HomeMy WebLinkAboutRFP - 9140 PUBLIC MICRO-MOBILITY SHARE PROGRAMRFP 9140 Public Micro-Mobility Share Program Page 1 of 56
REQUEST FOR PROPOSAL
9140 PUBLIC MICRO-MOBILITY SHARE PROGRAM
RFP DUE: 3:00 PM MST (our clock), NOVEMBER 13, 2020
The City of Fort Collins (City) and Colorado State University (CSU) invite qualified organizations,
companies, vendors, manufacturers or other entities to submit a proposal to develop, install, own,
operate and maintain a bike share program. We are also actively seeking submittals that include
electric (e-) scooters and electric (e-) bikes as part of a combined program or a partnership.
Submittals that do not accommodate bike share (including e-bikes) will not be considered.
The ideal program will incorporate state-of-the-art information technology with shared micro-
mobility vehicles as a transportation choice other than single occupancy vehicle trips for residents,
employees, and visitors. The system will be owned and operated by the successful applicant
(hereinafter vendor) for an initial one year term, with a desired launch date in Spring 2021. The
program will hereafter be referred to as a micro-mobility share program or program.
As part of the City’s commitment to Sustainable Purchasing, proposals should be submitted
online through the Rocky Mountain E-Purchasing System (RMEPS) at
http://www.bidnetdirect.com/colorado/city-of-fort-collins. Note: please ensure adequate time to
submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and
Time will not be accepted by the system.
A pre-proposal meeting will be held at 10:00 AM MT on October 23, 2020. The pre-
proposal meeting will be hosted on-line via Zoom. Select or copy/paste the below link
into your browser for access to the meeting. Please be prepared to announce your name
and mute your microphone:
https://us02web.zoom.us/j/85663474839?pwd=c1hSSVN1Vk45YjBsckszQld3RGtDQT09
All questions should be submitted, in writing via email, to Marisa Donegon, CPPB, Buyer
at mdonegon@fcgov.com, no later than 5:00 PM MST (our clock) on November 2, 2020.
Please format your e-mail to include: RFP 9140 PUBLIC MICRO-MOBILITY SHARE 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):
80534 Bicycles and Tricycles, All Types
95222 Community Service Campaigns (Bicycle Share Programs)
97550 Motorcycles, Motor Scooters and Trucksters
98116 Athletic Equipment and Sporting Goods and Accessories Rental or Lease
98161 Recreational, Park, Picnic and Playground Equipment and Accessories Rental or
Lease
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 9140 Public Micro-Mobility Share Program Page 2 of 56
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its vendors to comply with the City’s policy for equal employment opportunity
and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to
all third-party vendors and their subcontractors at every tier.
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 of the
proposal, the Vendor may redact text and/or data that it deems confidential or proprietary pursuant
to CORA. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under 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. By responding to this RFP, the Vendor hereby
waives any and all claims for damages against the City in its good faith compliance with
CORA. 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 is prohibited.
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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 reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Vendor shall be expected to sign the City’s standard Agreement prior to
commencing Services (see sample attached to this Proposal).
Sincerely,
Gerry Paul
Purchasing Director
RFP 9140 Public Micro-Mobility Share Program Page 4 of 56
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins (City) and Colorado State University (CSU) invite qualified
organizations, companies, vendors, manufacturers or other entities to submit a proposal
to develop, install, own, operate and maintain a bike share program. We are also actively
seeking submittals that include electric (e-) scooters and electric (e-) bikes as part of a
combined program or a partnership. Submittals that do not accommodate bike share
(including e-bikes) will not be considered.
The ideal program will incorporate state-of-the-art information technology with shared
micro-mobility vehicles as a transportation choice other than single occupancy vehicle
trips for residents, employees, and visitors. The system will be owned and operated by the
successful applicant (hereinafter vendor) for an initial term of one year, with a desired
launch date of Spring 2021. The program will hereafter be referred to as a micro-mobility
share program or program.
The program will build on the success of Fort Collins’ current e-scooter share program
and its previous bike share programs. The City’s previous bike share programs began in
2008 with the Fort Collins Bike Library, with a primary goal of expanding the fleet size and
increasing system density. The contract for the Fort Collins bike share program (Pace Bike
Share, Zagster), launched in April 2016 and was due to expire in August 2020, however,
was terminated in May 2020 due to Zagster’s dissolution. The City’s current e-scooter
share program (Bird) was launched on October 23, 2019, suspended on March 27, 2020
due to the Covid-19 economic crisis, and re-launched on July 8, 2020. The current term
of the Bird e-scooter share contract expires December 31, 2020 with the option to renew
for up to an additional four (4) years. With the rapidly evolving micro-mobility industry, the
City and CSU will utilize this opportunity to ensure Fort Collins’ micro-mobility share
program provides the optimal solution for the community and best achieves the program
goals. The City and CSU are open to a wide variety of innovative micro-mobility share
program solutions to achieve the goals set forth in this RFP, including the Bike Library
model described above. The City and CSU each plan to award the selected Vendor
separate and independent Service Agreements.
Micro-Mobility Share Program Objectives
1. The City / CSU seek to build on the success of their previous bike share programs and
current e-scooter share program and grow bike share/e-scooter share ridership in the
community. The Vendor’s ability to demonstrate the following primary program goals and
subsequent scope of services will inform the rating of their proposal.
2. Expand the Fort Collins micro-mobility share program fleet size, citywide availability, and
increase its accessibility through the addition of e-bikes and adaptive bikes.
3. Provide a micro-mobility share program and service that aligns with Fort Collins’ goal of
becoming a world-class bicycle friendly community, and aligns with current rankings as a
platinum bicycle friendly community, platinum bicycle friendly university, and home to the
largest number of designated bicycle friendly businesses.
4. Demonstrate ability to serve as a longer-term, financially viable vendor.
B. Background
Fort Collins is a vibrant community of approximately 174,871 located 65 miles north of
Denver, at the base of the foothills of the Rocky Mountains. The City is 56 square miles in
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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 than 40,000 fans to
campus. CSU also hosts hundreds of thousands of visitors each year.
The City and CSU are pleased to welcome a micro-mobility share program vendor as a
partner who will add to both the City and CSU’s sustainability- and accessibility-focused
transportation efforts. It is anticipated that the deployment of these modes will bring the
City closer to achieving its Climate Action Plan, Transportation Master Plan and Bicycle
Master Plan goals, and will bring CSU closer to achieving its Climate Action Plan goals.
The City and CSU recognize the potential of bike sharing to help fill first mile/last mile
geographic gaps in the City's transit system, reduce motorized vehicle emissions, improve
air quality, expand sustainable travel options throughout the city.
