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HomeMy WebLinkAboutBID - 8114 COURIER SERVICES - LIBRARY DISTRICT (3)BID 8114 Courier Services – Library District Page 1 of 16 INVITATION TO BID 8114 COURIER SERVICES - LIBRARY DISTRICT BID OPENING: 3:00 P.M. (our clock), MAY 15, 2015 The City of Fort Collins, acting on behalf of the Poudre River Public Library District (District), is soliciting bids from companies to provide pickup and delivery services between the Old Town Library, Technical Services Facility, Harmony Library, Council Tree Library, and remote drop boxes. Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk Management, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the time and date noted on the bid proposal and/or contract documents. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note that additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. Bids must be received at the Purchasing Office prior to 3:00 p.m. (our clock), May 15, 2015. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit bids in response to all invitations. No individual or businesses will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the bid should be directed to Crystal Bollman, Interlibrary Loan Coordinator at (970) 204-8707 or cbollman@poudrelibraries.org . Questions regarding bid submittal or process should be directed to Ed Bonnette, CPPB, CPM, Senior Buyer at (970) 416-2247 or ebonnette@fcgov.com . All questions must be submitted in writing via email to Crystal Bollman , with a copy to Ed Bonnette, no later than 5:00 PM our clock on May 1, 2015. Questions received after this deadline will not be answered. A copy of the Bid may be obtained at www.rockymountainbidsystem.com. Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for bid opening. Once bids have been accepted by the City and bid opening has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a minimum period of forty-five (45) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications 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 BID 8114 Courier Services – Library District Page 2 of 16 contained in the City's specifications and agreement template initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids received by the Purchasing Office prior to the bid opening date and time will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No proposal will be accepted from, or any purchase order awarded, to any person, firm or corporation in default of any obligation to the City. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. 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. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. 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. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results will be posted online at www.rockymountainbidsystem.com. Gerry S. Paul Director of Purchasing and Risk Management BID 8114 Courier Services – Library District Page 3 of 16 CITY OF FORT COLLINS BID PROPOSAL 8114 Courier Services – Library District BID OPENING: 3:00 P.M. (our clock), May 15, 2015 WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR LIBRARY COURIER SERVICES PER THE BID INVITATION, ATTACHED SPECIAL INSTRUCTIONS, AND ANY REFERENCED SPECIFICATIONS. The City of Fort Collins, acting on behalf of the Poudre River Public Library District (District), is soliciting bids from companies to provide pickup and delivery services between the Old Town Library, Technical Services Facility, Harmony Library, Council Tree Library, and remote drop boxes. The District seeks a flat per week bid for the weekly circuit. The service provider must be prepared to increase or decrease services according to the District's needs and time of year. The number of circuits and/or the number of times each circuit is to be run may change. Bidder is to fill in the Rate per Day for Weekdays, Friday Evenings, and Sunday Mornings; multiply it by the number of Days to arrive at a Total; and add the Totals to arrive at a Total Cost per Week. Bid will be awarded to the responsible & responsive Bidder with the lowest Total Cost per Week. The service provider must enter into the attached Services Agreement with the City of Fort Collins and provide insurance as required in Exhibit “B”. The Agreement shall commence July 1, 2015 and shall continue in full force and effect until June 30, 2016, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. If Services Agreement is not completed and signed within 30 days, City reserves the right to cancel and award to the next lowest responsible and responsive Bidder. BID 8114 Courier Services – Library District Page 4 of 16 8114 COURIER SERVICES – LIBRARY DISTRICT BID SCHEDULE Please fill-in the daily and total charges for each circuit. Completed Bid Schedule is only document required to submit bid. CIRCUIT FREQUENCY RATE/DAY # of Days TOTAL Weekdays (M-F) 1x/day $__________/day x 5 days = $__________ + Friday Evening 1x/day $__________/day x 1 day = $__________ + Sunday Morning 1x/day $__________/day x 1 day = $__________ TOTAL COST PER WEEK: $__________ __________________________________________________________ SIGNATURE DATE __________________________________________________________ TYPED OR PRINTED NAME AND TITLE __________________________________________________________ EMAIL __________________________________________________________ COMPANY NAME (AREA CODE) TELEPHONE __________________________________________________________ ADDRESS: STREET CITY, STATE, ZIP Commodity Codes used for this bid: 962-24 Courier/Delivery Services (Including Air Courier Services) 962-56 Moving Services BID 8114 Courier Services – Library District Page 5 of 16 EXHIBIT A SCOPE OF WORK 1. The Service Provider will make one (1) complete circuit daily in A.M. (Monday-Friday) as follows between Technical Services (TS) located at 301 E. Olive Street, the Old Town Library (OTL) located at 201 Peterson Street, Harmony Library (Harmony) located at 4616 South Shields on the Front Range Community College Campus, Council Tree Library (Council Tree) located at 2733 Council Tree Avenue, and all Remote Drop Boxes (Boxes) as previously determined.  