HomeMy WebLinkAboutRFP - 10129 Benefits ConsultantRFP 10129 Benefits Consulting Page 1 of 33
REQUEST FOR PROPOSAL
10129 BENEFITS CONSULTANT
RFP DUE: 3:00 PM MT (Mountain Time), July 2, 2025
The City of Fort Collins is requesting proposals from qualified Professionals to provide benefit
consulting services for employee benefit related programs, to assist in the compliance of Federal
and State Laws, and to provide subject matter expertise and analysis to the City supporting
competitive solicitations for engagement of future benefit providers.. Qualified Professionals will
have extensive experience in performing insurance analysis, working with benefit providers, and
assisting with plan recommendations for a self-insured City plan.
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals
not submitted by the designated Opening Date and Time will not be accepted by RMEPS.
All questions should be submitted, in writing via email, to Beth Diven, Buyer II at
bdiven@fcgov.com, no later than 3:00 PM MT on June 19, 2025. Please format your e-mail
to include: RFP 10129 Benefits Consultant 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):
918-40 Employee Benefits Consulting
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
Financial Services
Purchasing Division
nd Floor
970.221.6775
970.221.6707
fcgov.com/purchasing
RFP 10129 Benefits Consulting Page 2 of 33
The City requires its Professionals to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement
applies to all third-party Professionals and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of
the proposal, Professionals may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA
and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the
proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the
proposal are marked confidential, proprietary, or similar. Such statement does not necessarily
exempt such documentation from public disclosure if required by CORA, by order of a court of
appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets,
confidential commercial information and financial data information may not be disclosed by the
City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding
to this RFP, Professionals hereby waives any and all claims for damages against the City for the
City’s good faith compliance with CORA. All provisions and pricing of any contract resulting
from this request for proposal will be public information.
Professionals Registration: The City requires new Service Providers/ Professionals receiving
awards from the City to submit IRS form W-9 and requires all Service Providers/ Professionals to
accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct
Deposit Authorization Form can be found on the City’s Purchasing website at
www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these
documents with your proposal, however, if you take exception to participating in Direct Deposit
(Electronic) payments please clearly note such in your proposal as an exception. The City may
waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
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.
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The selected Professional shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
RFP 10129 Benefits Consulting Page 4 of 33
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins is requesting proposals from qualified Professionals to serve as a
strategic partner to the City for employee benefits related programs, compliance
assistance with applicable Federal and State Laws, and to provide subject matter
expertise and analysis to the City supporting competitive solicitations for engagement of
future benefit providers. The Professional will have extensive experience in performing
insurance strategic planning, implementation, actuarial valuations, analysis, working with
benefit providers, and providing assistance with plan recommendations for a self-insured
City plan.
B. Background
Eligible Employees
The City of Fort Collins (City) has approximately 2,152 benefit eligible employees.
Benefits are provided for all full and part-time unclassified management, classified,
contractual, and full time hourly employees in addition to legacied retirees. Domestic
partners are covered under medical, dental, and vision plans only. See Section VI for
Eligibility by Classification information.
Plan Year and Open Enrollment
Open enrollment is traditionally held in October with an effective date of January 1 to
coincide with the calendar year and the City’s fiscal year.
Current Benefit Plans
The benefit plans for which services are requested are listed below. Plans indicated by
an asterisk (*) are incorporated into a Section 125 flexible benefits plan. Additionally, the
medical plans are protected from claims over $250,000 through Specific Stop Loss
insurance.
a) Health Plans* (Self-Funded, Employee/Employer Shared Cost):
PPO Plan (Select Colorado Network): Administered by UMR. Contract will expire at
the end of 2026
High Deductible Health Plan (Choice Plus Network) Administered by UMR. Contract
will expire end of 2026
• UMR Covered Services: Medical, Rx, Transplant
Stop Loss: Administered by Symetra
b) Dental Plans* (Self-Funded, Employee/Employer Shared Cost):
1 Option: Comprehensive. Administered by Delta Dental
c) Vision Plan (Fully insured, Employee Paid):
1 Option. Administered by Vision Service Plan (VSP)
d) Term Life Insurance:
Mandatory 1x salary or $10,000, Employer Paid
Basic Life & AD&D: Administered by Reliance Matrix
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e) Supplemental Life and AD&D :
Employee: $10,000 - $1,000,000 (guarantee issue $300,000)
Spousal Coverage $5,000 - $250,000
Child(ren) Coverage $5,000 or $10,000
Administered by Reliance Matrix
f) Short-term Disability Advise-to-Pay, Employer Paid, Administered by Reliance Matrix)
g) Long-term Disability (Fully Insured, Employer Paid, Administered by Reliance Matrix)
h) Flexible Spending Accounts*: Health Care ($2,550 limit) and Dependent Care; ($5,000
limit); employee paid. Administered by Alerus
i) Employee Assistance Program (Employer Paid, Administered by MINES)
j) Family Medical Leave Act (Administered by Reliance Matrix)
Wellness Program
The City has a comprehensive wellness program which includes educational seminars,
exercise programs, healthy lifestyle incentive programs, health screenings, health
assessments, and wellness coaching. Health Rick Assessments (HRA’s) are conducted
through Marathon Health.
On-site Health and Wellness Center
The City currently contracts with Marathon Health to provide on-site health and wellness
services to employees and family members covered by the City’s health plan. Services
include primary care, acute care, strategic planning, health coaching, and lab services.
II. SCOPE OF PROPOSAL
A. Scope of Services
The Professional will serve as an effective and proactive partner to the City in performing
the full range of benefits consulting and advisory services related to the strategic planning,
design, implementation, maintenance, communication, and improvement of the City’s
employee benefits. These services include, but are not limited to the following:
1. Achieve the most cost-effective, yet service-focused access to insurance carriers and
benefits networks.
2. Represent the City in negotiations, as needed, with providers on a wide range of issues
including those related to fees, benefit levels, plan design, and special terms and
conditions.
3. Advise the City to ensure compliance with laws and regulations related to employee
benefits.
4. High-level customer service and day-to-day support, as needed, in claim
administration, escalation and re-adjudication of claims with the benefit administrator.
5. Review contracts with vendors to ensure accuracy and comprehensiveness of
coverage; provide guidance in contract interpretation as needed.
6. Assist the City with the implementation and communication of new programs/benefits
or changes to existing programs/benefits.
