide by the
requirements of 41 CFR 60-741.5(a). This regulation prohibits discrimination against qualified
individuals on the basis of disability, and requires affirmative action by covered contractors and
subcontractors to employ and advance in employment qualified individuals with disabilities.
Contractor and its subcontractors shall also abide by 41 CFR 60-300.5(a). This regulation
prohibits discrimination against qualified protected veterans, and requires affirmative action by
covered contractors and subcontractors to employ and advance in employment qualified
protected veterans.
(10) Insurance:
A. The Contractor shall obtain, and maintain at all times during the term of this
Agreement, insurance in the following kinds and amounts:
1. Workers’ Compensation Insurance as required by state statute, and
Employer’s Liability Insurance covering all of Contractor’s employees acting within the course
and scope of their employment.
2. Commercial General Liability Insurance written on ISO occurrence form
CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent
contractors, products and completed operations, blanket contractual liability, personal injury,
and advertising liability with minimum limits as follows:
a. $1,000,000 each occurrence;
b. $1,000,000 general aggregate;
c. $1,000,000 products and completed operations aggregate; and
d. $50,000 any one fire.
If any aggregate limit is reduced below $1,000,000 because of claims made or paid, the
Contractor shall immediately obtain additional insurance to restore the full aggregate limit and
furnish to the University a certificate or other document satisfactory to the University showing
compliance with this provision. Notwithstanding this subsection A, if the Contractor is a “public
entity” within the meaning of the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101, et
seq., as amended (“CGIA”), the Contractor shall at all times during the term of this Agreement
maintain such liability insurance, by commercial policy or self-insurance, as is necessary to
meet its liabilities under the CGIA. Upon request by the University, the Contractor shall show
proof of such insurance satisfactory to the University.
3. Automobile Liability Insurance covering any auto (including owned, hired
and non-owned autos) with a minimum limit as follows: $1,000,000 each accident combined
single limit.
4. (Only if checked .) Professional Liability Insurance with minimum limits
of liability of not less than $1,000,000.
5. (Only if checked .) Crime / Employee Dishonesty Insurance with
minimum limits of liability of not less than $1,000,000.
B. The Board of Governors of the Colorado State University System acting by and
through Colorado State University, a division of the State of Colorado, shall be named as
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additional insured on the Commercial General Liability and Automobile Liability Insurance
policies (leases and construction contracts will require the additional insured coverage for
completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). Coverage
required under the Agreement will be primary over any insurance or self-insurance program
carried by the State of Colorado.
C. Contractor shall notify University at least 45 days prior to cancellation or non-
renewal of the required insurance coverage.
D. The Contractor will require all insurance policies in any way related to the
Agreement and secured and maintained by the Contractor to include clauses stating that each
carrier will waive all rights of recovery, under subrogation or otherwise, against the State of
Colorado, its agencies, institutions, organizations, officers, agents, employees and volunteers.
E. All policies evidencing the insurance coverage required hereunder shall be
issued by insurance companies satisfactory to the University.
F. Upon written request, the Contractor shall, within ten (10) days, provide to the
University certificates showing insurance coverage required by this Agreement. If requested by
University, no later than 15 days prior to the expiration date of any such coverage, the
Contractor shall deliver to the University certificates of insurance evidencing renewals thereof.
At any time during the term of this Agreement, the University may request in writing, and the
Contractor shall thereupon within ten (10) days’ supply to the University, evidence satisfactory
to the University of compliance with the provisions of this section.
G. Self-insurance programs do not meet the State’s or the University’s insurance
requirements unless the Contractor provides satisfactory evidence of a loss reserve fund of not
less than the minimum coverage amount specified herein, plus excess liability coverage as
appropriate to the industry; financial statements of the business; and proof of Department of
Labor certification of self-insurance program for worker’s compensation.
