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HomeMy WebLinkAboutRFP - 8900 PICKLEBALL SERVICE PROVIDERRFP 8900 Pickleball Service Provider Page 1 of 23 REQUEST FOR PROPOSAL 8900 PICKLEBALL SERVICE PROVIDER The City of Fort Collins is requesting proposals from qualified Vendors to provide indoor/outdoor Pickleball programs for the City’s Recreation Department. As part of the City’s commitment to Sustainable Purchasing, proposals 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 a hard copy proposal we require one (1) hard copy and one (1) electronic copy on a jump drive to 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) on June 13, 2019 and referenced as Proposal No. 8900. 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. All questions should be submitted, in writing via email, to Beth Diven, Buyer at bdiven@fcgov.com, with a copy to Project Manager, Sara Mendez at smendez@fcgov.com, no later than 5:00 PM MST (our clock) on June 4, 2019. Please format your e-mail to include: RFP 8900 Pickleball Service Provider in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by Bidnet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 961-68 Sports Professionals Services (Including Sports and Recreational Programs and Referee/Umpire Services) Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Vendors may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the Vendor may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked 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 8900 Pickleball Service Provider Page 2 of 23 “Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. 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. Please do not submit with your proposal. 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 Vendor shall be expected to sign the City’s standard Agreement prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director RFP 8900 Pickleball Service Provider Page 3 of 23 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins is requesting proposals from individuals and/or firms (herein the “Vendor”) to provide indoor/outdoor Pickleball programs for the City’s Recreation Department at the following four (5) facilities: Indoor Facilities: Fort Collins Senior Center Northside Aztlan Community Center (NACC) 1200 Raintree Drive 112 East Willow Street Outdoor Facilities: City Park Pickleball Courts (lighted) Twin Silos Pickleball Courts (unlit) 1500 West Mulberry Street 5480 Ziegler Rd. Spring Canyon Park (unlit/portable nets) 3156 S Overland Trail The City expects the Vendor to understand and accept that this will be a City based, recreationally designed program and adhere to recreation standards and the Code of Conduct, included herein as Section VI. As with any City program, the Vendor will need to establish community relationships with participants, guests, and potential vendors/sponsors and create an atmosphere that encourages impartiality for all participants. The Vendor must maintain professionalism when communicating with City contract liaisons on any issues and communicate appropriately with all participants or potential participants. It is essential that the Vendor creates and fosters an advantageous partnership with all City Recreation staff. II. SCOPE OF WORK A. Vendor Responsibilities The awarded Vendor will be responsible for administering the following services: • The coordination of Pickleball programs, leagues, tournaments, clinics, and provide City with proposed guidelines towards operation of these activities. • Meet with City Representative that oversees the contract to set-up all programs, leagues, tournaments, clinics, and collaborate on all Recreator and other advertisement needs. Additionally, go over all activity set-ups at least two days prior to activity. • The Vendor will host at least one league, tournament, and clinic per quarter per facility based on facility hours of availability. • Provide programs that are requested and are identified as a community need. • Provide safe and sufficient equipment needed for all programs; including but not limited to nets, balls etc. • Comply with all applicable rules, regulations, laws and the directives or instructions issued by the City. • Provide safe and adequate supplies to be used in the course by class participants. RFP 8900 Pickleball Service Provider Page 4 of 23 • Payment of all Vendor staff. • Provide registration materials to the Recreation Communications Office by the deadlines provided by City staff. • Report maintenance concerns to the City within 24 hours. • Report participant/guest issues or conflicts within 24 hours. • Report all injuries immediately to the facility’s front desk and complete an incident report. • Provide exemplary customer service to the Pickleball community/participants. • Create a cooperative relationship with the City and participants. • Propose pricing of programs to City contract liaison and justification behind costs associated with Pickleball activities. • The Vendor acknowledges and agrees that certain services provided by the Vendor will require that employees, agents, and volunteers of the Vendor act in positions of trust which may entail the handling of and accounting for funds of the City and City property, or direct contact with youth and other members of the general public. Accordingly, the Vendor agrees that all employees, volunteers, and other representatives or agents of the Vendor in positions of trust, as defined above, shall be background screened. All costs associated with said screenings to be fully paid by the Vendor. B. City Responsibilities The City will be responsible for the following: • Provide gym and outdoor court time for Vendor’s programming use as available. • At both the Senior Center and Northside Aztlan Community Center (NACC), one basketball court at each facility will be provided. This will create three Pickleball courts at each facility (1 basketball court = 3 Pickleball courts). • Provide current schedule of when the courts will be available. • Maintain all City owned equipment and