The City and CSU will evaluate the use of the micro-mobility share program on an ongoing
basis to ensure that the selected Vendor is appropriately operating in the public right of
way (ROW) and maintains compliance with 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.
For Vendors providing bike share (including e-bike) options only, the City and CSU
encourage consideration of how your program will coordinate with an e-scooter share
program run independently by another vendor. It is expected that bike share and e-scooter
share will collaborate to provide a user-friendly, safe and cohesive micro-mobility shared
system.
C. Shared Mobility History
Fort Collins launched its first bike sharing (lending) program in 2008 (Fort Collins Bike
Library). This program was funded by the City and through various grants, in-kind
donations, and community partners. The program was operated by Bike Fort Collins, a
501(c)(3) non-profit, and staffed by employees and volunteers. The Fort Collins Bike
Library offered a variety of bikes, from youth bikes to tandem bikes, and allowed users to
check out bikes for several days at a time. Between 2008 and 2015, the bike fleet grew
from 50 to 200, and recorded nearly 20,000 bike checkouts by over 15,000 riders. The
Bike Library initially operated out of an iconic kiosk in Fort Collins’ Old Town Square, and
eventually moved to the City’s Downtown Transit Center. The Fort Collins Bike Library
was an attraction for visitors and integral to Fort Collins’ unique brand as a biking town.
Beginning in 2012, the City commissioned various studies and feasibility analyses to
evaluate alternatives for implementing an automated bike share program, building on the
success of the Fort Collins Bike Library. All recommended Fort Collins move forward with
an automated bike share program – noting that Fort Collins had the many characteristics
that would be conducive to a successful system. Most recently (2014), a Bike Share
Business Plan was completed in conjunction with Fort Collins Bicycle Master Plan: Bike
Share Business Plan.
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In 2015, the City released a RFP soliciting vendors to own and operate an automated bike
share program. The City selected Zagster, Inc. through this process and launched the
station-based bike share programs in April 2016. The program launched with 13 stations
and 66 bikes, mostly in downtown Fort Collins, and ultimately expanded to 250 bikes and
42 stations at its high point in 2020. While the system experienced ridership and
membership growth year over year, the program did not grow fast enough nor was the
fleet size large enough to reach the latent demand for bike sharing in Fort Collins. In 2018,
Zagster converted its model to Pace, and more than doubled the system size. At this time,
the City elected to significantly expand the coverage with new bike share stations provided
throughout the City – while this resulted in ridership growth, the expansion was not dense
enough to truly capitalize on Fort Collins bike sharing potential. In 2019, approximately
21,500 trips were taken using the Pace Bike Share system. See Attachment A, Bike Share
Network Map for a station map from 2020.
The Pace Bike Share Program was supported by several local sponsors, including the
City and CSU, along with New Belgium Brewery, Odell Brewery, UC Health, Housing
Catalyst, Dellenbach Subaru, Kaiser Permanente, Ed Carrol Motors, Associates in Family
Medicine and Elevations Credit Union. Sponsors typically provided annual sponsorships
to support the cost of individual stations.
The local non-profit, Bike Fort Collins, has been an instrumental partner in Fort Collins
bike sharing programs since the Bike Library. Bike Fort Collins was the vendor of the Fort
Collins Bike Library through a contract with the City of Fort Collins. Once the bike share
program transitioned to an automated system with Zagster as the vendor, Bike Fort Collins
continued to play an important role in bike share promotion and outreach efforts, as well
as planning and sponsorship recruitment. Bike Fort Collins has received funding from
either the City or Zagster to maintain an active local role in the Fort Collins bike share
program.
In 2019, the City and CSU released a joint RFP soliciting a sole vendor to operate a one-
year e-scooter pilot program with the option to renew for up to four additional years. Bird
was the selected vendor and the pilot program launched on October 23, 2019. As of
October 18, 2020, there were 69,176 rides taken using the e-scooter program despite the
small initial fleet size, weather, technology constraints, and the Covid-19 crisis, which
required a temporary suspension of the program. This program is expected to continue
through December 31, 2020, at which point the City and CSU will determine next steps
with e-scooter operations in Fort Collins.
The City and CSU issued a Request for Information (RFI) on June 1, 2020 to give
respondents an opportunity to exchange information with the City and CSU prior to the
issuance of the RFP. Five responses were received, and certain components of these
responses were considered in the drafting of this RFP.
D. Eligibility, Prerequisites, and Compliance
1. The Vendor selected under this Request for Proposal (RFP) to operate the micro-
mobility share program is required to enter into separate Service Agreements with
the City and CSU. The Service Agreements are subject to negotiation and mutual
agreement at the City and CSU’s sole discretion.
2. The Vendor will be required to obtain a Shared Mobility Encroachment Permit from
the City https://www.fcgov.com/engineering/pdf/encroachmentpermit_digital.pdf. A
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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).
3. The Vendor will be required to register each unit with the Colorado State University
Police Department (CSUPD) prior to deployment. Each unit will require a $10.00 fee
for registration. A CSUPD registration sticker must be affixed to the main frame on
the down tube of a bicycle, or steering apparatus of a unit without a down tube.
4. In addition to the Shared Mobility Encroachment Permit required for general operation
in the ROW, the Vendor 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 Vendor intends to build a parking structure.
The Encroachment Permit application will require the Vendor 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 Vendor 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.
5. The Vendor must establish designated parking areas and/or utilize existing bike racks
in the city and on the CSU campuses and for storage and checking out and returning
devices. The Vendor and the City / CSU will jointly agree on the locations and
necessary equipment, such as a docking stations or existing racks, for each such
facility. Bike racks are currently widely available on campus and in downtown Fort
Collins (though high demand for bike parking exists in both areas). All facilities will be
constructed and maintained according to City / CSU codes and specifications.
6. 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.
7. If a bike share or e-scooter share station is located on private property, the Vendor
may be required to submit a Minor Amendment Application for review and approval
of the proposed location.
8. The City and CSU will seek input from Vendor to optimize deployment quantity.
Additional bikes may be allowed, at the City’s and CSU’s discretion, particularly in
high-usage CSU locations and in “vulnerable areas” (historically marginalized and
under-resourced) as defined in the Health & Equity Index in the City’s Trends &
Forces Report.
9. Adjustments may be made to the vehicle fleet size based on Vendor-provided
utilization data, Vendor performance, and operational outcomes, as agreed to by the
City and CSU.
10. Vendor 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. Vendor will also cooperate
with any ongoing criminal investigation that involves a bike share user.