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7. Provide general guidance on trends in benefits offered and eligibility requirements.
8. Determine and recommend the most economical funding methods for the benefit
programs.
9. Provide modeling in order to establish annual premium rates, including COBRA and
retirees.
10. Provide annual reports outlining the contracted programs and their status, and a
market analysis report describing the market conditions for each benefit. This report
will outline suggestions and recommendations for the City’s strategy and will include
the following items:
a) Complete list of policies, carriers, renewal dates, and rates.
b) Evaluation of overall insurance programs compared to similar employers.
c) Forecast of market conditions and forecasted impact to policy renewals.
d) Income and expense for the prior year and a projection for the forthcoming year
including projected adequate reserve plan levels.
e) List of contract modifications and recommendations for each benefit.
f) Account history, by benefit, of claims and premiums.
g) Summary of activity on open, ongoing claims.
h) Review of future goals and long-term strategy.
11. Provide a high level of customer service to our organization to include evaluation of
claims data, submission of executive reports and reconciliation of accounts.
12. Provide monthly and quarterly management reports for all benefit products.
13. In collaboration with the City’s Purchasing Department, assist with bid/proposal
specifications and solicitation advertising for benefits related services.
14. Assist in revising and maintaining Plan Documents, including the preparation of
amendments as needed; review for accuracy and appropriateness.
15. Provide innovative approaches to benefit challenges facing the City and make
recommendations for benefit plan design changes.
16. Provide answers or guidance to any general or technical benefit questions.
17. Assist in the appropriate preparation of any government filing or compliance review.
18. Analyze and make recommendations based on utilization and performance reports,
statistical and financial reports, and plan specific data.
19. Assist the City in proactively monitoring and analyzing experience trends. Provide
timely alerts on changing patterns and suggest appropriate recommendations
20. Prepare and publish the City’s annual Benefits Guide and Benefit Highlights based on
employment classification.
B. Procurement of Services & Contracting Authority
As a governmental entity, the City has defined requirements governing the procurement
of goods and services set forth in the City’s Municipal Code, Chapter 8, Article IV –
Purchasing and Contracting (Purchasing Code). While some entities may exempt benefits
related services from competitive process, the City does not.
RFP 10129 Benefits Consulting Page 7 of 33
To ensure compliance with City Code, the City assigns a Buyer to support the Benefits
team with soliciting and contracting for various benefits services. Any service over $7,500
requires a competitive process overseen or directly facilitated by the Buyer. The
solicitation approach is further defined within Purchasing Code by estimated spend levels,
and the Buyer will guide the Benefits Team and the Professional through the appropriate
approach for the desired services. The Professional may not conduct any solicitation of
services without Buyer oversight.
Negotiations for new contracts are to be handled by the Buyer, who will leverage the
Professional’s expertise and those of the City Attorney to ensure the resulting document
is compliant and meets the City’s needs. Depending on the nature of the service being
procured, the City may use its own agreement form or that of the awarded service provider.
Any changes to an agreement on the City’s form must subsequently utilize a City
document created by the Buyer, such as agreement amendments and renewals.
Agreements on a service provider’s form will utilize the service provider’s forms approved
by the City for any changes or renewals.
The City Purchasing Director is the only legally authorized individual to sign contracts and
amendments on behalf of the City. All contract documents must go through the Buyer first,
as the Purchasing Director will not sign any contract that has not been approved by the
Buyer.
C. City Service Expectations
• Program Strategy and Ongoing Support. Professional will offer a consultative
approach with high-touch, personalized service and timely resolutions for both the
Benefits team and City employees, ensuring smooth day-to-day operations.
• Data Management and Analysis. Professional will be a thought partner that provides
depth of analysis, direction on decisions to-be-made based on facts and insights the
data reveals, and presents results prepared in a compelling and easy to digest
manner. Information provided will be unbiased and give the City options to consider,
and, as appropriate, provide principles to aide City decision making.(the why beneath
the why).
• Employee Health and Wellbeing. Professional will offer data-driven guidance on
population health and wellbeing, helping the City improve employee outcomes and
foster a healthier, more productive workforce.
• Cost Management through Underwriting and Actuarial Services. Professional
should possess and leverage expertise in underwriting and actuarial services to
ensure accurate risk assessments and the development of cost-effective plan designs.
The Professional will manage healthcare and prescription drug costs effectively,
offering tailored recommendations to suit the City’s needs.
• Regulatory Compliance. Professional should possess robust compliance expertise
to navigate the changing regulatory landscape. The Professional should proactively
ensure ongoing regulatory compliance and minimize associated risks.
• HR Technology Solutions. Professional would ideally offer guidance to simplify HR
technology complexities, streamline benefits administration, and enhance employee
self-service tools to improve efficiency and employee experience.
• Employee Communications and Engagement. Professional should understand the
diverse needs of today’s workforce and provide innovative strategies, resources, and
RFP 10129 Benefits Consulting Page 8 of 33
tools that build awareness, educate employees, and drive engagement with our
benefits programs.
D. Minimum Qualifications
1. A minimum of three (3) years prior experience with governmental entities as clients.
2. Must have similar benefits consulting experience as outlined in this RFP within the last
three (3) years with organizations with at least 1,000 employees.
3. Professional must be licensed in the State of Colorado.
4. Prior experience with self-funded health, wellness and dental plans.
5. Understanding of, and direct experience with, Northern Colorado demographic area
healthcare delivery concerns (e.g. single hospital, limited PPO arrangements,
consolidated specialty physicians, etc.).
6. Experience working with cafeteria-style benefit programs, including IRS Tax Code
Sections 125 and 129 flexible spending plan arrangements.
7. Experience in evaluating benefit program designs and in making recommendations for
program improvements and/or restructuring (e.g. HSA, HRA, onsite clinic experience,
etc.).
8. Proposals shall be accepted on a fee-only basis. The City of Fort Collins will not
consider a commission-based proposal.
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: June 11, 2025
• Question deadline: 3:00 PM MT on June 19, 2025
• Final Addendum Issued: June 25, 2025
• Proposal due date: 3:00 PM MT on July 2, 2025
• Interviews (tentative): End of July 2025
• Award of Contract (tentative): August 2025
• Contract Start Date: January 1, 2026
F. Interviews
In addition to submitting a written proposal, the top-rated Professionals 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.
