HS - Digital and Print Advertising Services

1 REQUEST FOR PROPOSAL (RFP) PROPOSAL NUMBER: P22-31 DESCRIPTION: HS - Print & Digital Advertising Services QUESTION DUE DATE & TIME: 12/2/2022 @ 10AM (MT) RECORDING DATE: 12/16/2022 RECORDING TIME: 2:00 p.m. (MT) The Board of Larimer County Commissioners will only be accepting proposals electronically submitted via the Rocky Mountain E-Purchasing System (Bidnet) portal, at https://www.bidnetdirect.com/colorado/larimer-county/, up to the RECORDING DATE and TIME referenced above, at which time they will be recorded, but not publicly opened, to consider entering into a contract with one (1) or more firms to provide Advertising and Promotion Services on behalf of the Human Services Department. Prices and terms will remain in effect until a contract has been executed. Goods and Services solicited in this RFP may be eligible for Federal and/or State Funding. Larimer County requires

compliance with all federal and state rules and regulations related to such funding for these Goods and Services. Clauses and important supplements for Federal funds are included in EXHIBIT A – CONTRACT PROVISION FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS. 1. QUESTIONS: All questions regarding this proposal must be emailed to Purchasing Agent Christal Bateman, at cbateman@larimer.org. Questions are due no later than the QUESTION DUE DATE & TIME referenced above. Please call Christal Bateman at 970-498-5956 to verify receipt of your questions. No questions will be accepted after the date and time referenced above. All questions received will be answered via Addendum only. Addenda will be officially published at Bidnet at https://www.bidnetdirect.com/colorado/larimer-county/, and will also be shared on Larimer County Purchasing’s Bids and Proposals web site at www.larimer.org/bids NOTE: Unauthorized contact with any Larimer County employee other than Purchasing Agent Christal Bateman or the Purchasing Manager regarding this RFP may result in disqualification of your Proposal. 2. INSTRUCTIONS TO PROPOSERS: Starting March 30, 2020, Larimer County only accepts Proposals submitted via the Rocky Mountain E- Purchasing System (Bidnet). Proposals submitted by any other means will not be accepted. Proposers must be registered with Bidnet in advance in order to submit a proposal; registration is free. Larimer County strongly recommends each Proposer register with Bidnet well in advance of the submittal deadline to ensure they have adequate time to upload and submit their proposal. Proposers will not be compensated for generating, producing, or duplicating any proposal materials associated with this RFP, and it is the sole responsibility of the Proposer to ensure all required documents are submitted through Bidnet by the submission deadline. Proposals will be time-stamped by Bidnet upon receipt; Bidnet does not allow for uploading or submitting documents after the Proposal due date and time has passed, so LARIMER COUNTY | PURCHASING DIVISION P.O. Box 1190, Fort Collins, Colorado 80522-1190, 970.498.5955, Larimer.org https://www.bidnetdirect.com/colorado/larimer-county/ https://www.bidnetdirect.com/colorado/larimer-county/ http://www.larimer.org/bids https://www.bidnetdirect.com/colorado/larimer-county/ https://www.bidnetdirect.com/colorado/larimer-county/ 2 please allow adequate time to upload and submit your Proposal prior to the deadline. After uploading proposal documents, Proposers must click the SUBMIT button. Larimer County will not accept uploads that are “saved” but not “submitted”. To verify that a Proposal has been submitted successfully, Proposers may contact Bidnet Support or verify, via the Proposal Management tab in the Proposer’s account, that the documents are not in “Draft” status. Larimer County does not have access to, or control of, the vendor side of Bidnet. Please contact Bidnet at 1- 800-835-4603 for vendor support. Proposers are required to submit one (1) non-redacted proposal. All parts of the proposal should be combined and submitted as one (1) single .pdf file; proposals comprised of multiple separate files are not acceptable and your proposal may be rejected. Proposers may choose to also provide one (1) redacted .pdf proposal (as one single file), excluding any information that is not subject to disclosure under the Colorado Open Records Act (“CORA”), such as trade secrets, privileged information and confidential commercial, financial, geological or geophysical data exempt from public disclosure under C.R.S. §§ 24-72-204(3)(a)(IV). Statements that the entire proposal is confidential will not be honored. After the Notice of Award has been issued, all information submitted in response to this request for proposal (RFP) may be publicly disclosed if required under the CORA. If provided, the redacted electronic copy will be used to satisfy CORA requests. Proposers that do not provide a redacted electronic copy will have their non-redacted electronic copy used to satisfy CORA requests. Larimer County will endeavor to keep the non-redacted proposal, separate and apart from the redacted proposal subject to the provisions of CORA or Order of Court. By submitting a proposal, the proposer agrees they may not rescind their proposal on or after the closing date and time identified in the RFP or as modified by addendum. No delivery will become due or be accepted until an agreement has been completed either in the form of a formal executed contract, or a purchase order issued by the Purchasing Manager of Larimer County. Proposals must be furnished exclusive of any Federal, State, or Local taxes; Larimer County is tax exempt. No work will commence, nor will any invoices be paid before the contracted vendor provides the requested proof of insurance as outlined in the “Insurance Requirements”, and before such verification is approved by Larimer County Risk Management. Unless otherwise specified by contract, payment for work performed or goods sold to Larimer County can be expected within 30 days after receipt of the invoice and satisfactory acceptance from the Department receiving the service or goods. Proposer certifies, warrants, and agrees that (he) (she) (it) has knowledge of the “Keep Jobs in Colorado Act” codified at § 8-17-101, et seq. of the Colorado Revised Statutes and that Colorado labor will be employed to perform at least eighty percent (80%) of the work. See https://cdle.colorado.gov/workplace-conditions/keep- jobs-in-colorado-act for more information regarding this Act, which applies to Public Works projects only. The definition of Public Works is found under the “Keep Jobs in Colorado Act Rules”, which is listed on the website listed above. “Frequently Asked Questions” about this Act may be found at: https://cdle.colorado.gov/sites/cdle/files/KJICA%20FAQs%20October%202020.pdf Larimer County reserves the right to reject any and or all proposals, to further negotiate with any and/or qualified proposers and to waive informalities and irregularities in proposals received, and to accept any portion of the proposal if deemed to be in the best interest of Larimer County to do so. If, in the sole judgment of the Board of County Commissioners, the proposals are substantially equal, the Board may grant the contract to companies located in Larimer County, however this is not applicable in the case that Federal funds are used. https://www.sos.state.co.us/pubs/info_center/laws/Title24/Title24Article72Part2.html https://cdle.colorado.gov/workplace-conditions/keep-jobs-in-colorado-act https://cdle.colorado.gov/workplace-conditions/keep-jobs-in-colorado-act https://cdle.colorado.gov/sites/cdle/files/KJICA%20FAQs%20October%202020.pdf 3 Larimer County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notified all proposers that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises (including minority-owned or women-owned) will be afforded full and fair opportunity to submit a proposal in response to this Request for Proposal and will not be discriminated against on the grounds of race, color, religion or religious affiliation, sex, familial status, age, genetics, disability, or national origin in consideration for an award. All businesses, organizations, and individuals contracting with Larimer County must comply with Title II of the Americans with Disabilities Act of 1990, as amended. For more information on these requirements and to read the full Title II text, please go to the following web page: https://www.ada.gov/ada_title_II.htm. No vendor awarded a solicitation will be federally debarred. The proposer certifies that by signing the contract, neither the proposer nor subcontractors, the organization nor its principals are suspended or debarred or otherwise excluded from procurement by the Federal government. Such debarment will be checked through the System for Award Management, at https://sam.gov/content/exclusions. Other governmental entities may piggyback on the award of this solicitation, assuming the award vendor is amenable, and should contact Larimer County Purchasing for any necessary procurement documents. The entity will deal directly with the award vendor concerning the placement of Purchase Orders, freight charges, contracting and disputes, invoicing, and payment. Larimer County will not be held liable or responsible for any liability, claims, costs, damages, demands, actions, losses, judgments, or expenses incurred by the vendor or any government entity relating to such use. 3. PROJECT OVERVIEW: The Larimer County Department of Human Services seeks to communicate with various stakeholders and help raise public awareness of the resources available to the community by contracting with multiple vendors to perform as-needed advertising services through various mediums including but not limited to print (magazines, newspapers, out of home, and other print media ads) and digital (cloud technology, internet, radio, television, and out-of-home). The objective of this request for proposal is to provide Larimer County with multiple options for the placement of Human Service advertising to ensure a wide distribution within Larimer County. Proposers need not propose for all categories of advertising to be considered for award. We are seeking vendors within multiple markets best suited for promoting the Human Services Department. Extensive knowledge in promoting to targeted audiences and the media used for these promotions is a necessity. Any quantities listed in this Request for Proposal are estimates only and there is no guarantee of work; this solicitation may be awarded to multiple vendors. 4. QUALIFICATIONS/REQUIREMENTS: Qualifications, at a minimum, include the following per service and must be documented explicitly in your proposal: 4.1 Successful vendors must demonstrate general circulation in the County of Larimer for the provision of advertising. 4.2 Successful newspaper advertising vendors must provide physical and digital newspaper advertisements within their newspaper domain. 4.3 Successful digital advertising vendors must provide digital advertising options that would display outside their original domain and countywide. 4.4 Successful mass community advertising vendors must show availability of locations for advertising in Larimer County. 4.5 Ability to resize county-provided design files for optimal display in publication. https://www.ada.gov/ada_title_II.htm https://sam.gov/content/exclusions 4 5. SCOPE OF WORK: The successful Contractor(s) at a minimum, will provide, perform, and/or furnish the following: 5.1 Resize county-provided design files for optimal display in selected publication, as needed; 5.2 Media and Advertising Planning: Suggest strategies to reach different target audiences and achieve unique advertising goals within budget and timeline framework; 5.3 Provide analytic reports to demonstrate performance of tactics and provide future recommendations based on analytics; 5.2 Advertising Mediums: The County strives to have multiple advertising markets available to utilize. The mediums listed below are representative of types of advertising we would like available for consideration but are not meant to be an all-exhaustive list. Vendors are encouraged to propose other available mediums they feel would be beneficial to meet our advertising goals. 5.2.1 Print Ad for local circulation a. Newspapers b. Magazines c. Periodicals 5.2.2 Print Ad – out-of-home a. Billboards b. Bus shelters/street furniture c. Public transit d. Exhibits/Sponsorships 5.2.3 Digital or online a. Within the paper web domain b. Within the parent company web domain (additional assets outside of the normal news outlet) c. Outside the parent company web domain (throughout the world wide web, similar to Google Ads) d. Streaming Radio e. YouTube f. Social Media (TikTok, Snapchat, Facebook/Meta, and Instagram) g. Geofence marketing for specified campaigns f. Digital out-of-home h. Email/SMS Campaign 5.3 Work Requests 5.3.1 For each individual project on which Contractor’s services are needed, a Work Request will be generated by County and provided to Contractor. Each Work Request shall include at a minimum a description of services to be provided, applicable timing requirements, and any other special circumstances related to the project. 5.3.2 Upon receipt of each Work Request, Contractor shall provide project specific quote with a breakdown of estimated costs along with a total not-to-exceed for the work, a proposed schedule, rates, and a brief proposal of the approach for County review and approval. The project costs not to exceed and cost breakdown shall be based upon the prices set forth in Price Schedule. 