11. The awarded Vendor 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.
a. Municipal Code, Chapter 23 – Public Property / Article III. – Obstructions and
Permits, Sec. 23-46. – Limitations
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b. Municipal Code, Chapter 23 – Public Property / Article III. – Obstructions and
Permits, Division 3 – Encroachments
c. 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
d. Municipal Code, Chapter 23 – Public Property / Article IX. – Natural Areas, Sec.
23-193 – Prohibited acts; permits. (18)
e. Municipal Code, Chapter 23 – Public Property / Article X. – Parks, Trails and
Recreation Areas, Sec. 23-203 – Prohibited acts; permits. (1)
f. Municipal Code, Chapter 24 – Streets and Sidewalks
g. Traffic Code, Part 14 – 1410. – Use of highways for traveling on snowmobiles,
skis, toboggans, coasting sleds, skates or similar devices
h. Traffic Code, Part 14 – Other Offenses, 1410.1 – Low-speed electric vehicles
i. Traffic Code, Part 14 – Other Offenses, Sec. 1401 – Reckless Driving
j. Traffic Code, Part 14 – Other Offenses, Sec. 1402 – Careless Driving
k. Traffic Code, Part 21 – Operation of Bicycles, Electric Assisted Bicycles and
Other Human – Powered Vehicles
l. Ordinance No. 028 – Add a New Article VI Related to the Parking of Shared
Mobility Devices
m. Ordinance No. 029 – Dismount Zone Compliance
n. Ordinance No. 082 – Amending the Fort Collins Traffic Code Relating to Electric
Scooters
o. Ordinance No. 083 – Amending Chapter 24 of the Code of the City of Fort Collins
Relating to Parking of Electric Scooters
12. The awarded Vendor will be required to establish an Irrevocable Letter of Credit as
performance security in a form satisfactory to the City. The amount of the letter of
credit will be one-hundred thousand dollars ($100,000) issued by a federally insured
FDIC banking institute.
The City has the right to amend its City Code at any time and the permitted Vendor
must comply with any such amendments that apply to shared mobility devices.
Amendments could include alignment to changes to the Colorado Revised Statues.
II. SCOPE OF PROPOSAL
A. Scope of Work
Vendors interested in being considered for this micro-mobility share program contract
must respond to this RFP with a proposal. The proposal should address all the elements
detailed in Section III. Proposal Submittal. Vendor will be responsible for managing all
activities necessary to implement and operate a successful micro-mobility share program,
including but not limited to:
1. Provide a dense micro-mobility share network in high demand areas of Fort Collins
and on CSU campuses, with an emphasis on first mile / last mile connectivity and
integration with other sustainable transportation modes, including those provided
through other privately-operated shared mobility programs. Offer coverage throughout
the city.
2. Provide a micro-mobility share fleet with modern, reliable and easy-to-use technology,
comfort and safety features.
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3. Incorporate Class 1 e-bikes as a widely available component of the fleet and provide
sustainable and best practice solutions for recharging e-bikes.
4. Provide the type of e-bikes in your program. Specify if your proposed bikes are Class
1 (pedal assisted) or Class 2 (throttle assisted).
5. Incorporate adaptive bikes or solutions for providing adaptive bikes that demonstrate
an understanding of the varied needs and preferences of the disability community. Fort
Collins’ previous bike share program included different styles of accessible bikes,
including hand cycles, trikes, and side-by-side tandems.
6. Provide a docked or dockless system that is intuitive, equitable, and accessible, and
allows users to park / retrieve vehicles close to origins and destinations.
7. Include dockless, docking, locking and/or best practice parking solutions to ensure the
locking fleet is managed in a safe, organized, aesthetic and intuitive manner, and
reduces the potential for user / right of way conflicts.
8. Provide micro-mobility share service with minimal management and financial
contribution from the City and CSU. Firms should be prepared to explain the proposed
financial structure for a robust micro-mobility share system, which may include grants,
sponsorship development, revenue from user fees, vendor financing and other partner
opportunities.
9. Procure and maintain necessary types of insurance as outlined in Service Agreement.
identify, procure, and outfit all equipment and facilities needed to support operations,
including maintenance and storage facilities, vehicles, and other support equipment.
10. Manage and maintain all vehicles and associated infrastructure, software and
hardware.
11. Provide frequent, high quality, and environmentally sustainable rebalancing and
maintenance practices to ensure vehicles and other equipment are in safe working
order, prevent right of way and user conflicts, and provide convenient and reliable
access to the system.
12. Describe sustainable manufacturing, recycling, and disposal practices to demonstrate
the program’s minimal environmental impact.
13. Provide ongoing equipment inspection, maintenance and cleaning, including annual
overhauls of all equipment in compliance with manufacturer’s requirements and
warranties. Conduct routine inspections to ensure vehicles are in working order and
deployed for users to ride.
14. Provide access to micro-mobility share for people of all income levels though
appropriate pricing programs, placement, and options for utilizing the system without
a phone and without a credit card.
15. Provide a plan for how to promote local Fort Collins events and businesses as part of
routine and unique interactions with users.
16. Partner with local non-profits and key organizations to support a locally branded and
successful program.
17. Provide comprehensive data to City and CSU in real-time and through regular reports.
Desired data listed in Section 5.
18. Provide an app and local webpage that is intuitive, reliable, and educational with
comprehensive information about the program, membership options, service area,
location of vehicles, sign up options, and customer service contact information.
19. Provide a sign-up, check-out, check-in process that is easy-to-use and reliable.
20. Create a reliable, customer-centered experience that results in a high level of customer
satisfaction.
21. Implement a comprehensive sponsor-recruitment, marketing, education, and equity
plan focused on sufficient fundraising to sustain program, increasing vehicle ridership
and improving safety, and increasing access to historically underserved communities.
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22. Provide a plan for providing integrated multi-platform app where customers can pay
for and use multiple modes.
B. Minimum Qualifications
Vendor 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 with the city and college or university.
C. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the target schedule at any time.
• RFP issuance: October 19, 2020
• Pre-Proposal Meeting: 10:00 AM MST on October 23, 2020
• Question deadline: 5:00 PM MST on November 2, 2020
• Proposal due date: 5:00 PM MST on November 13, 2020 (or
before)
• Interviews (tentative): Week of December 14 - 18, 2020
• Award of Contract (tentative): January 2021
• Desired program launch: April/May 2021
D. Pre-Proposal Meeting
A pre-proposal meeting will be held at 10:00 AM MT on October 23, 2020. The pre-
proposal meeting will be hosted on-line via Zoom. Select or copy/paste the below link
into your browser for access to the meeting. Please be prepared to announce your
name and mute your microphone:
https://us02web.zoom.us/j/85663474839?pwd=c1hSSVN1Vk45YjBsckszQld3RGtDQT09
E. Interviews and Micro-Mobility Demonstration
In addition to submitting a written proposal, the top-rated Vendors may be interviewed by
the RFP assessment team and asked to participate in an oral presentation (possibly
virtual) to provide an overview of the company, approach to the project and to address
questions. A demonstration of the proposed equipment may also be required. The
evaluation criteria for the oral interviews will be the same as the criteria for the written
evaluations and is included in Section IV.
