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HomeMy WebLinkAboutRFP - 8311 MAIL SERVICES (2)RFP 8311 Mail Services Page 1 of 19 REQUEST FOR PROPOSAL 8311 MAIL SERVICES The City of Fort Collins is requesting proposals from qualified firms to collect, sort, meter and deliver interoffice and postal service mail to multiple City facilities. 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 hard copy proposals instead, five (5) 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), May 25, 2016 and referenced as Proposal No. 8311. 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 regarding the bid should be directed to Doug Clapp, CPPB, Senior Buyer at (970) 221-6776 or dclapp@fcgov.com. All questions must be submitted in writing via email to Doug Clapp, no later than 5:00 PM our clock on May 17, 2016. Questions received after this deadline will not be answered. 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. 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- 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 8311 Mail Services Page 2 of 19 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. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. 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 Purchasing Director RFP 8311 Mail Services Page 3 of 19 REQUEST FOR PROPOSAL 8311 MAIL SERVICES OBJECTIVE The City of Fort Collins is seeking the services of a courier or delivery firm to provide internal and postal mail services for the City’s various facilities and operations. These services include collection, sorting, metering, and delivery of interoffice and postal service mail to facilities named in this Request for Proposal (RFP). The City of Fort Collins seeks these services as a means of reducing cost and improving efficiency of the organizations internal operations. Requirements for services we plan to procure under this RFP include: • Bonded and experienced personnel assigned to internal and postal mail services. • Pickup and delivery of interoffice mail between facilities named in Appendix A of this Request for Proposal. • Timely and secure pickup and delivery of Utility Bills from drop-box location noted in Appendix A of this Request for Proposal. • Purchase of postage from the US Postal Service (USPS) for the purpose of postage assignment to mail collected from City facilities intended for delivery to the USPS. • Sorting, metering, assignment of postage, and delivery of USPS mail to the Post Office from City facilities identified in Appendix A of this RFP. • USPS billing allocations and invoicing for each City department based on the amount of mail and cost of postage from those departments. Entities to be billed may change from time to time. Detailed information will be provided to the awarded firm. • Contractor shall purchase and maintain a mail metering machine that will accommodate the sorting of USPS mail and identification of the costs associated with each department based on their respective mail quantities. • Contractor will be responsible for invoicing the City for postage costs with charges detailed by department by the 15th day of the month preceding the previous month’s usage. Billing will be based on the first and last day of each calendar month. Provider Experience: • Verifiable prior experience in providing similar mail services for public entities where citizen and employee personal identifying information may be at risk. • Show evidence of an ability to take over contracted mail services quickly and efficiently. • Firms must show they recognize the importance of City internal communications to the success of our operations. • Must demonstrate an understanding of Federal Trade Commission (FTC) Red Flag Rules concerning identity theft. • Show that they understand and apply appropriate security and protective measures necessary to protect any information that may be available in the materials being carried by the delivery service. RFP 8311 Mail Services Page 4 of 19 Proposal Requirements: • Firms should submit a comprehensive proposal including all elements of the work covered by this RFP. Pricing for the components of this service should be offered on an incremental basis, allowing City to clearly identify the individual costs of any additional services proposed. BACKGROUND The internal mail service includes collection of packages to be shipped by FedEx and UPS from City offices as well as the sorting and metering of U.S. Mail from the various City offices. Postage is purchased by the Warehouse operation and is then assigned to the pieces of mail based on USPS requirements for packages and letters. The cost of postage is tracked and recovered at the end of the month from each department based on their respective USPS costs. Over the last decade, the concern and risk related to identity theft has been rising sharply along with the rate of occurrences. This heightened risk is evident in the requirements and penalties from the Federal Trade Commission (FTC) as defined in the Fair and Accurate Credit Transactions Act of 2003: 16 C.F.R., Part 681. Protection of the privacy of our employees, and citizen-owners is a significant concern because financial and personal information will be contained in the