HomeMy WebLinkAboutRFP - P1081 TEMPORARY PERSONNEL SERVICES (4)REQUEST FOR PROPOSALS
CITY OF FORT COLLINS
TEMPORARY PERSONNEL SERVICES
PROPOSAL NO. P-1081
PROPOSAL DATE: 3:00 p.m. (our clock) August 31, 2007
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REQUEST FOR PROPOSAL
P1081 Temporary Personnel Services
The City of Fort Collins is requesting copies of proposals for Temporary Personnel Services for the
City’s Human Resources department. This is a one year agreement with the option to renew up to
four more years.
Written proposals, four (4) will be received at the City of Fort Collins' Purchasing Division, 215
North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before
3:00 p.m. (our clock), August 31, 2007. Proposal No. P1081. If delivered, they are to be sent to
215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O.
Box 580, Fort Collins, 80522-0580.
Questions concerning the scope of the project should be directed to Project Manager Joan Busch
(970) 221-6829.
Questions regarding the proposals submittal or process should be directed to Ed Bonnette, C.P.M.,
CPPB, Buyer (970) 416-2247.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
https://secure2.fcgov.com/bso/login.jsp
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of
the Bid.
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.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
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REQUEST FOR PROPOSAL
P1081 Temporary Personnel Services
Section 1: Proposal Requirements
1.1 General Description:
The City of Fort Collins is soliciting proposals for contractor(s) to provide temporary employees in a
variety of classifications and categories, as may be required by various City departments and
agencies on an as-needed basis. The City anticipates selecting one company as General Service
provider, and one company as Technical Service provider.
1.2 Proposal Submittal:
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
Firms submitting proposals shall submit four (4) copies of the proposal with the following
information:
a. Company history and experience in providing temporary personnel, as described in Section 2
below, Background Information & Scope of Work.
b. Responses to the additional items and issues identified under Section 2 below, Background
Information & Scope of Work.
c. The name and résumé of the company’s representative(s) — both primary and backup — who
would be responsible for coordinating with the City Human Resources Department on all
aspects of the requested services.
d. Cost, as requested in Section 3 below, Pricing Options.
e. References from five or more organizations which have used your company for similar services
within the last two years; see Section 4 below, Evaluation.
The proposal must be signed by a duly-authorized representative of the firm submitting the
proposal, including the title of the individual signing.
1.3 Proposal Acceptance:
All proposals shall remain subject to initial acceptance 90 days after the day of submittal. Award
may be made on the basis of written proposals, or up to three firms in each category may be
selected for further interviews. Evaluation criteria for any interviews will be the same as that for
written proposals.
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Section 2: Background Information & Scope of Work
The City occasionally needs experienced personnel to provide support for various departments
whenever the support workload exceeds the time available to City staff.
Pursuant to this Request for Proposals, the City intends to enter into contracts with one contractor
in each category regularly established in the business of providing temporary personnel services.
As a standard practice, it is the intent of the City that a City department that determines that it
needs temporary personnel services, beyond the department’s and the City’s internal resources,
would contact the General Services or Technical Services contractor regarding the specifics of the
need.
2.1. Proposal Discussion Information
Your proposal should detail these items, in a proposal and presentation format that you select:
Include the time your company has been in the temporary-personnel services business, and
your company ownership structure (public, private, franchise, partnership, etc.).
Describe your company’s methods for recruiting, selecting, and screening employees for
assignment to your customers. Describe in detail how your company matches the employee’s
knowledge, skills, and abilities to those required for each specific assignment. Please describe
in detail any specific steps your company takes to recruit, select, and screen employees
for Technical Service assignments (with concentration upon Information Technology,
Professional, and other degree-bearing disciplines). Describe in detail how your
company matches the employee’s knowledge, skills, and abilities to those required for
each specific assignment. Describe how you ensure that you are attracting qualified
temporary employees. Describe your program for drug testing and background investigations
on the temporary employees you provide.
Describe how you ensure Equal Employment Opportunity and prevent discrimination in
employment and in the referral of employees to your customers. Describe how you ensure
compliance with the Immigration Reform and Control Act of 1996. Describe any programs you
have in place locally and nationally for partnering with minority vendors.
What is your average placement turn-around time after receiving an order? Explain your
service and performance guarantees.
Explain the extent of training you offer for both your full-time staff and for temporary employees.
Describe any testing you perform on temporary-employee applicants.
Describe how you can help to assess the City’s needs in terms of both the numbers of
temporaries and the requisite skill levels for a specific situation. Explain how you flex your
permanent staff’s time to meet customer needs, including volume increase or decrease.
Describe any arrangements for subcontracting with other contractors if additional resources
were required to meet the City’s needs. Explain how you handle emergency recruiting efforts.
List benefits available to your temporary workers. Describe any on-the-job support that you
provide to them. Explain how you evaluate your employee job satisfaction, and the satisfaction
level of your customers.
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Describe in detail how you follow up to assess and evaluate your temporary employee’s
performance while on assignment. Describe the systems you have in place to deal with
performance problems or misconduct of temporary employees.
Describe the information tracking you provide, and provide examples of reports you have
provided to your customers.
Describe the current extent of operations automation, and additional automation currently
planned or in development, including the time frames to which you can commit. Describe your
electronic data interchange (EDI) and/or electronic funds transfer (EFT) capabilities. In
particular, we are interested in knowing if you have the ability to receive payment by credit card
(i.e., the City of Fort Collins Procurement Card, which is a Master Card).
As part of (or in addition to) your proposal discussion for the items described above, please review
the items below and incorporate any additional discussion appropriate to presenting a complete
proposal.
2.2. Service Agreement Required:
A sample Service Agreement is attached; awarded Service Provider(s) will be required to execute
this agreement with the City. Please review it carefully prior to submitting your proposal.