F. Subcontractors
Vendors will be responsible for identifying any subcontractors in their proposal. Please
note that the City and CSU will contract solely with the awarded Vendor; therefore,
subcontractors will be the responsibility of the Vendor.
G. Financial Qualifications (CONFIDENTIAL)
Vendors selected as finalists will be required to submit the most recent financial statement
(audited preferred) including balance sheet and income statement, as well as a statement
of cash flows (the “Financial Information”). Also provide a banking reference (name,
address and phone number). The Financial Information shall be submitted in a separate
file marked Confidential. This 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.).
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H. COVID-19 Pandemic
By submitting a proposal for this RFP, the Vendor acknowledges they are assuming all
financial risks associated with the COVID-19 Pandemic.
I. Fees, Licenses, Permits
The successful Vendor 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.
J. Laws and Regulations
The Vendor agrees to comply fully with all applicable local, State of Colorado and Federal
laws and regulations and municipal ordinances.
K. 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
Please limit the total length of your proposal to a maximum of twenty-five (25) double sided or
fifty (50) single sided 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and
Vendor Statement form). 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
For this section, Vendors 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
Vendors 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 must include all the items in the order listed below. It is suggested that the Vendors
include each of the City and CSU’s questions with their response immediately following the
question.
Neither the City nor CSU shall reimburse any Vendor for costs incurred in the preparation and
presentation of their proposal.
Section 1: Proposal Overview, Vendor Information
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A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Company and Project Team Overview
B.1. Company information
a. Description of the company, including size, ownership structure, number of full-
time employees, and all office locations.
b. Length of corporate operation – specify number of years operating micro-mobility
share services.
c. Related or ancillary business operations beyond shared mobility systems.
d. All micro-mobility services and equipment offered currently (if planned, please
explain).
e. Overall experience implementing, managing and operating micro-mobility share
systems, including experience operating e-scooter share and bike share
(including e-bikes) programs.
f. 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.
g. Vendors selected as finalists will be required to submit the most recent financial
statement (audited preferred) including balance sheet and income statement, as
well as a statement of cash flows (the “Financial Information”). Also provide a
banking reference (name, address and phone number). This 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.).
h. List all locations where your operating license, permit or contract was revoked.
Please explain the reason(s) for revocation.
i. Explain any concerns Vendor may have in maintaining objectivity in
recommending the best solution. All potential conflicts of interest must be
disclosed.
B.2 Staffing / Project Team:
a. Provide information on your project team, including resumes (attached) of lead
team members and where they reside. Include an organization chart that
specifies the local team in relation to the entire company. Include the role for
each team member and percentage of his or her time that will be devoted to this
project. Identify the point of contact for the City and CSU.
b. Provide a hiring and labor plan, including the number of full time, part time,
seasonal and/or contract employees expected to be employed in Fort Collins to
launch and sustain the proposed system. Specify the ratio of employees /
contractors to fleet size.
c. Outline your hiring plan steps to identify, train and employ local residents,
especially those that have been historically disadvantaged.
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C. References and Program Examples
Using the following information, please provide Reference information from at least three
(3) locations where you are currently operating micro-mobility sharing services. Please
include examples of services of similar size and scope to that of Fort Collins if available.
The Vendor authorizes City and CSU to verify any and all information contained in the
Vendor’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.
a. Location (specify service scope – i.e., municipality, university, campus etc.)
b. Client (reference) contact information
c. Program name and website
d. Date of program launch
e. Micro-mobility share fleet size (at deployment and currently) by type of devices
(e.g., pedal bike, e-bike, e-scooter)
f. Number and type of other devices provided if applicable
g. Ownership structure
h. Contract or permit structure
i. Equipment used, including type of bikes and e-scooters, docks, stations (note if
the same equipment is proposed for Fort Collins)
j. Description of Vendor’s role in financing the program, including whether the
program required any public contributions to support operations.
k. Value of annual payments to municipality (if applicable)
l. Any other relevant information to aid in the City’s/CSU’s review of your proposed
services.
Section 2: System and Fleet Details
A. Service Area/System Design
The City and CSU seek to provide an equitable and highly accessible micro-mobility share
system to significantly increase micro-mobility share trips and support larger transportation
goals. Describe your system plan including:
a. Proposed service area and plan/timeline for achieving micro-mobility share access
throughout the City and on CSU campuses.
b. Proposed vehicle density and station/hub density (if applicable).
c. Detailed description of the proposed station, docking, parking and/or charging
equipment. Provide pictures, graphics and typical dimensions.
d. Methodology for determining number and location of stations/hubs.
e. Proposed priority areas to be served by micro-mobility share services.
f. Plan to complement existing public transit and support first and last mile
connections.
g. Plan to complement existing (currently, Bird e-scooters) or future shared mobility
programs, including how you will partner with other shared mobility programs to
create shared mobility parking hubs and cooperatively promote broader alternative
transportation goals.
h. Provide your vision for mobility hubs in areas like Old Town and CSU where
multiple modes (e.g. e-scooters, bikes, transit, micro-mobility share vehicles,
Transportation Network Companies etc.) along with EV charging stations can co-
exist. Describe how this integrates into your operations plan and how you would
work with the Transfort, City, CSU, and private partners to implement and maintain
it.
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B. Micro-Mobility Share Fleet: Please describe your proposed micro-mobility share fleet,
including:
a. Proposed fleet size at launch or in subsequent phases (if applicable). The City and
CSU would encourage a minimum of 150-200 bikes and if applicable a minimum
of 250 e-scooters on CSU campus and 150-200 bikes and if applicable a minimum
of 250 e-scooters on City ROW to ensure the density that is needed for a
successful program.
b. If e-bikes will be included, specify the number of e-bikes provided at launch and in
subsequent phases (if applicable).
c. Number of stations/hubs proposed at launch and in subsequent phases.
d. Criteria for determining adjustments to the fleet size (increasing or decreasing).
e. Launch timeline.
f. Please describe factors that would prevent you from launching your proposed fleet
per this launch timeline.