A.M. Circuit: Up to 12 stops within Fort Collins City (FTC) limits (including LaPorte) at OTL, Harmony, Council Tree, Technical Services, and all Boxes. Route: Start at Old Town at 7:30 a.m. and do the transfer between Old Town, Harmony, Council Tree and Technical Services (TS). It would then proceed on to the box pickups, dropping the boxes as determined. 2. The Service Provider will make (1) complete circuit daily (Friday Evening & Sunday Morning) as follows between Old Town, Harmony, Council Tree, and all Boxes.  Friday Evening Circuit: Up to *11 stops within Fort Collins City (FTC) limits (including LaPorte) at Old Town, Harmony, Council Tree and all Boxes. Route: Start at Old Town at 5:45 p.m. and do the transfer between the Old Town, Harmony and Council Tree and Technical Services: and complete box collections dropping the boxes as determined. *Special Notes: Friday Evening collection and transfer will include all materials (transfers, holds & book drops) and must be completed at the Harmony Library no later than 7:30 p.m. to allow for building security. Both Library staff and Service Provider couriers will work collaboratively to keep materials from being mixed up.  Sunday Morning Circuit: Up to **11 stops within Fort Collins City (FTC) limits (including LaPorte) at Old Town, Harmony, Council Tree, and all Boxes. No TS stop. Route: start at Old Town at 7:30 a.m. and do the transfers between Old Town, Harmony and Council Tree Libraries; and complete box collections dropping the boxes as determined. **Special Notes: Sunday morning collection and transfer will include all materials (transfers, holds & book drops) and can not be taken to the Harmony Library any earlier than 8:30 a.m. to allow for building security. Both Library staff and Service Provider couriers will work collaboratively to keep materials from being mixed up. 3. Drop Times:  Harmony Library – prior to 8:30 a.m. M-F; 11:00 a.m. Sunday  Old Town Library – prior to 9:00 a.m. M-F; 11:30 a.m. Sunday  Council Tree Library – prior to 9:30 M-F; noon Sunday  Technical Services – opens at 7:00 a.m. M-F Drop times are negotiable depending on the situation and circumstances of the Service Provider. All time changes must have prior approval of the District’s Representative. BID 8114 Courier Services – Library District Page 6 of 16 4. Service Provider must provide reliable transportation and dolly. 5. District requires itemized (number of visits per-site per month) monthly billing. 6. Monthly reports of concerns, issues and recommendations must be submitted to the District’s Representative by the 10th of each month. Open, immediate and daily communication is required in conjunction with the monthly reports. 7. Service Provider must sign an electronic key card request form with Front Range Community College – Larimer for a key card to Harmony Library (Service Provider will work with Library’s Project Manager on this). 8. Holiday service will be determined in partnership with the District’s Representative. 9. Should an expansion or contraction of services be deemed necessary, the parties will work in good faith to negotiate a revision to the rates. 10. Remote Drop Box Locations: a. Fort Collins Senior Center at 1200 Raintree Dr. in Fort Collins b. First National Bank at 155 E. Boardwalk in Fort Collins c. King Soopers at 1842 N College Ave. in Fort Collins d. Cache La Poudre Elementary & Junior High School at 3511 W. County Road 54G in LaPorte e. King Soopers at 2602 Timberline Rd in Fort Collins f. Poudre Valley Rural Electric Association at 7649 REA Pkwy in Fort Collins g. Annunciation Chapel at 290 E County Road 56 in Fort Collins 11. Size of Crates:  Blue (closed top) 15” x 22” x 12”  Blue collapsible (open top) 14” x 21” x 11”  Small gray or red solid 15” x 22” x 10” 12. Number of Crates Between Library Sites (average is 20 crates per bldg. which will change with the reduction in runs and the use of Floating Collections by the District):  First delivery: Old Town 6-9 transits avg = 19-20 crates 3-6 holds 2-4 new Harmony 8-10 transits avg = 20-22 crates 4-6 holds 3-5 new Council Tree 12-15 transits avg = 22-24 crates 5-7 holds BID 8114 Courier Services – Library District Page 7 of 16 2-4 new  Mid delivery: Old Town 3-7 drop boxes & holds Harmony 5-10 drop boxes & holds Council Tree 7-10 drop boxes & holds  Number of items per Crate: Blue collapsible (open top) 50-80 items Blue (closed top) 50-70 items Small gray/red 15-25 items  Approximate weight (loaded): Blue collapsible 20-40 lbs Blue (closed top) 20-40 lbs Small gray/red 