2.3. Purchase Order for Each Project
Each separate assignment requiring temporary employee(s) for a department will be authorized
through the issuance of a Purchase Order based on the Service Agreement.
To provide the back-up information needed for each specific Purchase Order, the contractor will
work with the department involved to provide a quotation for each temporary-employee assignment
that includes:
a description of the work to be performed;
the number and categories of employees required;
the location and time for initiation and performance of the work;
the payment procedures and amounts;
a description of the labor, materials, and support to be supplied by the City;
identification of the supervisor / project manager for the department; and
any other special circumstances relating to the performance of the work assignment.
2.4. Contract Term, Renewal, & Pricing
The initial term of any agreement will be for one year. At the City’s option, any such contract may
be renewed for an additional one-year term, not to exceed a total of four (4) additional one-year
terms.
Pricing changes for terms subsequent to the first year shall be negotiated by and agreed to by both
parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State
Planning and Budget Office.
2.5. Ability to Provide Personnel As Required
The contractor(s) selected pursuant to this RFP is expected to have available and/or be able to
provide an adequate number of qualified, dependable personnel in each category for temporary
employment by the City on request. As noted above, the exact requirements in a given situation,
such as the number of temporary employees, the categories required, days, dates, hours, and so
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on, will be determined by the various departments and agencies as needs may arise, and will be
specified by Purchase Order.
2.6. Prior Expenditure — No Guarantee of Utilization
From January 1, 2003 through July 31, 2007 the City has spent approximately $424,000 on General
Services Temporary Personnel Services; and approximately $383,000 on Technical Services
Temporary Personnel Services with the awarded vendors, in a variety of categories.
However, it is important to note that the City makes no guarantee of any specific amount or general
level of expenditure under any contract(s) that may result from this RFP; similarly, the City cannot
predict or guarantee the frequency of use of any specific job classification.
2.7. Permanent Employment, Completion of Employment & Liability
Please state what your policy is in the event that the City should elect to hire a Temporary
Associate provided by the Service Provider as an employee of the City of Fort Collins for the
position the Service Provider has assigned them to; or for any other available City position. If
there is a minimum amount of hours the employee must work through your agency before they
can be hired directly by the City, please state that clearly in your proposal.
Otherwise, upon completion of any given temporary-employee assignment and proper payment to
the contractor for the hours of service provided, the City will have no further obligation,
responsibility, or liability with respect to the temporary personnel. Temporary employment will in no
way confer any of the rights of permanent employment with the City.
The City shall have no liability whatsoever for any claims or disputes between the temporary
employee and the contractor, and the contractor shall fully indemnify the City against any such
potential for or claims of liability. In addition, the contractor shall provide all insurance necessary to
protect the City; see Section 2.14 below.
2.8. Employee Listings & Reporting
The contractor will maintain a listing of all temporary employees who have worked on assignments
with the City. This list should include, at a minimum, the following information:
the employee's name
the employee's position classification, and training or skill level(s), as appropriate;
the agency / department assignment;
the employee's total hours worked, salary per hour and cost per hour, and total cost;
the supervisor’s performance rating of the employee;
the total hours assigned per classification; and
the total cost to the City for all employees provided.
Utilizing this listing, the contractor will report all activity with the City to the Human Resources
Department and the Purchasing Division on a quarterly basis, within two weeks after the end of the
quarter.
2.9. Employee Résumés, Testing & Personnel Information
As requested by the City department prior to the assignment or acceptance of any temporary
employee, the contractor shall provide copies of résumés, employment applications, test results,
and other relevant information to the department. As necessary, the contractor will test all potential
temporary employees to be sent to the City, so that the City may determine if they meet the
requirements of the job assignment.
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To the extent permissible by law, the contractor will also maintain application forms, résumés,
references, and other information provided to the contractor by temporary employees in the
contractor’s hiring process; similarly, the contractor will maintain evaluation forms and other
information received from City departments and agencies regarding each employee. The contractor
will maintain this information on all temporary employees assigned to the City for a period of one
year after the completion of the employee’s work assignment and one year after the completion or
termination of the contractor’s contract with the City (whichever is later). To the extent permissible
by law, all or any part of this information will be provided to the Human Resources Department upon
request at any time (before, during, or after the work assignment).
2.10. Employee Background Checking
To the extent permissible by law, the contractor will perform appropriate background checks on the
contractor’s employees, and will accept full responsibility for the accuracy and completeness of
such background checks. The contractor will not assign to the City any person for whom the
contractor has any background or other information which, in the contractor’s opinion, would lead a
reasonable person to question the suitability of that person for any specific City assignment or
project.
To the extent permissible by law, the City reserves the right to conduct appropriate background
checks of contractor’s employees who are to be or have been assigned to service with the City, and
to provide the results of such background checks to the contractor if appropriate.
2.11. Partial Performance & Unsatisfactory Employees
If any person provided by the contractor fails to work for at least the first four hours of the
assignment, the contractor will not charge the City for any hours. Should the City feel that the
temporary employee is not suitable for the assignment, the City will notify the contractor, who will in
turn be responsible for removing the employee from the City assignment.
If, in the opinion of the City in any specific situation, the contractor is unable to meet the time frame
required for the delivery of sufficient qualified personnel, or fails to provide sufficient qualified
personnel, or proposes personnel that the City does not find to possess sufficient or applicable
skills and experience, or if for any reason the City is not satisfied with the performance of the
contractor, the City reserves the right to utilize other temporary-personnel service contractors and
employment agencies.
2.12. Employee & Contractor Evaluation
The contractor will provide an employee evaluation form to the City department project manager for
each assignment. Completed evaluation forms shall be maintained by the contractor as provided
above in Section 2.9, and copies shall be provided to the Human Resources Department on
request.