5.3.2 No Work shall begin on any project until a Work Order specific to the project is issued by County. 6. INSURANCE: Larimer County is diligent about enforcing insurance requirements listed in all contracts. This diligence means that the County expects that all submitted proposals will include an Evidence of Coverage Certificate (EOC) that most closely meets the insurance coverage requirements listed (see example EOC below). Proof of Auto Liability and Workers’ Compensation insurance is waived if goods/products are not delivered to a County facility (delivery is made to roadway or private staging area), or they are delivered by a common carrier (i.e., private shipper or freight forwarder, etc.). 5 BEFORE submitting your company proposal, confirm with your insurance carrier that your company can meet the insurance requirements published in the solicitation. Your company insurance coverages should be correctly noted in the most current EOC. NOTE: All Larimer County contracts require that the Award Vendor possess appropriate insurance at all times during the contract; these coverages are purchased at the company's expense. The County’s insurance requirements may necessitate a company adding or increasing coverage/limits, and those changes may impact pricing for the proposed project. These costs must be included in your pricing at the time of submission and will not be permitted to be added later. Upon Notice of Award, the Award Vendor will be required to submit a valid Certificate of Insurance (COI) that meets, at a minimum, the Insurance Requirements published in the solicitation (see example COI below). This valid COI must be received by Larimer County within 10 calendar days of the Notice of Award and must include Larimer County listed as Additional Insured and Certificate Holder. Work may begin after the COI has been approved by Risk Management. What Is An EOC/COI & How to Obtain A Copy An Evidence of Coverage (EOC) certificate is a statement that shows a company's insurance coverage, limits, and effective dates in addition to policy verification information. A Certificate of Insurance (COI) shows the same information BUT is created specifically for the contracted company with who the named insured is doing business. A COI also differs from an EOC in that it can provide Additional Insured coverage. An Additional Insured endorsement protects the named Additional Insured (Larimer County) under the named insured's (Awarded Company) policy - allowing the named Additional Insured to file a claim directly with the carrier of the named insured. There may be several points of contact at your company for obtaining an EOC and a COI. The employee at your company who regularly interacts with the company's insurance agent/broker to purchase insurance coverages or renew coverages may be able to supply an EOC and request a specific COI. In some companies, the employee in the Legal, Risk Management, or Human Resource Department responsible for handling insurance claims may be able to obtain a copy of the current EOC or request a COI. If the company insurance agent/broker has any questions, please have them reach out to the Larimer County Risk Management Division at (970) 498-5963 or via email at InsuranceCert@larimer.org. CERTIFICATE EXAMPLES: Evidence of Coverage EXAMPLE certificate - EOC.pdf Certificate of Insurance EXAMPLE - COI.pdf Failure to provide a properly formatted and valid Certificate of Insurance (COI) may create a delay in starting work or negate any award of business. Let's work together to get work done! 6.1 INSURANCE REQUIREMENTS: Prior to commencement of any work, contractor shall provide a Certificate of Insurance to Larimer County, 1501 Blue Spruce, Fort Collins, Colorado 80521 or InsuranceCert@larimer.org. The insurance required shall be procured and maintained in full force and effect for the duration of the Contract and shall be written for not less than the following amounts, or greater if required by law. The Certificate Holder section must list Larimer County and the address listed above. I. Workers' Compensation and Employers' Liability A. State of Colorado: Statutory B. Applicable Federal: Statutory C. Employer's Liability: $100,000 Each Accident $500,000 Disease-Policy Limit $100,000 Disease-Each Employee mailto:InsuranceCert@larimer.org https://www.larimer.org/sites/default/files/uploads/2021/evidence_of_coverage_example_certificate_-_eoc.pdf https://www.larimer.org/sites/default/files/uploads/2021/certificate_of_insurance_example_-_coi.pdf 6 D. Waiver of Subrogation A signed Workers’ Compensation waiver must be provided if the contractor/vendor is not required to carry Workers’ Compensation coverage per Colorado Workers’ Compensation Act (8-40-202(2)(b). II. Commercial General Liability on an Occurrence Form including the following coverages: Premises Operations; Products and Completed Operations; Personal and Advertising Injury; Liability Assumed under an Insured Contract; Independent Contractors. Coverage provided should be at least as broad as found in Insurance Services Office (ISO) form CG0001. Minimum limits to be as follows: A. General Aggregate Limit $2,000,000 B. Products & Completed Operations Aggregate Limit $2,000,000 C. Personal & Advertising Injury Limit $1,000,000 D. Bodily Injury & Property Damage Each Occurrence Limit $1,000,000 Other General Liability Conditions: 1. Products and Completed Operations to be maintained for one year after final payment. Contractor shall continue to provide evidence of such coverage to the County on an annual basis during the aforementioned period (as appropriate). 2. Contractor agrees that the insurance afforded the County is primary. 