HomeMy WebLinkAbout129790 THE FEET INC - CONTRACT - RFP - 8311 MAIL SERVICESServices Agreement
RFP 8311 Mail Services Page 1 of 13
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 VELOCITY BOYS INC. DBA THE FEET INC., hereinafter referred
to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of four (4) 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. Contract Period. This Agreement shall commence July 1, 2016, and shall continue in full
force and effect until June 30, 2017, unless sooner terminated as herein provided. In
addition, at the option of the City, the Agreement may be extended for additional one year
periods not to exceed four (4) additional one year periods. Renewals and pricing changes
shall be negotiated by and agreed to by both parties. Written notice of renewal shall be
provided to the Service Provider and mailed no later than sixty (60) days prior to contract
end.
3. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or negligence,
then the party so prevented shall be excused from whatever performance is prevented by
such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days
from the onset of such condition.
4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least thirty (30) 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:
Velocity Boys Inc
dba The Feet Inc
Attn: Larry Dolgin
3825 E Mulberry Road, Unit2A
Fort Collins, CO 80524
City of Fort Collins
Attn: Doug Clapp
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
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In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
5. Contract Sum. The City shall pay the Service Provider for the performance of this
Contract, subject to additions and deletions provided herein, in accordance with the
attached Exhibit "B", consisting of one (1) page, and incorporated herein by this reference.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
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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.
12. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default thereof.
13. Remedies. In the event a party has been declared in default, such defaulting party shall
be allowed a period of twenty (20) days within which to cure said default. In the event the
default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting
party commences legal or equitable actions against the defaulting party, the defaulting
party shall be liable to the non-defaulting party for the non-defaulting party's reasonable
attorney fees and costs incurred because of the default.
14. 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.
15. 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
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Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within
Exhibit C, consisting of one (1) page, attached hereto and incorporated herein by this
reference. The Service Provider before commencing services hereunder, shall deliver
to the City's Director of Purchasing, 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.
16. 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.
17. 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.
18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien who
will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the “e-Verify Program”) or the Department Program (the
“Department Program”), an employment verification program established pursuant
to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of
all newly hired employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider has
actual knowledge that the subcontractor is employing or contracting with an illegal
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alien; and
2. Terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall
not terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the “Department”) made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
19. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "D" - Confidentiality,
consisting of one (1) page, attached hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
DATE:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
VELOCITY BOYS INC DBA THE FEET INC.
By:
Printed:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
DocuSign Envelope ID: 52BB0E58-7029-41A8-86E1-A1FD4A9D1CBA
Larry E Dolgin
7/5/2016
President
7/5/2016
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EXHIBIT A
SCOPE OF WORK
BACKGROUND
The internal mail service includes collection of packages to be shipped by FedEx and UPS from
City offices as well as the sorting and metering of U.S. Mail from the various City offices.
Postage is purchased by the Warehouse operation and is then assigned to the pieces of mail
based on USPS requirements for packages and letters. The cost of postage is tracked and
recovered at the end of the month from each department based on their respective USPS costs.
Over the last decade, the concern and risk related to identity theft has been rising sharply along
with the rate of occurrences. This heightened risk is evident in the requirements and penalties
from the Federal Trade Commission (FTC) as defined in the Fair and Accurate Credit
Transactions Act of 2003: 16 C.F.R., Part 681. Protection of the privacy of our employees, and
citizen-owners is a significant concern because financial and personal information will be
contained in the interoffice mail, Utility bills, traffic tickets, and other items handled by this
delivery service. Consequently, the person tasked with the mail sorting, metering and
distribution must be trustworthy, experienced, and bonded.
SCOPE OF WORK
Firms must offer a true “replacement service” for the mail services currently provided by Utilities.
Proposals will be evaluated based on the criteria established in section Method of Award of this
RFP. Additional service proposed in a response to this RFP shall be clearly defined and costs
associated with those services shall also be clearly and independently identified.
Collection and Delivery of Interoffice Mail – The contractor will be responsible for the
pickup and delivery of interoffice mail between facilities named in Appendix A of this
RFP. All proposals must use the routing and timing provided in Appendix A. After award,
the contractor will be free to propose alternate schedules, interoffice addressing
schemes, and other changes, subject to City approval. It should be understood that the
existing schedule is the result of years of experience and will not be changed without
significant justification and consideration.
