Loading...
HomeMy WebLinkAboutRFP - 7642 JOB ANALYSIS, PERFORMANCE & LEARNING COMPETENCY ASSESSMENTPage 1 of 22 REQUEST FOR PROPOSAL 7642 JOB ANALYSIS, PERFORMANCE, AND LEARNING COMPETENCY ASSESSMENT The City of Fort Collins is requesting proposals from qualified firms to conduct a comprehensive assessment of the City of Fort Collins Human Resources process framework related to job descriptions, pay plan, job evaluation program, job competencies, and performance management. 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), June 6, 2014 and referenced as Proposal No. 7642. 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, Janet Miller at (970) 221-6826 or jamiller@fcgov.com; Amy Sharkey at (970) 416-2721 or asharkey@fcgov.com; Doreen Kemp at (970) 416-2430 or dkemp@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. 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 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 Page 2 of 22 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 Page 3 of 22 7642 JOB ANALYSIS, PERFORMANCE, AND LEARNING COMPETENCY ASSESSMENT I. PURPOSE The purpose of this RFP is to solicit proposals from qualified firms to partner with the City of Fort Collins (“City”) Human Resources Department to conduct an assessment of the City’s job, pay, and performance processes and structures. The assessment will encompass an evaluation of the status quo, comparison and benchmark of current state to industry, and identification of an ideal future state. Services will include capitalizing on industry knowledge, metric and benchmarking analysis, implementing best practices, and leveraging human resources expertise and unique experience. We are seeking a consultant with vast human resources and organizational competency experience working with public and private entities, and who has demonstrated success implementing organizational change with tangible measurable benefits. II. BACKGROUND – CURRENT STATE Compensation The current compensation system has been in place since 2008; the system has largely been effective in maintaining the City’s position as a competitive employer, ensuring we are good stewards of taxpayer dollars by using a fair and market based pay system. However, problems have arisen with occupational group definitions, outdated job evaluation system, and target market pay philosophy. Key elements of the existing compensation system are as follows:  432 Job Titles/Job Descriptions (excluding Executives, Sworn Police, Police Dispatch, and Attorneys  7 Occupational Groups (job families)  79 Different Pay Ranges  40% Pay Range Spread  Set the midpoint of the pay range using surveyed average actual salaries and run through a regression analysis  Target market salaries is set at 2% below/above the midpoint o 87% of employees are currently at or above the target market  Merit system for non-skill employees  Skills-Based Pay system for skilled employees o 25 jobs with established skill ladders that provide pay increase at each level  Job Evaluation Point Factor System for non-benchmark jobs  Pay increases (dependent on budget availability)  Merit – based on merit matrix (position in range and performance) Page 4 of 22 o granted once a year in January o performance rating distribution expectations historically bell curve  Skill – skill attainment and performance – pay increase at time of skill level movement Performance Management In 2008, the City implemented a performance-based pay system designed to differentiate pay based on job performance and the ability to motivate, retain, and reward high performers. The system has led to improvements in the area of structured performance reviews. However, feedback from focus groups, managers, and employees is that the current system is negatively impacting employee morale and the organization is questioning its ROI. Key elements of the existing performance management system are as follows:  All employees receive annual performance reviews o self- and manager assessments  Employee and manager rating for each organizational competency (6 all employees and 2 management)  Objectives/Goals have rating but not included in the overall rating  Development plans not widely promoted; used inconsistently  Low performance rating – employees receive performance improvement plan  Pay increases tied to rating; rating distribution by Service Area (organizational business units) not City as a whole  Annual adjustments made to evaluation system to try and improve system based on manager and employee feedback  Organization questioning ROI and impact on employee morale Learning Competencies The City has a robust learning and development program, and has recently implemented leadership development programs for emerging, advanced and executive leaders. However, the City is lacking a set of clearly identified job, performance, and leadership competencies to be used for job and career development/advancement. Following are key elements of the existing career development system:  360 feedback for division manager level and above; development purposes  360 feedback for high potential employees, ones that may grow into management  Using industry competency framework  No identified competencies linked to jobs or careers  No integrated approach for workforce / talent management Page 5 of 22 III. SCOPE OF SERVICES The selected vendor will work with the City to design a career management structure which includes compensation philosophy, career levels, job titles, and pay and performance models that are clear, concise, and easy to navigate. The City desires to develop a talent management model that bridges to our technology for a consistent and competitive career and rewards management program, creating a framework of career paths, bands, job titles, and pay ranges for career progression. The City desires a career management framework that is simple, competitive, and flexible enough to meet the needs of a diverse population while maintaining consistency across job functions. The selected vendor will be