Instead of traditional in-person interviews for the optional interview session, the City may
opt to use alternate methods including but not limited to remote interviews through a
platform such as Microsoft Teams or Zoom.
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G. Subcontractors/Subconsultants
Professional will be responsible for identifying any subcontractors and/or subconsultants
in their proposal. Please note that the City will contract solely with the awarded
Professional; therefore, subcontractors and/or subconsultants will be the responsibility of
the Professional.
H. 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 Professional each month
following the submittal of a correct invoice by the Professional indicating at a minimum the
project name and Purchase Order number.
Payments will be made using the prices stated in the Agreement. In the event a service
is requested which is not stated in the Agreement, the Professional and the City will
negotiate an appropriate unit price for the service prior to the Professional initiating such
work.
The City pays invoices on Net 30 terms.
III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages
(excluding cover pages, table of contents, dividers and Acknowledgement 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 and may be used for detailed
pricing. Links to other files or websites shall not be permitted. Proposals that do not conform
to these requirements may be rejected.
Professionals 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
Professionals 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
Professionals include each of the City’s questions with their response.
The City of Fort Collins shall not reimburse any Professional 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 on the proposed timeline stated in
the Schedule section.
B. Professional Information
1. Describe the Professional’s business and background
2. Number of years in the business
3. Details about ownership
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4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
C. Scope of Proposal
1. Describe any challenges you foresee, if any, in your ability to perform the services
described in the RFP.
2. Describe your firm’s services offered for plan design modeling as it relates to wellness
incentives and creating a holistic approach to the City’s Total Rewards Strategy.
3. Describe any services provided by your firm for the purposes of employee and
management communication and employee and management training.
4. One area of interest for the City is improving its management reporting and analysis
of the self-funded healthcare plan. Provide a description of how your firm assists
clients in this area, along with a sample report you would offer the City as part of this
contract.
5. Submit a sample of annual and periodic reports you provide similar clients.
6. Describe any customized or ad hoc reporting capabilities including benefit utilization
dashboards.
7. Briefly describe your methodology and resources utilized for benchmarking.
8. Explain how you will ensure that performance standards for the City’s benefit related
vendors are negotiated and met.
9. What is your firm’s experience in dealing with Northern Colorado demographic area
healthcare issues? (e.g. single hospital, consolidated specialty physicians, etc.)
10. Do you have any commission based relationships with 3rd party benefits providers? If
so, please describe.
11. Describe your experience in competitive solicitations and negotiating for services of
third party administrators, stop loss and other types of insurance? Specifically, how
have you collaborated with other government clients to ensure that the process was
compliant with the agency’s purchasing code?
12. Beyond the stated Scope of Services specified in this RFP, what additional services
would you recommend to the City? What would be the estimated cost of those
additional services?
D. Regulatory Compliance
1. Explain what steps you have taken to become HIPAA compliant and what is your
experience in offering HIPAA training to clients?
2. Explain how your firm stays current with changes in federal and state laws and how
this information will be communicated to the City. Describe your firm’s practice for
communicating and ensuring compliance in these federal and state laws, including but
not limited to, HIPAA, PPACA, COBRA, and other federal and state compliance areas.
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3. Describe any audit services that you provide for claim audits or dependent eligibility
audits.
4. What is your experience in developing/evaluating/maintaining plans pursuant to IRS
Tax Code Sections 125 and 129?
E. Firm Capability
Provide relevant information regarding previous experience related to this or similar
projects, to include the following:
1. Provide an Organization Chart/Proposed Project Team: An organization chart
containing the names of all key personnel and subconsultants with titles and their
specific task assignment for this Agreement shall be provided in this section.
2. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the services described above.
3. Describe, if applicable, any pending litigation against your firm.
4. References. Provide a minimum of three similar projects, preferably with public
agencies, in the last 5 years that have involved the staff and
subcontractors/subconsultants proposed to work on this project. Include the
organization name, contact name, email and phone number, subconsultants on the
team and a brief description of the work. The Professional authorizes the City to verify
any and all information contained herein and hereby releases all those concerned
providing information as a reference from any liability in connection with any
information provided.
5. Provide any information that distinguishes Professional from its competition and any
additional information applicable to this RFP that might be valuable in assessing
Professional’s proposal.
F. Assigned Personnel
1. Provide information on the principal consultant who would be responsible for the City's
account. What is their professional background and experience? Specifically include
this consultant’s experience dealing with public employers. Describe the team that
would assist the principal consultant and the client.
2. If the principal consultant were to leave your firm, how would your firm ensure
continuity of service? How soon would a new principal consultant be assigned to the
City’s account?
3. What is the principal consultant's experience with self-funded benefit plans;
specifically, medical, dental, wellness and on-site clinics?
4. How many clients does the principal consultant provide services to? List the five (5)
largest clients in which the principal consultant is involved in on an ongoing basis and
which the firm can provide as a reference. Provide name of client, contact name,
address, telephone number and number of employees.
5. Do you have an in-house benefits attorney? If yes, please provide his/her credentials
and the number of years he/she has provided counsel on benefit issues. If not, do you
use an external benefits attorney? If so, which firm do you use?
6. Tell us the location of the office(s) from which consulting services would be provided.
What is the employee turnover rate among consultants and staff personnel of this
RFP 10129 Benefits Consulting Page 12 of 33
office during the past three (3) years? If not located in the Northern Colorado area,
how do you envision the relationship developing and taking place on an on-going
basis?
G. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
1. Address how your firm strives to incorporate all three aspects (social,
environmental, and economic) of Triple Bottom Line (TBL) sustainable practices
into the workplace. Provide examples along with any metrics used to measure
success within your firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the
prime Professional.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
workplace, including leadership, and supply chain. Examples of this may be
demonstration of working within cultural and language gaps, development of
diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
H. Cost and Work Hours
1. In your response to this Request for Proposals, please provide an all-inclusive yearly
fee for services. State the maximum annual consulting cost for the proposed services
for each of the anticipated calendar contract years noted below:
• Initial term January 2026-December 2026
• Renewal Term 1 January 2027-December 2027
• Renewal Term 2 January 2028-December 2028
• Renewal Term 3 January 2029-December 2029
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• Renewal Term 4 January 2030-December 2030
2. The City recognizes that at times various projects and services may develop that are
not part of the proposed Scope of Services. State the current hourly billing rates for
each level of employee that may be involved in conducting additional services. This
fee schedule will be firm for at least one (1) year from the date of the Agreement.