(11) Default: The failure of either Party to perform any of its material obligations hereunder in
whole or in part or in a timely or satisfactory manner constitutes an event of default. The
institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or
against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its
property, which is not vacated or fully stayed within 20 days after the institution or occurrence
thereof, shall also constitute an event of default. In the event of a default, notice shall be given
in writing by the non-defaulting Party to the defaulting Party. If such default is not cured within
30 days of receipt of written notice, or if a cure cannot reasonably be expected to be completed
within 30 days, or if cure has not begun within 30 days and pursued with due diligence, then the
defaulting Party shall be in breach of this Agreement, and the non-defaulting Party may
terminate the Agreement pursuant to any of the remedies contained herein. Notwithstanding
anything to the contrary herein, the University, in its sole discretion, need not provide advance
notice or a cure period and may immediately terminate this Agreement in whole or in part if
reasonably necessary to preserve public safety or to prevent immediate and/or irreparable
harm.
(12) Remedies for Default - Termination: In the event of default, either Party may terminate
this Agreement in its entirety upon written notice. The University may terminate this Agreement
in whole or in part. Exercise by the University of this right shall not be a breach of its obligations
hereunder. Contractor shall continue performance of this Agreement to the extent not
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terminated, if any and may incur obligations as are necessary to do so within this Agreement’s
terms. To the extent specified in any termination notice, Contractor shall not incur further
obligations or render further performance hereunder past the effective date of such notice, and
shall terminate outstanding orders and subcontracts with third parties. Upon termination,
Contractor shall take timely, reasonable and necessary action to protect and preserve property
in the possession of Contractor in which the University has an interest. All materials owned by
the University in the possession of Contractor shall be immediately returned to the University.
Any completed deliverables, at the option of the University, shall be delivered by Contractor to
the University and shall become the University’s property. The University shall remunerate
Contractor only for accepted performance up to the date of termination.
Notwithstanding any other remedial action by the University, Contractor shall remain
liable to the University for any damages sustained by the University by virtue of any default
under this Agreement by Contractor and the University may withhold any payment to Contractor
for the purpose of mitigating the University’s damages, until such time as the exact amount of
damages due to the University from Contractor is determined. Contractor shall be liable for
excess costs incurred by the University in procuring from third parties replacement goods and
services as cover.
(13) Remedies for Default – Not Involving Termination: The University, in its sole discretion,
may exercise one or more of the following remedies in addition to other remedies available to it:
A. Suspend Contractor’s performance with respect to all or any portion of this
Agreement pending necessary corrective action as specified by the University without entitling
Contractor to an adjustment in price/cost or performance schedule. Contractor shall promptly
cease performance and incurring costs in accordance with the University’s directive and the
University shall not be liable for costs incurred by Contractor after the suspension of
performance under this provision.
B. Withhold payment to Contractor until corrections in Contractor’s performance are
satisfactorily made and completed.
C. Deny payment for those obligations not performed that, due to Contractor’s
actions or inactions, cannot be performed or, if performed, would be of no value to the
University; provided, that any denial of payment shall be reasonably related to the value to the
University of the obligations not performed.
D. Notwithstanding any other provision herein, the University may demand
immediate removal of any of Contractor’s employees, agents, or subcontractors whom the
University deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable,
or whose continued relation to this Agreement is deemed to be contrary to the public interest or
the University’s best interest.
(14) Intellectual Property Infringement: If Contractor infringes on a patent, copyright,
trademark, trade secret or other intellectual property right while performing its obligations under
this Agreement, Contractor shall, at the University’s option (i) obtain for the University or
Contractor the right to use such products and services; (ii) replace any goods, services, or other
product involved with non-infringing products or modify them so that they become non-
infringing; or (iii) if neither of the foregoing alternatives are reasonably available, remove any
infringing goods, services, or products and refund the price paid thereof to the University.
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(15) Termination for Convenience: The University is entering into this Agreement for the
purpose of carrying out the public policy of the State, as determined by its Governor, General
Assembly, and/or Courts and by the Board of Governors of the Colorado State University
System, acting by and through its authorized representatives for the University. If, in the sole
discretion and judgment of the University, this Agreement ceases to further the public policy of
the State or otherwise ceases to benefit the University, University may terminate this Agreement
in whole or in part upon not less than 30 days’ written notice. Exercise by the University of this
right shall not constitute a breach of the University’s obligations hereunder.
