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HomeMy WebLinkAboutRFP - 9504 RECREATION ADAPTIVE RECREATION OPPORTUNITIES (ARO) & SPORTS CLASSES - CHEERLEADING RFP 9504 Recreation ARO & Sports Classes – Cheerleading Page 1 of 19 REQUEST FOR PROPOSAL 9504 RECREATION ADAPTIVE RECREATION OPPORTUNITIES (ARO) & SPORTS CLASSES – CHEERLEADING RFP DUE: 3:00 PM MT (RMPES Clock), January 28, 2022 The City of Fort Collins is requesting proposals from qualified Contractors to provide cheerleading classes in partnership with the City's Recreation Department. Contractors will be expected to lead scheduled programs including, but not limited to, Beginner Cheerleading Classes, Adaptive Recreation Opportunities (ARO) Cheerleading Classes, and potentially other similar program(s) as mutually agreed. As part of the City’s commitment to sustainability, proposals must be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by RMEPS. All questions should be submitted, in writing via email, to Beth Diven, Buyer II at bdiven@fcgov.com, no later than 5:00 PM MT on January 18, 2022. Please format your e- mail to include: RFP 9504 Recreation Adaptive Recreation Opportunities (ARO) & Sports Classes –Cheerleading in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by BidNet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 962-08 Athletic Training Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 9504 Recreation ARO & Sports Classes – Cheerleading Page 2 of 19 engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its Contractors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party Contractors and their subcontractors/subconsultants at every tier. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Contractors may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Contractors may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Contractors hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions of any contract resulting from this request for proposal will be public information. Contractor Registration: The City requires new Contractors receiving awards from the City to submit IRS form W-9 or W-8BEN/W8-BEN-E (international firms) and requires all Contractors to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. RFP 9504 Recreation ARO & Sports Classes – Cheerleading Page 3 of 19 Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. The selected Contractor shall be required to sign the City’s Agreement prior to commencing services (see sample attached to this document). Sincerely, Gerry Paul Purchasing Director RFP 9504 Recreation ARO & Sports Classes – Cheerleading Page 4 of 19 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins is requesting proposals from qualified Contractors to provide cheerleading classes in partnership with the City's Recreation Department. Contractors will be expected to lead scheduled programs including but not limited to Cheer Central Performance, Panthers Cheer and other similar program(s) as mutually agreed. B. Background The City of Fort Collins, Recreation Programming is looking to offer cheerleading classes in partnership with one or more Contractors qualified as cheerleading coaches. Contractors will be expected to lead scheduled programs including but not limited to Cheer Central Performance, Panthers Cheer and potentially other similar/related program(s) as mutually agreed. The goal of this program is to provide affordable, safe, and quality programming to the City where participants can learn the skills and techniques of cheer. The City will provide administrative support to the selected Contractor(s). This will include but is not limited to participant rosters, invoice processing and marketing through the Recreator. The City will assist with program registration and other items agreed to by the parties. Programming will take place throughout the year but in 3 trimesters. Programs will take place from January to May, June to August, and September to December. Specific dates, times and class locations will be determined once the Contractor(s) is selected. The awarded Contractor(s) will be expected to facilitate their designated training program(s) each trimester unless programs experience low enrollment, lack of City facility availability, or other emergencies such as a global pandemic. II. SCOPE OF PROPOSAL A. Scope of Work The City Recreation department desires a variety of programming options formultiple age groups. Below are some programs that have run in previous years. The City requires beginning cheer courses to be available, with options for intermediate and advance class types building on the initial foundation. Contractors should detail their training programs that conform in spirit to the City’s historical programming while also providing information about other training programs that would be beneficial for the City to consider. • Beginning Cheerleading Overview – Designed to help you learn jumps, motions, stunts, dance through sportsmanship and teamwork. Each session cheer teams will be performing in house or at a community event. Class Times - 2 options for classes quarterly. Monday’s and Tuesday’s evenings. Each activity section meets 6 times. Class Location – Foothills Activity Center, Club Tico • Adaptive Panther Cheerleading RFP 9504 Recreation ARO & Sports Classes – Cheerleading Page 5 of 19 Overview – All abilities, ages 8+ (youth through adult participation) adaptive cheer and dance program with performance options throughout the season. Class is designed to help teach and build confidence with linking skills including, dance and rhythm in coordination with others, jumps, arm motions, stunts, and dance. Focus on team building and sportsmanship. This group also holds seasonal celebrations to build connections and support for all involved. Class Times – Tuesday evenings, 6 week sessions offered year round with just short