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HomeMy WebLinkAboutRFP - 7413 BACKGROUND SCREENING SERVICES - HUMAN RESOURCES (3)RFP 7413 Background Screening Services Page 1 of 24 REQUEST FOR PROPOSAL 7413 BACKGROUND SCREENING SERVICES The City of Fort Collins is requesting proposals from qualified firms to provide Background Screening Services for prospective employees, contractors, or volunteers; and Utilities customers. Written proposals, five (5) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), August 7, 2012 and referenced as Proposal No. 7413. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to either of the following Project Managers:  Cathy Blakeman, Human Resources, if related to prospective employees, contractors, or volunteers screening services at (970) 221-6824 or cblakeman@fcgov.com.  Vicky Peil, Utilities Customer Service, if related to prospective Utilities customers screening services at (970) 416-2018 or vpeil@fcgov.com. Questions regarding proposal submittal or process should be directed to David Carey, CPPB, Buyer, at (970) 416-2191 or dcarey@fcgov.com The deadline for submitting questions is Thursday, July 26, 2012. Email preferred. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. 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. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 7413 Background Screening Services Page 2 of 24 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. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management RFP 7413 Background Screening Services Page 3 of 24 REQUEST FOR PROPOSAL 7413 BACKGROUND SCREENING SERVICES I. BACKGROUND The City of Fort Collins (City) conducts background screenings for selected persons who apply for employment, seek personal services contracts with, may be placed in selected non- remunerative positions of trust as volunteers, or to become a Utilities customer. This screening process is supervised by the City's Human Resources Department, except for Utilities customers, which is supervised by Utilities Customer Service. The City intends to establish a Services Agreement with a provider who specializes in providing necessary background services for prospective employees, contractors, or volunteers; as well as for Utilities customers. The City’s preference is to award to one Service Provider However, the City reserves the right to perform separate selection processes for Human Resources and Utilities. Based on the proposals received, the City may split the award. Providers may submit a proposal for Human Resources or Utilities screening requirements only. The total number of background screenings conducted by the City in 2011 through Human Resources for prospective employees, contractors, or volunteers was 1,260. The number of identity verifications performed by the Utilities in 2011 was 11,686. II. QUALIFICATIONS Each firm who proposes must meet the following qualifications: 1. The firm must have the demonstrated authorization to perform all specified services. The proposal must identify and describe the legal representation, advice, licenses, and other authorizations the firm has received to perform this type of work. The proposal must list individually any lawsuits or related claims that have been filed against the company in the last five years related to performing these services. The proposal must describe how the company stays current with changing local, state, and federal laws and regulations related to these services, and how the company insures compliance. 2. The firm must have the necessary systems, software, support and procedures to provide the services required. The City prefers strongly that these services be provided through an on-line computer process (including, for example, electronic access to reports) with guaranteed security and confidentiality. The firm must identify the specific technology and processes used, and describe how that sets the firm apart from others in this field, including any special report capabilities. The proposal must also list all information databases that are available to the firm. The firm must have a web service API that both Fort Collins Utilities and Human Resources can integrate with. 3. The firm must be fully bonded and Fair Credit Reporting Act (FCRA) certified, including each appropriate employee and subcontractor. In addition, the firm must have Professional Liability Insurance that meets or exceeds the requirements of the City. RFP 7413 Background Screening Services Page 4 of 24 III. SCOPE OF SERVICES - HUMAN RESOURCES The City Human Resources Department may require any or all of the following services for prospective employees, contractors, or volunteers: 1. Perform data entry of the Fair Credit Reporting Act (FCRA) or background check forms. Service Provider also offers the option to permit the perspective employee or volunteer to enter the information into the system on-line. 2. Background screening services for each prospective employee, contractor, volunteer, or Utilities’ customer which may include any or all of the following: Regular Basis: a. Social Security Number (SSN), verification and validation. b. Name and Address Trace. c. Date of Birth d. Criminal Records, check for seven (7) years including appropriate County, State, and Federal bureaus. e. Current Residence and, for criminal history, Previous Residences for up to seven (7) years prior. Utilities need criminal history for identity verification. f. Driving Record, lifetime for criminal history and DUI / DWAI charges and convictions, including out of state. g. Driving Record, for moving violations, up to seven (7) years history. h. Motor Vehicle License(s), validity of currently-held. i. Risk Management, scan for inconsistencies in person/customer’s history to help identify potential fraudulent or misrepresented information. Periodic Basis: a. Employment Verification, current and two previous employments as applicable, up to seven (7) years history. b. Credit Information, up to seven (7) years history. c. Public Records, relating to financial history. d. Professional License(s), verification and history. e. OFAC Compliance 3. Authorized Users a. Human Resources will designate the names of people who shall serve as the City’s Primary Authorized Users. b. Additional Authorized Users must be approved in writing by appropriate City Primary Authorized User. c. Human Resources will designate certain Authorized Users as restricted to obtaining Motor Vehicle Driving Record and Department of Transportation (DOT) Employment Verification only. 4. Results reporting and billing for prospective employees, contractors, or volunteers per Human Resources must be kept separate from Utilities customers. Any driving related reporting must be reportable separately from any other information. 