(16) Work Product / Rights in Data, Documents and Computer Software: Any software,
research, reports, studies, data, photographs, negatives or other documents, drawings, models,
materials, or deliverables of any type, including drafts, prepared by Contractor in the
performance of its obligations under this Agreement (“Work Product”) shall be the exclusive
property of the University and all Work Product shall be delivered to the University by Contractor
upon completion or termination hereof. The University’s exclusive rights in such Work Product
shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare
derivative works. Contractor shall not use, willingly allow, cause or permit such Work Product to
be used for any purpose other than the performance of Contractor’s obligations hereunder
without the prior written consent of the University. Work Product shall not include the materials,
methods, software, or other intellectual property in existence and owned by the Contractor prior
to the Effective Date which is subsequently utilized in the Contractor’s performance hereunder.
Any University data or University-provided data utilized by Contractor in performance hereunder
shall remain the property of University and shall be destroyed upon Contractor’s completion of
performance hereunder, using industry standard methods, unless one of the following methods
is checked:
Return data to University in format mutually agreeable to the Parties.
Make data available to the University for 90 days following conclusion of the
performance hereunder, after which time the Contractor shall destroy the data using
industry standard methods.
(17) University Liability / Governmental Immunity: Liability for claims for injuries to persons or
property arising from the negligence of the University, its departments, Board, officials, and
employees is at all times herein strictly controlled and limited by the provisions of the CGIA, as
now and hereafter amended. Nothing in this Agreement shall be deemed or applied as a waiver
of such immunities. In no event will the University or the State of Colorado be liable for any
special, indirect, or consequential damages, even if the University or the State has been
advised of the possibility thereof. As an institution of the State of Colorado, the University is not
authorized to indemnify any party, public or private, as against the claims and demands of third
parties and any such indemnification provision in this Agreement shall be null and void.
(18) Contractor Indemnification: Contractor shall indemnify, save, and hold harmless the
State of Colorado, the University, and their employees and agents, against any and all claims,
damages, liability and court awards including costs, expenses, and attorney fees and related
costs, incurred as a result of any act or omission by Contractor, or its employees, agents,
subcontractors, or assignees pursuant to the terms of this Agreement. If Contractor is a public
entity, then provisions hereof shall be applicable to the extent authorized by law, and not
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protection, or other provisions, of the CGIA or the Federal Tort Claims Act, 28 U.S.C.
2671, et seq., as applicable, as now or hereafter amended.
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(19) Assignment and Subcontracts: Contractor’s rights and obligations hereunder are
personal and may not be transferred, assigned or subcontracted without the prior, written
consent of the University. Any attempt at assignment, transfer, subcontracting without such
consent shall be void. All assignments, subcontracts, or subcontractors approved by Contractor
or the University are subject to all of the provisions hereof including insurance requirements.
Contractor shall be solely responsible for all aspects of subcontracting arrangements and
performance. Copies of any and all subcontracts entered into by Contractor to perform its
obligations hereunder shall be submitted to the University or its designated representative upon
request by the University. Any and all subcontracts entered into by Contractor related to its
performance hereunder shall comply with all applicable federal and state laws and shall provide
that such subcontracts be governed by the laws of the State of Colorado.
(20) Complete Agreement: This Agreement represents the complete integration of all
understandings between the Parties and all prior representations and understandings, oral or
written, are merged herein. Prior or contemporaneous additions, deletions, or other changes
hereto shall not have any force or effect whatsoever, unless embodied herein. All provisions
herein contained, including the benefits and burdens, shall extend to and be binding upon the
Parties’ respective heirs, legal representatives, successors, and permitted assigns. The
captions and headings in this Agreement are for convenience of reference only, and shall not be
used to interpret, define, or limit its provisions.
(21) Amendments: Except as specifically provided in this Agreement, modifications of this
Agreement shall not be effective unless agreed to in writing by both Parties in an amendment to
this Agreement, properly executed and approved in accordance with applicable Colorado state
laws, regulations and Colorado State University System Fiscal Rules. This Agreement is
subject to such modifications as may be required by changes in federal or Colorado state law,
or their implementing regulations. Any such required modification automatically shall be
incorporated into and be part of this Agreement on the effective date of such change, as if fully
set forth herein.