pauses if any between sessions. Class Location –Club Tico B. Program Deliverables The goal of this collaborative program between Sports and Adaptive Recreation Opportunities (ARO) program is to provide affordable, safe, and quality programming to the community where participants can learn the skills and techniques of cheer. The selected Contractor(s) will provide quality programs with high customer satisfaction. This will be measured by feedback collected from program participants through trimester surveys conducted by the City. C. Minimum Qualifications All Contractors are must submit proof of certification in their proposal submission. Selected Contractor(s) are required to provide a minimum of $1,000,000.00 in general liability insurance. Workers' compensation and employer's liability insurance (or waiver if applicable) is also required. The City would prefer to partner with local Contractors experienced with cheerleading classes in Northern Colorado. D. Anticipated Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: January 12, 2022 • Question deadline: 5:00 PM MT on January 19, 2022 • Final Addendum Issued: January 21, 2022 • Proposal due date: 3:00 PM MT (our clock) on January 28, 2022 • Award of Contract (tentative): End of January/Beginning of February 2022 E. Interviews In addition to submitting a written proposal, the top-rated Contractors may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. Because of recent events involving COVID-19, the City may use non-traditional methods for the optional interview phase of the assessment process. The City will receive and score written proposals. However, instead of traditional in-person interviews for the optional RFP 9504 Recreation ARO & Sports Classes – Cheerleading Page 6 of 19 interview session, the City may opt to use alternate methods including, but not limited to remote interviews through a platform such as Microsoft Teams or Zoom. F. Subcontractors/Subconsultants Contractor will be responsible for identifying any subcontractors and/or subconsultants in their proposal. Please note that the City will contract solely with the awarded Contractor; therefore, subcontractors and/or subconsultants will be the responsibility of the Contractor. G. Laws and Regulations The Contractor agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances to include American Disabilities Act (ADA). H. COVID-19 Compliance The Contractor and its subcontractors/consultants shall comply with all state, county, and local laws, ordinances, and public health orders established to reduce the spread of COVID-19, as applicable. In addition, individuals should wear a mask or cloth face covering consistent with local public health recommendations and other applicable safety requirements. III. PROPOSAL SUBMITTAL Please limit the total length of your proposal to a maximum of fifteen (15) 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Authorization form). Contractors are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Contractors propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non- responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Contractors include each of the City’s questions with their response. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. B. Contractor Information 1. Describe the Contractor’s business and background 2. Number of years in the business 3. An overview of services offered and qualifications 4. Location(s) of offices or staff. C. Scope of Proposal RFP 9504 Recreation ARO & Sports Classes – Cheerleading Page 7 of 19 1. Provide details regarding what programs your organization is capable of conducting for the City. 2. For any recommended programs, please provide your recommendations for class size and number of staff members you propose to be assigned to conduct each class. 3. References. Provide references for three similar programs your organization has participated in within the last 5 years. Include the owner’s name, title of project, contact name, and email and phone number. D. Firm Capability and Assigned Personnel Provide relevant information regarding previous experience related to this or similar projects, to include the following: 1. Provide relevant information regarding previous experience related to this or similar programs. 2. Provide required certifications for each staff member that will be assigned to perform the services. 3. Provide any information that distinguishes Contractor from its competition and any additional information that might be valuable in assessing Contractor’s proposal. E. Cost and Work Hours In your response to this proposal, please provide the following: 1. What is your recommended/proposed cost for each of the classes proposed? 2. What is your recommended/proposed revenue share percentage to be paid to the City for each class? This must be equitable for both organizations and is subject to negotiation. F. Sample Agreement Included with this request for proposals is a sample Agreement that the City intends to use for obtaining the services of the Contractor. The Contractor is required to review this Agreement and indicate any objections to the terms of the contract. If revisions to the contractual terms are requested, provide suggested revisions. G. Acknowledgement The Acknowledgement form is attached as Section V. Complete the attached form indicating the Contractor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that the Contractor has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Contractors will be evaluated on the following criteria. This set of criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Contractors may be conducted. RFP 9504 Recreation ARO & Sports Classes – Cheerleading Page 8 of 19 The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements, a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds minimum requirements in that category. WEIGHTING FACTOR CATEGORY STANDARD QUESTIONS 2.