5-15 lbs 13. Service Provider must have verifiable similar experience and ability to provide staff and equipment to complete required number circuits, handle average number of crates, and at specified drop times every day District facilities are open. 14. Holiday Schedule (2015) Thursday January 1st New Year's Day Sunday April 5th Easter Sunday Monday May 25th Memorial Day Saturday July 4th Independence Day Monday September 7th Labor Day Wednesday November 25th Thanksgiving Eve - Will close early at 3:00 p.m. Thursday November 26th Thanksgiving Day Thursday December 24th Christmas Eve - Will close early at 3:00 p.m. Friday December 25th Christmas Day Thursday December 31st New Year's Eve - Will close early at 5:00 p.m. Friday January 1st (2016) New Year's Day BID 8114 Courier Services – Library District Page 8 of 16 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", as agent, on behalf of the Poudre River Public Library District (District), 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 pages and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) pages, and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with 5. Contract Period. [Option 2] This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 6. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service BID 8114 Courier Services – Library District Page 9 of 16 Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 7. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City or District 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: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 Copy to: Seter & Vander Wall, P.C. 7400 E. Orchard Rd, Ste 3300 Greenwood Village, CO 80111 Copy to: Poudre River Public Library District Attn: Ken Draves 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. 8. 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 "A", consisting of pages, and incorporated herein by this reference. 9. 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. 10. 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. 11. 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 BID 8114 Courier Services – Library District Page 10 of 16 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. 12. 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. 13. 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. 14. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 15. 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. 16. 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 BID 8114 Courier Services – Library District Page 11 of 16 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. 17. 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. 18. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City and District, their 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 and District as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 19. 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. 20. 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. 21. 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: BID 8114 Courier Services – Library District Page 12 of 16 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. BID 8114 Courier Services – Library District Page 13 of 16 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. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of ( ) pages, attached hereto and incorporated herein by this reference. BID 8114 Courier Services – Library District Page 14 of 16 POUDRE RIVER PUBLIC LIBRARY DISTRICT BOARD OF DIRECTORS PRESIDENT By: Date: POUDRE RIVER PUBLIC LIBRARY DISTRICT ACTING THROUGH ITS AGENT CITY OF FORT COLLINS, COLORADO a municipal corporation By: _________________________________ Gerry Paul Director of Purchasing & Risk Management Date: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By:_______________________________ __________________________________ PRINT NAME Title: __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ BID 8114 Courier Services – Library District Page 15 of 16 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. BID 8114 Courier Services – Library District Page 16 of 16 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the Poudre River Public Library District (the “District”), acting through its agent, 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 District and the City have 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 District and the City or their 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 District and the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the District and/or the City, or that relates to the business of the District and/or the City, or that is used by the District and/or 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 District and/or 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 District and/or 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 District and/or 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 District and/or the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the District and/or the City, or the District and/or the City so requests for any reason, the Service Provider shall promptly return to the District and 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 District and 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 District and 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.