In addition, the contractor will also provide a company evaluation form (for evaluation of the
contractor’s performance) to the City department project manager for each assignment. Completed
evaluation forms shall also be maintained by the contractor, and copies shall be provided to the
Human Resources Department on request. The contractor must maintain an overall satisfactory
rating for the duration of the contract term.
Please include your standard employee and company evaluation forms with your proposal.
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2.13 Employee and Client Department Orientation
The contractor will provide a “City of Fort Collins Employee Orientation Guide” to all temporary
employees, upon their assignment to the City of Fort Collins. The Guide will outline the policies and
procedures the employee should be aware of prior to beginning an assignment with the City.
The contractor will also provide client Departments within the City with a “City of Fort Collins
Department Guide to Using Temporary Help”. The Guide will instruct department clients as to basic
procedures to follow when requesting and using the contractor’s temporary employee services.
2.14. Insurance & Bonding
All contractors who provide services under a contract issued pursuant to this RFP must present
proof of insurance prior to the award of such a contract, and, at the City’s request, must be
prepared to bond temporary employees they provide to the City.
Please see the attached sample Service Agreement for information regarding general insurance
requirements. In addition, the contractor will be expected to provide any specific insurance
necessary to provide for the indemnification and protections outlined in Section 2.7 above.
2.15. Employee Request Procedures
Requests for temporary employees may come from a wide range of City agencies and departments,
covering temporary personnel categories representing a diversity of skills and duties.
Requests for temporary personnel support will go directly to the contractor from each individual
department or agency. The contractor will then work directly with the department to meet the need.
The contractor’s project manager will need good communication skills and a focus on customer
service.
As noted above in the introduction to Section 2, if the awarded contractor is unable to meet the
department’s specific need in the time-frame required, the City reserves the right to utilize other
contractors.
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Section 3: Pricing Options
In your proposal, please provide detailed information regarding the following three possible pricing
options. The purpose of these options is to provide you with the best opportunity to present the
capabilities and costs of your firm, while giving the City a variety of potential mechanisms for
optimum cost-effectiveness. For each option, please incorporate any other relevant information or
suggestions for alternatives.
Temporary-employee pay rates should be appropriate to enable the contractor to attract qualified,
capable, and reliable employees for the classification and type of need to be filled.
The City reserves the right to request quotations for whichever option(s) appear to best meet the
City’s need in any specific situation. As described above, temporary-personnel services will be
requested only through a Purchase Order; each Purchase Order will specify the pricing option,
specific scope of services, and fixed or estimated total price.
3.1. Fixed Hourly Rates by Category
This option provides generally for traditional temporary employees at a fixed cost per hour, for
whatever period of time the employee is required.
At a minimum, please provide the following:
Personnel categories you can supply
Skill levels, qualifications, and typical job duties for each category
Employee pay rate for each category
Contractor billing rate for each category
3.2. Fixed Mark-Up Percentage
This option is generally an alternative to the first option, fixed hourly rates by category, and can
either substitute for or supplement the first option. It provides generally for a fixed percentage of
mark-up on the employee pay rate (or a set of percentages, varying with the level of the employee
pay rate or the duration of the utilization).
This option is sometimes used for personnel categories that are used less frequently or are more
difficult to fill with qualified employees (therefore making fixed hourly rates by category more difficult
to guarantee).
At a minimum, please provide the following:
Personnel categories for which this option may be appropriate
Skill levels, qualifications, and typical job duties for each such category
Estimated employee pay rate for each such category
Contractor mark-up percentage for each such category
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3.3. Fixed Fee Per Project
This option provides generally for project-based or longer-term temporary employees, at a fixed
fee per project.
Typically, this would be based on a mutually-agreed-upon scope of employment services and
number of hours required, with the City providing project specifications, documentation, and City-
staff availability to ensure that the contractor thoroughly understands the project before providing a
quotation for a Purchase Order. This option would typically be appropriate for higher-level technical
or professional temporary-employee requirements.
At a minimum, please provide the following:
Additional personnel categories you can supply
Skill levels, qualifications, and typical job duties for each category
Methodology you would use to calculate the employee pay rate
Methodology you would use to calculate your total fixed fee
3.4. Other Pricing Options
Please discuss or recommend other pricing options, if appropriate.
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Section 4: Evaluation
4.1 Evaluation and Assessment of Proposals
Temporary Services firms will be evaluated on the following criteria. These criteria will be the basis
for review of the written proposals, as well as oral interviews. The rating scale will be from 1 to 5,
with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating.
Weighting
Factor
Qualification
Standard
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Scope of Proposal
Does the proposal show an understanding of the City’s
requirements, the methodology to be used, and the results
desired?
2 .5
Assigned Personnel
Do the persons who will manage the contract and those
who will work through the contract have the necessary
skills? Are sufficient people of the requisite skills available
for assignment to the City?
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Availability
Can the services be provided in the necessary time
frame? Can target start dates be met? Are other qualified
personnel available if required?
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Motivation
Is the firm interested? Does the firm demonstrate a desire
to provide the City with top-quality service?
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Cost
Do the proposed costs compare favorably to the City’s
estimates and in comparison to other respondents and
industry rates?
2.5
Firm Capability
Does the firm have the support capabilities the assigned
personnel require? Has the firm previously provided
services of this type and scope? actively recruit to
maintain a pool of qualified temporary employees?
4.2 Reference Evaluation (Top-ranked Firms)
The Project Managers will check references using the following criteria. The evaluation rankings
will be labeled Satisfactory / Unsatisfactory.