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the program objectives, methodology to be used and results/outcomes required by the program? 2.0 Firm Qualifications Does the organization have the qualifications and past similar experience to meet the City’s high service goals? Has the organization successfully conducted previous programs of this type and scope? Do the persons who will be working on the project have the necessary certifications, experience and qualifications? Does the proposal present quality programs that meet the City’s goals. 3.0 Class Cost and Revenue Share Is the proposed program cost reasonable? Is the proposed revenue share with the City equitable? RFP 9504 Recreation ARO & Sports Classes – Cheerleading Page 9 of 19 V. ACKNOWLEDGEMENT Contractor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP 9504 Recreation Adaptive Recreation Opportunities (ARO) & Sports Classes – Cheerleading and sample Agreement except as otherwise noted. Additionally, Contractor hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Contractor’s knowledge and belief. b. Contractor commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Contractor further agrees that the method of award is acceptable. e. Contractor also agrees to complete the proposed Agreement with the City of Fort Collins within 10 days of notice of award. If contract is not completed and signed within 10 days, City reserves the right to cancel and award to the next highest rated firm. f. Contractor acknowledges receipt of addenda. g. Contractor acknowledges no conflict of interest. h. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under Colorado Open Records Act (CORA). Contractor hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. RFP 9504 Recreation ARO & Sports Classes – Cheerleading Page 10 of 19 VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) CITY OF FORT COLLINS INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT, dated this day of , 20 , is made and entered into by and between THE CITY OF FORT COLLINS, COLORADO, (“City”), a municipal corporation, and hereinafter referred to as CONTRACTOR. 1. SERVICES. The Contractor agrees provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of ( ) page(s) and incorporated herein by this reference. 2. AGREEMENT TERM. This Agreement shall commence the day and year set forth above and shall continue in full force and effect until , 20 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. 3. EARLY TERMINATION BY CITY. 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 Contractor. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Contractor: City: Copy to: Attn: Email Address City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 Email Address City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com In the event of any such early termination by the City, the Contractor shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Contractor’s obligations under this Agreement. Such payment shall be the Contractor's sole right and remedy for such termination. 4. COMPENSATION. In consideration of the services actually rendered by the Contractor under this Agreement, the City agrees to pay the Contractor the sum of Dollars per class/session/hour/participant ($ per class/session/hour/participant). The Contractor shall maintain, and make available to the City upon request, a log of all hours worked under this Agreement. RFP 9504 Recreation ARO & Sports Classes – Cheerleading Page 11 of 19 The Contractor must provide an invoice for services rendered to receive payment for services. Invoices should be emailed monthly to invoices@fcgov.com, with a copy to Project Manager, , at . Neither the Contractor nor its officers, employees, or agents shall be entitled to compensation for overtime, nor will the City be responsible for withholding any portion of the Contractor’s compensation for taxes, FICA, Workman’s Compensation insurance, unemployment compensation insurance or any other benefits. The Contractor shall not assign any benefit or responsibility nor delegate any duty arising under this Agreement without the prior written consent of the City. The City pays invoices on Net 30 terms. 5. APPROPRIATION. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 6. INDEPENDENT CONTRACTOR. The parties agree that the services rendered by the Contractor, its officers, employees and agents under this Agreement are those of an independent contractor and not an employee of the City. Accordingly, neither the Contractor nor anyone on its behalf is authorized in any manner whatsoever to bind or otherwise represent themselves as an agent of the City. The Personnel Policies and Procedures of the City do not apply to the Contractor, and the Contractor, its officers, employees and agents receive no rights or benefits by reason of this Agreement. The Contractor shall direct and control the details of the performance of the services provided by the Contractor within the general requirements established by the City. As an independent contractor, the Contractor is not entitled to unemployment insurance benefits or workers’ compensation benefits and is obligated to pay federal and state income and other applicable tax on any monies paid to the Contractor. Contractor is solely responsible for providing workers’ compensation benefits for the Contractor’s employees as may be required by law. 7. PROHIBITION AGAINST UNLAWFUL DISCRIMINATION. The City, 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, affirmatively ensures that for all contracts entered into with the City, disadvantaged business enterprises are afforded a full and fair opportunity to bid on the contract and are not to be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. RFP 9504 Recreation ARO & Sports Classes – Cheerleading Page 12 of 19 The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. 