interoffice mail, Utility bills, traffic tickets, and other items handled by this delivery service. Consequently, the person tasked with the mail sorting, metering and distribution must be trustworthy, experienced, and bonded. REQUEST FOR PROPOSAL SCHEDULE Questions Deadline By 5:00 PM, May 17, 2016 Question Response sent via Addendum By May 19, 2016 Responses to RFP due By 3:00 PM, May 25, 2016 Evaluation of written proposals Week of May 30th, 2016 Interviews/Present Proposals TBD Contract Awarded By end of June, 2016 SCOPE OF WORK Firms must offer a true “replacement service” for the mail services currently provided by Utilities. Proposals will be evaluated based on the criteria established in section Method of Award of this RFP.. Additional service proposed in a response to this RFP shall be clearly defined and costs associated with those services shall also be clearly and independently identified. • Collection and Delivery of Interoffice Mail – The contractor will be responsible for the pickup and delivery of interoffice mail between facilities named in Appendix A of this RFP. All proposals must use the routing and timing provided in Appendix A. After award, the contractor will be free to propose alternate schedules, interoffice addressing schemes, and other changes, subject to City approval. It should be understood that the existing schedule is the result of years of experience and will not be changed without significant justification and consideration. • Collection and Delivery of Utility Bills from Drop Boxes – The contractor will be responsible for timely and secure pickup of Utility bills from seven (7) drop box locations as noted in Appendix A of this RFP and shall deliver the bills to the Utilities Customer Service division promptly at 1:20pm to accommodate the Utilities RFP 8311 Mail Services Page 5 of 19 Customer Service Division's business needs. Depending on changes in business needs, flexibility in pickup/delivery time for Utility bills may become necessary. Should there be problems with the Utility Bill Drop Boxes (such as key/lock problems or physical damage from vehicle strikes), the Contractor must notify Operations Services immediately to rectify the problem. The contractor must additionally notify the Utilities Customer Service Division in conformance with Utilities business needs and the Federal Trade Commissions “Red Flag Rules.” • Postal Service Mail  Collection and sorting of outgoing postal mail – Contractor shall be responsible for sorting, metering, assignment of postage from various City facilities as identified in Appendix A of this Request for Proposal and shall deliver them to the Post Office between 4PM and 5PM on the same day it is picked up from the City. Outgoing mail may already be stamped or may require metering. Mail already bearing a stamp is collected in a separate postal tub for delivery to the Post Office. Mail requiring metering is sorted and metered throughout the day in preparation for delivery to the Post Office at the appropriate time of day. Contractor will be responsible for assuring that account numbers required for invoicing the mail services are correct. On occasion, the contractor may have to determine if mail requires sealing and may have to instruct City employees how to prepare a mailing or a certified mailing.  Collection and sorting of incoming postal mail – Contractor shall be responsible for picking up the incoming mail from the Post Office in the morning. Contractor shall then sort and deliver postal mail to the delivery locations as defined in Appendix A. Delivery locations are subject to change.  Metering of postal mail postage and invoicing for postage – Contractor shall maintain up-to-date information on USPS rates and shall notify the City as changes to such rates affect mail services. USPS billing allocations and invoicing for each City department based on the amount of mail and cost of postage from those departments. A current list of specific departments to be billed is attached as Appendix B. Billed entities may change from time to time depending on City needs. a) Proposer shall purchase and maintain a mail metering machine that will accommodate the sorting of US Postal mail and identification of the costs associated with each department based on their respective mail quantities. b) Proposer will be responsible for billing postage costs to the City detailed by department by the 15th day of the month preceding the previous month’s usage. Billing will be based on the first and last day of each calendar month. • Distribution of supplies from USPS – Contractor shall deliver mailing supplies from USPS to departments to assure that mailings can be adequately prepared. Contractor may also receive information from the Post Office regarding coordinating payments to the post office for annual fees such as P.O. Boxes or business reply mail fees, and shall communicate this information immediately to the City. • Access to City Facilities -- Prior to beginning work under this Contract, the Service Provider must obtain a background clearance using Colorado Data Base Investigations and/or Colorado Bureau of Investigations-Crime Information Center. Also Service Provider must check for valid