HomeMy WebLinkAbout416522 KROLL FACTUAL DATA - CONTRACT - RFP - P1064 BACKGROUND SCREENING SERVICESSERVICES 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 Kroll Factual Data, Inc., 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 two (2)
pages and incorporated herein by this reference.
2. Contract Period. This Agreement shall commence March 1, 2008 and shall
continue in full force and effect until March 1, 2009, unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for additional
one year periods not to exceed four (4) additional one year periods. Pricing changes shall be
negotiated by and agreed to by both parties. The Denver - Boulder CPI-U as published by the
Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal
shall be provided to the Service Provider and mailed no later than ninety (90) days prior to
contract end.
3. Delay. If either party is prevented in whole or in part from performing its
obligations by unforeseeable causes beyond its reasonable control and without its fault or
negligence, then the party so prevented shall be excused from whatever performance is
prevented by such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days from
the onset of such condition.
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EXHIBIT B
FEE SCHEDULE
Page 1 of 1
For Prospective Utilities' Customers
Service Name
Fee
► Social Security Number Verification & Validation $0.40
(TruAlert- Social ID)
► Name, Address, Date of Birth, Phone Number & SSN Trace $0.75
(TruAlert-Risk ID)
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10
EXHIBIT "C"
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies having an AM Best rating
of A- VI or better, 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, effective dates and date of expiration of policies, and
providing that, the insurance evidenced by the Certificate will not be cancelled or materially
altered.
In case of the breach of any provision of the Insurance Requirements, the City, at its option,
may terminate this agreement. The City, its officers, and employees shall be named as
additional insureds on the Service Provider's general liability and automobile liability insurance
policies for claims arising out of work performed by Service Provider under this Agreement.
Insurance coverage 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:
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 from the
performance of work under this Agreement. Coverage for property damage shall be on
a "broad form" basis. The amount of insurance for Commercial General Liability shall be
$500,000 per occurrence and aggregate and Automobile Liability shall be $500,000
combined single limits for bodily injury and property damage each accident.
In the event any work is performed by a subcontractor, the Service Provider shall ensure
that the subcontractor maintains the required insurance herein or be responsible for any
liability directly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
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EXHIBIT "D"
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.
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EXHIBIT "E"
SPECIAL PROVISIONS
Information. Kroll Factual Data (KFD) will provide City of Fort Collins (Client) with the products or services
(the "Information") identified on the Information Form. KFD will use good faith efforts to obtain and
assemble the requested Information from reliable sources, but KFD does not guarantee the accuracy of any
Information reported. KFD will furnish to Client all discovered pertinent Information through electronic or
manual delivery. Client will not resell the Information or related reports or the contents of the Information or
reports obtained as a result of this Client Agreement,
Payment Terms and Pricino. If credit is granted, Client agrees to pay accrued charges within 30 days of
Statement/Invoice date. If credit is not granted Client will pay by credit card. Client will be responsible for
maintaining current credit card information within their KFD account and charges will be automatically
deducted from Client's credit card account. Client will only use the credit card of the Client, or a principal or
owner of the Client, and not that of a borrower or other consumer. Applicable sales tax will be added if
Client is located in a state that requires the collection of sales tax. Surcharges may be added for Information
derived from or to be delivered to certain states. To meet the requirements of the new FACT Act Legislative
Recovery Fee, effective December 1, 2004, a cost recovery charge will be assessed per person per
repository on each credit report accessed through KFD's subscriber codes. Kroll Factual Data will impose a
finance charge computed at a rate of 1.5% per month, with an annual rate of 18%, on any past -due
balances and/or suspend services provided hereunder until all amounts owed have been paid in full. Client
will be responsible for and will pay KFD reasonable attorneys' fees and /or expenses incurred in the process
of collecting Client's unpaid obligations. KFD reserves the right to change prices with 30 days prior written or
electronic notice.
Client's Compliance with Laws. Client will conduct itself and use the Information or any other products
and services provided pursuant to this Agreement in compliance with all international, federal, state and
local laws, regulations and orders as may be applicable. Client acknowledges and agrees that insofar as the
KFD web site can be accessed internationally, Client shall follow ail applicable local laws about the Internet,
data and email use, privacy and transmission of technical or other data exported from the United States to
the country where Client may be domiciled. Client will be solely responsible for any penalties or fines
assessed for failure to abide by such laws regulations and ordinances and shall indemnify KFD from and
against all claims, fines, costs (including reasonable attorneys' fees) and liability related to or arising from
Client's failure to observe or comply with all such laws or regulations.