8. GOVERNMENTAL IMMUNITY ACT. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 9. PROHIBITION AGAINST EMPLOYING WORKERS WITHOUT AUTHORIZATION. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: a. As of the date of this Agreement: 1) Contractor does not knowingly employ or contract with a worker without authorization who will perform work under this Agreement; and 2) Contractor 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. Contractor shall not knowingly employ or contract with a worker without authorization to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with a worker without authorization to perform work under this Agreement. c. Contractor 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 Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with a worker without authorization, Contractor shall: 1) Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with a worker without authorization; 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 a worker without authorization; except that Contractor 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 a worker without authorization. RFP 9504 Recreation ARO & Sports Classes – Cheerleading Page 13 of 19 e. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Contractor 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, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. 10. COLORADO OPEN RECORDS ACT. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 11. REPRESENTATIONS. Contractor represents that it has the skill and training necessary to perform the services and Contractor will not receive any training from the City. 12. SERVICES NOT EXCLUSIVE. The Contractor operates its own business and may engage in any outside contracting/employment other than that provided for by this Agreement without prior approval by the City. 13. RELEASE AND INDEMNIFICATION. In consideration of the foregoing exchange of promises and in further consideration of the compensation to be paid to the Contractor under this Agreement, the Contractor, its officers, employees and agents hereby release the City, its employees, agents and assigns from any and all present and future liability, claims, causes of action, losses, costs or expenses of any kind whatsoever stemming from or in any way relating to the Contractor’s performance under this Agreement. The Contractor, its officers, employees and agents further specifically agree to hold the City harmless and indemnify the City against any claims, demands, liabilities or causes of action whatsoever brought by or on behalf of any third party for damages, losses, costs, expenses or injuries sustained by any such third party arising from or in any way relating to the negligent acts or omissions of the Contractor, its officers, employees or agents in the performance of its obligations under this Agreement. Without limiting any of the Contractor's obligations hereunder, the Contractor shall provide and maintain insurance coverage with the limits specified within Exhibit C, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Contractor before commencing services hereunder, shall deliver to the City, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. The Contractor is required to submit proof of insurance coverage upon request by the City. The City will not be responsible for providing any insurance and the Contractor will not receive the protections of governmental immunity. 14. DEFAULT PERIOD. Each and every term and condition of this Agreement shall be deemed to be a material element hereof and, in the event of default by either party, the non-defaulting party shall be entitled to all rights and remedies at law and in equity, including, but limited to, the award of reasonable attorney’s fees and costs incurred because of the default. RFP 9504 Recreation ARO & Sports Classes – Cheerleading Page 14 of 19 15. BINDING EFFECT/NO ASSIGNMENT/NO THIRD PARTY BENEFICIARY. This Agreement shall be binding upon the City and the Contractor, their legal representatives, successors and, assigns, if any, and shall not be assigned by either party without the written consent of the other party. This Agreement is made for the sole and exclusive benefit of the City and the Contractor and is not made for the benefit of any third party. 16. PROFESSIONALISM. The Contractor must manage and conduct all activities and services hereunder in a fair, nondiscriminatory, professional, and competent manner, consistent with the requirements of the Americans with Disabilities Act, and the Colorado and Fort Collins human rights laws, and otherwise in compliance with all applicable laws and to the reasonable satisfaction of the City. 17. GOVERNING LAW AND ENTIRE AGREEMENT. This Agreement shall be governed by the laws of the State of Colorado, and the parties agree that venue for any action hereunder shall be in Larimer County, Colorado. This writing constitutes the entire agreement between the parties. 18. CONTACT INFORMATION. Contractor agrees that its name and phone number may be published or released to participants for use in relationship to the program/project described herein. 19. LEGAL COMPETENCE. The Contractor warrants that he/she is legally competent to execute this Agreement. If Contractor is a corporation or other entity, the person signing on behalf of the Contractor affirmatively states that he or she has authority to act on behalf of the Contractor and to bind the Contractor to this contract. 20. BACKGROUND CHECK. The Contractor and the City acknowledge and agree that certain services provided by Contractor constitute acting in a position of trust which entail direct contact with youth and other members of the general public. Accordingly, Contractor represents that it has voluntarily submitted to background screening, completed by the City’s designated screening vendor at the City’s expense, prior to commencing services under this Agreement. 