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HomeMy WebLinkAboutRFP - 8054 SPORTS OFFICIATING SERVICESRFP - 8054 SPORTS OFFICIATING SERVICES Page 1 of 16 REQUEST FOR PROPOSAL 8054 SPORTS OFFICIATING SERVICES The City of Fort Collins (City) is requesting proposals from qualified firms to provide sports officiating services for the City’s Parks & Recreation sports programs. It is the City’s intent to contract with a firm or association for the organization, implementation, and operation of the booking and staffing of Officials for all athletic programs as outlined in this solicitation. As part of the City’s commitment to Sustainable Purchasing, proposal submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, four (4) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), February 13, 2015 and referenced as Proposal No. 8054. 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. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the bid should be directed to Marc Rademacher at (970) 221-6309 or mrademacher@fcgov.com. Questions regarding bid submittal or process should be directed to Jill Wilson, Buyer at (970) 221-6216 or jwilson@fcgov.com. All questions must be submitted in writing via email to Marc Rademacher, with a copy to Jill Wilson, no later than 5:00 PM our clock on January 30, 2015. Questions received after this deadline will 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. A copy of the RFP may be obtained at www.rockymountainbidsystem.com. The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. 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 - 8054 SPORTS OFFICIATING SERVICES Page 2 of 16 New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for 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. 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. 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 Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Director of Purchasing & Risk Management RFP - 8054 SPORTS OFFICIATING SERVICES Page 3 of 16 REQUEST FOR PROPOSAL 8054 SPORTS OFFICIATING SERVICES I. INTRODUCTION The City of Fort Collins (City) is requesting proposals from qualified firms to provide sports officiating services for the City’s Parks & Recreation sports programs. It is the City’s intent to contract with a firm or association for the organization, implementation, and operation of the booking and staffing of Officials for all athletic programs as outlined in this solicitation. The estimated annual games/matches the City is requesting to be officiated is 6,100. Details regarding the City sports programs are outlined on attached Exhibit “A” - City Sports Roster, consisting of one (1) page and incorporated herein by this reference. II. SCOPE OF SERVICES A. Officials Training Expectations  Officials training will consist of scrimmages between teams to give Officials on field/court experience.  Officials training will consist of classroom sessions and on field/court sessions, each to last no less than 1.5 hours.  Officials training sessions will take place at the start of each season, as determined by the City.  At the option of City staff, City staff will be permitted to discuss league rules at Officials training sessions.  Officials will have written evaluations completed at the request of City staff. Officials must receive a score of at least an 80% on the evaluation to be considered passing.  Evaluation documents are created by the Officials organization and approved by City staff. B. Payment for Officiating Services  Payments from the City to the Service Provider shall be made monthly based on invoices received from the Service Provider.  Pay rates for Officials of each sport and game will be negotiated between the Service Provider and the City at the commencement of the Agreement and are able to be adjusted solely by the City. Current Officials game rates are specified on Exhibit A.  The fee for each year shall be set based upon 6,100 games unless a difference of 20% occurs.  If an increase of 20% or more assigned games occurs the fee shall increase by 20%.  If a decrease of 20% of more assigned games occurs the fee shall decrease by 20%.  In the case of an Official no- show, the City shall be credited the Official’s payment and the $5 per game assigning fee on the next invoice. C. Officials Conduct  City staff may require that specific Officials not be allowed to officiate City games/sports in the following situations:  Officials using inappropriate conduct (as determined by City staff) with players, coaches, staff, or spectators. RFP - 8054 SPORTS OFFICIATING SERVICES Page 4 of 16  Officials using lewd or foul language (as determined by City staff).  Officials with criminal histories such as, but not limited to, sexual assault, assault, or domestic violence.  Other acts not specifically defined in this section, as determined by City staff. D. Officials Uniforms  Officials will be expected to adhere to the following uniform requirements:  Uniforms shall not include the City of Fort Collins logo.  Softball/Kickball: Service Provider supplied polo shirt, Officials hat, and heather- grey pants.  