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HomeMy WebLinkAboutRFP - P1045 ELECTRONIC PAYMENT PROCESSINGAdministrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of RFP: P1045 Electronic Payment Processing OPENING DATE: 3:00 P.M. (Our Clock) October 2, 2006 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made: QUESTIONS & ANSWERS 1. Pg 5. Minimum requirements “for banks”. Does this mean the City will only award the RFP to a bank? Answer: The City will accept RFP’s from non-banking institutions which provide credit card services. The requirement for these institutions will be to provide documentation of financial stability. Inclusion of financial statements, along with capitalization ratios, is acceptable. 2. Currently, who does the City of Fort Collins use as their depository bank? Answer: The current depository bank for the City is First National Bank. 3. How many applications (departments) is the City including in this RFP? Answer: The organization is implementing an enterprise wide e-commerce solution that includes e-payments. Currently there are 20 locations throughout the organization that accept credit cards but more will be added as the e-commerce solution is implemented in phases throughout the organization. 4. Pg 3. –ECommerce solutions. Integration support for .Net, SOAP, ASP, etc. What are the interface requirements for each? Answer: The primary interfaces are .Net and ASP but it is possible for the other listed items to be utilized depending on future applications and integration needs. The respondent needs to ensure that their recommended solution provide development tools and programming language to current City application vendors for integration. 5. Is the City accepting RFP’s from non-banking institutions? Answer: See answer to A1 above. 6. What format does the City want fees to be presented in? Answer: The RFP did not define this so we will accept this information in the format that the respondent wants to provide. 7. How does Tele-Works utilize ACH? Answer: The ACH that Tele-Works references (ACH file management) is a batch file formatted to the NACHA standard which is meant to go directly to the bank. Tele-Works encrypts it and FTP's it as part of the file management. The merchant provider should take care of echecks and Tele-Works should not have to create the file. Please contact James B. O'Neill, II, CPPO, FNIGP at (970) 221-6779 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Administrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com REQUEST FOR PROPOSAL P1045 Electronic Payment Processing The City of Fort Collins is seeking a single source payment processing technology and merchant services partner who will provide a completely integrated Automated Clearing House (ACH) and integrated credit card payment solution on one technical platform. This would include merchant account services supported by payment gateway technology provider that will interface with the City’s e-Commerce application, Tele-Works, Inc. Written proposals, six (6) 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), October 2, 2006. Proposal No. P1045. 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 Project Manager Brenda McCoy- Manfredo (970) 221-6528. Questions regarding proposals submittal or process should be directed to James B. O’Neill, II, CPPO, FNIGP (970) 221-6779. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcgov.com/bso/login.jsp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. 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. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management Administrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com REQUEST FOR PROPOSAL P1045 Electronic Payment Processing The City of Fort Collins is seeking a single source payment processing technology and merchant services partner who will provide a completely integrated Automated Clearing House (ACH) and integrated credit card payment solution on one technical platform. This would include merchant account services supported by payment gateway technology provider that will interface with the City’s e-Commerce application, Tele-Works, Inc. Written proposals, six (6) 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), October 2, 2006. Proposal No. P1045. 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 Project Manager Brenda McCoy- Manfredo (970) 221-6528. Questions regarding proposals submittal or process should be directed to James B. O’Neill, II, CPPO, FNIGP (970) 221-6779. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcgov.com/bso/login.jsp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. 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. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management SA 09/01/06 2 P1045 Electronic Payment Processing Scope of Work Objective: The City of Fort Collins is embarking on implementation of an e-Commerce solution that expands access to city services and information for the citizen utilizing web and phone components. The City of Fort Collins is seeking a single source payment processing technology and merchant services partner who will provide a completely integrated Automated Clearing House (ACH) and integrated credit card payment solution on one technical platform. This would include merchant account services supported by payment gateway technology provider that will interface with the City’s e-Commerce application, Tele-Works, Inc. Acceptance of all e-Commerce payment types, such as credit and debit cards, e-checks, gift cards, and direct payment, for the purchase and payment of goods and services with the City of Fort Collins will allow the agency to respond to the public’s desire for expanded payment options and convenience. Additionally, the City is seeking to streamline revenue collection and cash management practices, speed receipt of payments, lower overall banking costs, achieve internal operational efficiencies by reducing the processing time to reconcile bank and merchant account information using customizable electronic reporting options through the implementation of new payment technologies. The City is looking for a vendor that will assist with the establishment of a flexible, custom-fit solution that will not restrict business processes. This formal Request for Proposal process and subsequent results supersedes any and all communications and/or agreements made by personnel of the City with any vendor