responsible for providing the following services: 1) Status Quo/Current State Assessment:  Assessment of current status of City’s job, performance, and leadership competency structure through evaluation of systems and policies to gain an understanding of current practices and processes  Provide feedback of programs currently in place, what’s working well and what’s working not so well 2) Recommendation of Changes from Current State Assessment:  Utilizing the status quo assessment compare the City organization to peers and industry using benchmarking and standard metrics  Make recommendations for changes based on best practices assessment 3) Ideal Future State: Identify opportunities for improvement and propose an ideal future state for the organization including:  Easily understandable framework of career paths, bands, job titles, and pay ranges  Clearly defined competencies that drive and align behaviors to create a culture of performance excellence  Career progression is clear  Timely, meaningful, and future-oriented and multi-rater feedback system that fosters engagement and drives excellence  Employee pay that is competitive, fair and relevant to required skills /competencies and that is separated from the performance assessment process  Create a talent management model that enhances or re-engineers the existing framework for: Page 6 of 22 o pay bands, o pay ranges, o job titles, o job descriptions, o job competencies, o career progression and paths, o performance management, o employee pay 4) Unique contribution based on expertise: Propose issues, analysis, structure, frameworks, etc. that may be beneficial to the continuous improvement of the City of Fort Collins human resources organization. IV. Deliverables  Preliminary assessment for City review/input  Final assessment, option identification and recommendations  Executive Leadership Team (ELT) presentation of assessment findings, recommendations and future state plan V. Project Schedule  Project award July 15  Preliminary assessment October 1  Presentation to ELT November 5  Final assessment December 19 VI. INSTRUCTIONS TO CONSULTANTS Submittal Requirements Qualified consultants interested in performing the work described in this request for proposals must submit a complete proposal which addresses all elements of this RFP. A proposal that does not include all of the information required may be deemed incomplete and is subject to rejection. Responses must include all of the items listed below, in the order listed: A. Executive Summary The Executive Summary should highlight the content of the proposal and features of the services offered, including a general description of the services and any unique aspects or benefits provided by your firm. Page 7 of 22 B. Consultant Information and Experience The Consultant should provide the following information: 1. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). 2. Qualifications of your firm and qualifications and experience of the specific staff proposed to provide consulting services. A résumé for key professional and technical persons assigned to the contract shall be submitted. Identify the primary contact person and roles of each staff member. Please limit resumes to one-half page. 3. Describe the availability of project personnel to participate in this project in the context of the consultant firm’s other commitments. 4. Provide a list of similar projects completed in the last five years by the key members of the proposed team. 5. References (current contact name, current telephone number and email address) from at least three other projects with similar requirements that have been completed within the past five years and that have involved the staff proposed to work on this project. C. Fees Consultant shall provide an itemized firm-fixed price for the assessment including the fee schedule and estimated hours. Reasonable expenses will be reimbursable as mutually agreed at cost. Provide a cost for each section (compensation, performance, and learning) separately and a total cost for the sections as a whole. D. Additional information Consultant may provide any additional information the Consultant feels will assist the City’s evaluation of the Consultant’s proposal and qualifications. E. Contacts Direct questions related to proposal submittal, contracting or process to: Gerry Paul – Director of Purchasing and Risk Management City of Fort Collins 215 N. Mason St. Fort Collins, CO 80522 (970) 221-6779 gspaul@fcgov.com Page 8 of 22 Questions related to the scope of work should be directed to: Amy Sharkey – Project Manager City of Fort Collins 215 N. Mason St. Fort Collins, CO 80522 (970) 416-2721 asharkey@fcgov.com F. Schedule Finance has established the target schedule shown below for the RFP. Finance reserves the right to amend the target schedule at any time.  RFP Issuance: May 9, 2014  Deadline for Questions: May 28, 2014  Proposal Due: June 6, 2014  Interviews (Optional): Week of July 7, 2014  Contract start date: July 15, 2014 Page 9 of 22 VII. REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session (if the City should determine an interview process is required). 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. A shortlist of Consultants may be identified and invited for an interview at the City of Fort Collins. The final selection will be made from this shortlisted group. The City reserves the right to award directly as a result of the written proposals. 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? Is your experience pertinent? 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/ Sustainability Is the firm interested and are they capable of doing the work in the required time frame? What sustainable practices does your firm have in place? 