Qualifications and Standards
a. Overall Performance - Would you hire this company again?
b. Temporary-Employee Performance – Did the employee’s knowledge, skills, and abilities
match those required for successful completion of the assignment?
c. Completeness - Was the company responsive to client needs? Did the company anticipate
problems? Did the company follow up to assure client satisfaction? Were problems solved
quickly and effectively?
d. Costs - Were rates competitive and were charges billed accurately?
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SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of pages and
incorporated herein by this reference.
2. Contract Period. This Agreement shall commence , and shall continue in full
force and effect until , unless sooner terminated as herein provided.
3. Delay. If either party is prevented in whole or in part from performing its obligations
by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the
party so prevented shall be excused from whatever performance is prevented by such cause. To
the extent that the performance is actually prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition.
4. Early Termination by City/Notice. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to
the termination date contained in said notice unless otherwise agreed in writing by the parties. All
notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to
the following addresses:
City: Service Provider:
City of Fort Collins
Attn: Purchasing
PO Box 580
Fort Collins, CO 80522
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In the event of early termination by the City, the Service Provider shall be paid for services rendered
to the date of termination, subject only to the satisfactory performance of the Service Provider's
obligations under this Agreement. Such payment shall be the Service Provider's sole right and
remedy for such termination.
5. Contract Sum. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, per the attached Exhibit "A", consisting
of pages, and incorporated herein by this reference.
6. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the services provided under this agreement. All requests concerning
this agreement shall be directed to the City Representative.
7. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort Collins. The
City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any
other purpose.
8. Personal Services. It is understood that the City enters into the Agreement based on
the special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any
of the services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement or cause of action arising out of performance of this Agreement.
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10. Warranty.
(a) Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance
with accepted standards for work of a similar nature.
(b) Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the
most suitable grade of their respective kinds for their intended use, and all
workmanship shall be acceptable to City.
(c) Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City-furnished materials, equipment
and labor, against defects and nonconformances in design, materials and
workmanship/workwomanship for a period beginning with the start of the
work and ending twelve (12) months from and after final acceptance under
the Agreement, regardless whether the same were furnished or performed
by Service Provider or by any of its subcontractors of any tier. Upon receipt
of written notice from City of any such defect or nonconformances, the
affected item or part thereof shall be redesigned, repaired or replaced by
Service Provider in a manner and at a time acceptable to City.
11. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to
the terms of this agreement, such party may be declared in default thereof.
12. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non-defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the non-
defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because
of the default.
13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
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14. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any
person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an additional
insured under this Agreement of the type and with the limits specified within Exhibit B,
consisting of one (1) page, attached hereto and incorporated herein by this reference. The
Service Provider before commencing services hereunder, shall deliver to the City's Director
of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy
of a certificate evidencing the insurance coverage required from an insurance company
acceptable to the City.
15. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
16. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all
Contractors whose performance of work under this Agreement does not involve the delivery of a
specific end product other than reports that are merely incidental to the performance of said
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work. 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 an illegal alien;
and
2. Contractor has participated or attempted to participate in the basic pilot
employment verification 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 “Basic
Pilot Program”) in order to confirm the employment eligibility of all newly hired
employees.
b. Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. Contractor shall continue to apply to participate in the Basic Pilot Program and
shall in writing verify same every three (3) calendar months thereafter, until Contractor is
accepted or the public contract for services has been completed, whichever is earlier.
The requirements of this section shall not be required or effective if the Basic Pilot
Program is discontinued.
d. Contractor is prohibited from using Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while this Agreement is being performed.
e. If Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, 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 an
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illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that 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 an illegal alien.
f. 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.
g. 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.
h. 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.
18. Special Provisions. [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of
( ) pages, attached hereto and incorporated herein by this reference.
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CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:_______________________________
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:_____________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
By:_______________________________
__________________________________
PRINT NAME
__________________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:_____________________________
ATTEST: (Corporate Seal)
_____________________________
CORPORATE SECRETARY
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EXHIBIT B
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the Service Provider shall furnish the City with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option,
may take out and maintain, at the expense of the Service Provider, such insurance as the City
may deem proper and may deduct the cost of such insurance from any monies which may be
due or become due the Service Provider under this Agreement. The City, its officers, agents
and employees shall be named as additional insureds on the Service Provider's general liability
and automobile liability insurance policies for any claims arising out of work performed under
this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's employees
engaged in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Agreement. Coverage for property
damage shall be on a "broad form" basis. The amount of insurance for each coverage,
Commercial General and Vehicle, shall not be less than $500,000 combined single limits
for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed under
this Agreement by a subcontractor, which liability is not covered by the subcontractor's
insurance.
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REQUEST FOR PROPOSALS
CITY OF FORT COLLINS
TEMPORARY PERSONNEL SERVICES
PROPOSAL NO. P-1081
PROPOSAL DATE: 3:00 p.m. (our clock) August 31, 2007
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REQUEST FOR PROPOSAL
P1081 Temporary Personnel Services
The City of Fort Collins is requesting copies of proposals for Temporary Personnel Services for the
City’s Human Resources department. This is a one year agreement with the option to renew up to
four more years.
Written proposals, four (4) will be received at the City of Fort Collins' Purchasing Division, 215
North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before
3:00 p.m. (our clock), August 31, 2007. Proposal No. P1081. If delivered, they are to be sent to
215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O.
Box 580, Fort Collins, 80522-0580.
Questions concerning the scope of the project should be directed to Project Manager Joan Busch
(970) 221-6829.
Questions regarding the proposals submittal or process should be directed to Ed Bonnette, C.P.M.,
CPPB, Buyer (970) 416-2247.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
https://secure2.fcgov.com/bso/login.jsp
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of
the Bid.