Client's FCRA Representations. Client represents that it is knowledgeable of and will comply with all
applicable provisions of the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. §§1681 et seq. and all other
applicable statutes, both federal and state, and in connection therewith, acknowledges and agrees that (i)
the FTC "Obligations of Users Under the FCRA" is incorporated herein and is hereby made an integral part of
this Agreement, and Client acknowledges its agreement as a user of consumer reports to comply with the
same by execution of this Agreement; and (ii) Client will use consumer notice forms in correspondence with
consumers only with the express consent and the advice of Client's own legal counsel and KFD is not
responsible for Client's use or misuse thereof. Client certifies that it will order KFD services that are
consumer reports, as defined by the FCRA, only when Client intends to use that consumer report
information: (a) in accordance with the FCRA and all applicable state laws; and (b) for one of the following
permissible purposes: (i) in connection with a credit transaction involving the consumer on whom the
consumer report is to be furnished and involving the extension of credit to, or review or collection of an
account of the consumer; (H) in connection with the underwriting of insurance involving the consumer; (iii)
as a potential investor or services, or current insurer, in connection with a valuation of, or an assessment of
the credit or prepayment risks associated with an existing credit obligation; (iv) when Client otherwise has a
legitimate business need for the information either in connection with a business transaction that is initiated
by the consumer, or to review an account to determine whether the consumer continues to meet the terms
of the accounts; or (v) for employment purposes. Client will use each consumer report ordered under this
agreement for one of the foregoing purposes and for no other purpose. If the request for Information is for
an EMPFACTS® employment report, Client will use the information solely for employment purposes. Client
certifies, represents and warrants that (i) Client will provide the employee or prospective employee on
whom it is obtaining an EMPFACTS® employment report with a clear and conspicuous written notice, in
advance, that a consumer report may be requested for employment purposes; (ii) the employee or
prospective employee has authorized Client, in writing, to procure the report; (iii) the information in the
consumer report will not be used in violation of any applicable federal or state equal employment
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opportunity law or regulation; (iv) before taking adverse action, based in whole or in part on the report,
Client will provide to the employee or prospective employee a copy of the report and the FTC "A Summary of
Your Rights Under the Fair Credit Reporting Act"; and (v) Client will retain a copy of the consumer
authorization for a period of five (5) years. If requested by KFD, Client will provide to KFD a copy of the
consumer authorization within five (5) business days of the request. Client further acknowledges and agrees
that the FTC "Obligations of Furnishers Under the FCRA" is incorporated herein and is hereby made an
integral part of this Agreement.
Client Responsibilities and Certifications. Client will comply with the applicable provisions of the FCRA,
the Federal Equal Credit Opportunity Act, the Gramm -Leach -Bliley Act and any amendments to them, all
applicable state law counterparts, and all applicable regulations promulgated under any of them, including,
without limitation, any provisions requiring adverse action notification to the consumer. Each time a request
for a consumer report is made, Client will use the Information solely in connection with a transaction or
agreement involving the consumer on whom the Information is to be furnished and involving the extension
of credit to, or review or collection of an account of the consumer. Each time a request for a consumer credit
report is made on a Vermont resident or a resident of any state having a similar consumer consent statute,
Client certifies, represents and warrants that Client has obtained the consent of the consumer prior to
accessing the Information. Client may provide a copy of a consumer credit report to the consumer to whom
it relates, however Client shall not sell, provide or discuss contents of any consumer credit report with any
third party not directly associated with that particular credit or purchase decision. Client will maintain the
confidentiality and privacy of the Information in accordance with the requirements of the FCRA and other
applicable laws and regulations. Client waives the right to charge back any fees for credit searches that are
returned "no record found". Client shall not request reports on himself/herself, on Client's associates or any
other person unless it is a part of Client's official duties. Client shall reasonably cooperate with KFD or its
designee to provide certifications and information and in the conduct of inspections to verify that the Client
meets the requirements for access to the Information under the FCRA or for any other required purpose
under the FCRA or similar laws and regulations. Client certifies that it is not an investigative agency,
detective agency, law firm, government law enforcement agency or credit repair company. Client further
certifies it is not associated in any way with credit repair or credit restoration activity. Client will not alter or
permit a third party to alter any Information received from KFD. Client acknowledges that KFD holds
copyrights and other intellectual property rights in its risk analysis methods, risk mitigation products and
related software, and Client may not disassemble, decompile, translate into another computer language, or
in any way attempt to reverse engineer any portion of, or to derive the source code of, KFD's risk mitigation
system, or to modify or make works derived therefrom.
