Loading...
HomeMy WebLinkAbout- CONTRACT - AGREEMENT MISC - BICYCLE COOPERATIVE OF FORT COLLINSSERVICES 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 Bicycle Cooperative of Fort Collins, Inc., hereinafter referred to as "Service Provider". W ITNESSETH: 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 two (2) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence March 1, 2009, and shall continue in full force and effect until December 31, 2009, 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 two (2) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) 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 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 1 SA rev07/08 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 be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. rev06/07 Process to Utilize Found Bikes within the City of Fort Collins A) Four methods of reporting or submitting found bike: 1. Citizen can drop off a found or abandoned bike at the Co-op or call co-op for pick up. Coop provides documents received bike and provides receipt of bike to citizen 2. Recovered by a Police Officer? Officer can drop off bike at Co-op during business hours or use combo lock (secured drop off) after hours. 3. Police Services website lists Bike Co-op phone number and address. 4. If citizen brings bike to Timberline P.S. station, citizen is referred to Bike Co-op. B) Bike Received are checked two ways with Police Services to determine if they are stolen: 1. Co-op sends serial number of found bike to P.S. within 24-48 hours by fax or phone. 2. Physical check of found bike with weekly police reports. C) If the bike is Identified as stolen, Co-op notifies case officer who determines if the bike should either go to evidence or back to the original owner. D) If the bike is Unidentified, then the bike enter a step by step process: 1. Tag and store bicycle for 30 days 2. After 30 days, double check serial number of bike with police services by phone or fax. If the bike is identified, Co-op contacts case officer who determines outcome. If bike is not identified, proceed to next step: 3. Purchasing Dept. runs ad in Coloradoan on found bike. 4. Wait 10 days and if bike is not claimed, bike is ready for next phase, City Ownership. E. Recycled Bike Project: While under City ownership, Co-op dismantles, repairs, and/or designates the bike into 1 of 4 categories: 1. Bike Library (City property) 2. City Auction (high end bike) 3. Salvage — Recycled bikes and parts (non -usable bikes) 4. To Bike Co-op to be used for community programs. Bikes undergo a title transfer from the Purchasing Dept. and are then used 2 ways: a) Earn a Bike Program for at -risk youth and young adults. b) Donated to individuals and families determined to be low-income or challenged with other societal hardship. 1) FC Citizen can drop off a found or donated' bike at Co-op or call Co-op for pickup 2) Recovered by officer? Officer can drop off bike at co-op hours. i ua tiN A) Four ;,. Methods to Report or � Unidentified Bicycle Submit a FoundBicycle wy pus' <'�.}�d q y,,-c-•.-."Sy'-`snn< 3)PoliceServices 5 �� �`�- Step 3) Tag and store bicycle for 30 days website lists Bike Co- I o op phone number and 2 Step 4) After 30 days, double check serial #'s with P.S. address (222 Laporte) by fax h Step 5) If no match, send bike descript. & serial # to 4) If citizens brings.Purchasing Dept. to run ad in Coloradoan. bike to Timberline'- P.S. Station, citizen is Step 6) Wait 10 days after ad is placed for bike to be referred to Bike Co- ` claimed, if no claim is made Bicycle is ready for next op at 222 Laporte. phase (City ownership) City of Fort Collins PRODUCER (641)842-2135 FAX: (641)828-2013 I THIS McKay Insurance Agency, Inc. ONLY HOLD 106 East Main Street ALTEF P O Box 151 INSURED Fort Collins Bike Co-op 222 Laporte Ave. Fort Collins CO 80524 _. 1INSURER E: GN7�9 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AG T 1 IT N AI M INSR ADD'L TYPE OF INSURANCE POLICY NUMBER DATEYMM EFFECTIVE PDATE MMPDO TION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TORENTED $ 5O, OOO A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 1 OCCUR NTG0002477 10/7/2008 10/7/2009 MED EXP (My oneperson) $ 5,000 PERSONAL &AOV INJURY $ 1,000,000 GENERAL AGGRE ATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: X POLICY 71 JECT LOC PRODUCTS- MP/OP AGO $ 2,000,000 AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY (Per accident) tlenl) $ HIREDAUTOS NON -OWNED AUTOS PROPERTYDAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN EAA $ ANYAUTO S AUTO ONLY: AGO EXCESSIUMBRELLA LIABILITY -EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE 5 5 DEDUCTIBLE RETENTION WORKERS COMPENSATION AND WC STATU- EMPLOYERS'LIABILITY E.L. EACH ACCIDENT 5 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under E, L. DISEASE - EA EMPLOYE $ E.L. DISEASE -POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate holder is an additional insured but only with respect to liability arising out of the operations of the above named insured. City of Fort Collins PO Box 580 Fort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORIZEO REPRESENTATIVE icott Ziller/HILARY ACORD 25 (2001108) © ACORD CORPORATION 1988 IMR(199 mrnm nn� Penn 1 n(9 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. INS025(DiDa).DBa Page 2 d2 the following addresses: City: Copy to: Service Provider: City of Fort Collins City of Fort Collins Bicycle Cooperative of Fort Attn: Purchasing Attn: DK Kemp Collins, Inc. PO Box 580 FC Bike Library Attn: Rafael Milian Fort Collins, CO 80522 PO Box 580 222 Laporte Ave. Fort Collins, CO 80522 Fort Collins, CO 80524 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, per the attached Exhibit "A", consisting of two (2) pages, 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. 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. 2 SA rev07/08 9. 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. 10. 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. 11. 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. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non- 3 SA rev07/08 defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. 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. 