Collection and Delivery of Utility Bills from Drop Boxes – The contractor will be
responsible for timely and secure pickup of Utility bills from seven (7) drop box locations
as noted in Appendix A of this RFP and shall deliver the bills to the Utilities Customer
Service division promptly at 1:20pm to accommodate the Utilities Customer Service
Division's business needs. Depending on changes in business needs, flexibility in
pickup/delivery time for Utility bills may become necessary. Should there be problems
with the Utility Bill Drop Boxes (such as key/lock problems or physical damage from
vehicle strikes), the Contractor must notify Operations Services immediately to rectify the
problem. The contractor must additionally notify the Utilities Customer Service Division in
conformance with Utilities business needs and the Federal Trade Commissions “Red
Flag Rules.”
Postal Service Mail
Collection and sorting of outgoing postal mail – Contractor shall be responsible for
sorting, metering, assignment of postage from various City facilities as identified in
Appendix A of this Request for Proposal and shall deliver them to the Post Office
between 4PM and 5PM on the same day it is picked up from the City. Outgoing mail
may already be stamped or may require metering. Mail already bearing a stamp is
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collected in a separate postal tub for delivery to the Post Office. Mail requiring
metering is sorted and metered throughout the day in preparation for delivery to the
Post Office at the appropriate time of day. Contractor will be responsible for assuring
that account numbers required for invoicing the mail services are correct. On
occasion, the contractor may have to determine if mail requires sealing and may
have to instruct City employees how to prepare a mailing or a certified mailing.
Collection and sorting of incoming postal mail – Contractor shall be responsible for
picking up the incoming mail from the Post Office in the morning. Contractor shall
then sort and deliver postal mail to the delivery locations as defined in Appendix A.
Delivery locations are subject to change.
Metering of postal mail postage and invoicing for postage – Contractor shall maintain
up-to-date information on USPS rates and shall notify the City as changes to such
rates affect mail services. USPS billing allocations and invoicing for each City
department based on the amount of mail and cost of postage from those
departments. A current list of specific departments to be billed is attached as
Appendix B. Billed entities may change from time to time depending on City needs.
a) Proposer shall purchase and maintain a mail metering machine that will
accommodate the sorting of US Postal mail and identification of the costs
associated with each department based on their respective mail quantities.
b) Proposer will be responsible for billing postage costs to the City detailed by
department by the 15th day of the month preceding the previous month’s usage.
Billing will be based on the first and last day of each calendar month.
Distribution of supplies from USPS – Contractor shall deliver mailing supplies from
USPS to departments to assure that mailings can be adequately prepared. Contractor
may also receive information from the Post Office regarding coordinating payments to
the post office for annual fees such as P.O. Boxes or business reply mail fees, and shall
communicate this information immediately to the City.
Access to City Facilities -- Prior to beginning work under this Contract, the Service
Provider must obtain a background clearance using Colorado Data Base Investigations
and/or Colorado Bureau of Investigations-Crime Information Center. Also Service
Provider must check for valid documents through Homeland Security, Immigration and
Custom Enforcement (ICE). An appointment must be made by the Service Provider with
Operations Services, City of Fort Collins, 970-221-6610, for a City picture ID. The
Service provider must bring a copy of the CBI report for City records. The City may deny
clearance to any person who:
Has an active criminal arrest warrant;
Has a felony arrest or conviction;
Has a drug-related misdemeanor or drug-related petty offensive conviction;
Has a non-drug-related misdemeanor or a petty offensive conviction within the
past three (3) years;
Is a suspect in an active criminal investigation;
Was previously terminated from employment by the City of Fort Collins;
Is determined to be a threat to the safety of persons or property or to the
confidentiality of City information.
Operations Services shall provide the Service Provider with a picture identification tag
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for all persons given clearance. Such identification tags shall be displayed, in an easily
seen manner, on all employees while working in City buildings. Identification tags and
access fobs shall immediately be returned to the City Representative when the
employee no longer works for the Service Provider in City buildings. Any Service
Provider employee without a properly displayed identification card is subject to
immediate eviction from the City building. The Service Provider shall provide the City
with a current and complete list of the names, I.D. card numbers, address and telephone
numbers of all Service Provider personnel providing services under this agreement. The
Service Provider shall keep this list current and shall immediately inform the City of all
personnel changes.