I. Sample Agreement
Included with this request for proposals is a sample Agreement that the City intends to
use for obtaining the services of the Professional. The Professional is required to review
this Agreement and indicate any objections to the terms of the contract. If revisions to the
contractual terms are requested, provide suggested revisions.
J. Acknowledgement
The Acknowledgement form is attached as Section V. Complete the attached form
indicating the Professional hereby acknowledges receipt of the City of Fort Collins
Request for Proposal and acknowledges that the Professional has read and agrees to be
fully bound by all of the terms, conditions and other provisions set forth in the RFP.
IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Professionals will be evaluated on the following criteria. This set of criteria will be the
basis for review and assessment of the written proposals and optional interview session.
At the discretion of the City, interviews of the top-rated Professionals may be conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements,
a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds
minimum requirements in that category.
WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
3.0 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 Firm Capability &
Assigned Personnel
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete the project?
Has the firm successfully completed previous
projects of this type and scope?
3.0 Assigned Personnel
Do the persons who will be working on the
project have the necessary skills and
qualifications? Are sufficient people of the
requisite skills and qualifications assigned to the
project?
RFP 10129 Benefits Consulting Page 14 of 33
WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
1.0 Regulatory
Compliance
Does the firm demonstrate HIPAA compliance
and the ability to offer HIPAA training to clients?
changes in federal and state laws
firm offer
dependent eligibility audits? Does the firm have
IRS Tax Code Section 125 and 129 plans?
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?
Does the firm demonstrate a commitment to all
three aspects (social, environmental, and
economic) of the Triple Bottom Line (TBL)
methodology of sustainability for this project and
in their company value system as evidenced by
their day-to-day business operating processes,
practices and procedures?
2.0 Cost
Does the proposal include the requested pricing
components? Is the proposed fee and hourly
rates in line with historical rates and current
market conditions?
RFP 10129 Benefits Consulting Page 15 of 33
V. ACKNOWLEDGEMENT
This form may not be redlined and must be submitted with your proposal. Failure to adhere
to these requirements may result in your proposal being rejected.
Professional 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 10129 Benefits Consultant and sample Agreement except
as otherwise noted. Additionally, Professional 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
Professional’s knowledge and belief.
b. Professional commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Professional further agrees that the method of award is acceptable.
e. Professional also agrees to complete the proposed Agreement with the City of Fort Collins
within 10 days of notice of award. If contract is not completed and signed within 10 days,
City reserves the right to cancel and award to the next highest rated firm.
f. Professional acknowledges receipt of addenda.
g. Professional acknowledges no conflict of interest.
h. Professional acknowledges that 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. Professionals may submit one (1) additional complete proposal clearly
marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may
redact text and/or data that it deems confidential or proprietary pursuant to CORA. All
pricing will be considered public records subject to disclosure under CORA and as such
pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal.
Failure to provide a public viewing copy will be considered a waiver of any claim of
confidentiality under CORA without regard to how the applicant’s proposal or certain
pages of the proposal are marked confidential, proprietary, or similar. Such statement
does not necessarily exempt such documentation from public disclosure if required by
CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally,
under CORA, trade secrets, confidential commercial information and financial data
information may not be disclosed by the City. Proposals may not be marked “Confidential”
or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives
any and all claims for damages against the City for the City’s good faith compliance with
CORA. All provisions and pricing of any contract resulting from this request for
proposal will be public information.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
RFP 10129 Benefits Consulting Page 16 of 33
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
RFP 10129 Benefits Consulting Page 17 of 33
VI. ATTACHMENT 1 - CITY OF FORT COLLINS ELIGIBILITY BY CLASSIFICATION
Classified and Unclassified Management:
• Medical
• Dental
• Vision
• Flexible Spending Accounts
• Life Insurance
• Short Term Disability
• Long Term Disability
• Employee Assistance Program
Contractual:
• Medical
• Dental
• Vision
• Flexible Spending Accounts
• Life Insurance
• Employee Assistance Program
Hourly: Employee must average a minimum of 30 hours/week for a year
• Medical Only
Retirees (pre- and post- 65): closed plans
• Medical – 5 enrolled
• Dental – 15 enrolled
• Vision – 12 enrolled
Covered Entities
City of Fort Collins – (includes Police and Utility Services)
Poudre Fire Authority (PFA)
Poudre River Public Library District
Metropolitan Planning Organization
Downtown Development Authority (DDA)
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VII. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (AGREEMENT) made and entered
into the day and year set forth in the Agreement Period section below by and between the CITY
OF FORT COLLINS, COLORADO, a Colorado Municipal Corporation (CITY) and , a(n)
[enter state] [business type] (PROFESSIONAL).
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 Service. The PROFESSIONAL agrees to provide Services in accordance with the
Scope of Services (Services) attached as Exhibit A, consisting of [# of Pages] and
incorporated herein. Irrespective of references in to named third parties in this
AGREEMENT and its Exhibits, the PROFESSIONAL shall be solely responsible for
performance of all duties hereunder.
2. Changes. The CITY may, at any time during the term of the AGREEMENT, make changes
to the AGREEMENT. Such changes shall be agreed upon in writing by the parties.
3. Agreement Period. AGREEMENT shall commence , 20 (the Effective Date)
and shall continue in full force and effect until , 20 , unless sooner terminated
as herein provided. In addition, at the option of the CITY, the AGREEMENT may be
extended for additional one-year periods not to exceed [choose one] additional one-year
period(s). Renewals and pricing changes shall be negotiated by and agreed to by both
parties only at the time of renewal. Written notice of renewal shall be provided to the
PROFESSIONAL no later than thirty (30) days prior to AGREEMENT end.
4. Early Termination by CITY. Notwithstanding the time periods contained herein, the CITY
may terminate this AGREEMENT at any time without cause or penalty by providing at least
ten (10) calendar days written notice of termination to the PROFESSIONAL.
In the event of early termination by the CITY, the PROFESSIONAL shall be paid for Services
rendered up to the date of termination, subject to the satisfactory performance of the
PROFESSIONAL's obligations under this AGREEMENT. PROFESSIONAL shall submit a
final invoice within ten (10) calendar days of the effective date of termination. Payment shall
be the PROFESSIONAL's sole right and remedy for termination.
