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HomeMy WebLinkAboutRFP - 7561 INSURANCE (2)RFP 7561 Insurance Page 1 of 26 ADDENDUM No. 2 REQUEST FOR PROPOSAL Description of BID 7561: Insurance Brokerage Services OPENING DATE: 3:00 PM (Our Clock) November 5, 2013 To all prospective bidders please see the attached revised Request for Proposal which expands the scope of services to include the Poudre Fire Authority. Please see below summary of changes incorporated by Addendum No. 2. Summary of Changes: 1. The scope of services is expanded to include the Poudre Fire Authority. 2. Attachment A is amended to add a second page summarizing the City’s insurance coverage in table format. 3. Attachment B is added to provide a summary of the Poudre Fire Authority’s existing insurance coverage. 4. The Opening Date for the bid has been extended by one (1) week to allow additional time to incorporate the Poudre Fire Authority. The revised Opening Date is: 3:00 PM (Our Clock) on November 5, 2013. Please contact Gerry Paul, Director Purchasing and Risk Management 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. 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 7561 Insurance Page 2 of 26 REQUEST FOR PROPOSAL 7561 INSURANCE The City of Fort Collins and the Poudre Fire Authority are is requesting proposals from qualified brokerage/agency firms providing Property and Liability Insurance, including Workers’ Compensation. Proposals from respondents will be reviewed and a limited number of firms may be selected to secure quotes for its insurance renewal for the policy year beginning May 1, 2014. Proposals submission via email is preferred. Proposals shall be submitted in Microsoft Word or PDF format and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, five (5) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), October 29, 2013 and referenced as Proposal No. 7561. If delivered, they are to be sent to 215 North Mason Street, 2 nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. The City encourages all disadvantaged business enterprises to submit proposals in response to all requests for proposals and will not be discriminated against on the grounds of race, color, national origin for all proposals for negotiated agreements. Questions concerning the scope of the project should be directed to Project Manager, Lance Murray at (970) 221-6807 or lmurray@fcgov.com. Questions regarding bid submittal or process should be directed to Gerry S. Paul, Director of Purchasing Risk Management at (970) 221-6779 or gspaul@fcgov.com. All questions must be submitted in writing via email to Lance Murray, with a copy to Gerry Paul, no later than 5:00 PM (MST) on October 18, 2013. 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 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 7561 Insurance Page 3 of 26 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. 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, Gerry S. Paul Director of Purchasing & Risk Management RFP 7561 Insurance Page 4 of 26 RFP 7561 INSURANCE The City of Fort Collins and the Poudre Fire Authority are is requesting proposals from qualified brokerage/agency firms providing Property and Liability Insurance, including Workers’ Compensation. Proposals from respondents will be reviewed and a limited number of firms may be selected to secure quotes for its insurance renewal for the policy year beginning May 1, 2014. Terms and Conditions for Request for Proposal 1. Proposers are expected to examine the specifications, schedule of delivery, and all instructions. Failure to do so will be at the proposer’s risk. 2. Each proposer shall furnish the information required in the RFP. 3. The Contract/Purchase Order will be awarded to that responsible proposer whose submittal, conforming to the Request for Proposal, will be most advantageous to the City of Fort Collins, price and other factors considered. 4. The City of Fort Collins (Purchasing Division) reserves the right to reject any or all qualifications and to waive informalities and minor irregularities in proposals received, and to accept any portion of or all items proposed if deemed in the best interest of the City of Fort Collins to do so. We reserve the right to move coverages to another broker who is considered to offer the best overall program. 5. No submittal shall be withdrawn for a period of sixty (60) days subsequent to the opening of proposals without the consent of the City. 6. In submitting the proposal, the proposer agrees that acceptance of any or all proposals by Purchase Order within a reasonable time frame constitutes a contract. 7. The proposed price shall be exclusive of any Federal or State taxes from which the City of Fort Collins is exempt by law. 8. Any interpretation, correction or change of the Proposal Documents will be made by Addendum. Interpretations, corrections and changes of the Proposal Documents made in any other manner will not be binding, and Proposer shall not rely upon such interpretations, corrections and changes. The City's Representative will not be responsible for oral clarification. 9. Confidential/Proprietary Information: Proposals submitted in response to this RFP and any resulting contract are subject to the provisions of the Colorado Public (Open) Records Act, 24-72-201 et. seq, C.R.S., as amended. Any restrictions on the use or inspection of material contained within the proposal and any resulting contract shall be clearly stated in the proposal itself. RFP 7561 Insurance Page 5 of 26 10. The City assumes no responsibility for proposals being either opened early or improperly routed if the envelope is not clearly marked on the outside: RFP 7561 Insurance. 11. In the bidding phase of this RFP, the City reserves the right to secure quotes from direct writers, including Pool programs. Background and Loss Data Although the City of Fort Collins has essentially been self-insured since 1988, the City still relies upon commercial insurance to provide protection over and above the City's self- insured retention level. The City maintains a Loss Fund to make reimbursement on claims within our retention levels. A summary of current policies for the City is attached as Attachment “A”. Attachment “B” is a summary of the existing policies for the Poudre Fire Authority. Scope of Work The selected brokerage/agency(s) will be required to assist in the placement of insurance, excess insurance, reinsurance, and/or alternative coverage’s as needed. The City’s broker will ultimately be expected to perform most, if not all, of the following services: A. Risk Analysis and Insurance Marketing 1. Assist the City in the assessment of loss exposures. 