C. Proposed Equipment & Vehicles
C.1 Micro-Mobility Share Vehicles: Please provide a detailed description of each vehicle
you offer (including e-scooters, pedal bikes, e-bikes, and other adaptive bike options),
specifying what is standard equipment included in the proposal, and what is optional
equipment or not available. The selection committee may request a demonstration of
your vehicle(s) if desired to clarify or confirm specifications or functionality. Please
attach detailed specifications and images for each vehicle. Please include the
following in your description for each vehicle:
a. Manufacturing specs of the vehicle and manufactured location.
b. Height and weight ranges of persons accommodated including weight limit.
c. Ability for the user to adjust bikes to enhance fit for their size.
d. Front and rear lighting including distance visible in feet, light color(s), solid or
blinking light, power source, and run time of lights when vehicle is in use but not in
motion (e.g., waiting at a signal).
e. Reflective materials including wheel reflectors (white), front and rear reflectors.
f. All bikes shall be equipped with a bell on the handlebar.
g. Number of speeds (for bikes), if it is sealed, and what brand(s) and model(s) is
specified on the proposed vehicles.
h. Baskets or other cargo carrying equipment.
i. GPS and/or RFID technology including the type, how it’s secured, what data it is
collecting, and how is the data retrieved including frequency. Specify if your e-
scooters and e-bikes can be geofenced to restrict travel in certain areas.
j. Ability for the vehicle to be clearly and individually/uniquely identified.
k. Information displayed on the vehicle (e.g., vendor contact information, instructions
on how to use the vehicle, safety information, etc.)
l. Internal routing of key components including brake and shift cables/housing.
m. Theft and/or alert equipment or systems.
n. Detailed description of on-vehicle locking equipment.
o. Detailed description of key-card access functionality.
p. Primary materials used in the vehicle(s) frame and components
q. Weight of the vehicle(s) – standard and with add-ons.
r. Provide input on the swappable battery and swappable battery station model for
e-bikes and e-scooters, and on whether this model could work with your
program.
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C.2 Electric-Assist Bikes: The State of Colorado and City of Fort Collins require e-bikes
to be classified as Class 1, 2 or 3 and to be labeled accordingly.
a. If e-bikes are provided under your proposal, please confirm that they meet these
regulations.
b. The City of Fort Collins only allows operation of Class 1 and Class 2 e-bikes on
its paved trails and therefore will only allow Class 1 or Class 2 e-bikes to be
included in its micro-mobility share program (with a preference for Class 1 e-
bikes). Please indicate the class of your e-bike.
c. Detail the operating speed range of your e-bike, and if this can be customized.
d. Describe if and how speeds can be managed, including the ability to set a
maximum speed (e.g., 15 mph), reduce operating speeds in certain areas (e.g.,
dismount zones, trails), and/or gradually slow the e-bike if maximum speeds are
exceeded.
C.3 Adaptive Bikes:
a. Please describe any adaptive bikes provided by your company. If not currently
provided, describe any plans to offer such vehicles in the future, or partnership
strategies to fulfill Fort Collins’ goal of providing adaptive bikes as part of the fleet.
b. Please describe any additional costs or limitations associated with including
adaptive bikes into the fleet.
C.4 Other:
a. Describe in detail other physical infrastructure included in your proposal including
docking stations, racks, signage, charging stations etc. If any items are offered,
but at additional cost to the City / CSU, please specify.
b. Will you have a local warehouse to house micro-mobility share fleet / support
maintenance operations?
Section 3: System and Operations
A. Operations and Rebalancing:
a. Outline your methods and frequency of deploying, charging and redistributing
vehicles. Provide your typical daily schedule for such operations.
b. Describe how the system will be monitored and rebalanced to ensure coverage where
needed throughout the day.
c. Describe how improperly parked vehicles that are in need of service, damaged,
inoperable, abandoned or vandalized are addressed, including response times and
who is involved.
d. Describe how you will minimize potential negative impacts associated with practices
related to collecting, redistributing, and recharging vehicles.
e. Please describe your seasonal operations plan, including under what circumstances
you would remove vehicles from the fleet or deactivate services.
f. In the event of inclement weather, natural disaster, or other community emergency,
describe your ability to close down or increase operations depending on the
circumstances. How quickly could you respond, and what methods would be utilized
for communicating service changes to users?
g. The City / CSU host major events throughout the year and seek to encourage
alternative modes of transportation to / from such events (e.g., NewWestFest, CSU
football games, Tour De Fat, Open Streets etc.). How would you rebalance and
RFP 9140 Public Micro-Mobility Share Program Page 16 of 56
reorganize vehicles / hubs to support the city’s major events and transportation goals?
Please describe any limitations to offering such services (e.g., number of unique
events per year, activation time etc.).
h. Describe how the program’s geofencing technology would allow for e-bikes to operate
on Parks and Natural Areas paved trails while preventing e-scooters from operating
in those areas, which are prohibited to e-scooters.
B. Parking:
a. Outline the strategies you will utilize to ensure vehicles are properly and legally parked
throughout the day and between trips.
b. Outline the methods you will use to encourage users to park in designated or
preferred parking areas.
c. Describe your ability to geofence designated / preferred parking areas and how that
information will be communicated in your app to users.
d. Describe how you will establish system boundaries and prevent users from parking
outside Fort Collins’ geographic service area.
C. Maintenance:
a. Provide detailed information, including frequency/timelines, on the maintenance
protocols for vehicles and any other equipment provided (e.g., docks, parking
equipment, charging equipment) – for both routine and as-needed inspections and
maintenance.
b. The City / CSU expect vehicles to be in working order per the minimum criteria
outlined in Section 2. Provide a detailed list of what is included in your vehicle and
other equipment inspections to meet your company’s service levels.
c. Outline your approach to charging e-bikes and e-scooters and ensuring adequate
battery life.
d. Describe how vehicles in need of repair can be remotely locked. Are they immediately
blocked or removed from mobile applications and online maps showing available
vehicles?
e. What methods are in place for users to easily notify the Vendor of any equipment
safety or maintenance issues? Vehicles reported as damaged or inoperable vehicles
must be taken out of service immediately and remain out of service until fully repaired
– please confirm your ability to meet these requirements.
f. Describe how you will prevent damage and theft to vehicles and any public property.
g. Describe the typical schedule of replacement of vehicles, support equipment and
primary components for either.
D. Customer Service Plan:
Describe your customer service plan and how you will establish a reliable, customer-
centered experience that results in a high level of customer satisfaction, including:
a. Details of customer service system to be provided, including staffing, wait time, hours
of availability, languages, and medium (text, phone, email, Twitter, etc.).
b. Hours of field support available.
c. Your process for receiving, tracking, and resolving complaints, and communicating
with the customer.
d. Your plan for resolving on-going issues, daily complaints, crashes and emergencies.
e. Your response time for resolving complaints.
f. Location of customer service staff.
g. Your plan for monitoring system effectiveness, customer satisfaction, and municipal
relationships over time.