5. Notices. All notices provided under this AGREEMENT shall be effective immediately when
emailed or three (3) business days from the date of the notice when mailed to the following
addresses:
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PROFESSIONAL: CITY: Copy to:
Attn:
PO Box 580
Fort Collins, CO 80522
Email Address
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
All notices under this AGREEMENT shall be written.
6. Compensation. In consideration of the Services to be performed pursuant to this
AGREEMENT, the CITY agrees to pay the PROFESSIONAL [on a time and reimbursable
direct cost basis] [a fixed fee in the amount of ???? ($????)] [a fixed fee in the amount of
???? ($????) plus reimbursable direct costs. All such fees and costs shall not exceed ????
($????)] in accordance with Exhibit B, consisting of [# of Pages], attached and incorporated
herein. Monthly partial payments based upon the PROFESSIONAL's billings and itemized
statements are permissible. The amounts of all such partial payments shall be based upon
the PROFESSIONAL's CITY-verified progress in completing the Services to be performed
pursuant hereto and upon the CITY's approval of the PROFESSIONAL's actual
reimbursable expenses. Final payment shall be made following acceptance of the Services
by the CITY.
Invoices shall be emailed to invoices@fcgov.com with a copy to the CITY Project Manager.
The cost of the work completed shall be paid to the PROFESSIONAL following the submittal
of a correct itemized invoice by the PROFESSIONAL. The CITY is exempt from sales and
use tax. The CITY’s Certificate of Exemption license number is 09804502. A copy of the
license is available upon written request.
The CITY pays undisputed invoices on Net 30 days from the date of the invoice submittal to
the CITY or, for disputed invoices, Net 30 days from the date of CITY Project Manager’s
approval.
7. Design and Service Standards. The PROFESSIONAL warrants and shall be responsible for
the professional quality, technical accuracy, accessibility requirements under ADA and
Public Accommodations and Technology Accessibility sections below, timely completion
and the coordination of all Services rendered by the PROFESSIONAL, and the Project
Instruments as defined in the Project Instruments and License section below. The
PROFESSIONAL shall, without additional compensation, promptly remedy and correct any
errors, omissions, or other deficiencies from such standards.
8. Indemnification. The PROFESSIONAL shall indemnify, defend, and hold harmless the CITY
and its officers and employees, to the maximum extent permitted under Colorado law,
against and from any and all actions, suits, claims, demands, or liability of any character
whatsoever claimed by the PROFESSIONAL or third parties against the CITY arising out of
or related to this AGREEMENT (including but not limited to contract, tort, intellectual
property, accessibility, or otherwise). This obligation extends to reimbursement of the
CITY's defense costs and reasonable attorney’s fees.
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9. Insurance. The PROFESSIONAL shall maintain insurance in accordance with Exhibit C,
consisting of one (1) page, attached and incorporated herein.
10. Appropriation. To the extent this AGREEMENT or any provision in it. requires payment of
any nature in fiscal years subsequent to the current fiscal year and constitutes a multiple
fiscal year debt or financial obligation of the CITY, it shall be subject to annual appropriation
by Fort Collins City Council as required in Article V, Section 8(b) of the City Charter, City
Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The CITY shall
have no obligation to continue this AGREEMENT in any fiscal year for which there are no
pledged cash reserves or supporting appropriations pledged irrevocably for purposes of
payment obligations herein. Non-appropriation by the CITY shall not be construed as a
breach of this AGREEMENT.
11. Project Instruments and License.
a. Upon execution of this AGREEMENT, the PROFESSIONAL grants to the CITY an
irrevocable, unlimited and royalty free license to use any and all sketches, drawings, as-
builts, specifications, designs, blueprints, data files, calculations, studies, analysis,
renderings, models, plans, reports, and other deliverables (Project Instruments), in any
form whatsoever and in any medium expressed, for purposes of constructing, using,
maintaining, altering and adding to the project, provided that the CITY substantially
performs its obligations under the AGREEMENT. The license granted hereunder
permits the CITY and third parties reasonably authorized by the CITY to reproduce
applicable portions of the Project Instruments for use in performing the Services or
construction for the project. In addition, the license granted hereunder shall permit the
CITY and third parties reasonably authorized by the CITY to reproduce and use the
Project Instruments for similar projects, provided however, in such event the
PROFESSIONAL shall not be held responsible for the design to the extent the CITY
deviates from the Project Instruments. This license shall survive termination of the
AGREEMENT by default or otherwise.
b. Upon payment of each invoice, associated Project Instruments rendered by the
PROFESSIONAL shall become the CITY’s property. The PROFESSIONAL shall
provide the CITY with the Project Instruments in electronic format in a mutually agreed
upon file type.
12. City Project Manager. The CITY will designate, before commencement of the Services, the
CITY Project Manager who shall make, within the scope of their authority, all necessary and
proper decisions with reference to the Services provided under this AGREEMENT. All
requests for contract interpretations, change order, and other clarification or instruction shall
be directed to the CITY Project Manager.
The initial CITY Project Manager for this AGREEMENT is [Enter Name] and can be
reached at [Enter Email] or [Enter Phone]. The CITY Project Manager is subject to change
by the CITY.
13. Project Status Report. Project status reports may be required by Exhibit A – Scope of
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Services and shall be submitted to the CITY Project Manager. Failure to provide any
required status report may result in the suspension of the processing of any invoice.
14. Independent Contractor. The Services to be performed by the PROFESSIONAL are those
of an independent contractor and not of an employee of the CITY. The CITY shall not be
responsible for withholding or remitting any portion of the PROFESSIONAL's compensation
hereunder or any other amounts on behalf of PROFESSIONAL for the payment of FICA,
Workers' Compensation, unemployment insurance, other taxes or benefits or for any other
purpose.
15. Personal Services. It is understood that the CITY enters into this AGREEMENT based on
the special abilities of the PROFESSIONAL and that this AGREEMENT shall be considered
as an AGREEMENT for personal services. Accordingly, the PROFESSIONAL shall neither
assign any responsibilities nor delegate any duties arising under this AGREEMENT without
the prior written consent of the CITY.
16. Subcontractors/Subconsultants. The PROFESSIONAL may not subcontract any of the
Services without the prior written consent of the CITY, which shall not be unreasonably
withheld. If any of the Services 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 PROFESSIONAL.