2. Prepare a market analysis and forecast by line of insurance at least 150 days prior to each renewal. 3. Assist the City in the design of required coverage. 4. Identify for the City prior to marketing its insurance coverage, all viable markets and provide this proposed distribution list to the City for approval. 5. Prepare detailed submissions for presentation to markets in a timely manner. A copy of such submission will be provided to the City prior to its release. 6. Negotiate effectively with underwriters, securing the broadest coverage at the best available cost. 7. Present renewal programs and options to the City within a reasonable time period prior to expiration, but no later than 30 days prior. RFP 7561 Insurance Page 6 of 26 8. Provide a detailed summary of all marketing activity including carrier’s names, underwriter contacted, final disposition of carrier’s quote or action, and a clear explanation of any declination or reasons for no further consideration being shown a market. B. Administration 1. Issue binders, certificates of insurance and other coverage verification documents as required. 2. Respond promptly to questions from the City. 3. Keep Risk Management advised of activities taking place nationally and locally on the City's behalf. 4. Prepare and present a formal annual report to the City on the past year's activities and future plans and goals. 5. Assist with cost allocations, if asked. 6. Prepare a recap of coverage’s bound for the City as early in the year as possible. 7. Maintain confidentiality of City records. 8. Assist the City in the creation and maintenance of an underwriting database on City premises. C. Claims The City of Fort Collins self-administers its Workers' Compensation program and property/casualty claims. Regardless, some claims will require the brokerage/agency to do the following: 1. Handle the transmittal of documents to the appropriate insurance carrier's claims service office. 2. Coordinate with the City's Risk Manager and City Attorney on claims investigation when requested and, if necessary, conduct post-loss visits to assist in proper claims preparation, salvage operations, temporary protection and negotiation of claims with adjusters. 3. Act as the City's advocate in claim disputes with insurance carriers. RFP 7561 Insurance Page 7 of 26 4. Provide audits of our claims administered, both property/casualty and worker’s compensation. D. Loss Control* 1. Act as a liaison between the City and insurance company loss control personnel. 2. Aid in review and evaluation the City's in-house loss control activities. 3. Assist the City in exposure analysis. 4. Develop and assist in the presentations of loss control training and education programs. *Note: As this service pertains to “excess of loss” coverage placements, activities are currently structured in an as needed basis at various levels within the organization. Insurance The successful brokerage/agency will be required to provide a certificate to the City of Fort Collins showing that it has professional liability insurance with minimum coverage of $1 million per claim. Evaluation Process It is our intent to review all proposals with a selection committee and a potential third-party independent consultant. Members of the selection committee will independently review and rate each proposal based on, but not limited to, the following criteria: 1. The extent and effectiveness to which the proposal appears to meet the requirements of the Request for Proposal. 2. The quantity and quality of similar work that has been provided for other public entities. 3. Market expertise (availability to varied markets) and the extent of applicable resources available to the City. 4. Understanding of the services required by the City as outlined in the Scope of Services as evidenced in the proposal. RFP 7561 Insurance Page 8 of 26 5. Qualifications of the brokerage/agency's ability to successfully complete the services. This qualification shall include, but not be limited to, the agency's financial status, expertise as an agency, personnel to be assigned to the contract, and the agency's capability to perform to schedules and demands. 6. Location of personnel to be assigned to the City's account. 7. Overall responsiveness to the RFP. 8. Fees. Review And Assessment Qualified firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and optional interview session. At discretion of the City, interviews of top rated firms may be held. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the RFP 7561 Insurance Page 9 of 26 assigned personnel require? Has the firm done previous projects of this type and scope? Reference Evaluation (Top Rated Firm) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 7561 Insurance Page 10 of 26 SUBMITTAL SECTION – RFP 7561 INSURANCE Failure to return this submittal page with your qualifications will be cause for rejection Please address the following in the order listed below: 1. Name of Company. 2. Provide the names and telephone numbers of at least 5 (five) references. Provide any previous and current local government experience. These should include other public entity accounts. Identify the type of service provided for each reference and the length of time your firm has handled the account. 3. (Describe any special expertise your firm has in providing insurance brokerage services to a City or other public entity). Does your company have any proprietary programs for government entities? How would the existence of such a program affect your firm’s objectivity in the marketing of the City’s insurance program? 4. What markets would you most likely approach, in order of preference, if chosen? DO NOT TIE UP MARKETS AT THIS TIME. Please provide a prospectus and financial rating of these markets. 5. Your qualifications to handle the City's insurance portfolio and capabilities for risk management services. a. Describe your office, its history, and how it works with the national office (or offices), if appropriate. Please identify all activities that are performed by the national office. b. Provide the names, qualifications, and location of each individual that would be assigned to the City's account. c. Provide information to us which indicates the financial status of your firm. d. Does your agency retain full-time employees engaged in specialty areas such as in-house claims and loss control and safety services? Describe the services, level of availability and provide employees’ names with a brief resume of their experience. 