14. 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 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. 15. 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. 16. 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 S SA rev07/08 holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., at. 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. SA rev07/08 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. 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C", consisting of two (2) pages, attached hereto and incorporated herein by this reference. SA rev07/08 CITY OF FORT COLLINS, COLORADO a municipal corporation James B. O'Neill II, CPPO, FNIGP Director -of Purchasing and Risk Management Date: Bicycle Cooperative of Fort Collins, Inc. By: //� G/`� .- 9:4 d el /�,llah PRINT NAME fires%dehf' CORPORATE PRESIDENT OR VICE PRESIDENT Date: o3l t t (o � (Cor or to Seal) SA rev07/08 EXHIBIT A SCOPE OF WORK Bicycle Cooperative of Fort Collins, Inc. - Scope of Work pertaining to the FC Bike Library Program and other bicycle services provided (For FC Bike Library Fleet Maintenance) 1. The Bicycle Cooperative of Fort Collins, Inc. will provide a FC Bike Library bicycle fleet manager to oversee all FC Bike Library bicycles. All hours worked by fleet manager will be billed back to FC Bike Library program under the auspices of the City of Fort Collins with an addition of 10% for administrative costs. Invoice format will be subject to the City of Fort Collins' specifications. Allowable billable hours are 25 hours per week and will begin February 1". Hours above 25 hours a week will be allowed during the "high -use season" from April through September as funding permits. 2. Monthly status reports on the state and condition of the FC Bike Library fleet of bicycles will be required on the 15`h of each month for the previous month. (Example: January's report is due February 15th). Requirements for this report will be mutually agreed upon by the Bike Library Committee. 3. The Bicycle Cooperative of Fort Collins, Inc. will maintain and store the FC Bike Library fleet of bicycles at City owned storage and operation facilities (222 Laporte Rd. and 300 N. Howes St.). 4. The Bicycle Cooperative of Fort Collins, Inc. will ensure the integrity of bicycles to be checked out by FC Bike Library patrons. All bicycles checked out to patrons will undergo a procedural examination prior to check out. 4.5. The Co-op and the Bike Library fleet manager will have responsibility for selecting and building all refurbished bikes and for sourcing and recommendation the purchase of new bicycles. The budget for these bikes will also be set by mutual agreement of the FC Bike Library Committee. 5. Refurbished FC Bike Library bicycle(s) provided by the Bicycle Cooperative of Fort Collins, Inc. will be prepared for rollout according to specifications determined by the FC Bike Library Committee. Bicycles furnished by the Bicycle Cooperative of Fort Collins, Inc. will be accompanied with detailed cost per bicycle including detailed information on new parts, make, and serial number. These expenses may be billed back to the FC Bike Library program under the auspices of the City of Fort Collins and will include a 10% administrative fee. 6. The Bicycle Cooperative of Fort Collins, Inc. is responsible for purchasing any supplies or bike parts only relevant to the FC Bike Library fleet of bicycles. These expenses may be billed back to the FC Bike Library program under the auspices of the City of Fort Collins and will include an additional 10% administrative fee. 7. The Bicycle Cooperative of Fort Collins, Inc. will coordinate with Bike Fort Collins to ensure inventory control, delivery, and placement of FC Bike Library bikes at the Cafe Bicyclette checkout station (#13 Old Town Square) and at the Bike Co-op (222 Laporte Rd.). Potential expenses incurred for inventory control, delivery and placement will be identified by the Bicycle Cooperative of Fort Collins, Inc.. The Bicycle Cooperative of Fort Collins, Inc. will inform the FC Bike Library Committee on potential expenses prior to implementation. The funding for potential expenses will be determined by the FC Bike Library Committee. 8. The Bicycle Cooperative of Fort Collins, Inc. and Bike Fort Collins will share volunteer resources to assist both the fleet manager and the volunteer coordinator with overall FC Bike Library responsibilities. The Bicycle Cooperative of Fort Collins, Inc. and Bike Fort Collins will work together to develop a volunteer recruitment and retention plan. 9. The Bicycle Cooperative of Fort Collins, Inc. will conduct the "found and abandoned bike process." (See Exhibit C, attached). Abandoned bicycles will be delivered by residents and/or retrieved by members of the Bicycle Cooperative of Fort Collins, Inc.. The City of Fort Collins will compensate the Bicycle Cooperative of Fort Collins, Inc. with free or low-cost use of City owed property to conduct its services. 10. The Bicycle Cooperative of Fort Collins, Inc. will recycle all steel with Aragon Iron and Metal, per City of Fort Collins contract for 6038 Sale of Scrap Metal. Any financial return on recycled materials will be placed back in the City's account to pay for Bicycle Cooperative of Fort Collins, Inc. operational expenses, such as phone, internet, electric, and gas. The City will report back to the Bicycle Cooperative of Fort Collins, Inc. on details, such as, Ibs recycled, monies received by the City from Aragon, as well as the cost of bills. 13. The Bicycle Cooperative of Fort Collins, Inc. will provide valet bike parking for several special events in 2009 (see attached list). The Bicycle Cooperative of Fort Collins, Inc. will be compensated at $125 per event. FC Bikes office in Transportation Planning at the City Fort Collins will provide payment to The Bicycle Cooperative of Fort Collins, Inc. for these services. 14. The Bicycle Cooperative of Fort Collins, Inc. will provide bicycles to various City Departments at the cost of $200.00 per bike. 15. The Bicycle Cooperative of Fort Collins, Inc. may choose to conduct bicycle education clinics under the auspices of the Safe Routes to School program at a cost of $400.00 per event.