5. 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 the vendor. RFP 7413 Background Screening Services Page 5 of 24 6. 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. 7. Perform an initial consultation with a Human Resources representative only for screening results concerning prospective employees, contractors, or volunteers, meeting specific criteria as outlined by the City of Fort Collins. 8. Service Provider 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, Service Provider must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts. VI. PRODUCT AND SERVICE DESCRIPTIONS-HUMAN RESOURCES 1. Social Security Number Validation The SSN Validation determines if the applicant has provided a social security number validly issued by the US Government, the year and state in which the social security number was issued, and if any death benefits have been filed. 2. Name and Address Trace Reveals all names associated with a social security number, past and present addresses, and suspected fraudulent use of a social security number. Results can be cross referenced to addresses supplied by the applicant to ensure the integrity of the information on the job application. Information is acquired through credit bureaus, phone records, historical credit records and property records. 3. Criminal History Check a) County Court Criminal Record Checks Searches County court record checks are the most comprehensive source of information for criminal activity and typically yield the most accurate and current data available. County search results provide criminal charges, dates, sentencing and disposition, for felonies and/or misdemeanors in the county seat court. Detailed dockets and supporting information are typically available. Service Provider accesses all 3,300+ counties. b) Colorado Multiple County Criminal Record Checks Service Provider provides consolidated access to all available Colorado county court records. c) Statewide Criminal Record Checks Service Provider conducts rigorous and ongoing testing for the quality, timeliness, accessibility, and content of state repositories and continually updates the “Premier Preferred States List” to illustrate where statewide data is comparable to a county court record check. Data available may reflect arrest or disposition information obtained by police departments, county cases forwarded from local courts, or other criminal data housed by the state. In non-preferred states, Service Provider automatically conducts county court record checks. RFP 7413 Background Screening Services Page 6 of 24 d) Federal Court Record Checks Federal search results provide information on criminal activity that occurred outside the county or state jurisdiction and was prosecuted at the federal district court level. Examples of criminal activity include kidnapping, drug trafficking, interstate transportation of stolen goods, bank robbery, and embezzlement. Federal court record checks typically yield low percentage hit rates and only involve the most serious crimes. e) International Criminal Searches These can be completed on an “a la carte” as requested basis. 4. National Criminal Offender Scan A National Criminal Offender Scan is used to identify criminal activity in jurisdictions outside of current and previous residence and employment geographical locations. Although national criminal record checks provide the broadest coverage available, the data is compiled from court and non-court records including information from the Department of Correction’s incarceration, parole, and release files, Administrative Office of Court records, and state and county criminal records and often contains information that may not be usable in the hiring process. To mitigate the potential liability inherent with other screening services national scans, Service Provider automatically researches any potential hit/record directly with the court.  5. Motor Vehicle Driving Record Service Provider will obtain the candidate’s Motor Vehicle Driving Record to cover at least the previous three years (including any available Commercial Driver License (“CDL”) information when applicable) from each state for which the candidate provides a license number and state of issue. 6. Standard Employment and Department of Transportation (DOT) Employment Verification Information is solicited for such items as dates of employment, position or title, wages and salary, attendance record, reasons for leaving, eligibility for re-hire, job duties, evaluation of work performance, interaction with others, and disciplinary actions. The DOT Employment Verification is conducted as a supplement to the standard employment verification. Service Provider’s staff will promptly and professionally solicit answers to six questions required by the Federal DOT in the Code of Federal Regulations. This verification provides deeper insight into the applicant’s previous testing levels, refusals to test, violations to the DOT prohibitions, rehabilitation program participation and reportable accidents. 7. Sex Offender Registry Check The Sex Offender Registry check provides information regarding felony and misdemeanor convictions of any sexual assault, aggravated sexual assault, aggravated criminal sexual contact, and/or kidnapping. Reports offer the offense date, charge and offense classification, and additional identifiers if available. Individuals on these registries are required to register in the state in which they reside. Service Provider can search a single state or conduct a National Sex Offender Registry search. State policies vary and may only provide information on high risk/repeat offenders. RFP 7413 Background Screening Services Page 7 of 24 8. Quick Check for “Flagging” Issues Applies a pass, review, or fail grade to each applicant according to customer specific hiring criteria. to simplify the hiring process, improve compliance and hiring uniformity, maintain candidate privacy and reduce critical time to hireAvoid unlawful employment practices associated with Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), by applying consistent customer criteria to every applicant. 