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Section 4: Financial Structure
A. Pricing / Payment
A.1. User pricing: Detail your proposed pricing structure including all membership
options and discounted user fees (low-income rates, student memberships,
corporate passes etc.).
A.2. Payment options:
a. Detail all payment options available to access your system, including how the
system will be accessible to users who are unbanked, do not have a credit card
and / or a smart phone.
b. The City / CSU is seeking a vendor that can initially or eventually provide
integration with locally used transportation apps and integrated fare. Indicate if
you have integrated payment methods and/or equipment access with other
services like transit passes in the past.
B. System Financing: It is not expected that the City or CSU will have funds to contribute to
the launch or maintenance of the program. Provide a financially viable and sustainable
proposal with limited to no investment from the City / CSU.
a. Describe how you plan to fund the program as proposed herein, including the
including the cost of Shared Mobility Encroachment Permits (City), per device permits
(CSU) and any required Shared Mobility Parking Encroachment Permits, as
referenced in Sect. Eligibility, Prerequisites and Compliance. Include total expected
cost of the program (annually), revenue projections, Vendor’s role in financing, or
other funding proposals.
b. Detail your bid to operate micro-mobility share in Fort Collins under the terms of the
City’s required permit. Keeping in mind the City and CSU’s economic position, please
describe any financial contribution expected by the City / CSU in order to implement
your proposed program.
c. Describe your firm’s sponsorship experience and how / if you will work to secure or
maintain local sponsors to support and expand the program. Describe sponsorship
packages if applicable.
C. Letter of Credit:
The awarded Vendor will be required to establish an Irrevocable Letter of Credit as
performance security in a form satisfactory to the City. The amount of the letter of credit
will be one-hundred thousand dollars ($100,000) issued by a federally insured FDIC
banking institute.
Section 5: Data and App/Webpage
A. Data and Reporting:
a. Detail the scope and specifications of data that will be made available to the City /
CSU, including what data will be included in a monthly or quarterly report (and
available on request), and what data will be available in real-time through a data
dashboard. Include examples of reports and screenshots of the data dashboard.
Data provided should include (but not limited to):
i. Safety incident reports / resolution
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ii. Customer service requests / resolutions
iii. # trips per vehicle per day
iv. Average trip distance / length
v. Hub utilization (pick up / drop off), % returned / access from hub location
vi. Trip data including routing, origin and destination information
vii. User demographics, including age, gender, zip code
viii. Frequency and completeness of routine vehicle and equipment inspections
ix. Number of vehicles serviced, including most frequent repair types
x. Number of vehicles lost, stolen, replaced or impounded
xi. Total amount of revenue collected per month including, but not limited to, any
rental fees, membership fees, out of area fees, charges per minute, charges
per ride, and hub parking incentives provided
xii. Report and describe methodologies for the rebalancing, recharging, and
maintenance
xiii. Report and describe the dispositions of any injuries to participants
xiv. Number of reported contacts with the Fort Collins or CSU Police Departments
xv. Heat map(s) of all rides for the month
xvi. Number of users participating in various program(s) offered, including low-
income and other special discount programs, helmet distribution programs, etc.
xvii. Payment method information
xviii. Outreach activities completed (quantity and descriptions)
b. The Vendor acknowledges that the City and CSU have the ongoing right to receive,
review and publicly publish the information provided by the awarded proposal.
c. Outline your plan to conduct user or partner surveys, including frequency and
information collected.
d. Confirm your ability to provide your data through the General Bike Share Feed
(GBFS) specification Application Program Interface (API) and Mobility Data
Specification (MDS) API.
e. Detail your approach to tracking safety data and incidents. What information do you
collect, how will you make this data available to the City / CSU?
f. Detail your plan to comply with privacy laws and best practices and protect personal
customer data. Provide your most recent third-party PCI audit.
g. 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.
B. Mobile Application & Website
a. Describe your app(s) capabilities and the user interface. Include screenshots showing
the sign-up process, locking process and what information is available to users.
b. Detail any unique features of your app, including ability to reserve or hold vehicles,
how many vehicles can be checked out under one account etc.
c. 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) as well
as other private shared-mobility companies.
d. Will you provide a Fort Collins specific webpage for the program? Please outline the
information that will be available on the webpage and provide screenshots if available.
RFP 9140 Public Micro-Mobility Share Program Page 19 of 56
Section 6: Marketing, Community Engagement
A. Marketing & Community Engagement: Describe and include examples of how you will
conduct outreach, marketing, and engagement for the share program, including your plans
for:
a. Pre-launch marketing and outreach plan.
b. Promoting and marketing the micro-mobility share system.
c. Attendance at local events (be specific – e.g., how many events will your team be
able to staff / support).
d. Educating users on rules of the road and other shared-mobility regulations.
e. Describe the age requirements for use of your system, and how you will discourage /
prevent underage use of the vehicles.
f. Making helmets available to micro-mobility share users.
g. Partnering with local non-profits and key organizations to support the program.
h. If appropriate for your operations plan, provide a plan for a partnership with a local
non-profit organization that has the capabilities to assist with marketing, outreach,
and promotion. One example of such an organization is Bike Fort Collins, the role
they played in the City’s previous bike share programs referenced above. While a
partnership with a local non-profit organization is not mandatory, it is encouraged.
B. Equity Plan
a. Describe your plan for engaging with and communicating to people with disabilities,
older adults and traditionally underserved populations.
b. How will you increase accessibility of micro-mobility share among underserved
communities?
Section 7: Sustainability & Innovation
A. 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.
B. The City / CSU seek to reduce waste associated with its micro-mobility share program
and operations. Explain how damaged vehicles are repaired or recycled, in accordance
with applicable laws, the average lifespan of the equipment including any batteries, and
what efforts are made to reduce landfill waste. Include information related to how the
Vendor reduces its carbon footprint through sustainable rebalancing / maintenance
approaches.
C. Other creative ways you propose to implement a micro-mobility share solution for Fort
Collins, including innovative technologies, programs, partnerships or other elements.
D. Describe your firm’s long-term business and innovation plan that demonstrates an
understanding of the unique Fort Collins market and culture and the successes and
challenges of Fort Collins’ previous bike share programs and current e-scooter share
program. If not previously discussed, outline future plans for shared mobility devices.
E. Provide any information that distinguishes Vendor from its competition and any additional
information applicable to this RFP that might be valuable in assessing Vendor’s proposal.
Section 8: Additional Information
A. Provide a redline with any exceptions to the City’s Service Agreement, Section VI.
RFP 9140 Public Micro-Mobility Share Program Page 20 of 56
B. Provide a redline with any exceptions to CSU’s Service Agreement, Section VII.
C. Explain any concerns Vendor 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
Vendors 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 Vendors 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.