documents through Homeland Security, RFP 8311 Mail Services Page 6 of 19 Immigration and Custom Enforcement (ICE). An appointment must be made by the Service Provider with Operations Services, City of Fort Collins, 970-221-6610, for a City picture ID. The Service provider must bring a copy of the CBI report for City records. The City may deny clearance to any person who: − Has an active criminal arrest warrant; − Has a felony arrest or conviction; − Has a drug-related misdemeanor or drug-related petty offensive conviction; − Has a non-drug-related misdemeanor or a petty offensive conviction within the past three (3) years; − Is a suspect in an active criminal investigation; − Was previously terminated from employment by the City of Fort Collins; − Is determined to be a threat to the safety of persons or property or to the confidentiality of City information. Operations Services shall provide the Service Provider with a picture identification tag for all persons given clearance. Such identification tags shall be displayed, in an easily seen manner, on all employees while working in City buildings. Identification tags and access fobs shall immediately be returned to the City Representative when the employee no longer works for the Service Provider in City buildings. Any Service Provider employee without a properly displayed identification card is subject to immediate eviction from the City building. The Service Provider shall provide the City with a current and complete list of the names, I.D. card numbers, address and telephone numbers of all Service Provider personnel providing services under this agreement. The Service Provider shall keep this list current and shall immediately inform the City of all personnel changes. • Transition / Training – In the event the contract is awarded to a new contractor, The contractor will work in collaboration with the City to develop a plan to transition 100% of the work detailed in the Scope of Work from the City’s current service provider. • Other Proposed Services – to be identified by the respondent on an individual and incremental basis. FIRM CAPABILITY AND STABILITY The City is committed to objectivity, full disclosure and protection of propriety information in all its procurement practices. Accordingly, bidders shall: 1. Cite the experience of their company personnel. 2. Cite their company’s experience in public sector for organizations equal to or larger than the City of Fort Collins’ internal mail delivery services. 3. Cite their familiarity with identity theft countermeasures and consequences of insufficient identity theft mitigation procedures. 4. Provide an organization chart and shall discuss any recent gains or losses of key or bonded personnel. 5. Disclose any current or past litigation or contractual disputes over payment or performance. PROPOSAL FORMAT RFP 8311 Mail Services Page 7 of 19 It is recommended that proposals confirm to the following outline. A. Proposer Information Name of Organization, Address, City, State, Zip, Telephone, E-Mail Address, Name and title of contact person, Federal tax identification number, and Organizational Mission or Purpose. B. Project Summary Briefly describe the service you plan to offer. C. Budget Provide a detailed cost estimate for each service provided in relation to this RFP. D. Service Execution Provide an itemized description of how each service will be provided. Include proposed approach, tools, methods etc. to successfully provide the overall service. E. Staff Identify key personnel who will execute the project and briefly identify their duties and responsibilities. Include resumes for each project participant. F. Past Experience Provide a description of similar relevant work performed and contact information for three (3) or more recent references. In addition to a general description, please be specific in answering the following questions: • How many similar services have you or do you provide for public organizations of similar or greater size to the City of Fort Collins? METHOD OF AWARD Professional 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 specifications, Scope of Work, or agreement? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the RFP 8311 Mail Services Page 8 of 19 requisite skills and qualifications assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? 2.0 Cost and Work Hours Does the proposal included detailed cost break-down for each cost element as applicable and are the line-item costs competitive? Do the proposed cost and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required by each project task or phase? 