facilities. • Provide marketing assistance that includes, but is not limited, to the following: programs listed in the Recreator, a marketing plan for the Senior Center and NACC that will announce the new contractual partnership. • Take all registration for Vendors programs through RecTrac. • Foster a cooperative relationship with Vendor, professionally approach issues, and respond to requests in a reasonable amount of time. • Work with Vendor to set reasonable program prices. C. Current Availability Current availability will be provided by the City seasonally. For reference and proposal purposes, the following listing is now available. NOTE: at times, other recreation events may take precedent and create changes to schedule availability. In addition, Fridays at the NACC may vary in availability due to pre-existing tournaments. RFP 8900 Pickleball Service Provider Page 5 of 23 Currently used league, tournament, drop-in, and clinic hours: Indoor Courts Senior Center Monday Noon – 3p Tuesday 11a – 2p & 5p – 9p Wednesday 8a – 11a & Noon – 3p Thursday 5p – 9p Friday Noon – 3p & 5p – 9p Saturday 9a – 11:45a Sunday 12:15p – 4:30p Northside Aztlan Community Center Sept.-Dec. MWF 7:40a-10:30a MWF 1:45p-4p Jan.-Feb. MWF 7:40a-10:30a MWF 1:45p-4p Mar.-May MWF 7:40a-10:30a MWF 1:45p-4p Outdoor Courts City Park Twin Silos March 1 – October 31 March 1 – October 31 Monday – Sunday Monday – Sunday 7:00a – 11:00p 7:00a – Sundown Spring Canyon March 1 – October 31 Monday – Sunday 7:00a - Sundown D. Qualifications The ideal candidate would possess the following qualifications: • 1-5 years of overall racket sport programming experience, including staffing and tournament management. RFP 8900 Pickleball Service Provider Page 6 of 23 • Demonstrated ability to provide world class customer service to volunteers, organizers, vendors and participants of all ages and experience level. Preference may be given to Vendors who possess one or more of the following: • Member of the USA Pickleball Association • Certified Coach or Professional with the Professional Pickleball Registry • Teaching certification (Levels 1, 2 or 3) from the International Pickleball Teaching Professional Association E. Anticipated Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: May 23, 2019 • Question deadline: 5:00 PM MST on June 4, 2019 • Proposal due date: 3:00 MST (our clock) on June 13, 2019 • Interviews (tentative): Week of June 24, 2019 • Award of Contract (tentative): July 2019 • Start of Services: August 1, 2019 F. Interviews In addition to submitting a written proposal, the top-rated Vendors may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. G. Subcontractors Vendors will be responsible for identifying any subcontractors in their proposal. Please note that the City will contract solely with the awarded Vendor; therefore subcontractors will be the responsibility of the Vendor. H. Proposal Format Please limit the total length of your proposal to a maximum of twenty-five (25) double sided or fifty (50) single sided 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Vendor Statement form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page. Please, no embedded documents. Proposals that do not conform to these requirements may be rejected. I. Laws and Regulations The Vendor agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances. RFP 8900 Pickleball Service Provider Page 7 of 23 J. Invoicing and Payment Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Vendor each month following the submittal of a correct invoice by the Vendor indicating the project name, Purchase Order number, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. Payments will be made using the prices listed on the agreed-to Price Schedule. In the event a service is requested which is not listed on the Price Schedule, the Vendor and the City will negotiate an appropriate unit price for the service prior to Consultant initiating such work. The City pays invoices on Net 30 terms. III. PROPOSAL SUBMITTAL For this section, Vendors are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Vendors propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Vendors include each of the City’s questions with their response immediately following the question. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Vendor Information 1. Describe the Vendor’s business and background 2. Number of years in the business 3. Details about ownership 4. An overview of services offered and qualifications 5. Location(s) of offices. If multiple, please identify which will be the primary for our account. 6. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). Complete Section V, Vendor Statement. RFP 8900 Pickleball Service Provider Page 8 of 23 C. Scope of Proposal 1. Provide a detailed narrative of the services proposed if awarded the contract per the scope above. The narrative should include any options that may be beneficial for the City to consider. 2. Describe your customer service philosophy and how you measure, deliver and guarantee professional and courteous service to partners, clients and participants. Include how you achieve seamless communication through multiple channels effectively. 3. Identify what portion of work, if any, may be subcontracted. D. Firm Capability Provide relevant information regarding previous experience related to this or similar Projects, to include the following: 1. References (current contact name, current telephone number and email address) from at least three similar projects with similar requirements that have been completed within the past five (5) years and that have involved the staff proposed to work on this project. Provide a description of the work performed. The Vendor authorizes City to verify any and all information contained in the Vendor’s submittal from references contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information they give. E. Assigned Personnel & Availability 1. List of Project Personnel: This list should include the identification of the contact person with primary responsibility for this Agreement, the personnel proposed for this Agreement, and any supervisory personnel, including partners and/or sub consultants, and their individual areas of responsibility. 