9. I-9 Verification Quickly and easily verifies the work authorization of newly hired employees through the Department of Homeland Security (DHS) or eVerify. Falling under the jurisdiction of U.S. Citizenship and Immigration Service’s (USCIS) Systematic Alien Verification for Entitlements (SAVE) Program, Service Provider is able to conduct employment verification of potential candidates. 10. Applicant Information Self Entry Permits the pre-hire candidate to complete and submit key personal data for employee verification. Using a secure web-page the candidate completes the necessary (user defined) data that automatically initiates the screening services. 11. Education Confirmation Service Provider will verify all relevant education obtained based on the information provided by the candidate or by City. Service Provider will attempt to verify International Education “a la carte” as requested. 12. Credit Report This report allows the employer insight to the applicant’s level of fiduciary responsibility. This nationwide check is conducted in compliance with the Fair Credit Reporting Act (FCRA) and all applicable county, state, and federal laws. 13. Military Service Verification In addition to verifying information an applicant provides on his or her job application or resume, this product offers detailed reports regarding military service. The report provides such details as dates of service, rank, pay, character of service, job description and/or specialties, decorations and medals, performance, and reason for discharge. 14. Workers’ Compensation Claim History Provides a history of the applicant’s work related injuries filed by the employer. Searches assist employers in placing new hires in positions suited to their physical abilities. Reports usually include claim information, injury type, date, and case number. These reports adhere to the provisions of the Americans with Disabilities Act (ADA). An applicant must have been given a “conditional offer of employment” prior to executing a Workers’ Compensation search. 15. Patriot Act Scan (Terrorist Watch List) This service identifies individuals designated as terrorists by the Office of Foreign Asset Control (“OFAC”) through a comprehensive search of US agencies as well as international sources. RFP 7413 Background Screening Services Page 8 of 24 16. Credential and Professional License Verification Checking an applicant’s professional license or credentials verifies the qualifications and the integrity of the applicant by confirming that credentials and licenses stated on a job application or resume are correct. 17. Personal Reference Check Contacts to colleagues and co-workers listed on the applicant’s resume or job application are done to obtain a full assessment of the individual. The applicant’s capabilities, integrity, ethics and work record are questioned. The reference will have an opportunity to offer additional comments regarding the applicant. Tailored questions can offer additional insight. 18. Bundled, Flat-Rate, All-Inclusive Packages To manage costs, improve compliance and ensure consistency, Service Provider can create unlimited flat-rate, all inclusive, roll-specific packages. Based on the best- practices of other Service Provider clients, the following packages are recommended. Alternative or additional packages can be created and priced during implementation. Inclusive means there will be NO additional third-party fees charged. BASIC PACKAGE  A Social Security Number Validation.  A Name and Address Trace to pre-determine jurisdictions to search for criminal records.  A Nationwide Sex Offender Registry Check Based on the applicants disclosure and the results of the Name and Address Trace:  Each additional County Court Criminal History Check may be ordered  Each additional Colorado Multiple County Court Record Check may be ordered for an INCLUSIVE fee (there are no third party fees for Colorado Multiple County Court Checks). 19. Standard Employment Package  A Social Security Number Validation.  A Name and Address Trace to pre-determine the jurisdictions to search for criminal records.  Multiple County Court Criminal History Checks (or Statewide repository checks when Service Provider has determined that the state data is as good or better than the county level search) to cover all addresses disclosed by the candidate or revealed by Service Provider’s Name and Address Trace Report  A Colorado Sex Offender Registry Check  A Nationwide Sex Offender Registry Check RFP 7413 Background Screening Services Page 9 of 24 V. SCOPE OF SERVICES - UTILITIES The City of Fort Collins Utilities Customer Service may require any or all of the following services for Utilities Customers: 1. 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 (SSN), verification and validation. b. Date of Birth c. Current and Previous Addresses d. Risk Management, scan for inconsistencies in person/customer’s history to help identify potential fraudulent or misrepresented information. e. Name and Phone Number trace Periodic Basis: a. Services as requested. 3. Results reporting and billing for prospective Utilities customers must be kept separate from Human Resources requirements. 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. 5. 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. 6. 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 who is eligible to be screened for the period and the City will respond with who to screen and what screening service to perform. 7. Service Provider will perform an initial consultation with a by Utilities Customer Service representative only for screening results concerning 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. 9. Utility customers may be making the application via the telephone. The Customer Service Representative needs to be able to key in the Social Security Number, birth date RFP 7413 Background Screening Services Page 10 of 24 and current/previous address(es) and have instant validation to approve the new service application. 