Transition / Training – In the event the contract is awarded to a new contractor, The
contractor will work in collaboration with the City to develop a plan to transition 100% of
the work detailed in the Scope of Work from the City’s current service provider.
Other Proposed Services – to be identified by the respondent on an individual and
incremental basis.
LIST OF SCHEDULED MAIL DELIVERY STOPS
Sequence Location Name Address City stop time
1 Old Town Post Office 301 S Howes St Fort Collins 6:50:00 AM
2 Ops Services 300 Laporte Ave Fort Collins 8:40:00 AM
3 Utilities Service Center 700 Wood St Fort Collins 8:45:00 AM
4 Fleet Services 835 Wood St Fort Collins 8:50:00 AM
5 City Hall - West 300 Laporte Ave
STE B
Fort Collins 8:55:00 AM
6 Social Sustainability 321 Maple St Fort Collins 8:58:00 AM
7 Customer Service 117 N Mason St Fort Collins 9:05:00 AM
8 City Of Fort Collins 200 W Mountain Fort Collins 9:07:00 AM
9 City Of Fort Collins 212 W Mountain
Ave
Fort Collins 9:09:00 AM
10 215 N Mason 215 N Mason St Fort Collins 9:10:00 AM
11 281 N College 281 N College Ave Fort Collins 9:15:00 AM
12 Northside Aztlan Center 112 Willow St Fort Collins 9:20:00 AM
13 Streets 626 Linden St Fort Collins 9:25:00 AM
14 Traffic 626 Linden St Fort Collins 9:30:00 AM
15 Library 201 Peterson St Fort Collins 9:35:00 AM
16 Poudre Fire Authority 102 Remington St Fort Collins 9:40:00 AM
17 Downtown Development
Authority
19 Old Town Sq Fort Collins 9:45:00 AM
18 Feet - Mulberry 3825 E Mulberry St
2-a
Fort Collins 10:00:00 AM
19 Nix Farm 1745 Hoffman Mill
Rd
Fort Collins 10:10:00 AM
20 Epic 1801 Riverside Ave Fort Collins 10:20:00 AM
21 Drake Water Reclamation
Facility
3036 Environmental
Dr
Fort Collins 10:30:00 AM
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22 Police Services 2221 S Timberline
Rd
Fort Collins 10:40:00 AM
23 Collindale Pro Shop 1441 E Horsetooth
Rd
Fort Collins 10:50:00 AM
24 Fossil Creek Park 5833 S Lemay Ave Fort Collins 11:00:00 AM
25 Foothills Activity Center 241 E Foothills
Pkwy
Fort Collins 11:10:00 AM
26 Garden At Spring Creek 2145 Centre Ave Fort Collins 11:15:00 AM
27 Fort Collins Senior Center &
Drop Box
1200 Raintree Dr Fort Collins 11:20:00 AM
28 Park Shop 413 S Bryan Ave Fort Collins 11:29:00 AM
29 Fort Collins Housing Auth. 1715 W Mountain
Ave
Fort Collins 11:35:00 AM
30 Utilities Service Center 700 Wood St Fort Collins 11:45:00 AM
31 Lincoln Center 417 W Magnolia St
Floor
Fort Collins 11:50:00 AM
32 City Hall - West 300 Laporte Ave
STE B
Fort Collins 12:50:00 PM
33 Social Sustainability 321 Maple St Fort Collins 12:55:00 PM
34 215 N Mason Drop Box 215 N Mason St Fort Collins 1:00:00 PM
35 Larimer County Courthouse 200 W Oak St Fort Collins 1:10:00 PM
36 Restorative Justice 112 N Howes St Fort Collins 1:15:00 PM
37 Poudre River Library 201 Peterson St Fort Collins 1:20:00 PM
38 Mulberry Pool 424 W Mulberry St Fort Collins 1:25:00 PM
39 VanGo 419 Canyon Ave Fort Collins 1:30:00 PM
40 Poudre Fire Authority 3400 W Vine Dr
STE A
Fort Collins 1:40:00 PM
41 Water Treatment 4316 Laporte Ave Fort Collins 1:45:00 PM
42 Operation Services 300 Laporte Ave Fort Collins 2:10:00 PM
43 215 N Mason 215 N Mason St Fort Collins 2:20:00 PM
44 Transfort 250 N Mason St Fort Collins 2:25:00 PM
45 281 N College 281 N College Ave Fort Collins 2:30:00 PM
46 Streets 626 Linden St Fort Collins 2:35:00 PM
47 Traffic 626 Linden St Fort Collins 2:40:00 PM
48 Discovery 115 N Mason St Fort Collins 2:45:00 PM
49 Customer Service 117 N Mason St Fort Collins 2:46:00 PM
50 City Of Fort Collins 200 W Mountain Fort Collins 2:48:00 PM
51 City Hall - West 300 Laporte Ave
STE B
Fort Collins 2:50:00 PM
52 281 N College 281 N College Ave Fort Collins 2:55:00 PM
53 Fleet Services 835 Wood St Fort Collins 3:00:00 PM
54 Utilities Service Center 700 Wood St Fort Collins 3:05:00 PM
Generally, a 15-minute window is allowed either side of scheduled times due to traffic, weather,
trains, etc. Outgoing mail should be ready earlier rather than later.