3. If coverage is provided on Claims Made forms, the insurance shall continue for a period of not less than 3 years following termination of the agreement. The insurance shall have a retroactive date of placement prior to or coinciding with the commencement of the Term of the Agreement. III. Professional Liability/Errors & Omissions $1,000,000 IV. Minimum required limits set forth herein may be met by utilizing a combination of excess/umbrella policies in conjunction with primary insurance policies if necessary. V. All Insurance policies (except for Workers Compensation and Professional Liability) shall include Larimer County and its elected and appointed officials and employees as additional insureds as their interests may appear. The additional insured endorsement should be at least as broad as ISO form CG2010 for General Liability coverage. Additional Insured endorsement(s) shall be attached to the certificate of insurance that is provided to the county. VI. The County reserves the right to reject any insurer it deems not financially acceptable by insurance industry standards. Property and Liability Insurance Companies shall be licensed to do business in the State of Colorado and shall have an AM Best rating of not less than A- VII. VII. Notice of Cancellation: Each insurance policy required by the insurance provision of this Contract shall provide the required coverage and shall not be suspended, voided, or canceled except after thirty (30) days prior written notice has been given to the County, except when cancellation is for non- payment of premium, then ten (10) days prior notice may be given. Such notice shall be sent directly to Larimer County, 200 W. Oak St. Suite 4000, Ft. Collins, CO 80521 or InsuranceCert@larimer.org. If the insurance company refuses to provide the required notice, the contractor or its insurance broker shall notify the County of any cancellation, suspension, non-renewal of any insurance within seven (7) days of receipt of insurers’ notification to that effect. VIII. Subcontractors: If subcontractors are used by vendor in the performance of contracted services, all subcontractors are required to carry insurance coverage consistent with the limits as listed in this document and the subcontractor must include Larimer County an additional insured as described in section V. ANY DEVIATIONS FROM THE STANDARDS GIVEN ABOVE MUST BE APPROVED BY THE LARIMER COUNTY RISK MANAGEMENT DEPARTMENT. 7 7. EVALUATION CRITERIA: Proposal submittals will be individually evaluated and scored by each Evaluation Committee Member. The criteria below will be the basis for review of the written proposals. The criteria below will be the basis for review of the written proposals. The rating scale shall be from 1 to 10, with 1 being a poor rating, 5 being an average rating, and 10 being an outstanding rating. CRITERIA STANDARD WEIGHTING FACTOR Background, Experience, and Qualifications ● Does the Contractor have the resources and capacity to successfully provide the services on-time and within budget? ● Does the Contractor possess the experience and qualifications to meet the needs of the County? ● Does the Contractor demonstrate they’ll be able to meet the distribution needs of the County? 40% Pricing/Fee Schedule ● Is the Contractor’s pricing structure competitive, reasonable, and advantageous to Larimer County? • Is the fee structure based on the services to be provided? • Is the placement or amount of benefits for a proposed budget consistent with expectations? (i.e.: number of impressions, number of ad runs, types of benefits, etc.) • Is pricing easy to understand and in alignment with Uniform Administrative Requirements, Cost Principles, and Audit Requirements under Federal Awards? E.g. Cost-Plus- Percentage-of-Costs Contracts are strictly prohibited. 30% Approach/Statement of Work ● Did the Contractor clearly describe their approach, methods, and specific steps for addressing the County’s advertising and promotional needs? ● Is the approach written like a Statement of Work with a detail list of all the services the Contractor plans to provide? ● Does the Contractor demonstrate an understanding of existing conditions, requirements, program objectives, sequence of work and methodology, and the desired results? 20% Adequacy and Completeness of Proposal ● Does the proposal demonstrate an understanding of the objectives and results that are desired? ● Is the proposal clear, concise, and responsive to submittal requirements while introducing innovative and efficient approaches that may be of interest to Larimer County? 10% 8. AWARD AND AGREEMENT: This solicitation will be awarded to the vendor(s) with the most responsive, responsible, reasonable proposal deemed the best value, best fit, and most advantageous to Larimer County. (Interviews may be held, and references may be contacted to assist in the decision for the award). A Larimer County Purchase Order, this Request for Proposal document, the Award Vendor’s Proposal in Response, and Exhibit A – Federally-Funded Projects Contract Provisions, all of which will be incorporated by reference, will serve as the Agreement between the Board of County Commissioners of Larimer County Colorado, and the awarded organization(s). The Award Vendor(s) will be required to sign the Purchase Order. For each individual project on which Contractor’s services are needed, the County will generate a Work Request and provide it to Contractor. Each Work Request shall include, at a minimum the contact person for the project (“County Project Manager”), the Project Manager’s contact information, a detailed description of services to be provided, any applicable timing requirements, and any other special circumstances relating to the project and or performance of services. Upon receipt, Contractor shall propose a not-to-exceed/maximum cost to County for the project based on the established Contractor’s rates and fees and if it is agreeable to 8 County, that amount shall be incorporated into the Work Order. No Work shall begin on any project until a Work Order specific to the project is issued by County -See Exhibit B – Sample Work Order. Any exceptions or requested additions to the Purchase Order must be stated and submitted with your proposal; these requests will not be accepted after the bid has opened. The County makes no guarantee of any changes or concessions but will review and consider all requests submitted. The term of the agreement shall be for one (1) year from the date the agreement is executed. The County, at its sole option, may offer to extend this Contract for up to four (4) additional one-year terms. The extension option may be exercised by providing satisfactory service and must be mutually agreed upon in writing by and between the County and the Award Vendor. 9. PROPOSAL SUBMITTAL REQUIREMENTS: Following submission directions detailed starting on page 1 of this solicitation, submit your non-redacted proposal addressing each of the following items. Parent companies need only submit one (1) proposal with their available offerings e.g. separate newspaper/advertising brands. As time is of the essence, brevity is appreciated, all SUBMITTALS should be no more than 25 pages, with no significant font less than 10pt; all items listed below are to be included in the page count. Proposers should provide only the information requested, and present it in a clear, concise manner. Incomplete proposals, proposals that do not adhere to the page maximum, or proposals that do not address each of the following items in the order as outlined below may be rejected. NOTE: All parts of the proposal should be combined and submitted as one (1) single .pdf file; proposals comprised of multiple separate files or not as directed below are not acceptable and may be rejected. Proposers are encouraged, but not required, to provide one (1) redacted .pdf proposal, excluding any information that is not subject to disclosure under the Colorado Open Records Act (“CORA”), see page 2 for additional information. If we do not receive a redacted copy, the proposer’s original copy will be used to satisfy public records requests. 