2.0 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? Definitions Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition of Andrew Savitz for TBL is that it “captures the essence of sustainability by measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” RFP 8311 Mail Services Page 9 of 19 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 Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 8311 Mail Services Page 10 of 19 APPENDIX A LIST OF SCHEDULED MAIL DELIVERY STOPS Sequence Location Name Address City stop time 1 Old Town Post Office 301 S Howes St Fort Collins 6:50:00 AM 2 Ops Services 300 Laporte Ave Fort Collins 8:40:00 AM 3 Utilities Service Center 700 Wood St Fort Collins 8:45:00 AM 4 Fleet Services 835 Wood St Fort Collins 8:50:00 AM 5 City Hall - West 300 Laporte Ave STE B Fort Collins 8:55:00 AM 6 Social Sustainability 321 Maple St Fort Collins 8:58:00 AM 7 Customer Service 117 N Mason St Fort Collins 9:05:00 AM 8 City Of Fort Collins 200 W Mountain Fort Collins 9:07:00 AM 9 City Of Fort Collins 212 W Mountain Ave Fort Collins 9:09:00 AM 10 215 N Mason 215 N Mason St Fort Collins 9:10:00 AM 11 281 N College 281 N College Ave Fort Collins 9:15:00 AM 12 Northside Aztlan Center 112 Willow St Fort Collins 9:20:00 AM 13 Streets 626 Linden St Fort Collins 9:25:00 AM 14 Traffic 626 Linden St Fort Collins 9:30:00 AM 15 Library 201 Peterson St Fort Collins 9:35:00 AM 16 Poudre Fire Authority 102 Remington St Fort Collins 9:40:00 AM 17 Downtown Development Authority 19 Old Town Sq Fort Collins 9:45:00 AM 18 Feet - Mulberry 3825 E Mulberry St 2-a Fort Collins 10:00:00 AM 19 Nix Farm 1745 Hoffman Mill Rd Fort Collins 10:10:00 AM 20 Epic 1801 Riverside Ave Fort Collins 10:20:00 AM 21 Drake Water Reclamation Facility 3036 Environmental Dr Fort Collins 10:30:00 AM 22 Police Services 2221 S Timberline Rd Fort Collins 10:40:00 AM 23 Collindale Pro Shop 1441 E Horsetooth Rd Fort Collins 10:50:00 AM 25 Fossil Creek Park 5833 S Lemay Ave Fort Collins 11:00:00 AM 26 Foothills Activity Center 241 E Foothills Pkwy Fort Collins 11:10:00 AM 27 Garden At Spring Creek 2145 Centre Ave Fort Collins 11:15:00 AM 28 Fort Collins Senior Center & Drop Box 1200 Raintree Dr Fort Collins 11:20:00 AM 29 Park Shop 413 S Bryan Ave Fort Collins 11:29:00 AM 30 Fort Collins Housing Auth. 1715 W Mountain Ave Fort Collins 11:35:00 AM 32 Utilities Service Center 700 Wood St Fort Collins 11:45:00 AM RFP 8311 Mail Services Page 11 of 19 33 Lincoln Center 417 W Magnolia St Floor Fort Collins 11:50:00 AM 34 City Hall - West 300 Laporte Ave STE B Fort Collins 12:50:00 PM 35 Social Sustainability 321 Maple St Fort Collins 12:55:00 PM 36 215 N Mason Drop Box 215 N Mason St Fort Collins 1:00:00 PM 37 Larimer County Courthouse 200 W Oak St Fort Collins 1:10:00 PM 38 Restorative Justice 112 N Howes St Fort Collins 1:15:00 PM 39 Poudre River Library 201 Peterson St Fort Collins 1:20:00 PM 40 Mulberry Pool 424 W Mulberry St Fort Collins 1:25:00 PM 41 Vango 419 Canyon Ave Fort Collins 1:30:00 PM 42 Poudre Fire Authority 3400 W Vine Dr STE A Fort Collins 1:40:00 PM 43 Water Treatment 4316 Laporte Ave Fort Collins 1:45:00 PM 44 Operation Services 300 Laporte Ave Fort Collins 2:10:00 PM 45 215 N Mason 215 N Mason St Fort Collins 2:20:00 PM 46 Transfort 250 N Mason St Fort Collins 2:25:00 PM 47 281 N College 281 N College Ave Fort Collins 2:30:00 PM 48 Streets 626 Linden St Fort Collins 2:35:00 PM 49 Traffic 626 Linden St Fort Collins 2:40:00 PM 50 Discovery 115 N Mason St Fort Collins 2:45:00 PM 51 Customer Service 117 N Mason St Fort Collins 2:46:00 PM 52 City Of Fort Collins 200 W Mountain Fort Collins 2:48:00 PM 53 City Hall - West 300 Laporte Ave STE B Fort Collins 2:50:00 PM 54 281 N College 281 N College Ave Fort Collins 2:55:00 PM 55 Fleet Services 835 Wood St Fort Collins 3:00:00 PM 56 Utilities Service Center 700 Wood St Fort Collins 3:05:00 PM Generally, a 15-minute window is allowed either side of scheduled times due to traffic, weather, trains, etc. Outgoing mail should be ready earlier rather than later. RFP 8311 Mail Services Page 12 of 19 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 ( ) 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 "B", 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. 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. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. 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. 6. 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 RFP 8311 Mail Services Page 13 of 19 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. 7. 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. 8. 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. 9. 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. 10. 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 of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 11. 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 RFP 8311 Mail Services Page 14 of 19 written consent of the City. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. Indemnity/Insurance. RFP 8311 Mail Services Page 15 of 19 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. 18. 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. 19. 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. 20. 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. 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. RFP 8311 Mail Services Page 16 of 19 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. 21. 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 8311 Mail Services Page 17 of 19 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 8311 Mail Services Page 18 of 19 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 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 8311 Mail Services Page 19 of 19 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.