21. PERSONNEL. Contractor shall control the conduct and demeanor of its agents and employees. If the City so requests, Contractor agrees to supply and require its employees to wear or carry badges or other suitable means of identification, the form of which shall be subject to prior and continuing approval of the City. The Contractor agrees to provide to the City at all times a current list of employees, volunteers, and other representatives or agents of Contractor that will be working on behalf of Contractor in providing services to the City under this Agreement. The Contractor and the City acknowledge and agree that certain services provided by Contractor may require that employees, volunteers, and other representatives or agents of Contractor act in positions of trust which entail direct contact with youth and other members of the general public. Accordingly, Contractor agrees that all employees, volunteers, and other representatives or agents of the Contractor in positions of trust shall be background screened, at Contractor’s expense. In the event that a background check, or any other information available to the Contractor or the City, raises questions about the trustworthiness, fitness for provision of services under this Agreement, competence or suitability of any individual for a position of trust of any kind, RFP 9504 Recreation ARO & Sports Classes – Cheerleading Page 15 of 19 including handling of funds, City equipment or property, or working with youths or other members of the general public, such individual shall not be employed or allowed to volunteer in connection with the services or activities required or permitted under this Agreement, or in a manner that would permit contact by that person with the funds, equipment, property associated with the provision of services hereunder, or persons participating in programs or services provided under this Agreement. Upon receipt of written notice from the City of any reasonable objection from the City concerning trustworthiness, fitness for provision of services under this Agreement, competence or suitability of any individual for a position of trust of any kind, or concerning conduct, demeanor or competence of any employee or volunteer of Contractor , the Contractor shall immediately take all lawful steps to remove or otherwise address to the City's reasonable satisfaction the cause of the objection or to remove such individual from the performance of any services provided hereunder. The following constitute unacceptable personal conduct that the parties acknowledge and agree shall be subject to reasonable objection by the City. The parties acknowledge that other conduct not listed in this Section may be determined by the City to be reasonably expected to impair Contractor’s ability to provide satisfactory services under this Agreement, and may also give rise to a reasonable objection by the City to which Contractor shall be expected to respond as set forth herein. In the event that Contractor, or the individual site manager, if different from Contractor, commits any of the following examples of unacceptable conduct, or fails or refuses to take reasonable action to correct such conduct by any person providing services for or on behalf of Contractor hereunder, the City may give Contractor notice of violation and terminate the agreement as set forth in article 3. a) Theft or misuse of money or property; b) Commission or conviction of a felony or of any crime involving moral turpitude; c) Harassment of, or discrimination against, any individual based on race, religion, national origin, age, sex, sexual orientation or disability; d) Falsification, unauthorized use or destruction of City property; e) Abusive or threatening treatment of any person, including, but not limited to physical or verbal confrontation; f) Insubordination or refusal to comply with directives or assignments; g) Using, consuming, possessing, having in the body, or distributing alcohol or controlled substances during working time; h) Incompetence, inattention to duties or wastefulness while on the job; i) Failure to meet performance expectations of job or not performing duties or functions assigned; j) Engaging in personal business while on the job or engaging in outside employment which interferes with job performance; k) Repeated tardiness, absenteeism; and l) Job Abandonment (unreported absences of three days or more) RFP 9504 Recreation ARO & Sports Classes – Cheerleading Page 16 of 19 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: CONTRACTOR By: Printed: Title: Date: RFP 9504 Recreation ARO & Sports Classes – Cheerleading Page 17 of 19 EXHIBIT A SCOPE OF SERVICES RFP 9504 Recreation ARO & Sports Classes – Cheerleading Page 18 of 19 EXHIBIT B COMPENSATION RFP 9504 Recreation ARO & Sports Classes – Cheerleading Page 19 of 19 EXHIBIT C INSURANCE REQUIREMENTS The Contractor will provide the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Contractor shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. 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 Contractor, 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 Contractor under this Agreement. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 The City, its officers, agents and employees shall be named as additional insureds on the Contractor 's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the life of this Agreement for all of the Contractor's employees engaged in work performed under this agreement. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The Contractor shall maintain during the life of this Agreement such General Liability 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 General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Contractor 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.