The PROFESSIONAL shall require all subcontractor/subconsultants performing Services
hereunder to maintain insurance coverage naming the CITY as an additional insured
under this AGREEMENT and Exhibit C, consisting of one (1) page, attached and
incorporated herein. The PROFESSIONAL shall maintain a copy of each
subcontractor’s/subconsultant’s certificate evidencing the required insurance. Upon
request, the PROFESSIONAL shall promptly provide the CITY with a copy of the
certificate(s).
The PROFESSIONAL shall be responsible for any liability directly or indirectly arising out of
the Services performed under this AGREEMENT by a subcontractor/subconsultant, which
liability is not covered by the subcontractor/subconsultant's insurance.
17. Acceptance Not Waiver. The CITY's approval of Project Instruments furnished hereunder
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shall not in any way relieve the PROFESSIONAL of responsibility for the quality or technical
accuracy of the Services. 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.
18. 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 to or refuse to perform according
to the terms of this AGREEMENT, that party may be declared in default upon notice.
19. Remedies. In the event a party has been declared in default, that defaulting party shall be
allowed a period of ten (10) calendar days from the date of notice 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 themselves of any other remedy at law or equity.
In the event of a dispute between the parties regarding this AGREEMENT, each party shall
bear its own attorney fees and costs, except as provided for in the Indemnification and
Technology Accessibility sections.
20. Entire Agreement; Binding Effect; Authority to Execute. This AGREEMENT, along with all
Exhibits and other documents incorporated herein, shall constitute the entire AGREEMENT
of the parties regarding this transaction and the matter recited herein. This AGREEMENT
supersedes any prior agreements, promises, or understandings as to the matter recited
herein. The AGREEMENT shall be binding upon the 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. Covenants or representations
regarding the matter recited herein, not contained in this AGREEMENT shall not be binding
on the parties. In the event of a conflict between terms of the AGREEMENT and any exhibit
or attachment, the terms of the AGREEMENT shall prevail. Each person executing this
AGREEMENT affirms that they have the necessary authority to sign on behalf of their
respective party and to bind that party to the terms of this AGREEMENT.
21. Law/Severability. The laws of the State of Colorado and the City of Fort Collins Charter and
Municipal Code shall govern the construction, interpretation, execution and enforcement of
this AGREEMENT—without regard to choice of law or conflict of law principles. The Parties
further agree that Larimer County District Court is the proper venue for all disputes. If the
CITY subsequently agrees in writing that the matter may be heard in federal court, venue
will be District Court for the District of Colorado. In the event any provision of this
AGREEMENT shall be held invalid or unenforceable by any court of competent jurisdiction,
that holding shall not invalidate or render unenforceable any other provision of this
AGREEMENT.
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22. Use by Other Agencies. The CITY reserves the right to allow other state and local
governmental agencies, political subdivisions, and/or school districts (collectively Agency)
to use the CITY’s award determination to the PROFESSIONAL. Use by any other Agency
shall not have a negative impact on the CITY in the current term or in any future terms.
Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for
the CITY in connection with the exercise of any rights hereunder, and neither party shall
have any right or authority to assume or create any obligation or responsibility on behalf of
the other. The other Agency shall be solely responsible for any debts, liabilities, damages,
claims or expenses incurred in connection with any agreement established solely between
the Agency and the PROFESSIONAL. The CITY’s concurrence hereunder is subject to the
PROFESSIONAL’s commitment that this authorization shall not have a negative impact on
the Services to be completed for the CITY.
23. Prohibition Against Unlawful Discrimination. The PROFESSIONAL acknowledges that the
CITY, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
252, 42 US.C. §§ 2000d to 2000d-4); C.R.S. § 24-34-401, and any associated State or
Federal laws and regulations, strictly prohibits unlawful discrimination based on an
individual’s gender (regardless of gender identity or gender expression), race, color, religion,
creed, national origin, ancestry, age forty (40) years or older, marital status, disability, sexual
orientation, genetic information, or other characteristics protected by law. Pursuant to CITY
policy, sexual orientation means a person’s actual or perceived orientation toward
heterosexuality, homosexuality, and bisexuality. The CITY also strictly prohibits unlawful
harassment in the workplace, including sexual harassment. Further, the CITY strictly
prohibits unlawful retaliation against a person who engages in protected activity. Protected
activity includes an employee complaining that the employee has been discriminated
against in violation of the above policy or participating in an employment discrimination
proceeding.
The PROFESSIONAL shall comply with the CITY’s policy for equal employment opportunity
and prohibit unlawful discrimination, harassment and retaliation. This requirement also
applies to all third-party subcontractors/subconsultants at every tier.
24. ADA and Public Accommodations. In performing the Services required hereunder, the
PROFESSIONAL agrees to meet all requirements of the Americans with Disabilities Act of
1990, C.R.S. § 24-85-101, and all applicable rules and regulations (ADA), and all
applicable Colorado public accommodation laws, which are imposed directly on the
PROFESSIONAL or which would be imposed on the CITY as a public entity.
25. Technology Accessibility. The PROFESSIONAL represents that the Project Instruments
hereunder, shall fully comply with all applicable provisions of C.R.S. § 24-85-101, and the
Accessibility Standards for Individuals with a Disability, as established by the State of
Colorado Governor’s Office of Information Technology (OIT) pursuant to C.R.S. § 24-85-103
(2.5), including all updates and amendments to those standards as provided by the OIT.
The PROFESSIONAL shall also comply with all State of Colorado technology standards
related to technology accessibility and with Level AA of the most current version of the Web
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Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology
standards.
To confirm that the Project Instruments meet these standards, the PROFESSIONAL may
be required to demonstrate compliance. The PROFESSIONAL shall indemnify, save, and
hold harmless the CITY against any and all costs, expenses, claims, damages, liability, court
awards and other amounts (including attorneys’ fees and related costs) incurred by the CITY
in relation to the PROFESSIONAL’s failure to comply with C.R.S. § 24-85-101, or the
Accessibility Standards for Individuals with a Disability as established by OIT pursuant to
C.R.S. § 24-85-103 (2.5).
The CITY may require the PROFESSIONAL’s compliance to the State’s Accessibility
Standards to be determined by a third party selected by the CITY to attest to the Project
Instruments and software compliance with C.R.S. § 24-85-101, and the Accessibility
Standards for Individuals with a Disability as established by OIT pursuant to C.R.S. §
24-85-103 (2.5).