1. Signed Signature Page (page 10) 2. Cover Letter 3. Contract Requirements: 3.1. Limitations off Liability: Do you require a Limitation of Liability provision in the final contract? The County is unlikely to accept a Limitation of Liability provision due to Colorado Constitution Article XI, §1 and §2. 3.2. Contract Template: Any exceptions or requested additions to the Purchase Order must be stated and submitted with your proposal; these requests will not be accepted after the bid has opened. The County makes no guarantee of any changes or concessions but will review and consider all requests submitted. Exhibit A – Federally-Funded Projects Contract Provisions will be incorporated into the final Agreement between County and Award Vendor(s). 4. Insurance: Provide a copy of your Evidence of Coverage Certificate (EOC) or Certificate of Insurance (COI) that most closely reflects the insurance requirements described in this solicitation. 4.1. Provide statements to answer the following questions: 4.1.1. Does coverage meet minimum project requirements? 4.1.2. Can coverage be increased if required? 4.1.3. Can the County be listed as an additional insured? 5. Organization’s Background/Experience: 5.1. Each proposal must include a brief history of the Proposer’s business, including, but not limited to: its legal name, address, home office location, date established, ownership (partnership, corporation, limited liability company, parent/subsidiary), organization leadership, and number of employees. 5.2. Describe, in detail, your organization’s experience providing the services described in this RFP. https://www.larimer.org/finance/purchasing/purchase-order-terms-and-conditions https://www.larimer.org/finance/purchasing/purchase-order-terms-and-conditions https://www.sos.state.co.us/pubs/info_center/laws/Title24/Title24Article72Part2.html https://www.larimer.gov/finance/purchasing/purchase-order-terms-and-conditions 9 5.3. Provide three (3) client references for which you provided similar services within the past ten (10) years. At a minimum, include a brief description of the service provided, dates of service, and contact information. 5.4. Identify any points that make your organization uniquely qualified to provide these services. 6. Qualifications/Requirements: Explicitly describe/explain how your firm meets or exceeds the following: 6.1. Successful vendors must demonstrate general circulation in the County of Larimer for the provision of advertising. 6.1.1. Provide a detailed description or report detailing the Organization’s distribution within Larimer County, including bulk, home, and business distribution by geographic area (postal code or other). 6.1.2. Provide a report on readership figures and/or statistics tracking customer usage of website/digital viewership. 6.2. Successful newspaper advertising vendors must provide physical and digital newspaper advertisements within their newspaper domain. 6.3. Successful digital advertising vendors must provide digital advertising options that would display outside their original domain and countywide. 6.4. Successful mass community advertising vendors must show availability of locations for advertising in Larimer County. 6.5. Ability to resize county-provided design files for optimal display in publication. 7. Approach/Statement of Work: Proposers need not provide all the listed types of advertising mediums to be considered for award; we are looking for innovative solutions in addition to the advertising methods currently being utilized. Your approach should be written like a Statement of Work with a detailed list of all the services you plan to provide. Larimer County plans to take your approach and incorporate it into the contract. 7.1. Proposers should demonstrate a thorough understanding of the County’s needs must describe their approach, methods, and specific steps for addressing the County’s advertising and promotional needs. 8. Pricing/Fee Schedule: Please provide pricing for the following, depending on the type of advertising you offer (parent companies should provide separate pricing for each "newspaper brand"): 8.1. Physical newspaper advertisements, sized two (2) columns by five (5) inches, running five (5) times in a one-month (30-day) period. 8.2. Digital ad campaign to run in a 30-day time period on the e-newspaper domain for a budget of $1500. Please include what sizes of ads and the number of impressions received for this budget amount. 8.3. Physical ad included in a specialty insert for under $1500. Please provide the type of insert, the size of the ad, and additional benefits that would apply to this ad buy. 8.4. Targeted digital ad campaign to run as text only, based on keywords like ‘heat assistance’ or ‘assistance in paying heating bills’. Budget of $2,000 over a one-month (30-day) timeframe. Please include the number of impressions received for this budget amount. 8.5. Targeted digital ad campaign to run as display ads on various websites, news outlets, or mobile apps with a budget of $2,500. 8.6. Targeted geofenced digital ad campaign to run on various websites, news outlets, or mobile apps with a budget of $2,500. 8.7. Special event sponsorships (similar to a Senior Resource Fair) for a budget amount of $3,000. Please provide the benefits received from a sponsorship level of this size, including advertising, booth space, digital ads, and other benefits. 8.8. Facebook campaign to include sponsored posts for a budget of $1,000. 8.9. Radio ad campaign to run over a 60-day time period for a budget of $4,000, please include traditional radio, streaming radio and digital campaigns that would be included. 8.10. Out-of-home advertising (billboards, bus benches, public transit, etc.) to run over a 4-month period in Larimer County, with a budget of $5,000. 8.11. Advertising rates/fees for any other categories of advertising you are proposing to provide. 