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.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
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REQUEST FOR PROPOSAL
P1081 Temporary Personnel Services
Section 1: Proposal Requirements
1.1 General Description:
The City of Fort Collins is soliciting proposals for contractor(s) to provide temporary employees in a
variety of classifications and categories, as may be required by various City departments and
agencies on an as-needed basis. The City anticipates selecting one company as General Service
provider, and one company as Technical Service provider.
1.2 Proposal Submittal:
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
Firms submitting proposals shall submit four (4) copies of the proposal with the following
information:
a. Company history and experience in providing temporary personnel, as described in Section 2
below, Background Information & Scope of Work.
b. Responses to the additional items and issues identified under Section 2 below, Background
Information & Scope of Work.
c. The name and résumé of the company’s representative(s) — both primary and backup — who
would be responsible for coordinating with the City Human Resources Department on all
aspects of the requested services.
d. Cost, as requested in Section 3 below, Pricing Options.
e. References from five or more organizations which have used your company for similar services
within the last two years; see Section 4 below, Evaluation.
The proposal must be signed by a duly-authorized representative of the firm submitting the
proposal, including the title of the individual signing.
1.3 Proposal Acceptance:
All proposals shall remain subject to initial acceptance 90 days after the day of submittal. Award
may be made on the basis of written proposals, or up to three firms in each category may be
selected for further interviews. Evaluation criteria for any interviews will be the same as that for
written proposals.
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Section 2: Background Information & Scope of Work
The City occasionally needs experienced personnel to provide support for various departments
whenever the support workload exceeds the time available to City staff.
Pursuant to this Request for Proposals, the City intends to enter into contracts with one contractor
in each category regularly established in the business of providing temporary personnel services.
As a standard practice, it is the intent of the City that a City department that determines that it
needs temporary personnel services, beyond the department’s and the City’s internal resources,
would contact the General Services or Technical Services contractor regarding the specifics of the
need.
2.1. Proposal Discussion Information
Your proposal should detail these items, in a proposal and presentation format that you select:
Include the time your company has been in the temporary-personnel services business, and
your company ownership structure (public, private, franchise, partnership, etc.).
Describe your company’s methods for recruiting, selecting, and screening employees for
assignment to your customers. Describe in detail how your company matches the employee’s
knowledge, skills, and abilities to those required for each specific assignment. Please describe
in detail any specific steps your company takes to recruit, select, and screen employees
for Technical Service assignments (with concentration upon Information Technology,
Professional, and other degree-bearing disciplines). Describe in detail how your
company matches the employee’s knowledge, skills, and abilities to those required for
each specific assignment. Describe how you ensure that you are attracting qualified
temporary employees. Describe your program for drug testing and background investigations
on the temporary employees you provide.
Describe how you ensure Equal Employment Opportunity and prevent discrimination in
employment and in the referral of employees to your customers. Describe how you ensure
compliance with the Immigration Reform and Control Act of 1996. Describe any programs you
have in place locally and nationally for partnering with minority vendors.
What is your average placement turn-around time after receiving an order? Explain your
service and performance guarantees.
Explain the extent of training you offer for both your full-time staff and for temporary employees.
Describe any testing you perform on temporary-employee applicants.
Describe how you can help to assess the City’s needs in terms of both the numbers of
temporaries and the requisite skill levels for a specific situation. Explain how you flex your
permanent staff’s time to meet customer needs, including volume increase or decrease.
Describe any arrangements for subcontracting with other contractors if additional resources
were required to meet the City’s needs. Explain how you handle emergency recruiting efforts.
List benefits available to your temporary workers. Describe any on-the-job support that you
provide to them. Explain how you evaluate your employee job satisfaction, and the satisfaction
level of your customers.
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Describe in detail how you follow up to assess and evaluate your temporary employee’s
performance while on assignment. Describe the systems you have in place to deal with
performance problems or misconduct of temporary employees.
Describe the information tracking you provide, and provide examples of reports you have
provided to your customers.
Describe the current extent of operations automation, and additional automation currently
planned or in development, including the time frames to which you can commit. Describe your
electronic data interchange (EDI) and/or electronic funds transfer (EFT) capabilities. In
particular, we are interested in knowing if you have the ability to receive payment by credit card
(i.e., the City of Fort Collins Procurement Card, which is a Master Card).
As part of (or in addition to) your proposal discussion for the items described above, please review
the items below and incorporate any additional discussion appropriate to presenting a complete
proposal.
2.2. Service Agreement Required:
A sample Service Agreement is attached; awarded Service Provider(s) will be required to execute
this agreement with the City. Please review it carefully prior to submitting your proposal.
2.3. Purchase Order for Each Project
Each separate assignment requiring temporary employee(s) for a department will be authorized
through the issuance of a Purchase Order based on the Service Agreement.
To provide the back-up information needed for each specific Purchase Order, the contractor will
work with the department involved to provide a quotation for each temporary-employee assignment
that includes:
a description of the work to be performed;
the number and categories of employees required;
the location and time for initiation and performance of the work;
the payment procedures and amounts;
a description of the labor, materials, and support to be supplied by the City;
identification of the supervisor / project manager for the department; and
any other special circumstances relating to the performance of the work assignment.
2.4. Contract Term, Renewal, & Pricing
The initial term of any agreement will be for one year. At the City’s option, any such contract may
be renewed for an additional one-year term, not to exceed a total of four (4) additional one-year
terms.
Pricing changes for terms subsequent to the first year shall be negotiated by and agreed to by both
parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State
Planning and Budget Office.
2.5. Ability to Provide Personnel As Required
The contractor(s) selected pursuant to this RFP is expected to have available and/or be able to
provide an adequate number of qualified, dependable personnel in each category for temporary
employment by the City on request. As noted above, the exact requirements in a given situation,
such as the number of temporary employees, the categories required, days, dates, hours, and so
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on, will be determined by the various departments and agencies as needs may arise, and will be
specified by Purchase Order.