10. Service Provider 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, Service Provider must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts. 11. Authorized Users a. Utilities will designate the names of people who shall serve as the Primary Authorized Users. b. Additional Authorized Users must be approved in writing by authorized Utilities representative. VI. PRODUCT AND SERVICE DESCRIPTIONS-UTILITIES 1. Social Security Number Verification & Validation 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. Name, Address, Date of Birth, Phone Number & SSN Trace System 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. 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. RFP 7413 Background Screening Services Page 11 of 24 VII. PROPOSAL REQUIREMENTS Written proposals should be structured in this fashion and include, at a minimum, the following: 1. Name, mailing and email addresses, and telephone numbers of responding organization, and primary contacts for both account management and service. 2. Qualifications/history of organization and key personnel. 3. Services List with detailed descriptions and costs (a-la-carte, bundled, flat-rate, and requested all-inclusive packages). 4. Systems, Procedures, Accessibility, Results Reporting, Quality Assurance, Security; Regulatory Compliance and Updates to provide services in a timely and accurate manner. 5. Related Experience, prefer municipal and public agencies. 6. References, prefer municipalities and public agencies. The City reserves the right to refuse any proposal that does not include these requirements. All proposals shall remain subject to initial acceptance 90 days after the day of submittal. VIII. MISCELLANEOUS The City expects to enter into a written Services Agreement (“Agreement”) with the chosen vendor that shall incorporate this RFP and their proposal. The anticipated terms and conditions of the Agreement are set forth in the attached document. However, the City may include additional terms and conditions in the Services Agreement as deemed necessary. Any exceptions to the terms and conditions should be noted in vendor’s proposal. IX. REVIEW AND ASSESSMENT RFP 7413 Background Screening Services Page 12 of 24 Firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The City of Fort Collins reserves the right to select a vendor for this project on the basis of written proposals submitted only. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal How well does the proposal address the services and requirements contained in the RFP? 2.0 Assigned Personnel Do the persons who will be providing the services have the necessary skills? Are sufficient people of the requisite skills available? 1.0 Systems & Procedures Does the firm have the systems, software and support to provide requested services? Online access? Accessibility? Results reporting? Security? Quality Assurance? Regulatory compliance and updates? 1.0 Motivation Is the firm interested and are they capable of providing services in the required time frame? 2.0 Cost Do the proposed service fees compare favorably with the Project Manager's estimate? Are the fees presented reasonable for the effort required in each service? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm provided similar services of this type and scope? Does the firm have the experience to successfully provide the service? RFP 7413 Background Screening Services Page 13 of 24 X. REFERENCE EVALUATION (TOP RANKED FIRM) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this firm again? Did they show the skills required to provide the required services? Timetable Was the original Scope of Services Work completed within the specified time? Were screening results, client support, and billing provided in a timely manner? Completeness Was the firm responsive to client needs? Accurate and complete billing and reporting of results? Were problems/issues resolved quickly and effectively? Budget Were the services from the original Scope of Services provided within the project budget? Fee competitiveness and stability? Job Knowledge Did firm successfully fulfill the Scope of Services and program operate properly? Were problems/issues resolved quickly and effectively? RFP 7413 Background Screening Services Page 14 of 24 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page and incorporated herein by this reference. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit " ", consisting of ( ) page , and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. RFP 7413 Background Screening Services Page 15 of 24 4. Contract Period. [Option 2] This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU 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. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. [Early Termination clause here as an option 6. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: City of Fort Collins Attn: Purchasing PO Box 580 Fort Collins, CO 80522 Copy to: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 Service Provider: 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 RFP 7413 Background Screening Services Page 16 of 24 Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit " ", consisting of ( ) page , and incorporated herein by this reference. 8. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 9. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 10. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. RFP 7413 Background Screening Services Page 17 of 24 12. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be RFP 7413 Background Screening Services Page 18 of 24 liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 17. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. RFP 7413 Background Screening Services Page 19 of 24 18. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. RFP 7413 Background Screening Services Page 20 of 24 d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. RFP 7413 Background Screening Services Page 21 of 24 20. Red Flags Rules. Service Provider 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, Service Provider must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the Utilities or the Privacy Committee. 21. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit “ “ - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. RFP 7413 Background Screening Services Page 22 of 24 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY RFP 7413 Background Screening Services Page 23 of 24 EXHIBIT INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. RFP 7413 Background Screening Services Page 24 of 24 EXHIBIT “ “ CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City , or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.