(22) Severability/Waiver: Provided this Agreement can be executed and performance of the
obligations of the Parties accomplished within its intent, the provisions hereof are severable and
any provision that is declared invalid or becomes inoperable for any reason shall not affect the
validity of any other provision hereof, provided that the Parties can continue to perform their
obligations under this Agreement in accordance with its intent. Waiver of any breach under a
term, provision, or requirement of this Agreement, or any right or remedy hereunder, whether
explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any
subsequent breach of such term, provision or requirement, or of any other term, provision, or
requirement.
(23) Choice of Law, Venue and Jurisdiction: Colorado law, and rules and regulations issued
pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this
Agreement. Any provision included or incorporated herein by reference which conflicts with said
laws, rules, and regulations shall be null and void. Any provision rendered null and void by the
operation of this provision shall not invalidate the remainder of this Agreement, to the extent
capable of execution. All suits or actions related to this Agreement shall be filed and
proceedings held in the State of Colorado District Court, and exclusive venue shall be in the
County of Larimer. The University does not agree to binding arbitration by any extra-judicial
body or person. Any provision to the contrary in this Agreement or incorporated herein by
reference shall be null and void.
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(24) Third Party Beneficiaries: Enforcement of this Agreement and all rights and obligations
hereunder are reserved solely to the Parties. Any services or benefits which third parties receive
as a result of this Agreement are incidental to the Agreement, and do not create any rights for
such third parties.
(25) Software Piracy Prohibition (Governor’s Executive Order D 002 00): University or other
public funds payable under this Agreement shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing
restrictions. Contractor hereby certifies and warrants that, during the term of this Agreement and
any extensions, Contractor has and shall maintain in place appropriate systems and controls to
prevent such improper use of public funds. If the University determines that Contractor is in
violation of this provision, the University may exercise any remedy available at law or in equity
or under this Agreement, including, without limitation, immediate termination of this Agreement
and any remedy consistent with federal copyright laws or applicable licensing restrictions.
(26) Employee Financial Interest (CRS 24-18-201; 24-50-507): The signatories aver that to
their knowledge, no employee of the State has any personal or beneficial interest whatsoever in
the service or property described in this Agreement. Contractor has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the
performance of Contractor’s services and Contractor shall not employ any person having such
known interests.
(27) Vendor Offset (CRS 24-30-201(1); 24-30-202.4): (Not applicable to intergovernmental
agreements.) Subject to C.R.S. § 24-30-202.4(3.5), the State Controller may withhold payment
under the State’s vendor offset intercept system for debts owed to State agencies for: (a) unpaid
child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or
other charges specified in C.R.S. §§ 39-21-101, et seq.; (c) unpaid loans due to the Student
Loan Division of the Department of Higher Education; (d) amounts required to be paid to the
Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result
of final agency determination or judicial action.
(28) Public Contracts for Services (CRS 8-17.5-101): (Not Applicable to agreements relating
to the offer, issuance, or sale of securities, investment advisory services or fund management
services, sponsored projects, intergovernmental agreements, or information technology services
or products and services.) Contractor certifies, warrants, and agrees that it does not knowingly
employ or contract with an unauthorized immigrant who shall perform work under this
Agreement and shall confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Agreement, through participation in
the E-Verify Program or the State program established pursuant to C.R.S. § 8-17.5-102(5)(c),
Contractor shall not knowingly employ or contract with an unauthorized immigrant to perform
work under this Agreement or enter into a contract with a subcontractor that fails to certify to
Contractor that the subcontractor shall not knowingly employ or contract with an unauthorized
immigrant to perform work under this Agreement. Contractor (a) shall not use E-Verify Program
or State program procedures to undertake pre-employment screening of job applicants while
this Agreement is being performed; (b) shall notify the subcontractor and the contracting State
agency within three (3) days if Contractor has actual knowledge that a subcontractor is
employing or contracting with an unauthorized noncitizen for work under this Agreement; (c)
shall terminate the subcontract if a subcontractor does not stop employing or contracting with
the unauthorized noncitizen within three (3) days of receiving the notice; and (d) shall comply
with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S.
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§ 8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor
participates in the State program, Contractor shall deliver to the University a written, notarized
affirmation, affirming that Contractor has examined the legal work status of such employee, and
shall comply with all of the other requirements of the State program. If Contractor fails to comply
with any requirement of this provision or C.R.S. §§ 8-17.5-101, et seq., the University may
terminate this Agreement for breach and, if so terminated, Contractor shall be liable for
damages.