Basketball: Officials striped shirt, black pants, whistle, and black shoes.  Football: Officials striped shirt, black pants, whistle, and black shoes.  Volleyball: Service Provider supplied polo shirt, black pants, and whistle. E. Officials Scheduling  City staff will provide schedules for games for each sports season no less than one week before the start of each season.  Rescheduled games with more than one week notice will not be subject to an additional assigning fee.  Any games scheduled within one week of requested game date will result in an additional $5 assigning fee.  Schedule changes due to force majeure will be rescheduled without an additional assigning fee.  Contractor will be responsible for securing substitute Officials in the event of no- shows.  Each game will be scheduled with a set number of Officials as defined on Exhibit A. III. SUBMITTAL REQUIREMENTS The following information must be included in the proposal. Required proposal documents must be arranged in the order listed below. 1. Company name and address, as well as the name and contact information of the primary contact. 2. Company profile to include key administrative personnel, firm availability, service standards, experience providing the same type of service to similar organizations and number of available Officials. What is the process to ensure substitute Officials are readily available in the event of no- shows? 3. Acknowledge your consent to adhere to the Scope of Services and sample Agreement (including Insurance Requirements) outlined in this solicitation, unless otherwise noted in proposal. Does your company maintain Workers' Compensation & Employer's Liability for Officials? If not, please explain. 4. Propose an annual Assigning Fee and a proposed rate change for Years 2 through 5, shown as a percentage rate for each year. Proposed rate change percentages are relative to the most previous year’s price. Pricing for Years 2 through 5 will be evaluated as part of the pricing criteria. RFP - 8054 SPORTS OFFICIATING SERVICES Page 5 of 16 5. List of three (3) references, with whom the Project Manager can contact, from organizations in which similar services have been provided by the proposing firm within the last two (2) years. Include the name and address of each referenced company, as well as the name, title, and phone number of the contact person. IV. PROPOSAL GUIDELINES Proposals shall be limited to five (5) pages. The City reserves the right to reject any proposal exceeding five pages. The City assumes no responsibility for liability for any costs vendors may incur in responding to this RFP; including attending meetings, site visits and/or contract negotiations. The City expects to enter into an Agreement with the awarded vendor. The anticipated terms and conditions of the Agreement are set forth in attached Exhibit “B”, consisting of eight (8) pages and incorporated herein by reference; however, the City may include additional terms and conditions in the Agreement after award. The City reserves the right to negotiate the final terms of the Agreement. This RFP may be amended and/or revoked at any time prior to final execution of an Agreement with the City. Deviations from Scope of Services: It is intended that the vendor shall conform to the Scope of Services. Any deviations from the Scope of Services must be clearly identified and explained separately in the proposal. V. TIMETABLE The following is a proposed timetable developed for this project. Firms will be notified of any significant changes which might occur. Item: Date: Questions due to the City January 30, 2015, 5:00 P.M. (our clock) Written proposals due to the City February 13, 2015, 3:00 P.M. (our clock) Finalist Service Providers notified Week of February 16th, 2015 Finalists interviews (at the City’s option) Week of February 23rd, 2015 Contract negotiations (completed) Week of March 16th, 2015 RFP - 8054 SPORTS OFFICIATING SERVICES Page 6 of 16 VI. REVIEW AND ASSESSMENT Firms will be evaluated on the following criteria. These 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 firms may be conducted. The rating scale shall 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 2.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the Scope of Services or attached Agreement? 1.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient Officials of the requisite skills and qualifications assigned to the project? 2.0 Availability Can the firm furnish adequate Officials to meet all game dates? Are other qualified personnel available to assist in meeting the project schedule if required? 2.0 Cost and Work Hours Is the Assigning Fee and proposed rate changes competitive? Do the proposed cost and work hours compare favorably with the Project Manager's estimate? 