2. Describe your strategy in light of the availability of personnel to ensure schedules are met in light of any other commitments your firm may have. Are other qualified personnel available to assist in meeting the schedule if required? F. Cost and Work Hours In your response to this proposal, please propose a cost by program 1. Propose a cost by program and options for revenue sharing/percentage with the City. The below information is an example of program models and proposed revenue shares. Winter Season Northside: Mixed Advanced League Time - Tuesday, 6:30am – 9:45am Dates - January 10 – February 28 Fee - $75.00 per team Minimum teams - 6 Proposed revenue share- 70% Service Provider, 30% City. RFP 8900 Pickleball Service Provider Page 9 of 23 Senior Center: Beginner Clinic Time - Wednesday, 11:00am – Noon Dates - January 11 – February 8 Fee - $20.00 per participant Minimum number of participants – 6 Proposed revenue share– 70% Service Provider, 30% City. Northside: Tournament – Winter Mixed Classic Time – Saturday and Sunday 9am – 5:00pm Dates – February 18 & 19 Fee - $65 per team Minimum teams – 10 Proposed revenue share– 70% Service Provider, 30% City. Spring Season Northside: Mixed Advanced League Time - Thursday, 6:30am – 9:45am Dates - March 9 – April 27 Fee - $75.00 per team Minimum teams - 4 Proposed revenue share- 70% Service Provider, 30% City. Senior Center: Beginner Clinic Time - Wednesday, 11:00am – Noon Dates – March 8 – April 5 Fee - $20.00 per participant Minimum number of participants – 6 Proposed revenue share– 70% Service Provider, 30% City. Women’s League Time - Friday, 6:00pm – 9:00pm Dates - March 10 – April 28 Fee - $75.00 per team Minimum teams - 6 Proposed revenue share- 70% Service Provider, 30% City. Senior Center: Tournament – Spring Mixed Jamboree Time – Saturday and Sunday 9am – 5:00pm Dates – April 15 & 16 Fee - $65 per team Minimum teams – 10 Proposed revenue share– 70% Service Provider, 30% City. RFP 8900 Pickleball Service Provider Page 10 of 23 G. Additional Information Provide any information that distinguishes Vendor from its competition and any additional information applicable to this RFP that might be valuable in assessing Vendor’s proposal. Explain any concerns Vendor may have in maintaining objectivity in recommending the best solution. All potential conflicts of interest must be disclosed. Exceptions to the Scope of Services and City Agreement (a sample of which is attached in Section VII) shall be documented. IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Vendors 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 Vendors 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 3.0 Scope of Proposal/ Deliverables Does the proposal address all elements of the RFP? Does the proposal show an understanding of program and customer service objectives? Does the proposal demonstrate cooperativeness to communicate and partner with clients and participants and to maintain a professional and courteous demeanor at all times? Are there any exceptions to the Code of Conduct, Scope of Services or Agreement? 2.0 Assigned Personnel & Availability Does the individual/firm who will be working on the project have the necessary skills and qualifications? Does the individual/firm have the requisite skills and qualifications assigned to the project? Can the individual/firm meet the schedule in the scope of services? Are other qualified personnel available to assist in meeting the program schedule if required? 3.0 Cost and Work Hours Does the proposal include proposed fees and cost share information? Are the fee and cost share amounts reasonable and inline with market and historical numbers for comparable services? 2.0 Firm Capability Does the individual/firm have the resources, capacity and support capabilities required to successfully meet service schedules? Has the individual/firm successfully completed previous projects of this type and scope? RFP 8900 Pickleball Service Provider Page 11 of 23 B. Reference Evaluation Criteria Prior to award, the Project Manager will check references using the following criteria. Negative responses from references may impact the award determination. CRITERIA STANDARD QUESTIONS Overall Performance Would you hire this Service Provider again? Did they show the skills required by 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 Service Provider responsive to client needs; did the Service Provider anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Services completed within the project budget? Job Knowledge Were problems corrected quickly and effectively? RFP 8900 Pickleball Service Provider Page 12 of 23 V. VENDOR STATEMENT Vendor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, Vendor hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Vendor’s knowledge and belief. b. Vendor commits that it is able to meet the terms provided in this proposal. c. Vendor acknowledges receipt of and commits to abide by the Code of Conduct (Section VI of the RFP). d. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. e. Vendor further agrees that the method of award is acceptable. f. Vendor also agrees to complete the proposed Agreement with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. g. Vendor acknowledge receipt of addenda. Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. RFP- 8539 Pickleball Service Provider Page 13 of 23 VI. CODE OF CONDUCT Code of Conduct Good sportsmanship is vital to maintaining the appropriate recreational atmosphere of the City of Fort Collins. All participants, contractors and spectators are expected to conduct themselves in a civil and sporting manner at all times- before, during and after contests. Behavior that promotes intolerance or prejudice, degrades any racial, ethnic, gender or religious group, infers an explicit sexual reference or promotes destructive behavior is considered disrespectful to the City of Fort Collins and its citizens, and will be addressed and handled accordingly. The City of Fort Collins has a zero tolerance rule for foul language and taunting. Any player using any type of foul language or taunting (including any inappropriate gestures) will be removed from the game. Ejections and suspensions are at the discretion of the supervisors and Recreation staff. No participant before, during or after drop-in play, games, activities, match, or events shall: 1. Physically attack any other participant or any City staff person. This includes but is not limited to striking, shoving, kicking or otherwise touching or subjecting another person to physical contact in a threatening or alarming manner. 2. Refuse to abide by a staff members decision and/or contest such decision in an unsportsmanlike manner. 3. Use obscene language or gestures, harassing, insulting, taunting, or challenging language, racial, ethnic or sexual slurs, or unsportsmanlike demonstrations of dissent concerning an official’s or staff member decision. 4. Use unnecessary roughness in the play of a game against an opposing player. 5. Throw or dispose of any object onto the field/court of play. 6. Violate the City of Fort Collins smoking, open container ordinance, other state or local alcohol or drug laws while at the sports venue; nor shall a participant enter the field of play while under the influence of drugs or alcohol. 7. Display other unsportsmanlike conduct while at a sports venue. Enforcement: City of Fort Collins staff has the full discretion to handle the misconduct as deemed fit; warnings may be assessed before penalties are enforced. The misconduct will be addressed by the following enforcements: 1. Minimum Penalties: Participant misconduct resulting in an ejection from the current sport activity and suspension from the next scheduled game, activity, or event. The typical length of the suspension is a week. In the instance the ejection is post game play; the player will not be permitted to play in the next two scheduled games. Once a participant has been ejected, the participant must leave the sports venue immediately. This is defined as going far enough away that he or she cannot be seen or heard by any participant within the sports venue. 2. Mid-Range Penalties: Participant misconduct resulting in suspension for up to the remainder of the scheduled season or up to one year, in addition to one or more years on probation. After review of the alleged violation by Recreation Department staff, mid-range penalties may be imposed if : a. Another infraction has occurred by the individual resulting in a penalty within the past calendar year. RFP- 8539 Pickleball Service Provider Page 14 of 23 b. The individual violated more than one section of this Code during the current incident. c. In the judgment of staff, the severity of the infraction justifies penalty beyond the minimum but not to the maximum level. Mid-range penalties may be imposed in addition to minimum penalties. 3. Maximum Penalties: Participant misconduct resulting in suspension for one year to lifetime banishment. Maximum penalties may be imposed if, after review of the alleged violation by Recreation Department staff, it is determined that the severity of the violation justifies the maximum penalty, based on negative impact to the program, other participants, spectators, and/or staff. Maximum penalties may be imposed in addition to minimum and/or mid-range penalties. Additional Penalty Information 1. Any participant ejection results in team probation until cleared by Recreation staff. 2. Any behavior that is also a violation of law may result in criminal charges. 3. Any participant who engages in three prohibited acts during any twelve-month period shall be suspended for up to five years, followed by two years of probation. 4. Any participant who engages in a prohibited act while on probation shall be suspended for one to five years. 5. Any participant who engages in more than three prohibited acts during any twelve-month period shall be banned for life from recreation sports, activities, and events. Appeals* Appeals of any enforcement decision may be made by submitting a written statement of appeal to the Recreation Manager within a week of the issuance of the decision to be appealed. If an enforcement decision is not appealed within the proper time period, it shall be considered final. The statement of appeal shall include: 1. A written description of the decision in question and related events 2. The basis for the appeal 3. Any additional information he or she believes is relevant in support of the appeal. The Recreation Manager will conduct such investigation as he or she determines to be appropriate, given the basis of the appeal and the related facts, and may conduct an informal hearing on the matter in his or her discretion. In the alternative, the Manager may convene an Appeals Board made up of Parks and Recreation staff that has no personal involvement in the decision being appealed, and such board shall conduct an appropriate investigation. The Recreation Manager or Appeals Board, if one is convened, shall issue a written decision on the appeal within 30 days from the filing of the appeal. The written decision shall include an explanation of the basis for the conclusion reached. *Appeals may not be made for instances that are penalized as minimum penalties. RFP- 8539 Pickleball Service Provider Page 15 of 23 VII. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) 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. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. Contract Period. This Agreement shall commence upon contract signing and shall continue in full force and effect until , 2017, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to 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 RFP- 8539 Pickleball Service Provider Page 16 of 23 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, ($ ) as per the attached Exhibit " ", consisting of page , and incorporated herein by this reference. 