6. Please list the services that you can offer the City of Fort Collins and your approach to marketing and servicing our account. Or, please provide a copy of your customary service plan for accounts similar to the City. We realize that the services may be customized based on the needs of a particular customer. We are interested in knowing what your firm sees as critical service features. Please tie your response into the expected services found in the “Scope of Work” and further assist us by highlighting additional items and their potential value to the City. RFP 7561 Insurance Page 11 of 26 7. Please explain how the functions of each team member will ensure continuity in the services to the City. 8. The proposed cost of the services outlined in this RFP. Is the cost all-inclusive, or do certain services require additional fees? Please make it clear what your costs cover. The City of Fort Collins reserves the right to negotiate the scope of work and applicable costs with the selected vendor. 9. Considering the contract period of (five years or one year, with up to four (4) additional one-year periods), please provide pricing for up to five (5) years. Responses should include pricing changes envisioned based on contracts with other clients. When are fee reductions appropriate and when increases are indicated, how are service levels affected? A final point on broker compensation, fees or the equivalent in premium cost are not only a consideration, they are an important determinant for the City. 10. With information on the City program’s limit structure, coverage scope, claims and demographics, please identify improvement opportunities based on best practices or market conditions. The opportunities the City is most interested in are: a. Coverage recommendations b. Premium goals c. Structure recommendations 11. List what your firm believes to be the three most important responsibilities of a broker/agent and give a very brief example of how you have fulfilled these three responsibilities for one client. Also, please give reference information for this client. 12. Please explain why you believe that you and your organization are the best party to represent the City in the marketplace and how your approach to client services and program is unique. RFP 7561 Insurance Page 12 of 26 SUBMITTAL SECTION – RFP 7561 INSURANCE Failure to return this submittal page with your qualifications will be cause for rejection _______________________________________________________________________ Company Name _______________________________________________________________________ Print or Type Name of Bidder's Authorized Officer or Partner _______________________________________________________________________ Signature of Bidder's Authorized Officer or Partner Date *NOTE: If Bidder is a corporation, set forth the legal name of the corporation together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If Bidder is a partnership, set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership. Business address: _______________________________________________________ _____________________________________________________ Telephone # _________________________ Email: _________________________ ATTEST:______________________________ Secretary (Corporate Seal) RFP 7561 Insurance Page 13 of 26 ATTACHMENT “A” City Renewals May 1 RFP 7561 Insurance Page 14 of 26 ATTACHMENT “A” (Continued) Summary of Policies for the City of Fort Collins Coverage Carrier Limits Deductable Property Lexington 100,000,000 100k Flood / 50k Other Auto Darwin 5,000,000 100k Veh. / 50k mobile Equipment Breakdown Zurich 50,000,000 10k Fine Arts ACE 2,000,000 1k Crime Travelers 1,000,000 5k Fiduciary Alterra 2,000,000 10k Work Comp Midwest Employers Statutory/1M Liab. 500k Liability States RRG 3/6,000,000 500k RFP 7561 Insurance Page 15 of 26 ATTACHMENT “B” Additional Policies for the Poudre Fire Authority Coverage Carrier Limits Deductible Liability CSDP&L Pool 1,000,000 $50,000 Auto CSDP&L Pool Scheduled Value per Vehicle $25,000 Property CSDP&L Pool 100,000,000 $5,000 Equipment Breakdown CSDP&L Pool 50,000,000 $1,000 Crime CSDP&L Pool 1,000,000 $2,500 Workers Compensation CSDP&L Pool Statutory $5,000 *All Poudre Fire Authority policies renew January 1. Renewals for these policies are already in progress. RFP 7561 Insurance Page 16 of 26 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) page , and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. [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 RFP 7561 Insurance Page 17 of 26 rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. 5. 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. 6. 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. 7. 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: Service Provider: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 RFP 7561 Insurance Page 18 of 26 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. 8. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, ($ ) as per the attached Exhibit " ", consisting of page , and incorporated herein by this reference. 9. 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. 10. 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. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor RFP 7561 Insurance Page 19 of 26 will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 12. 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. 13. 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. 14. 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 RFP 7561 Insurance Page 20 of 26 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. 15. 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. 16. 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. 17. 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. 18. 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 RFP 7561 Insurance Page 21 of 26 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. 19. 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. 20. 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. 21. 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: RFP 7561 Insurance Page 22 of 26 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. 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 RFP 7561 Insurance Page 23 of 26 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. 22. 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 ( ) pages, attached hereto and incorporated herein by this reference. RFP 7561 Insurance Page 24 of 26 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul 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 Addendum 1 - Page 25 of 26 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. Addendum 1 - Page 26 of 26 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.