2.6. Prior Expenditure — No Guarantee of Utilization
From January 1, 2003 through July 31, 2007 the City has spent approximately $424,000 on General
Services Temporary Personnel Services; and approximately $383,000 on Technical Services
Temporary Personnel Services with the awarded vendors, in a variety of categories.
However, it is important to note that the City makes no guarantee of any specific amount or general
level of expenditure under any contract(s) that may result from this RFP; similarly, the City cannot
predict or guarantee the frequency of use of any specific job classification.
2.7. Permanent Employment, Completion of Employment & Liability
Please state what your policy is in the event that the City should elect to hire a Temporary
Associate provided by the Service Provider as an employee of the City of Fort Collins for the
position the Service Provider has assigned them to; or for any other available City position. If
there is a minimum amount of hours the employee must work through your agency before they
can be hired directly by the City, please state that clearly in your proposal.
Otherwise, upon completion of any given temporary-employee assignment and proper payment to
the contractor for the hours of service provided, the City will have no further obligation,
responsibility, or liability with respect to the temporary personnel. Temporary employment will in no
way confer any of the rights of permanent employment with the City.
The City shall have no liability whatsoever for any claims or disputes between the temporary
employee and the contractor, and the contractor shall fully indemnify the City against any such
potential for or claims of liability. In addition, the contractor shall provide all insurance necessary to
protect the City; see Section 2.14 below.
2.8. Employee Listings & Reporting
The contractor will maintain a listing of all temporary employees who have worked on assignments
with the City. This list should include, at a minimum, the following information:
the employee's name
the employee's position classification, and training or skill level(s), as appropriate;
the agency / department assignment;
the employee's total hours worked, salary per hour and cost per hour, and total cost;
the supervisor’s performance rating of the employee;
the total hours assigned per classification; and
the total cost to the City for all employees provided.
Utilizing this listing, the contractor will report all activity with the City to the Human Resources
Department and the Purchasing Division on a quarterly basis, within two weeks after the end of the
quarter.
2.9. Employee Résumés, Testing & Personnel Information
As requested by the City department prior to the assignment or acceptance of any temporary
employee, the contractor shall provide copies of résumés, employment applications, test results,
and other relevant information to the department. As necessary, the contractor will test all potential
temporary employees to be sent to the City, so that the City may determine if they meet the
requirements of the job assignment.
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To the extent permissible by law, the contractor will also maintain application forms, résumés,
references, and other information provided to the contractor by temporary employees in the
contractor’s hiring process; similarly, the contractor will maintain evaluation forms and other
information received from City departments and agencies regarding each employee. The contractor
will maintain this information on all temporary employees assigned to the City for a period of one
year after the completion of the employee’s work assignment and one year after the completion or
termination of the contractor’s contract with the City (whichever is later). To the extent permissible
by law, all or any part of this information will be provided to the Human Resources Department upon
request at any time (before, during, or after the work assignment).
2.10. Employee Background Checking
To the extent permissible by law, the contractor will perform appropriate background checks on the
contractor’s employees, and will accept full responsibility for the accuracy and completeness of
such background checks. The contractor will not assign to the City any person for whom the
contractor has any background or other information which, in the contractor’s opinion, would lead a
reasonable person to question the suitability of that person for any specific City assignment or
project.
To the extent permissible by law, the City reserves the right to conduct appropriate background
checks of contractor’s employees who are to be or have been assigned to service with the City, and
to provide the results of such background checks to the contractor if appropriate.
2.11. Partial Performance & Unsatisfactory Employees
If any person provided by the contractor fails to work for at least the first four hours of the
assignment, the contractor will not charge the City for any hours. Should the City feel that the
temporary employee is not suitable for the assignment, the City will notify the contractor, who will in
turn be responsible for removing the employee from the City assignment.
If, in the opinion of the City in any specific situation, the contractor is unable to meet the time frame
required for the delivery of sufficient qualified personnel, or fails to provide sufficient qualified
personnel, or proposes personnel that the City does not find to possess sufficient or applicable
skills and experience, or if for any reason the City is not satisfied with the performance of the
contractor, the City reserves the right to utilize other temporary-personnel service contractors and
employment agencies.
2.12. Employee & Contractor Evaluation
The contractor will provide an employee evaluation form to the City department project manager for
each assignment. Completed evaluation forms shall be maintained by the contractor as provided
above in Section 2.9, and copies shall be provided to the Human Resources Department on
request.
In addition, the contractor will also provide a company evaluation form (for evaluation of the
contractor’s performance) to the City department project manager for each assignment. Completed
evaluation forms shall also be maintained by the contractor, and copies shall be provided to the
Human Resources Department on request. The contractor must maintain an overall satisfactory
rating for the duration of the contract term.
Please include your standard employee and company evaluation forms with your proposal.
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2.13 Employee and Client Department Orientation
The contractor will provide a “City of Fort Collins Employee Orientation Guide” to all temporary
employees, upon their assignment to the City of Fort Collins. The Guide will outline the policies and
procedures the employee should be aware of prior to beginning an assignment with the City.
The contractor will also provide client Departments within the City with a “City of Fort Collins
Department Guide to Using Temporary Help”. The Guide will instruct department clients as to basic
procedures to follow when requesting and using the contractor’s temporary employee services.
2.14. Insurance & Bonding
All contractors who provide services under a contract issued pursuant to this RFP must present
proof of insurance prior to the award of such a contract, and, at the City’s request, must be
prepared to bond temporary employees they provide to the City.