WEIGHTING
FACTOR QUALIFICATION STANDARD
1.5
Technology,
Equipment and
Reporting
Does the technology, equipment and reporting
proposed address all elements of the RFP?
2.5 Firm Experience
Does the firm have the experience, capacity and
support capabilities required to successfully
complete the project on-time and in-budget?
Has the firm successfully completed previous
projects of this type and scope?
2.5
Proposed Plans,
Strategies, and
Approaches
Do the plans, strategies, and approaches
proposed address all elements of the RFP?
Does the proposal show an understanding of the
project objectives, methodology to be used and
results/outcomes required by the project? Are
there any exceptions to the specifications,
Scope of Work, or agreement? Are sufficient
people of the requisite skills and qualifications
assigned to the project?
1.0 Sustainability/TBL
Methodology
Does the firm demonstrate a commitment to
Sustainability and incorporate Triple Bottom Line
methodology in both their Scope of Work for the
project, and their day-to-day business operating
processes and procedures?
2.5 Financial
Considerations
Does the proposal include detailed information
about User Pricing, Payment Options, and
System Financing? Does the proposed system
require limited investment from the City and
CSU?
Definitions
Sustainable Purchasing is a process for selecting products or services that have a lesser
or reduced negative effect on human health and the environment when compared with
competing products or services that serve the same purpose. This process is also known
as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”.
RFP 9140 Public Micro-Mobility Share Program Page 21 of 56
The Triple Bottom Line (TBL) is an accounting framework that incorporates three
dimensions of performance: economic, or financial; environmental, and social. The
generally accepted definition for TBL is that it “captures the essence of sustainability by
measuring the impact of an organization’s activities on the world…including both its
profitability and shareholders values and its social, human, and environmental capital.”
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.
CRITERIA STANDARD QUESTIONS
Overall Performance Would you hire this Vendor 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 Vendor responsive to client needs; did the
Vendor 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 Vendor 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. VENDOR STATEMENT
Vendor hereby acknowledges receipt of the City of Fort Collins 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, Vendor hereby makes the following
representations to City:
a. All of the statements and representations made in this proposal are true to the best of the
Vendor’s knowledge and belief.
b. Vendor 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 90 days from the date hereof.
d. Vendor further agrees that the method of award is acceptable.
e. Vendor also agrees to complete the proposed Agreement with the City of Fort Collins
within 30 days of notice of award. If contract is not completed and signed within 30 days,
City reserves the right to cancel and award to the next highest rated firm.
f. Vendor acknowledge receipt of __ addenda.
g. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA and Vendor hereby waives any and all claims for damages
against the City in its good faith compliance with CORA.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
Official Purchasing Document
Last updated 10/2017
RFP 9140 Public Micro-Mobility Share Program Page 23 of 56
VI. 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. Time of Commencement. The services to be performed pursuant to this Agreement shall
be initiated within ( ) days following execution of this Agreement.
3. Contract Period. This Agreement shall commence , 20 , and shall continue in
full force and effect until , 20 , unless sooner terminated as herein provided.
Based on the outcome of the program, the City may elect at its sole option one or more of
the following:
a. Discontinue the program and revoke the permit(s);
b. Renew this Agreement for one (1) year with the option to renew for up to an additional
three (3) one-year terms for a total of up to five (5) years;
c. Renegotiate the terms of this Agreement based on the City’s learnings from the
program particularly as it relates to the financial model and other operational
considerations;
d. Not renew this Agreement and initiate a new Request for Proposals (RFP) to select a
new service provider for the program;
e. Not renew this Agreement and initiate a new RFP to select multiple service provider
for the program;
f. Such other direction in the City’s sole discretion.
If the City elects to renew this Agreement, renewals and pricing changes shall be negotiated
by and agreed to by both parties. The City shall provide written notice of renewal to the
Service Provider and mailed no later than thirty (30) days prior to the end of the term.
4. 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
Official Purchasing Document
Last updated 10/2017
RFP 9140 Public Micro-Mobility Share Program Page 24 of 56
cause. To the extent that the performance is actually prevented, the Service Provider must
provide written notice to the City of such condition within fifteen (15) days from the onset of
such condition.
5. 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.
In addition, upon termination or expiration of the Agreement, all related permits shall be void
and the Service Provider shall remove all devices from the City Rights of Way (ROW) within
five (5) business days.
6. 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.
7. Use of ROW. Nothing in this Agreement shall constitute a conveyance of any interest in the
ROW. Notwithstanding anything herein, the City shall have the right to work within and
restrict access to portions of the ROW, whether by its own forces or contracted forces.
8. Signage. Service Provider agrees that all signage on devices or otherwise contemplated
by this Agreement will abide by all applicable local, state and federal law related to signs.
Such signage is not a public forum for public debate or discourse. Service Provider agrees,
in addition to any restrictions set forth by City ordinance, that the content of any signage
shall not include any message that is illegal, obscene, libelous or fraudulent. Service
Provider shall not advertise on any device.
9. Public Records. Service Provider and City acknowledge and agree that records held in the
City’s possession are subject to public disclosure as required by the Colorado Open
Records Act, C.R.S. §§ 24-72-200.1, et seq.; the Colorado Criminal Justice Records Act,
C.R.S. §§ 24-72-301, et seq.; and as otherwise required by law. The City retains sole
discretion to determine what records may be disclosed to comply with such laws, and the
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City makes no guarantee that it will notify Service Provider prior to the release of such
records.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
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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.
16. 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.
17. 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.
18. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties.
19. 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.
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20. Letter of Credit. As security for Service Provider’s performance under the Agreement, the
Service Provider shall provide for the benefit of the City an Irrevocable Standby Letter of
Credit (ISLC), as outlined in Exhibit , consisting of three (3) pages. The ISLC must be
payable at sight and issued by a federally insured (FDIC) U.S. banking institution with a debt
rating of 1A or higher by the FDIC, A or higher by Standard & Poors, A of higher by Moody’s
Investors, or a comparable rating by a comparable rating system. The federally insured
banking institution on which the ISLC is to be drawn shall be acceptable as determined by
the City.
21. 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.
22. No Third-Party Beneficiaries. No provision of this Agreement is intended to nor shall it in
any way inure to the benefit of any customer, property owner or any other third party, so as
to constitute any such person a third-party beneficiary under this Agreement.
23. 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.