Access Security Requirements. FCRA provides that any person who knowingly and willfully obtains
information on a consumer from a consumer reporting agency under false pretenses shall be fined under
Title 18 of the United States Code, or imprisoned not more than two years, or both. Client acknowledges
that the KFD "Access Security Requirements" is incorporated herein and is hereby made an integral part of
this Agreement. KFD reserves the right to modify the Access Security Requirements in its sole discretion.
KFD's Compliance Audit Right.. KFD may periodically audit Client's compliance with the FCRA and other
privacy and confidentiality laws. Client hereby consents to KFD conducting such audits and agrees that any
failure to cooperate fully in the conduct of any audit will result in immediate termination of Client's
membership and account with KFD.
KFD's FCRA and GLB Representations. KFD shall be knowledgeable of and will comply with all applicable
provisions of the Fair Credit Reporting Act (FCRA), 15 U.S.C. §§ 1681 at seq, Gramm -Leach -Bliley Act (GLB)
and all other applicable statutes, both federal and state. KFD shall furnish Client with all discovered
pertinent information not considered obsolete by FCRA on individuals, firms or corporations, including but
not limited to: identifying information, credit history, employment and public records information.
KFD Guarantee. KFD guarantees a four-hour turn around time on customer service items ordered
electronically via http://www.krollfactualdata.com before 1:00 p.m. Mountain Time, on a regular business
day. If not delivered within four hours, the price of such order will automatically be credited on Client's
billing statement or account.
Confidential Information. Each party agrees that the following materials and information and all copies
thereof of whatever nature are confidential: (i) proprietary information of either party (including, without
limitation, the names and addresses of customers and consumers) and information that either party does
not generally make available to the public; (ii) the methods, means, personnel, equipment, and software by
and with which the other party provides its products and services ; and (iii) any other information that either
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party reasonably designates, by notice in writing delivered to the other party, as being confidential or
proprietary ("Confidential Information").
Prohibition Against Disclosure. Except as expressly permitted herein, neither party shall use the
Confidential Information of the other party and each party shall keep the Confidential Information of the
other party secret to the degree such party keeps secret its own confidential or proprietary information, and
in any case using no less than reasonable care. Confidential Information of the disclosing party shall not be
disclosed by the party who receives such information except: (i) to a party's accountants, auditors, agents,
legal counsel, and parent companies; provided, however, that such parties agree to be bound by these
confidentiality provisions; or (ii) as may be required by any legal process, court order, or governmental
agency, in which event the party making such disclosure shall so notify the other as promptly as practicable
prior to making such disclosure and shall seek confidential treatment of such information. No information
that would otherwise be Confidential Information shall be subject to the restrictions on disclosure in the
event and to the extent that: (1) such information is in, or becomes part of, the public domain otherwise
than through the fault of the receiving party; (ii) such information was known to the receiving party prior to
the execution of the Agreement as proven by the receiving party's written records; (iii) such information was
revealed to the receiving party by a third party having no obligation to hold such information confidential; or
(iv) such information is developed independently of any of the disclosing party's Confidential Information by
the receiving party.
OFAC Compliance. All credit reports accessed using KFD's subscriber codes automatically include a search
of the Office of Foreign Assets Control (OFAC) list of Special Designated Nationals (SDN) and blocked
persons. These individuals and entities are listed on the Treasury Department's Specially Designated
Nationals and Blocked Persons list so that persons subject to the jurisdiction of the United States will know
that they are prohibited from dealing with them and that they must block all property within their possession
or control in which these individuals and entities have an interest. KFD's OFAC Compliance report helps to
ensure that Client does not engage in transactions with identified "enemies" of the United States.