regarding this project. Requirements: The successful vendor responses will specifically address, or recommend alternatives to, their ability to support or replace the following existing systems: • Point of Sale (POS) terminals o ID Tech Omni Dual Reader, ID Tech Omni MSR, Verifone Tranz 460, computers with Magtek devices, Verifone Tranz 330 w/40 column printer; devices for barcodes, devices integrated with keyboard for mag strip. • POS manual card swipe devices. • Interactive Voice Response (IVR). • Web payments. • Digital Pioneer Intella Pay Machine (parking lot payment machine). E-Commerce Solution: Vendors responding to this RFP must specifically identify their ability to provide the following. The vendor must identify any costs, fees or penalties associated with the listed goods and/or services. • A dynamic, integrated payment processing option that supports e-commerce activities that encompass web, POS card present, POS card not present, and IVR technologies. • Provide a unified merchant account with robust gateway services. • POS hardware, supplies, maintenance, training, and technical support. SA 09/01/06 3 • Provide a web-based virtual terminal application, installation, testing, training, maintenance and technical support. • Provide a web-based virtual terminal application that performs the credit card processing functions of a physical POS terminal that allows multiple users to access the system with individual logins. • Vendor must be willing to work cooperatively with Tele-Works to ensure integration by providing necessary programming and code information for the creation of customizable POS applications and other customized e-Commerce solutions developed with Tele- Works, Vermont Systems, Banner Systems, Indus Advantage CIS with IVR, and T2 Parking Systems. • The gateway needs to provide dynamic communication for a single umbrella merchant account number with the ability to associate a unique identifier for individual locations and/or POS devices that will append to the single merchant number. • Real time credit card authorization and posting. • Acceptance and support for gift cards. • Integration support for the following: .Net, SOAP, ASP, VB Script, CGI, PERL, JAVA, XML, C/C++, and PHP. Administrative Support and Customer Service: Vendors responding to this RFP must specifically identify their ability to provide the following items. The vendor must identify any costs, fees or penalties associated with the listed goods and/or services. • Responsive customer service 24/7/365 for problem identification and resolution upon immediate contact with problem resolution or a plan of action within 2 hours of initial contact. • Provide a single corporate merchant number for the City of Fort Collins and sub- merchant numbers for various location sites throughout the organization. The City is seeking a definable identification system that will allow a unique identifier to each location or POS, which will be appendable to the single corporate merchant number. • Provide a single point of contact for both authorization and settlement of transactions. • Customer support for installation, configuration, testing, validation, training, and on-going technical assistance for transaction processing and gateway services. • Provide customizable, electronic reporting features which allow for global reporting of a single umbrella merchant number or granular reporting for individual locations within the organization by a unique identifier. • Provide electronic files that allow for extraction or export into the city’s financial system, JD Edwards or other enterprise data base applications. • Allow for reoccurring billing by securing and encrypting customer account information. Specifically identify the components and procedures used to secure customer information. • Responsive administrative support for resolution of banking and processing issues. • The vendor will provide a detailed plan to ensure the continuity of the City of Fort Collins business processes for which the solution is selected in the event the vendor should go out of business, be acquired by another company, or encounter other business situations that will change the support or maintenance for the incorporated technologies. SA 09/01/06 4 Fraud and Loss Prevention: Vendors responding to this RFP must specifically identify their ability to provide the following items. The vendor must identify any costs, fees or penalties associated with the listed goods and/or services. • Proactive security and fraud detection. • System must meet Payment Card Industry (PCI) compliance standards. Identify or provide supporting documentation that system meets this requirement. • Provide transaction fraud screening to identify potential fraudulent activities, such as invalid credit, duplicate transactions, or incorrect keying. • Digital certificate authentication. • Provide automated risk monitoring tools and hands-on training. Fees/Costs/Penalties: Vendors responding to this RFP must specifically identify their ability to provide the following items. • Competitive pricing for merchant bank and gateway processing costs/fees with no hidden costs/fees – all costs must be itemized, detailed, and disclosed. Failure to fully disclose fees, costs, and penalties will be immediate grounds for contract termination if later discovered. • Identify any and all fees and costs for: application processing, setup, installation and testing, customer and administrative services (The City will not accept low monthly limits, inflexible policies, long-term lock-in contracts, add-on costs, and arbitrary monthly limits. The City will not accept charge back fees or imposed rolling charge back reserves.) • Merchant bank must deposit revenue into depository bank within 24-72 hours of payment transaction settlement. • Penalty provisions must be explicitly disclosed. • Need to provide flexible, competitive card present and card not present fees. Implementation: • The City of Fort Collins will: o Be actively involved in the design and implementation phases, testing, and acceptance of all application components. o Will assist with user training. A technology project team will be designated to assist with the implementation of this project. o The Project Manager must accept each phase of the project and provide final acceptance of the entire project before payments for each particular phase or final payment for an entire project shall be