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 assigned personnel require? Has the firm completed previous projects of this type and scope? Page 10 of 22 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? Page 11 of 22 EXHIBIT A PROPOSAL ACKNOWLEDGEMENT Consultant hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, the Consultant hereby makes the following representations: a. All of the statements and representations made in this proposal are true to the best of the Consultant’s knowledge and belief. b. The Consultant has obtained all necessary authorizations and approvals that will enable the Consultant to commit to the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 60days from the date hereof. d. I further agree that the method of award is acceptable to my company. e. I also agree to complete the proposed Agreements with the City of Fort Collins within 30 days of notice of award. f. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. g. I acknowledge receipt of addenda. Consultant Firm Name: Physical Address: Remit to Address: Phone: Authorized Agent of Firm Name: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: PLEASE GO TO www.fcgov.com/purchasing TO REGISTER IN OUR E-PROCUREMENT SYSTEM FOR FUTURE BID OPPORTUNITIES! BE SURE TO SELECT ALL APPROPRIATE COMMODITY CODES. Page 12 of 22 EXHIBIT B SAMPLE PROFESSIONAL SERVICES AGREEMENT PROFESSIONAL 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 "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) pages, 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 ( ) pages, and incorporated herein by this reference. 3. Contract Period. 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 four (4) 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 Professional and Page 13 of 22 mailed no later than ninety (90) days prior to contract end. 4. Early Termination by City. 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 Professional. 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: Professional: 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 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorney’s fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial Page 14 of 22 general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $1,000,000, in accordance with Exhibit , consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. [Optional] Insert Subcontractor Clause Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 7. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: Reimbursable direct costs: with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's Page 15 of 22 approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 8. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 9. Project Drawings. [Optional] Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 10. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 11. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other Page 16 of 22 purpose. 12. Subcontractors. Professional 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 will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Professional. 13. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 14. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. 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. 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 Page 17 of 22 according to the terms of this agreement, such party may be declared in default. 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. 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., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and Page 18 of 22 2. Professional 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. Professional 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. Professional 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 Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional 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 Professional shall not terminate the contract with the subcontractor if during such three days the Page 19 of 22 subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional 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 Professional 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, Professional shall be liable for actual and consequential damages to the City arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 20. 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. Page 20 of 22 THE CITY OF FORT COLLINS, COLORADO By: _________________________________ Gerry Paul Director of Purchasing & Risk Management DATE: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney [INSERT PROFESSIONAL'S NAME] OR [INSERT PARTNERSHIP NAME] OR [INSERT INDIVIDUAL'S NAME] OR By: __________________________________ Printed: Title: _______________________________ Corporate President or Vice President Date: _______________________________ Page 21 of 22 EXHIBIT INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, 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 Professional, 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 Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional '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 Professional shall maintain during the life of this Agreement for all of the Professional'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 Professional 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 Professional 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. Page 22 of 22 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional 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 Professional has agreed to perform, the Professional 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 Professional 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 Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional 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 Professional 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 Professional 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 Professional ceases to perform services for the City, or the City so requests for any reason, the Professional 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 Professional understands and agrees that the City’s remedies at law for a breach of the Professional’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.