1.0 Firm Capability Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on-time and in- budget? Has the firm successfully completed previous projects of this type and scope? RFP - 8054 SPORTS OFFICIATING SERVICES Page 7 of 16 VII. REFERENCE EVALUATION (Top Ranked Firm): The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this firm again? Did they show the skills required for this project? Timetable Was the original Scope of Services completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the firm responsive to client needs; did the firm anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Services completed within the project budget? Job Knowledge Did firm meet the Scope of Services? Was the project properly completed? Were problems corrected quickly and effectively? RFP - 8054 SPORTS OFFICIATING SERVICES Page 8 of 16 EXHIBIT A CITY SPORTS ROSTER Program Number of officials per game Cost for officials per game Total number of games Start Month End month Approx Assingments Summer Basketball-Elementary 2 $ 30.00 122 June July 35 Summer Basketball-Middle School/Comp* 2 $ 30.00 210 June July 38 Fall Flag Football 2 $ 24.00 228 September October 40 Fall Girls Basketball-Elementary 2 $ 22.00 129 October December 26 Fall Girls Basketball-Middle School* 2 $ 30.00 58 October December 14 Boys Basketball- Elementary 2 $ 22.00 288 February March 51 Boys Basketball- Middle School* 2 $ 30.00 103 February March 24 Volleyball 2 $ 24.00 111 April May 27 Spring Flag Football 2 $ 24.00 265 April May 57 Indoor Tackle Football* 3 $ 61.00 18 November December 10 Tackle Football* 3 $ 61.00 186 September October 54 Youth Sports Totals 1718 376 Winter Basketball 2 $60.00 128 January March 40 Winter Volleyball 1 $15.00 224 January March 48 Winter Indoor Flag Football 3 $54.00 18 January February 6 Spring Indoor Flag Football 3 $54.00 18 March May 6 Spring Outdoor Flag Football 3 $54.00 30 March May 6 Spring Basketball 2 $60.00 24 March May 6 Spring Volleyball 1 $15.00 224 March May 48 Spring Kickball 1 $22.00 120 March May 18 Spring Softball 1 $25.00 480 March May 24 Summer Softball 2 $50.00 1,524 May August 442 Summer Basketball 2 $60.00 32 June August 8 Summer Outdoor Volleyball 1 $15.00 84 June August 28 Fall Outdoor Flag Football 3 $54.00 120 August October 24 Fall Indoor Flag Football 3 $54.00 32 November December 6 Fall Volleyball 1 $15.00 224 August October 48 Fall Ultimate Frisbee 1 $0.00 48 October December 14 Fall Softball 1 $25.00 928 August October 240 Fall Volleyball Tournament 1 $15.00 48 November December 24 Fall Mini Basketball League 2 $60.00 16 November December 4 Adult Sports Totals 4322 1040 Sports Totals 6040 1416 CURRENT CoFC RFP - 8054 SPORTS OFFICIATING SERVICES Page 9 of 16 EXHIBIT B SAMPLE SERVICES AGREEMENT (For informational purposes, do not fill in or submit with proposal) 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 ( ) page and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit " ", consisting of ( ) page , and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Service Provider mailed no later than ninety (90) days prior to contract end. 5. Contract Period. [Option 2] This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , 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 ( ) additional one year periods. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 6. 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 RFP - 8054 SPORTS OFFICIATING SERVICES Page 10 of 16 from the onset of such condition. 7. 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: Service Provider: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 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. 8. 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 " ", consisting of ( ) page , and incorporated herein by this reference. Service Provider shall submit invoices to the City monthly. Payment will be made for all undisputed charges via Automatic Clearing House (“ACH”) direct account-to- account electronic deposit within thirty (30) days of receipt of an invoice. The Service Provider herein agrees to execute the applicable direct deposit authorization form. 9. 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. 10. 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. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work RFP - 8054 SPORTS OFFICIATING SERVICES Page 11 of 16 of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire RFP - 8054 SPORTS OFFICIATING SERVICES Page 12 of 16 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. 18. 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 , 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. 19. 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. 20. 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. 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. RFP - 8054 SPORTS OFFICIATING SERVICES Page 13 of 16 b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit “ “ - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. RFP - 8054 SPORTS OFFICIATING SERVICES Page 14 of 16 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By:_______________________________ __________________________________ PRINT NAME __________________________________ TITLE Date:_____________________________ RFP - 8054 SPORTS OFFICIATING SERVICES Page 15 of 16 EXHIBIT 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 $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. RFP - 8054 SPORTS OFFICIATING SERVICES Page 16 of 16 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.