made. "Acceptance" shall mean approval, in writing, of the completed installation and implementation of a project phase or of an entire project, after allowing what the Project Manager deems to be sufficient operating time in a production environment to allow the Project Manager to determine that such installation and implementation complies with the Scope of Work and/or any Specifications relevant to the project. SA 09/01/06 5 Minimum Requirements to Propose: The City’s minimum requirements for banks responding to this RFP include: a. A Green VERIBANC, Inc. rating if applicable b. Total assets of at least $2 Billion c. Capital ratios indicating the proposer is at least adequately capitalized. d. Approval as an Eligible Public Fund Depository by the Colorado State Banking Board e. Provide information from a third party that verifies your credit standing and financial ability to provide the services to the City. The City cannot enter into a contract with a proposers that do not meet the minimum criteria outlined above. Proposers that do not currently meet the minimum criteria but desire to submit a proposal must include a written Justification for Consideration. A written Justification for Consideration does not obligate the selection committee to consider the proposal of a bank that does not meet the minimum criteria. Designation as an eligible public depository by the State Banking Board cannot be waived. Credit Card Receipt Processing: Currently, all Visa, Mastercard, and Discover receipts collected by the City are forwarded to the bank for processing. When a City location requests the ability to accept credit cards the bank provides the hardware (at an agreed upon price) and completes the set up for the location. Average monthly transaction detail: Number of City locations accepting Credit Cards: 25 Number of monthly EDC transactions: 16,000 Average dollar amount of EDC transactions: $999,002 Average ticket amount $62.44 SA 09/01/06 6 Review and Assessment: The evaluation team will use the following criteria to judge and score the written proposals and, if necessary, for interviews. The rating scale shall be from 1 to 5, with 1 being the lowest score, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.5 Cost Fees and Compensation The proposal that provides the electronic payment processing services at the lowest total cost to the City. 2.5 Understanding City Needs Degree to which the proposal and supporting materials demonstrate that the firm understands the City’s needs and operational requirements. Quality and scope of the conversion implementation plan. 1.0 Financial Strength Evaluation of key financial ratios and financial position provided by independent rating services. 3.0 Scope of Services Scope of Electronic Payment Processing Services. The availability and quality of services proposed by the firm. Includes the value of any new product or service suggestions or other new ideas and enhancements. 1.0 Experience The experience, resources, and qualifications of the firm and individuals assigned to the City’s account. Relevant experience managing similar relationships with public sector clients. At the option of the City, interviews and site visits may be conducted with some or all of the firms responding to this Request for Proposal. The final selection will be based on an evaluation of all of the information submitted and the City's determinations that the proposal will best serve the City's needs. SA 09/01/06 7 Reference Evaluation (Top Ranked Firm): The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? SA 09/01/06 8 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. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 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. 4. 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 SA 09/01/06 9 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. 5. 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: 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 Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 6. 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 "C", consisting of ( ) page(s), and incorporated herein by this reference. 7. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 8. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. SA 09/01/06 10 The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 9. 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. 10. 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. 11. 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. SA 09/01/06 11 12. 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. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 14. 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. 15. 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 ( ) pages[s], attached hereto and incorporated herein by this SA 09/01/06 12 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. 16. 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. 17. 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. 18. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. 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 verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract 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, SA 09/01/06 13 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: 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. SA 09/01/06 14 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney Date:_____________________________ By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY SA 09/01/06 15 [Optional] EXHIBIT “ ” CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Contractor 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 Contractor has agreed to perform, the Contractor 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 Contractor 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 Contractor shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Contractor 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 Contractor 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 Contractor 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 Contractor ceases to perform services for the City, or the City so requests for any reason, the Contractor 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 Contractor understands and agrees that the City’s remedies at law for a breach of the Contractor’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.