Client's Additional Authorizations and Certifications. Client authorizes KFD to establish additional
accounts as requested by the Client from time to time. Client will pay for all services billed for such
additional accounts. All additional accounts will be placed on the same billing method as Client's master
account unless otherwise requested by Client. If Client establishes additional accounts for its subsidiaries or
affiliates, and the services provided to such entities are credit -related, Client represents, warrants and
certifies that the entities utilizing such credit services are properly licensed in the states in which they are
conducting business and have been advised of the End User Responsibilities under the FCRA as well as its
Access Security Requirements, as set forth in this Client Agreement.
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4. Early Termination by City/Notice. Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time without cause by providing written
notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following addresses:
CCU
City of Fort Collins
Attn: Purchasing Division
P.O. Box 580
Fort Collins, CO 80522
Service Provider
Kroll Factual Data, Inc.
Attn: Kit Baker -Carr
5200 Hahns Peak Drive
Loveland, CO 80538
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the Service
Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole
right and remedy for such termination.
5. Contract Sum. The City shall pay the Service Provider for the performance of this
Contract, subject to additions and deletions provided herein, per the attached Exhibit "B", Fee
Schedule, consisting of one (1) page, and incorporated herein by this reference.
6. City Representative. The City will designate, prior to commencement of the
work, its representative who shall make, within the scope of his or her authority, all necessary
and proper decisions with reference to the services provided under this agreement. All requests
concerning this agreement shall be directed to the City Representative.
7. Independent Service provider. The services to be performed by Service Provider
are those of an independent service provider and not of an employee of the City of Fort Collins.
The City shall not be responsible for withholding any portion of Service Provider's compensation
hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for
any other purpose.
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8. Personal Services. It is understood that the City enters into the Agreement
based on the special abilities of the Service Provider and that this Agreement shall be
considered as an agreement for personal services. Accordingly, the Service Provider shall
neither assign any responsibilities nor delegate any duties arising under the Agreement without
the prior written consent of the City.
9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for
any of the services shall not be construed to operate as a waiver of any rights or benefits
provided to the City under this Agreement or cause of action arising out of performance of this
Agreement.
10. Warranty.
(a) Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance
with accepted standards for work of a similar nature.
(b) Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the
most suitable grade of their respective kinds for their intended use, and all
workmanship shall be acceptable to City.
(c) Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials,
equipment and labor, against defects and nonconformances in design,
materials and workmanship/workwomanship for a period beginning with
the start of the work and ending twelve (12) months from and after final
acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors
of any tier. Upon receipt of written notice from City of any such defect or
nonconformances, the affected item or part thereof shall be redesigned,
repaired or replaced by Service Provider in a manner and at a time
acceptable to City.
11. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default thereof.
12, Remedies. In the event a party has been declared in default, such defaulting
party shall be allowed a period of ten (10) days within which to cure said default. In the event
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the default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party
commences legal or equitable actions against the defaulting party, the defaulting party shall be
liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and
costs incurred because of the default.
13. Binding Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties.
14. Indemnity/Insurance.
a. Service Provider (referred to as the "Indemnifying Party") shall, at its own expense,
indemnify, defend, and hold harmless the City, and the City's employees, directors, officers,
affiliates, representatives, and agents (collectively referred to as the "Indemnified Party") against
any claim, suit, action, liabilities, costs, and expenses, including any proceeding brought by a
third party against the Indemnified Party (collectively referred to as "Claims"), to the extent that
such Claim is directly related to the services provided by the Indemnifying Party, as listed in
Exhibit A.
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 as required in Exhibit C, under this Agreement of the type and with the limits specified
therein, 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
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a certificate evidencing the insurance coverage required from an insurance company having an
AM Best rating of at least A- VII.
15. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
16. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Contractor represents and agrees that:
A. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal alien; and
2. Contractor has participated or attempted to participate in the basic pilot
employment verification program created in Public Law 208, 104th
Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the 'Basic Pilot Program") in order to confirm the
employment eligibility of all newly hired employees.
B. Contractor shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to
perform work under this Agreement.
C. Contractor shall continue to apply to participate in the Basic Pilot Program and
shall in writing verify same every three (3) calendar months thereafter, until
Contractor is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Basic Pilot Program is discontinued.
D. Contractor is prohibited from using Basic Pilot Program procedures to
undertake pre -employment screening of job applicants while this Agreement is
being performed.
E. If Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien,
Contractor shall:
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1. Notify such subcontractor and the City within three days that Contractor
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
Contractor shall not terminate the contract with the subcontractor if during
such three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with an illegal
alien.