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EXHIBIT B
COMPENSATION
The Feet would provide the route service, including the sort, route, and delivery to the U.S. Post
Office for $187.00 per day, plus a fuel surcharge.
The Feet would provide the daily mail metering service for $70 per day.
The Feet would invoice for the monthly postage, based on usage, from the 1st day of the month
through the last day of the month.
The Feet fuel surcharge would become effective at 5% when the average price of fuel reaches
$2.50**. The rate would increase .25% as the fuel average increases $.10. Full chart below:
$2.50-$2.59 - 5%
$2.60-$2.69 - 5.25%
$2.70-$2.79 - 5.50%
$2.80-$2.89 - 5.75%
$2.90-$2.99 - 6%
$3.00-$3.09 - 6.25%
$3.10-$3.19 - 6.50%
$3.20-$3.29 - 6.75%
$3.30-$3.39 - 7%
$3.40-$3.49 - 7.25%
$3.50-$3.59 - 7.50%
$3.60-$3.69 - 7.75%
$3.70-$3.79 - 8%
$3.80-$3.89 - 8.25%
$3.90-$3.99 - 8.50%
$4.00-$4.09 - 8.75%
** The source for indexing fuel prices for the average price for fuel will be
www.gasbuddy.com for the Fort Collins Area.
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EXHIBIT C
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement:
“The insurance evidenced by this Certificate will not reduce coverage or limits and
will not be cancelled, except after thirty (30) days written notice has been received
by the City of Fort Collins.”
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider 's general liability and automobile liability insurance
policies for any claims arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
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No new insurance required
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EXHIBIT D
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Service Provider has agreed to perform, the Service Provider
hereby acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Service
Provider agrees to treat as confidential (a) all information that is owned by the City, or that
relates to the business of the City, or that is used by the City in carrying on business, and (b) all
information that is proprietary to a third party (including but not limited to customers and
suppliers of the City). The Service Provider shall not disclose any such information to any
person not having a legitimate need-to-know for purposes authorized by the City. Further, the
Service Provider shall not use such information to obtain any economic or other benefit for itself,
or any third party, except as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall
have no obligation under this Agreement with respect to information and material that (a)
becomes generally known to the public by publication or some means other than a breach of
duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed,
provided that the request for such disclosure is proper and the disclosure does not exceed that
which is required. In the event of any disclosure under (b) above, the Service Provider shall
furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and
shall promptly advise the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including
without limitation preliminary and permanent injunctive relief and specific performance) in
addition to all other remedies provided hereunder or available at law.
DocuSign Envelope ID: 52BB0E58-7029-41A8-86E1-A1FD4A9D1CBA
DocuSign Envelope ID: 52BB0E58-7029-41A8-86E1-A1FD4A9D1CBA
DocuSign Envelope ID: 52BB0E58-7029-41A8-86E1-A1FD4A9D1CBA
DocuSign Envelope ID: 52BB0E58-7029-41A8-86E1-A1FD4A9D1CBA