26. Data Privacy. PROFESSIONAL will comply with all applicable data privacy regulations and
laws, specifically including Colorado’s Privacy Act, C.R.S § 6-1-1301 (the Privacy Act).
PROFESSIONAL shall ensure that each person processing any personal data connected
to the Services is subject to a duty of confidentiality with respect to the data. If applicable,
PROFESSIONAL shall require that any subcontractors meet the obligations of
PROFESSIONAL with respect to any personal data connected to this AGREEMENT. The
Parties agree that upon termination of the Services that PROFESSIONAL shall, at the
CITY’s choice, delete or return all personal data to the CITY unless retention of the personal
data is required by law. PROFESSIONAL shall make available to the CITY all information
necessary to demonstrate compliance with the obligations of the Privacy Act.
PROFESSIONAL shall allow for, and contribute to, reasonable audits and inspections by
the CITY or the CITY’s designated auditor.
27. Governmental Immunity Act. No term or condition of this AGREEMENT shall be construed
or interpreted as a waiver, express or implied, of any of the notices, requirements,
immunities, rights, benefits, protections, limitations of liability, and other provisions of the
Colorado Governmental Immunity Act, C.R.S. § 24-10-101, and under any other applicable
law.
28. Colorado Open Records Act. The PROFESSIONAL acknowledges the CITY is a
governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-200
(CORA), and documents in the CITY’s possession may be considered public records
subject to disclosure under the CORA.
29. Delay. Time is of the essence. Subject to Force Majeure, if the PROFESSIONAL is
temporarily delayed in whole or in part from performing its obligations, then the
PROFESSIONAL shall provide written notice to the CITY within two (2) business days
defining the nature of the delay. Provision of written notice under this Section shall not
operate as a waiver of any rights or benefits provided to the CITY under this AGREEMENT.
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30. Force Majeure. No party hereto shall be considered in default in the performance of an
obligation hereunder to the extent that performance of such obligation is delayed, hindered,
or prevented by force majeure. Force majeure shall be any cause beyond the control of the
party that could not reasonably have been foreseen and guarded against. Force majeure
includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference
by civil or military authorities, compliance with regulations or orders of military authorities,
and acts of war (declared or undeclared), provided the cause could not have been
reasonably foreseen and guarded against by the affected party. Force majeure shall not
include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or
compliance with regulations or orders of civil authorities. To the extent that the performance
is actually prevented, the PROFESSIONAL must provide notice to the CITY of such
condition within ten (10) calendar days from the onset of the condition.
31. Special Provisions. Special provisions or conditions relating to the Services to be performed
pursuant to this AGREEMENT are set forth in Exhibit D - Confidentiality, consisting of four
(4) pages incorporated herein.
32. Order of Precedence. In the event of a conflict or inconsistency within this AGREEMENT,
the conflict or inconsistency shall be resolved by giving preference to the documents in the
following order of priority:
a. The body of this AGREEMENT (and any written amendment),
b. Exhibits to this AGREEMENT, and
c. The Purchase Order document.
33. Prohibited Terms. Nothing in any Exhibit or other attachment shall be construed as a waiver
of any provision above. Any terms included in any Exhibit or other attachment that requires
the CITY to indemnify or hold PROFESSIONAL harmless; requires the CITY to agree to
binding arbitration; limits PROFESSIONAL’s liability; or that conflicts with statute, City
Charter or City Code in any way, shall be void.
[Signature Page Follows]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
PROFESSIONAL'S NAME
By:
Printed:
Title:
Date:
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EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT B
BID SCHEDULE/COMPENSATION
The following pricing shall remain fixed for the initial term of this AGREEMENT. Any applicable
price adjustments may only be negotiated and agreed to in writing at the time of renewal.
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EXHIBIT C
INSURANCE REQUIREMENTS
The PROFESSIONAL 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 PROFESSIONAL shall furnish the CITY with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies.
In case of the breach of any provision of the Insurance Requirements, the CITY, at its option, may
take out and maintain, at the expense of the PROFESSIONAL, insurance as the CITY may deem
proper and may deduct the cost of the insurance from any monies which may be due or become
due the PROFESSIONAL under this AGREEMENT.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The CITY, its officers, agents and employees shall be named as additional insureds on the
PROFESSIONAL 's general liability and automobile liability insurance policies by marking
the appropriate box or adding a statement to this effect on the certificate, for any claims
arising out of work performed under this AGREEMENT.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The PROFESSIONAL shall maintain
Worker’s Compensation and Employer’s Liability insurance during the life of this
AGREEMENT for all of the PROFESSIONAL's employees engaged in work performed
under this AGREEMENT. Workers' Compensation & Employer’s Liability insurance shall
conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and
$100,000 disease each employee, or as required by Colorado law.
B. General Liability. The PROFESSIONAL shall maintain during the life of this AGREEMENT
General 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
General Liability shall not be less than $1,000,000 combined single limits for bodily injury
and property damage.
C. Automobile Liability. The PROFESSIONAL shall maintain during the life of this
AGREEMENT 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 Automobile Liability shall not be less than $1,000,000 combined
single limits for bodily injury and property damage.
D. Errors and Omissions. The PROFESSIONAL shall maintain errors and omissions
insurance in the amount of $1,000,000.
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EXHIBIT D
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by PROFESSIONAL under this
AGREEMENT, the parties agree to comply with reasonable policies and procedures with regard
to the exchange and handling of confidential information and other sensitive materials between
the parties, as set forth below.
1. Definitions.
For purposes of this AGREEMENT, the party who owns the referenced information and is
disclosing same shall be referenced as the “Disclosing Party.” The party receiving the
Disclosing Party’s information shall be referenced as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this AGREEMENT refers to information that is not public
and/or is proprietary, including but not limited to location information, network security system,
business plans, formulae, processes, intellectual property, trade secrets, designs,
photographs, plans, drawings, schematics, methods, specifications, samples, reports,
mechanical and electronic design drawings, customer lists, financial information, studies,
findings, inventions, ideas, CITY customer identifiable information (including account,
address, billing, consumption, contact, and other customer data), utility metering data, service
billing records, customer equipment information.