Please see the attached sample Service Agreement for information regarding general insurance
requirements. In addition, the contractor will be expected to provide any specific insurance
necessary to provide for the indemnification and protections outlined in Section 2.7 above.
2.15. Employee Request Procedures
Requests for temporary employees may come from a wide range of City agencies and departments,
covering temporary personnel categories representing a diversity of skills and duties.
Requests for temporary personnel support will go directly to the contractor from each individual
department or agency. The contractor will then work directly with the department to meet the need.
The contractor’s project manager will need good communication skills and a focus on customer
service.
As noted above in the introduction to Section 2, if the awarded contractor is unable to meet the
department’s specific need in the time-frame required, the City reserves the right to utilize other
contractors.
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Section 3: Pricing Options
In your proposal, please provide detailed information regarding the following three possible pricing
options. The purpose of these options is to provide you with the best opportunity to present the
capabilities and costs of your firm, while giving the City a variety of potential mechanisms for
optimum cost-effectiveness. For each option, please incorporate any other relevant information or
suggestions for alternatives.
Temporary-employee pay rates should be appropriate to enable the contractor to attract qualified,
capable, and reliable employees for the classification and type of need to be filled.
The City reserves the right to request quotations for whichever option(s) appear to best meet the
City’s need in any specific situation. As described above, temporary-personnel services will be
requested only through a Purchase Order; each Purchase Order will specify the pricing option,
specific scope of services, and fixed or estimated total price.
3.1. Fixed Hourly Rates by Category
This option provides generally for traditional temporary employees at a fixed cost per hour, for
whatever period of time the employee is required.
At a minimum, please provide the following:
Personnel categories you can supply
Skill levels, qualifications, and typical job duties for each category
Employee pay rate for each category
Contractor billing rate for each category
3.2. Fixed Mark-Up Percentage
This option is generally an alternative to the first option, fixed hourly rates by category, and can
either substitute for or supplement the first option. It provides generally for a fixed percentage of
mark-up on the employee pay rate (or a set of percentages, varying with the level of the employee
pay rate or the duration of the utilization).
This option is sometimes used for personnel categories that are used less frequently or are more
difficult to fill with qualified employees (therefore making fixed hourly rates by category more difficult
to guarantee).
At a minimum, please provide the following:
Personnel categories for which this option may be appropriate
Skill levels, qualifications, and typical job duties for each such category
Estimated employee pay rate for each such category
Contractor mark-up percentage for each such category
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3.3. Fixed Fee Per Project
This option provides generally for project-based or longer-term temporary employees, at a fixed
fee per project.
Typically, this would be based on a mutually-agreed-upon scope of employment services and
number of hours required, with the City providing project specifications, documentation, and City-
staff availability to ensure that the contractor thoroughly understands the project before providing a
quotation for a Purchase Order. This option would typically be appropriate for higher-level technical
or professional temporary-employee requirements.
At a minimum, please provide the following:
Additional personnel categories you can supply
Skill levels, qualifications, and typical job duties for each category
Methodology you would use to calculate the employee pay rate
Methodology you would use to calculate your total fixed fee
3.4. Other Pricing Options
Please discuss or recommend other pricing options, if appropriate.
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Section 4: Evaluation
4.1 Evaluation and Assessment of Proposals
Temporary Services firms will be evaluated on the following criteria. These criteria will be the basis
for review of the written proposals, as well as oral interviews. The rating scale will be from 1 to 5,
with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating.
Weighting
Factor
Qualification
Standard
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Scope of Proposal
Does the proposal show an understanding of the City’s
requirements, the methodology to be used, and the results
desired?
2 .5
Assigned Personnel
Do the persons who will manage the contract and those
who will work through the contract have the necessary
skills? Are sufficient people of the requisite skills available
for assignment to the City?
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Availability
Can the services be provided in the necessary time
frame? Can target start dates be met? Are other qualified
personnel available if required?
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Motivation
Is the firm interested? Does the firm demonstrate a desire
to provide the City with top-quality service?
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Cost
Do the proposed costs compare favorably to the City’s
estimates and in comparison to other respondents and
industry rates?
2.5
Firm Capability
Does the firm have the support capabilities the assigned
personnel require? Has the firm previously provided
services of this type and scope? actively recruit to
maintain a pool of qualified temporary employees?
4.2 Reference Evaluation (Top-ranked Firms)
The Project Managers will check references using the following criteria. The evaluation rankings
will be labeled Satisfactory / Unsatisfactory.
Qualifications and Standards
a. Overall Performance - Would you hire this company again?
b. Temporary-Employee Performance – Did the employee’s knowledge, skills, and abilities
match those required for successful completion of the assignment?
c. Completeness - Was the company responsive to client needs? Did the company anticipate
problems? Did the company follow up to assure client satisfaction? Were problems solved
quickly and effectively?
d. Costs - Were rates competitive and were charges billed accurately?
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SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of pages and
incorporated herein by this reference.
2. Contract Period. This Agreement shall commence , and shall continue in full
force and effect until , unless sooner terminated as herein provided.
3. Delay. If either party is prevented in whole or in part from performing its obligations
by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the
party so prevented shall be excused from whatever performance is prevented by such cause. To
the extent that the performance is actually prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition.
4. Early Termination by City/Notice. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to
the termination date contained in said notice unless otherwise agreed in writing by the parties. All
notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to
the following addresses:
City: Service Provider:
City of Fort Collins
Attn: Purchasing
PO Box 580
Fort Collins, CO 80522
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In the event of early termination by the City, the Service Provider shall be paid for services rendered
to the date of termination, subject only to the satisfactory performance of the Service Provider's
obligations under this Agreement. Such payment shall be the Service Provider's sole right and
remedy for such termination.