10 SIGNATURE PAGE ADDENDA: The proposer acknowledges the receipt of the following Addenda: Addendum Number Date of Addendum Date Received ________________ ___________________ _______________ ________________ ___________________ _______________ The undersigned certifies that he/she has examined the specifications and instructions to proposers and has submitted a proposal in full compliance and without collusion with any other person, individual or corporation. All employees hired to perform labor or services in the United States after November 6, 1986, will have completed Form I-9, Employment Eligibility Verification, and the undersigned certifies they participate in the E- Verify Program or Department Program to verify the employment eligibility of all new employees. SIGNED: _____________________________________ TITLE: ___________________________________ PRINTED NAME: ________________________________________________________________________ FIRM: _____________________________________ UNIQUE ENTITY ID (DUNS): _____________________ ADDRESS: ______________________________________________________________________________ CITY: _______________________________ STATE: ______________________ ZIP: ________________ DATE: _____________________________________ TELEPHONE NUMBER: ______________________ EMAIL ADDRESS:________________________________________________________________________ Provide the following information for the individual who will serve as the primary contact for your organization for technical and contractual clarifications during the RFP process, if different than the signatory: PRIMARY CONTACT NAME: TITLE: ADDRESS: PHONE NUMBER: FAX NUMBER: EMAIL ADDRESS: For further information regarding this request for proposal, P22-31, please contact Purchasing Agent Christal Bateman, at (970) 498-5956, or cbateman@larimer.org. mailto:em@il@larimer.org Contract Provisions for Non-Federal Entity Contracts under Federal Awards Page 1 of 13 EXHIBIT A - CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS This attachment is expressly incorporated into the foregoing agreement (“Agreement”). The parties acknowledge that the Agreement is subject to the provisions of 2 C.F.R. Part 200 for projects funded in whole or in part by federal funds and the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) for projects resulting from Declared Presidential Disasters. The following provisions are incorporated into the Agreement: A. Default and Remedies. 1. Consultant’s failure to fulfill in a timely and proper manner its obligations under this Agreement, or Consultant’s violation of any of the covenants, agreements, or stipulations of the Agreement, shall constitute an Event of Default under this Agreement. The following shall also constitute an Event of Default: i. Consultant (a) is generally not paying its debts as they become due; (b) files or consents by answer or otherwise to the filing against it of a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction; (c) makes an assignment for the benefit of its creditors; (d) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of Consultant or of any substantial part of Consultant’s property; or (e) takes action for the purpose of any of the foregoing. ii. A court or government authority enters an order (a) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Consultant or with respect to any substantial part of Consultant’s property; (b) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction; or (c) ordering the dissolution, winding-up or liquidation of Consultant. 2. On or after any Event of Default, County shall have the right to exercise its legal and equitable remedies, including without limitation, the right to terminate the Agreement or seek specific performance of all or any part of the Agreement. In addition, County shall have the right, but no obligation, to cure or cause to be cured any Event of Default on behalf of the Consultant; and in such event Consultant shall pay to County on demand all costs and expenses incurred by County in effecting such cure. County shall have the right to offset from any amounts due to Consultant under the Agreement or any other agreement between County and Consultant all damages, losses, costs and expenses incurred by County as a result of such Event of Default, including reasonable attorney fees and costs. 3. In the event County elects to terminate the Contact on or after any Event of Default, any such termination will be made by giving Consultant notice in writing. Termination will be effective immediately unless otherwise specified in the notice of termination. In such an event, all finished or unfinished work, documents, data, studies, and reports by Consultant under the Agreement shall, at the option of County become its property. Subject to offset as set forth above, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed prior to the effective date of termination. 4. If, after termination for any Event of Default, it is determined that Consultant was not in default, the rights and obligations of the parties shall be the same as if termination had been issued for convenience of County as set forth below. Contract Provisions for Non-Federal Entity Contracts under Federal Awards Page 2 of 13 B. Termination for Convenience. (applicable if the Agreement is in excess of $10,000) 1. The County may terminate this Agreement in its sole discretion at any time and for convenience and without cause. Any such termination will be made by giving Contractor notice in writing and specifying the specific date on which termination is effective. Upon receipt of written notice of termination, Contractor shall take all actions necessary to effect the termination of this Agreement on the date specified in the termination notice and to minimize the liability of Contractor and County to third parties. All such actions shall be subject to prior approval of the County and shall include, without limitation, the following: i. Halting the performance of all services and other work under the Agreement on the date(s) and in the manner specified by County; ii. Not placing any further orders or subcontracts for materials, services, equipment, or other items; iii. Terminating all existing orders and subcontracts; iv. At County’s direction, assigning to County any or all of Contractor’s right, title, and interest under the orders and subcontracts terminated. Upon such assignment, County shall have the right, in its sole discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; v. Subject to County’s approval, settling all outstanding liabilities and all claims arising out of the termination of orders and subcontracts; vi. Completing performance of any services or work that County designates to be completed prior to the date of termination specified by County; vii. Taking such action as may be necessary, or as the County may direct, for the protection and preservation of any property related to this Agreement which is in the possession of Contractor and in which the County has or may acquire an interest. 