To the extent practical, Confidential Information shall be marked “Confidential” or
“Proprietary.” Nevertheless, PROFESSIONAL shall treat as Confidential Information all
customer identifiable information in any form, whether or not bearing a mark of confidentiality
or otherwise requested by the CITY, including but not limited to the non-exclusive list of
Confidential Information above. In the case of disclosure in non-documentary form of non-
customer identifiable information, made orally or by visual inspection, the Disclosing Party
shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing
the fact and general nature of each disclosure within a reasonable time after it is made in
order that it is treated as Confidential Information. Any information disclosed to the other party
before the execution of this AGREEMENT and related to the services for which
PROFESSIONAL has been engaged shall be considered in the same manner and be subject
to the same treatment as the information disclosed after the execution of this AGREEMENT
with regard to protecting it as Confidential Information.
3. Use of Confidential Information.
Receiving Party hereby agrees that it shall use the Confidential Information solely for the
purpose of performing its obligations under this AGREEMENT and not in any way detrimental
to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party
uses with respect to its own proprietary or confidential information, which in any event shall
result in a reasonable standard of care to prevent unauthorized use or disclosure of the
Confidential Information. Except as otherwise provided herein, Receiving Party shall keep
confidential and not disclose the Confidential Information. The CITY and PROFESSIONAL
shall cause each of their directors, officers, employees, agents, representatives, and
subcontractors to become familiar with, and abide by, the terms of this Exhibit, which shall
survive this AGREEMENT as an on-going obligation of the Parties.
PROFESSIONAL shall not use such information to obtain any economic or other benefit for
itself, or any third party, other than in the performance of obligations under this AGREEMENT.
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4. Exclusions from Definition.
The term “Confidential Information” as used herein does not include any data or information
which is already known to the Receiving Party or which before being divulged by the
Disclosing Party: (a) was generally known to the public through no wrongful act of the
Receiving Party; (b) has been rightfully received by the Receiving Party from a third party
without restriction on disclosure and without, to the knowledge of the Receiving Party, a
breach of an obligation of confidentiality; (c) has been approved for release by a written
authorization by the other party hereto; or (d) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law, subject to Paragraph 5 below.
5. Required Disclosure.
Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (by
interrogatories, requests for information or documents, subpoena, civil investigative demand
or similar process, or by federal, state, or local law, including without limitation, the Colorado
Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving
Party will provide the Disclosing Party with immediate notice of such request, so the Disclosing
Party may seek an appropriate protective order before disclosure or waive the Receiving
Party’s compliance with this Exhibit.
The Receiving Party shall furnish a copy of this Exhibit with any disclosure.
Notwithstanding this Paragraph 5, Receiving Party shall not disclose Confidential Information
to any person, directly or indirectly, nor use it in any way, except as required by law or
authorized in writing by Disclosing Party.
6. Red Flags Rules.
If applicable, PROFESSIONAL must implement reasonable policies and procedures to detect,
prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags
Rules found at 16 Code of Federal Regulations part 681. Further, PROFESSIONAL must
take appropriate steps to mitigate identity theft if it occurs with any of the CITY’s covered
information and must notify the CITY in writing within twenty-four (24) hours of discovery of
any breaches of security or Red Flags to the CITY.
7. Data Protection and Data Security.
PROFESSIONAL shall have in place information security safeguards designed to conform to
or exceed industry best practices regarding the protection of the confidentiality, integrity and
availability of Confidential Information and shall have written agreements requiring any
subcontractor to meet those standards. These information security safeguards (the
“Information Security Program”) shall be materially consistent with, or more stringent than, the
safeguards described in this Exhibit.
(a) PROFESSIONAL’s information security safeguards shall address the following elements:
• Data Storage, Backups and Disposal
• Logical Access Control (e.g., Role-Based)
• Information Classification and Handling
• Secure Data Transfer (SFTP and Data Transfer Specification)
• Secure Web Communications
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• Network and Security Monitoring
• Application Development Security
• Application Security Controls and Procedures (User Authentication, Security
Controls, and Security Procedures, Policies and Logging)
• Incident Response
• Vulnerability Assessments
• Hosted Services
• Personnel Security
(b) Subcontractors. PROFESSIONAL may use subcontractors, though such activity shall not
release or absolve PROFESSIONAL from the obligation to satisfy all conditions of this
AGREEMENT, including the data security measures described in this Exhibit, and to
require a substantially similar level of data security, appropriate to the types of services
provided and Confidential Information received, for any subcontractor PROFESSIONAL
may use. Accordingly, any release of data, confidential information, or failure to protect
information under this AGREEMENT by a subcontractor or affiliated party shall be
attributed to PROFESSIONAL and may be considered to be a material breach of this
AGREEMENT.
8. Information Storage. Confidential Information is not to be stored on any local workstation,
laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable
devices unless the PROFESSIONAL can ensure security for the Confidential Information so
stored. Workstations or laptops to be used in the Services will be required to have personal
firewalls on each, as well as have current, active anti-virus definitions.
9. Continuing Obligation. The agreement not to disclose Confidential Information as set forth in
this Exhibit shall apply during the term of the Services and or AGREEMENT and at any time
thereafter unless specifically authorized by the CITY in writing.
10. Termination Remedy. If PROFESSIONAL breaches any of the terms of this Exhibit, in the
CITY’s sole discretion, the CITY may immediately terminate this AGREEMENT and withdraw
PROFESSIONAL’s right to access Confidential Information.
11. Return of Information. Notwithstanding any other provision of this AGREEMENT to provide
Project Instruments and work product, all material, i.e., various physical forms of media in
which Confidential Information is stored, including but not limited to writings, drawings, tapes,
diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and,
upon request, shall be promptly returned, together with all copies thereof to the Disclosing
Party. Upon return of such materials, all digital and electronic data shall also be deleted in a
non-restorable way by which it is no longer available to the Receiving Party. Upon Disclosing
Party’s request, written verification of the deletion (including date of deletion) is to be provided
to the Disclosing Party within ten (10) days after completion of engagement, whether it be via
termination, completion or otherwise.
12. Injunctive Relief. PROFESSIONAL Receiving Party acknowledges that the Disclosing Party
may, based upon the representations made in this AGREEMENT, disclose security
information that is critical to the continued success of the Discloser’s business. Accordingly,
Receiving Party agrees that the Disclosing Party does not have an adequate remedy at law
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for breach of this AGREEMENT and therefore, the Disclosing Party shall be entitled, as a non-
exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction
or decree of specific performance or any other remedy, from a court of competent jurisdiction
to enjoin or remedy any violation of this AGREEMENT.