(29) Public Contracts with Natural Persons (CRS 24-76.5-101): Contractor, if a natural
person 18 years of age or older, hereby swears and affirms under penalty of perjury that he or
she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b)
shall comply with the provisions of C.R.S. §§ 24-76.5-101, et seq., and (c) has produced one
form of identification required by C.R.S. § 24-76.5-103 prior to the effective date of this
Agreement.
(30) Signing Authority: Contractor warrants that it possesses the legal authority to enter into
this Agreement and that it has taken all actions required by its procedures, and by-laws, and/or
applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to
execute this Agreement, or any part thereof, and to bind Contractor to its terms. If requested by
the University, Contractor shall provide the University with proof of Contractor’s authority to
enter into this Agreement within 15 days of receiving such request. This Agreement may be
executed in multiple identical original counterparts, all of which shall constitute one agreement.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
*Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor’s behalf
and acknowledge that Colorado State University is relying on their representations to that effect and accept
personal responsibility for any and all damages the University may incur for any errors in such representation.
CONTRACTOR:
Insert Legal Name of Contractor
By:
____________________________________
Name:
_________________________________
Title:
_________________________________
Date:
_________________________________
STATE OF COLORADO
Jared Polis, GOVERNOR
Board of Governors of the Colorado State University
System, acting by and through Colorado State
University
By: _______________________________________
Name:
_____________________________________
Title:
_____________________________________
Date:
_____________________________________
REQUIRED APPROVAL:
By: ____________________________________
Name: ____________________________________
Title: ____________________________________
Account No: ___________________________
LEGAL REVIEW
Phil Weiser, Attorney General
By: __________________________________________
Grant Calhoun
Associate Legal Counsel / Director of Contracting
Services
Office of the General Counsel
ALL EXPENDITURE AGREEMENTS REQUIRE APPROVAL BY THE UNIVERSITY CONTROLLER
C.R.S. § 24-30-202 and University policy require the University Controller to approve all expenditure contracts. This
Agreement is not valid until signed and dated below by the University Controller or delegate. Contractor is not
authorized to begin performance until such time. If Contractor begins performing prior thereto, the University is not
obligated to pay Contractor for such performance or for any goods and/or services provided hereunder.
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COLORADO STATE UNIVERSITY CONTROLLER
By: ______________________________________
Name: ___________________________________
Date: ___________________________________
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VI. EXHIBIT A TO INDEPENDENT SERVICES AGREEMENT
SCOPE OF WORK
GENERAL DESCRIPTION:
Enter HERE the Scope of Work, including the following: (a) description of activities; (b) list of
required deliverables, i.e. goods, services, results, reports; (c) required timetable for completion
of tasks or conveyance of deliverables.
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VII. EXHIBIT B TO INDEPENDENT SERVICES AGREEMENT
PRICE, COST AND PAYMENT PROVISIONS
PAYMENT PROVISIONS.
A. Nature of Payments. The nature timing of payments made to Contractor under this
Agreement is shall be:
i. The contract price is $enter dollar amount. Payments shall be made as follows:
DATE, EVENT or DELIVERABLE AMOUNT PAYABLE
ii. Per the payment schedule and values in Exhibit .
iii. For time and material/hourly labor contracts, University shall pay the
Contractor at the rate of $ per hour for labor, plus cost of materials, with total
charges not to exceed a ceiling price of $enter dollar amount. The Contractor shall
successfully complete the contracted services in accordance with contract
requirements within the ceiling price specified herein. The Contractor shall submit
invoices monthly, together with proof of time and costs, no later than the 10th day of
the month. Payments will be made within 30 days after invoice.
iv. For cost reimbursement contracts, University shall reimburse the Contractor’s
actual, reasonable, and allowable costs, as defined herein, not exceeding $enter
dollar amount. The Contractor shall submit invoices monthly no later than the 10th
day of the month. Payments will be made within 30 days after invoice.