6. Personnel. Service Provider shall control the conduct and demeanor of its agents and employees. If the City so requests, Service Provider agrees to supply and require its employees to wear or carry badges or other suitable means of identification, the form of which shall be subject to prior and continuing approval of the City. The Service Provider agrees to provide to the City at all times a current list of employees, volunteers, and other representatives or agents of Service Provider that will be working on behalf of Service Provider in providing services to the City under this Agreement. The Service Provider and the City acknowledge and agree that certain services provided by Service Provider will require that employees, volunteers, and other representatives or agents of Service Provider act in positions of trust which will entail the handling of and accounting for funds of the City and City property, or direct contact with youth and other members of the general public. Accordingly, Service Provider agrees that all employees, volunteers, and other representatives or agents of the Service Provider in positions of trust shall be background screened, at Service Provider’s expense. In the event that a background check, or any other information available to the Service Provider or the City, raises questions about the trustworthiness, fitness for provision of services under this Agreement, competence or suitability of any individual for a position of trust of any kind, including handling of funds, City equipment or property, or working with youths or other members of the general public, such individual shall not be employed or allowed to volunteer in connection with the services or activities required or permitted under this Agreement, or in a manner that would permit contact by that person with the funds, equipment, property associated with the provision of services hereunder, or persons participating in programs or services provided under this Agreement. Upon receipt of written notice from the City of any reasonable objection from the City concerning trustworthiness, fitness for provision of services under this Agreement, competence or suitability of any individual for a position of trust of any kind, or concerning conduct, demeanor or competence of any employee or volunteer of Service Provider , the Service Provider shall immediately take all lawful steps to remove or otherwise address to the City's reasonable satisfaction the cause of the objection or to remove such individual from the performance of any services provided hereunder. The following constitute unacceptable personal conduct that the parties acknowledge and agree shall be subject to reasonable objection by the City. The parties acknowledge that other conduct not listed in this Section may be determined by the City to be reasonably RFP- 8539 Pickleball Service Provider Page 17 of 23 expected to impair Service Provider’s ability to provide satisfactory services under this Agreement, and may also give rise to a reasonable objection by the City to which Service Provider shall be expected to respond as set forth herein. In the event that Service Provider, or the individual site manager, if different from Service Provider, commits any of the following examples of unacceptable conduct, or fails or refuses to take reasonable action to correct such conduct by any person providing services for or on behalf of Service Provider hereunder, the City may give Service Provider notice of violation and proceed in the manner as set forth in article 14. a) Theft or misuse of money or property; b) Commission or conviction of a felony or of any crime involving moral turpitude; c) Harassment of, or discrimination against, any individual based on race, religion, national origin, age, sex, sexual orientation or disability; d) Falsification, unauthorized use or destruction of City property; e) Abusive or threatening treatment of any person, including, but not limited to physical or verbal confrontation; f) Insubordination or refusal to comply with directives or assignments; g) Using, consuming, possessing, having in the body, or distributing alcohol or controlled substances during working time; h) Incompetence, inattention to duties or wastefulness while on the job; i) Failure to meet performance expectations of job or not performing duties or functions assigned; j) Engaging in personal business while on the job or engaging in outside employment which interferes with job performance; k) Repeated tardiness, absenteeism; and l) Job Abandonment (unreported absences of three days or more) 7. 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. 8. 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. 9. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A 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 RFP- 8539 Pickleball Service Provider Page 18 of 23 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 of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. RFP- 8539 Pickleball Service Provider Page 19 of 23 15. 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. 16. 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 Purchasing Director, 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. 17. 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. 18. 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. 19. 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- RFP- 8539 Pickleball Service Provider Page 20 of 23 17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. 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. 20. 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- 8539 Pickleball Service Provider Page 21 of 23 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP- 8539 Pickleball Service Provider Page 22 of 23 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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 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- 8539 Pickleball Service Provider Page 23 of 23 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.