2. In the event of termination for convenience, Contractor will be paid for work completed pursuant to the Agreement prior to such termination. The amount of such compensation shall be the proportion of work completed and unpaid prior to the effective date of termination in relation to the total compensation provided for in the Agreement. Contractor shall also, within 30 days after the termination date, submit to County an invoice for reasonable actual expenses incurred by Contractor for its actions taken, with prior approval from County, pursuant to section B(1) above. 3. In no event shall County be liable for costs incurred by Consultant or any of its subcontractors after the termination date specified by County, except for those costs specifically enumerated and described in the Sections B (1) and (2) above. Such non-recoverable costs include, but are not limited to, anticipated profits on this Agreement, post-termination employee salaries, post- termination administrative expenses, post-termination overhead or unabsorbed overhead, attorneys’ fees or other costs related to the prosecution of a claim or lawsuit, prejudgment interest, or any other expense which is not reasonable and authorized under such Sections B (1) and (2) above. 4. In arriving at the amount due to Consultant under this Section, County may deduct: i. All payments previously made by County for work or other services covered by Consultant’s final invoice; ii. Any claim which County may have against Consultant in connection with this Agreement; iii. Any invoiced costs or expenses excluded pursuant to the immediately preceding subsection (3); and iv. In instances in which, in the opinion of the County, the cost of any service or other work performed under this Agreement is excessively high due to costs incurred to remedy or replace defective or rejected services or other work, the difference between the invoiced amount and County’s estimate of the reasonable cost of performing the invoiced services or other work in compliance with the requirements of this Agreement. Contract Provisions for Non-Federal Entity Contracts under Federal Awards Page 3 of 13 C. Equal Employment Opportunity. (applicable if the Agreement is a “federally assisted construction project” in excess of $10,000) During the performance of this Agreement, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. 4. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Contract Provisions for Non-Federal Entity Contracts under Federal Awards Page 4 of 13 Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. D. Compliance with the Davis-Bacon Act and the Copeland “Anti-Kickback" Act. (applies to prime construction Agreements in excess of $2,000) Contractor shall comply with 40 U.S.C. 3141-3144 and 40 U.S.C. 3146-3148, as supplemented by 29 C.F.R. pt. 5. set forth below. 1. Minimum Wages. i. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraph (B)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. ii. A. The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: a. The work to be performed by the classification requested is not performed by a classification in the wage determination; and b. The classification is utilized in the area by the construction industry; and Contract Provisions for Non-Federal Entity Contracts under Federal Awards Page 5 of 13 c. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. B. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. C. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. D. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. iii. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. iv. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding. The County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the County may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records. Contract Provisions for Non-Federal Entity Contracts under Federal Awards Page 6 of 13 i. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. ii. A. The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the federal funding agency if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the federal funding agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the federal funding agency if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the federal funding agency, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner). B. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: a. That the payroll for the payroll period contains the information required to be provided under § 5.5(a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being Contract Provisions for Non-Federal Entity Contracts under Federal Awards Page 7 of 13 maintained under § 5.5(a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; b. That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; c. That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. C. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. D. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. iii. The contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the federal funding agency or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees. i. Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, Contract Provisions for Non-Federal Entity Contracts under Federal Awards Page 8 of 13 expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. ii. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. iii. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the federal funding agency may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. Contract Provisions for Non-Federal Entity Contracts under Federal Awards Page 9 of 13 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. i. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). ii. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). iii. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. E. Contract Work Hours and Safety Standards Act. (applicable if the Agreement is in excess of $100,000 and involves the employment of mechanics or laborers) The Contractor shall comply with the following: 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 3. Withholding for unpaid wages and liquidated damages. The County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 4. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include Contract Provisions for Non-Federal Entity Contracts under Federal Awards Page 10 of 13 these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 5. Work Conditions. The requirements of 40 U.S.C. 3704 are applicable to construction work. No laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. F. Rights to Inventions Made. (applicable if the Agreement relates to experimental, research, or development projects funded in whole or in part by the Federal Government, and the award of federal funds meets the definition of a “funding agreement” under 37 C.F.R. §401.2(a)) 1. If the federal award providing funding for this Agreement meets the definition of “funding agreement” under 37 C.F.R. §401.2(a) and this Agreement is between the County and a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under such funding agreement, the County and Contractor shall comply with and be bound by the requirements of 37 C.F.R. Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperating Agreements,” and any implementing regulations issued by the awarding agency. G. Clean Air Act and Clean Water Act. (applicable if the Agreement is in excess of $150,000) 1. Clean Air Act. i. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act at 42 U.S.C. § 7401 et. seq. ii. The Contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the State of Colorado, the federal awarding agency, and the appropriate Environmental Protection Agency Regional Office. iii. The Contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with a federal award. 2. Federal Water Pollution Control Act. i. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et. seq. ii. The Contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the State of Colorado, federal awarding agency, and the appropriate Environmental Protection Agency Regional Office. iii. The Contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with a federal award. H. Debarment and Suspension. 1. Contractor affirms that neither it nor its principals are suspended or debarred or otherwise excluded from procurement by the Federal Government and do not appear in the SAM Exclusions, which is a list maintained by the General Services Administration. 2. If the Agreement is for $25,000 or more, it is a covered transaction for purposes of 2 C.F.R. Part 180, and the following apply: Contract Provisions for Non-Federal Entity Contracts under Federal Awards Page 11 of 13 i. The Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. §180.995), or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). ii. The Contractor must comply with 2 C.F.R. Part 180, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the County. If it is later determined that the Contractor did not comply with 2 C.F.R. Part 180, subpart C, in addition to remedies available to the State of Colorado and the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. Throughout the period of this Agreement, Contractor agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C. The Contractor agrees to include a provision requiring such compliance in its lower tiered covered transactions. I. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification set forth in CERTIFICATION REGARDING LOBBYING for the specific funding source. Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining a federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient. J. Procurement of Recovered Materials. 1. In the performance of this Agreement, where the purchase price of a product exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: i. Competitively within a timeframe providing for compliance with the Agreement performance schedule; ii. Meeting Agreement performance requirements; or iii. At a reasonable price. 2. Information about this requirement is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. The list of EPA-designated items is available at https://www.epa.gov/sites/production/files/2016- 02/documents/cpg-fs.pdf. K. Domestic Preference. 1. In the performance of this Agreement, Contractor shall, as appropriate and to the greatest extent practicable, purchase, acquire, and/or use goods, products, and materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. 2. For purposes of this section: i. "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Contract Provisions for Non-Federal Entity Contracts under Federal Awards Page 12 of 13 ii. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. L. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. 1. In the performance of this Agreement, Contractor is prohibited from using covered telecommunications equipment or services as a substantial or essential component of any system or as critical technology as part of any system. Unless otherwise set forth in Public Law 115-232, section 889, The term “covered telecommunications equipment or services” means any of the following: i. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). ii. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). iii. Telecommunications or video surveillance services provided by such entities or using such equipment. iv. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 2. The provisions in this section shall be included in all subcontracts. M. Contracting with Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms. 1. If subcontracts are to be let, Contractor must take the following affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. N. Energy Efficiency. The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. §6201). The Contractor agrees to include this clause in each third-party subcontract financed in whole or in part with federal assistance. Contract Provisions for Non-Federal Entity Contracts under Federal Awards Page 13 of 13 O. Federal Law, Regulations, and Executive Orders. Contractor acknowledges that funding for projects under this Agreement may include federal, state, and/or local money, and that financial assistance from federal agencies will be used to fund specific projects under this Agreement only. For those projects, Contractor agrees to comply with all applicable law, rule, regulation, executive order, policies of the applicable federal funding agency, procedure, and directives. P. No Obligation by Federal Government. The Federal Government is not a party to this Agreement and is not subject to any obligations or liabilities to the County, Contractor, or any other party pertaining to any matter resulting from the Agreement. Q. Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this Agreement. Work Order No.: Dated: WORK ORDER FORM P22-31, HS Print & Digital Advertising Services Pursuant to the signed Agreement between Larimer County and Contractor Purchase Order No.: Contractor Business Name: County Department: County Project Manager: Name: Title: Phone: Email: Mailing: Project Title/Description: Scope of Services (attach document(s) if necessary): Commencement Date: Completion Deadline: Maximum Cost to County: Contractor agrees to perform the services identified above and on any attached forms in accordance with the terms and conditions of this Work Order and the signed Agreement between Larimer County and Contractor. The attached forms are incorporated herein by this reference and Notice to Proceed is hereby given. COUNTY (signature by both required) Department signatory: Date: Contract Admin or Designee: Date: EXHIBIT B