B. Maximum Amount Payable. Unless otherwise provided by a signed Amendment, the
maximum amount payable by the University to Contractor during each year of the Term shall
be:
$ in FY Calendar Year
$ in FY Calendar Year
$ in FY Calendar Year
$ in FY Calendar Year
$ in FY Calendar Year
C. Inclusions. Except as otherwise set forth in this exhibit, the above rates shall include
all fees, costs and expenses, including, but not limited to, labor costs, travel
expenses, parts, service, repair, removal, replacement, supplies, installation, testing,
reporting, analysis, delivery charges and any other expenses incurred by Contractor
in the performance hereunder.
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EXHIBIT C TO INDEPENDENT SERVICES AGREEMENT
FEDERAL FUNDS ADDENDUM
Should federal funds be used for payment by University under the Agreement, the following
provisions shall be deemed incorporated and made a part of the Agreement:
1. Equal Employment Opportunity – Contractor shall comply with E.O. 11246, “Equal
Opportunity,” as amended by E.O. 11375, “Amending Executive Order 11246 Relating to Equal
Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of
Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
2. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276c) (Applicable to
contracts in excess of $2000 for construction or repair.) – Contractor shall comply with the
Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented by Department of Labor
regulations (29 CFR part 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that
each contractor or sub-recipient shall be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he is otherwise entitled. The recipient shall report all suspected or
reported violations to the University.
3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) (Applicable to construction
contracts of more than $2000.) – Contractor shall comply with the Davis-Bacon Act (40 U.S.C.
276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, “Labor
Standards Provision Applicable to Contracts Governing Federally Financed and Assisted
Construction”). Under this Act, contractors shall be required to pay wages to laborers and
mechanics at a rate not less than the minimum wages specified in a wage determination made
by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than
once a week. The recipient shall place a copy of the current prevailing wage determination
issued by the Department of Labor in each solicitation and the award of a contract shall be
conditioned upon the acceptance of the wage determination. The recipient shall report all
suspected or reported violations to the University.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) (Applicable to
construction contracts of more than $2000 and other contracts involving the employment
of mechanics or laborers in excess of $2500.) – Contractor must comply with Sections 102
and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as
supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the
Act, each contractor shall be required to compute the wages of every mechanic and laborer on
the basis of a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than 1 ½ times the
basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the
Act is applicable to construction work and provides that no laborer or mechanic shall be required
to work in surroundings or under working conditions which are unsanitary, hazardous or
dangerous. These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for transportation or transmission of
intelligence.
5. Rights to Inventions Made Under a Contract or Agreement – Contracts or agreements
for the performance of experimental, developmental, or research work shall provide for the
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rights of the Federal Government and the recipient in any resulting invention in accordance with
37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business
Firms Under Governmental Grants, Contracts and Cooperative Agreements,” and any
implementing regulations issued by the awarding agency.
6. Clean Air Act 942 U.S.C. 7401, et seq.) and the Federal Water Pollution Control Act (33
U.S.C. 1251, et seq.), as amended (Applicable to Contracts and sub-grants of amounts
greater than $100,000.) – Contractor must comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401, et seq.) and the Federal
Water Pollution Control Act as amended (33 U.S.C. 1251, et seq.). Violations shall be reported
to the University and the Regional Office of the Environmental Protection Agency (EPA).
7. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) – Contractors who apply or bid for an
award of $100,000 or more shall file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency a
member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award covered
by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes
place in connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the University.
8. Debarment and Suspension (E.O.s 12549 and 12689) – No contract shall be made to
parties listed on the general Services Administration’s List of Parties Excluded from Federal
Procurement of Nonprocurement Programs in accordance with E.O.s 125449 and 12689,
“Debarment and Suspension.” This list contains the names of parties debarred, suspended, or
otherwise excluded by agencies, and contractors declared ineligible under statutory or
regulatory authority other than E.O. 12549. Contractors with awards that exceed the small
purchase threshold shall provide the required certification regarding its exclusion status and that
of its principal employees.
9. Combating Trafficking in Persons (22 U.S.C. 7101) – The United States Government has
adopted a zero tolerance policy regarding Contractors and Contractor employees that engage in
or support severe forms of trafficking in persons, procurement of commercial sex acts, or use of
forced labor. During the performance of this Contract, Contractor shall ensure that its
employees do not violate this policy. Should University become aware that Contractor has
violated this policy, University may terminate the contract for breach in accordance with the
termination clause herein.