5. Contract Sum. The City shall pay the Service provider for the performance of this
Contract, subject to additions and deletions provided herein, per the attached Exhibit "A", consisting
of pages, and incorporated herein by this reference.
6. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the services provided under this agreement. All requests concerning
this agreement shall be directed to the City Representative.
7. Independent Service provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort Collins. The
City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any
other purpose.
8. Personal Services. It is understood that the City enters into the Agreement based on
the special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any
of the services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement or cause of action arising out of performance of this Agreement.
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10. Warranty.
(a) Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance
with accepted standards for work of a similar nature.
(b) Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the
most suitable grade of their respective kinds for their intended use, and all
workmanship shall be acceptable to City.
(c) Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City-furnished materials, equipment
and labor, against defects and nonconformances in design, materials and
workmanship/workwomanship for a period beginning with the start of the
work and ending twelve (12) months from and after final acceptance under
the Agreement, regardless whether the same were furnished or performed
by Service Provider or by any of its subcontractors of any tier. Upon receipt
of written notice from City of any such defect or nonconformances, the
affected item or part thereof shall be redesigned, repaired or replaced by
Service Provider in a manner and at a time acceptable to City.
11. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to
the terms of this agreement, such party may be declared in default thereof.
12. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non-defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the non-
defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because
of the default.
13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
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14. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any
person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an additional
insured under this Agreement of the type and with the limits specified within Exhibit B,
consisting of one (1) page, attached hereto and incorporated herein by this reference. The
Service Provider before commencing services hereunder, shall deliver to the City's Director
of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy
of a certificate evidencing the insurance coverage required from an insurance company
acceptable to the City.
15. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
16. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all
Contractors whose performance of work under this Agreement does not involve the delivery of a
specific end product other than reports that are merely incidental to the performance of said
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work. 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 an illegal alien;
and
2. Contractor has participated or attempted to participate in the basic pilot
employment verification 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 “Basic
Pilot Program”) in order to confirm the employment eligibility of all newly hired
employees.
b. Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. Contractor shall continue to apply to participate in the Basic Pilot Program and
shall in writing verify same every three (3) calendar months thereafter, until Contractor is
accepted or the public contract for services has been completed, whichever is earlier.
The requirements of this section shall not be required or effective if the Basic Pilot
Program is discontinued.
d. Contractor is prohibited from using Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while this Agreement is being performed.
e. If Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, 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 an
SA rev06/07
7
illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that 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 an illegal alien.
f. 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.
g. 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.
h. 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.
18. Special Provisions. [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of
( ) pages, attached hereto and incorporated herein by this reference.
SA rev06/07
8
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:_______________________________
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:_____________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
By:_______________________________
__________________________________
PRINT NAME
__________________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:_____________________________
ATTEST: (Corporate Seal)
_____________________________
CORPORATE SECRETARY
SA 10/01
1
EXHIBIT B
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the Service Provider shall furnish the City with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option,
may take out and maintain, at the expense of the Service Provider, such insurance as the City
may deem proper and may deduct the cost of such insurance from any monies which may be
due or become due the Service Provider under this Agreement. The City, its officers, agents
and employees shall be named as additional insureds on the Service Provider's general liability
and automobile liability insurance policies for any claims arising out of work performed under
this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's employees
engaged in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Agreement. Coverage for property
damage shall be on a "broad form" basis. The amount of insurance for each coverage,
Commercial General and Vehicle, shall not be less than $500,000 combined single limits
for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed under
this Agreement by a subcontractor, which liability is not covered by the subcontractor's
insurance.
SA 10/01
2
REQUEST FOR PROPOSALS
CITY OF FORT COLLINS
TEMPORARY PERSONNEL SERVICES
PROPOSAL NO. P-1081
PROPOSAL DATE: 3:00 p.m. (our clock) August 31, 2007
2
REQUEST FOR PROPOSAL
P1081 Temporary Personnel Services
The City of Fort Collins is requesting copies of proposals for Temporary Personnel Services for the
City’s Human Resources department. This is a one year agreement with the option to renew up to
four more years.
Written proposals, four (4) will be received at the City of Fort Collins' Purchasing Division, 215
North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before
3:00 p.m. (our clock), August 31, 2007. Proposal No. P1081. If delivered, they are to be sent to
215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O.
Box 580, Fort Collins, 80522-0580.
Questions concerning the scope of the project should be directed to Project Manager Joan Busch
(970) 221-6829.
Questions regarding the proposals submittal or process should be directed to Ed Bonnette, C.P.M.,
CPPB, Buyer (970) 416-2247.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
https://secure2.fcgov.com/bso/login.jsp
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of
the Bid.
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.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
REQUEST FOR PROPOSALS
CITY OF FORT COLLINS
TEMPORARY PERSONNEL SERVICES
PROPOSAL NO. P-1081
PROPOSAL DATE: 3:00 p.m. (our clock) August 31, 2007
2
REQUEST FOR PROPOSAL
P1081 Temporary Personnel Services
The City of Fort Collins is requesting copies of proposals for Temporary Personnel Services for the
City’s Human Resources department. This is a one year agreement with the option to renew up to
four more years.
Written proposals, four (4) will be received at the City of Fort Collins' Purchasing Division, 215
North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before
3:00 p.m. (our clock), August 31, 2007. Proposal No. P1081. If delivered, they are to be sent to
215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O.
Box 580, Fort Collins, 80522-0580.
Questions concerning the scope of the project should be directed to Project Manager Joan Busch
(970) 221-6829.
Questions regarding the proposals submittal or process should be directed to Ed Bonnette, C.P.M.,
CPPB, Buyer (970) 416-2247.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
https://secure2.fcgov.com/bso/login.jsp
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of
the Bid.
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.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management