24. Prohibition Against Unlawful Discrimination. The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to
2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that
any contract entered into pursuant to this advertisement, disadvantaged business
enterprises will be afforded full and fair opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race, color, or national
origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender
(regardless of gender identity or gender expression), race, color, religion, creed, national
origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic
information, or other characteristics protected by law. For the purpose of this policy “sexual
orientation” means a person’s actual or perceived orientation toward heterosexuality,
homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the
workplace, including sexual harassment. Further, the City strictly prohibits unlawful
retaliation against a person who engages in protected activity. Protected activity includes
an employee complaining that he or she has been discriminated against in violation of the
above policy or participating in an employment discrimination proceeding.
The City requires its vendors to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This
requirement applies to all third-party vendors and their subcontractors at every tier.
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25. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in Public Law
208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of Homeland
Security (the “e-Verify Program”) or the Department Program (the “Department
Program”), an employment verification program established pursuant to Section 8-
17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired
employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, Service Provider
shall:
1. Notify such subcontractor and the City within three days that Service Provider has
actual knowledge that the subcontractor is employing or contracting with an illegal
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.
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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.
26. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal
year debt or financial obligation of the City, it shall be subject to annual appropriation by City
Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186,
and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to
continue this Agreement in any fiscal year for which no such supporting appropriation has
been made.
27. 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
COMPENSATION
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EXHIBIT
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
IRRECOVABLE STANDBY LETTER OF CREDIT
[BANK LETTERHEAD]
DATE
Irrevocable Standby Letter of Credit, Number ______________
Beneficiary: Accountee:
City of Fort Collins
281 North College Avenue
Fort Collins, Colorado 80524
Attn: Development
Dear City of Fort Collins:
We, [Insert Name of Bank] (“Bank”), hereby establish, at the request and for the account of
Service Provider in the favor of the City of Fort Collins (“Fort Collins” or the “City”) as
beneficiary, our Irrevocable Standby Letter of Credit No. _____ (“Letter of Credit”), in the
amount of One Hundred Thousand Dollars ($100,000) (as more fully described below),
effective immediately and initially expiring (see extension terms below) at the close of banking
business on (minimum of two years from the date of issuance of this Letter of Credit)
______________________________, 20__, at our office
at_____________________________________________________________________.
This Letter of Credit is submitted as security required pursuant to the Service Agreement between
Service Provider and Fort Collins dated as of October __, 2019 (the “Agreement”) for a program
to deploy mobility devices in Fort Collins (the “Project”) as assurance of Service Provider’s
compliance to the requirements of the Agreement and to reimburse Fort Collins for any costs and
expenses incurred by Fort Collins due to Service Provider’s breach of, or non-compliance with,
the Agreement.
Funds under this Letter of Credit are available to you for one or more drawings prior to the close
of business on the expiration date described above as extended pursuant to the terms of this
Letter of Credit. We have no duty to verify the correctness or completeness of any certificate or
instructions delivered to us by you, but rather may rely without question on any Certificate as to
the amount of any drawing.
Any draft must be drawn on our office described above, dated the date of presentment, contain
the number of this Letter of Credit, and accompanied by a signed written certificate in the form
attached hereto as Attachment 1.
This Letter of Credit shall automatically terminate upon the earlier of: (i) Our honoring your
draft(s) totaling $ 100,000 in the aggregate presented on or before this Letter of Credit expires
pursuant to the terms herein; or (ii) The surrender to us by you of this Letter of Credit for
cancellation; or (iii) The expiration date of this Letter of Credit as such date may be extended
pursuant to the terms herein.
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This Letter of Credit shall be subject to the laws of the State of Colorado, and, to the extent not
inconsistent with the terms of this Letter of Credit, International Standby Practices (ISP 98),
International Chamber of Commerce (Pub. No. 590). Any suit, action, or proceeding arising out
of or relating to or concerning this Letter of Credit, with the exception of appellate matters, shall
be subject to the exclusive jurisdiction of the state court located in Larimer County, Colorado, or
the federal district court located within Denver, Colorado.
This Letter of Credit shall be automatically extended without required action by the City, and
without amendments for one year from the date of initial expiration stated above, and each
future expiration date thereof, unless the Bank delivers written notice at least sixty (60) days
prior to any such expiration date to the City of Fort Collins of its intent not to renew this Letter of
Credit. Any such notice shall be in writing and shall be delivered with an acknowledged receipt,
either in hand or by certified mail.
This Letter of Credit is not transferable.
This Letter of Credit sets forth in full our obligations that we are assuming in full regarding this
Letter of Credit and such obligations shall not in any way be modified, amended, amplified or
limited by reference to any document, instrument or agreement referred to herein, except only
the certificate and draft(s) referred to herein; and any such reference shall not be deemed to
incorporate herein by reference any document, instrument or agreement except for such
certificate and draft(s).
Sincerely,
[Name]
[Title] , Issuer
Issuing Company Name: ______________________________________________
Address: ______________________________________________
______________________________________________
Phone Number: ______________________________________________
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ATTACHMENT 1
CERTIFICATE
The City of Fort Collins hereby certifies as follows with respect to the certain Irrevocable
Standby Letter of Credit No. _______ dated ________________, 20__, established in favor of
the City of Fort Collins, Colorado (the “Letter of Credit”):
(a) I am authorized to execute this Certificate on behalf of the City of Fort Collins;
(b) Certain requirements of the Agreement for which the Letter of Credit was issued have
not been fulfilled as follows:
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
(c) The sum of $________________, which is the amount incurred by Fort Collins
attributable to Service Provider’s non-compliance and/or default of the Agreement;
(d) The amount of the accompanying draft together with all previous draws under the Letter
of Credit do not exceed in the aggregate $100,000; and
(e) The Letter of Credit has not expired.
IN WITNESS WHEREOF, the undersigned has executed this Certificate on behalf of the City of
Fort Collins this _________day of ________________, 20__.
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By: ____________________________
[Title]
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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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VII. 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.
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
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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
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.
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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)
RFP 9140 Public Micro-Mobility Share Program Page 41 of 56
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
RFP 9140 Public Micro-Mobility Share Program Page 42 of 56
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
RFP 9140 Public Micro-Mobility Share Program Page 43 of 56
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
RFP 9140 Public Micro-Mobility Share Program Page 44 of 56
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
RFP 9140 Public Micro-Mobility Share Program Page 45 of 56
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.
RFP 9140 Public Micro-Mobility Share Program Page 46 of 56
(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.
RFP 9140 Public Micro-Mobility Share Program Page 47 of 56
(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: ___________________________________
RFP 9140 Public Micro-Mobility Share Program Page 52 of 56
VIII. 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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IX. 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
RFP 9140 Public Micro-Mobility Share Program Page 55 of 56
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.
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ATTACHMENT A
BIKE SHARE NETWORK MAP