F. Contractor shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course
of an investigation that the Department undertakes or is undertaking pursuant
to the authority established in Subsection 8-17.5-102 (5), C.R.S.
G. If Contractor violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this
Agreement. If this Agreement is so terminated, Contractor shall be liable for
actual and consequential damages to the City arising out of Contractor's
violation of Subsection 8-17.5-102, C.R.S.
H. The City will notify the Office of the Secretary of State if Contractor violates
this provision of this Agreement and the City terminates the Agreement for
such breach.
18. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "D", Confidentiality, consisting of
one (1) page; and Exhibit "E", Special Provisions, consisting of three (3) pages, both attached
hereto and incorporated herein by this reference.
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CITY OF FORT COLLINS, COLORADO
a municipal corporation
Jam � . O'Neill II, CPPO, FNIGP
Dire t of Purchasing and Risk Management
D�
Print Name
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CORPORATE PRESIDENT OR VICE PRESIDENT
Date: 04 s j�
ATTEST- (Corporate Seal)
Z--�L�
CORPORATE SECRETARY
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EXHIBIT "A"
SCOPE OF SERVICES
BACKGROUND
The City of Fort Collins (the "City') conducts background screenings, or risk detections, for
persons wishing to become Utilities customers (collectively, the "candidates" or "applicants").
This screening process is supervised by the Utilities Customer Service Department.
The estimated total number of screenings to be conducted by the City in 2007 through Utilities
Customer Service for prospective Utilities customers is 10,000 Social Security Number and
1,000 Fraud screenings. 2006 numbers for Utilities customers are not available since they only
began utilizing the service in January 2007.
II. SERVICES
The City may require any or all of the following services:
Perform data entry of the Fair Credit Reporting Act ("FCRA") or background check
forms.
2. Background screening services for each prospective Utilities customer which may
include any or all of the following:
Regular Basis:
a. Social Security Number, verification and validation.
b. Risk Management, scan for inconsistencies in person/customer's history to help
identify potential fraudulent or misrepresented information.
c. Name and Address Trace.
Periodic Basis:
a. Services as requested.
3. Results reporting and billing for prospective Utilities customers must be kept separate.
a. City will designate the names of people who shall serve as the Primary
Authorized Users for Utilities,
b. Additional Authorized Users must be approved in writing by appropriate City
Primary Authorized User.
Service Provider may be requested to perform the data input from a fax. Service
Provider also offers the option to permit the prospective Utilities' customer to enter the
information into the system.
Any screening services requested from the regular basis list must be received by City
within a reasonable number of days of the official request being submitted to Service
Provider.
Additional follow-up or periodic screening services may be requested in any area
specified above, or in additional areas, on a case -by -case basis, including the handling
of State specific forms. For periodic screenings, Service Provider will provide a list of
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who is eligible to be screened for the period and the City will respond with who to screen
and what screening service to perform.
Service Provider will perform an initial consultation with a by Utilities Customer Service
representative only for screening results concerning prospective Utilities customers
meeting specific criteria as outlined by the City.
8. Service Provider will issue a Notice of Adverse Information and Notice of Adverse Action
to applicants as appropriate. Service Provider will be the primary contact for individuals
who wish to dispute inaccurate data and request of the individual for further court
documents, police reports or other supporting documentation. Service Provider will
forward files electronically to appropriate Utilities representative.
Utility customers may be making the application via the telephone. The City Customer
Service Representative needs to be able to key in the Social Security Number and have
instant validation to approve the new service application.
III. PRODUCT AND SERVICE DESCRIPTIONS
Social Security Number Verification & Validation
TruAlert component SociallD is a social security number (SSN) based search that
performs both a SSN verification and a validation. It also tells you when and where the
SSN was issued and whether the SSN has been reported as deceased or not.
2. Name, Address, Date of Birth, Phone Number & SSN Trace
TruAlert component RisklD scans for inconsistencies in a person's history to help identify
potential fraudulent or misrepresented information. It verifies that each piece of
identifying information has been used historically, in conjunction by the individual.
Descriptive indicators are returned
explaining discrepancies found.
Service Provider's TruAlert system verifies the identities of applicants instantly providing
data through secure online platform. Click -for -data interface lets Utilities Customer
Service representatives to submit requests and view results in real time. Services
Provider to provide detailed reports with recommended courses of action provided in
one, complete document.
SA 09/01 /06