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HomeMy WebLinkAboutRFP - 7680 EXECUTIVE SEARCH SERVICES - CITY ATTORNEYRFP 7680 Executive Search Services – City Attorney Page 1 of 21 REQUEST FOR PROPOSAL 7680 EXECUTIVE SEARCH SERVICES – CITY ATTORNEY The City of Fort Collins is requesting proposals from qualified firms to provide executive search services to facilitate the recruitment and selection process for a City Attorney. The City Attorney is appointed by and reports to the City Council and will work closely with the City Manager and City staff. 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), September 3, 2014 and referenced as Proposal No. 7680. 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. Questions regarding bid submittal or process should be directed to Gerry Paul, Director of Purchasing and 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 forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. 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 7680 Executive Search Services – City Attorney Page 2 of 21 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 7680 Executive Search Services – City Attorney Page 3 of 21 REQUEST FOR PROPOSAL 7680 EXECUTIVE SEARCH SERVICES – CITY ATTORNEY SCOPE OF SERVICES The City of Fort Collins is requesting proposals from qualified firms to provide executive search services to facilitate the recruitment and selection process for a City Attorney. The City Attorney reports directly to the City of Fort Collins Council. Fort Collins is a vibrant, community that operates under the Council/Manager form of government. The municipal organization serves approximately 151,000 citizens and has been recognized as one of the best places to live, vacation and do business. The City Attorney is appointed by and reports to the City Council. The City Attorney is the City’s Chief Legal Counsel and trusted partner to the City Council, City Manager and Executive Leadership Team. A draft job description is included on page 8 of this RFP. The selected firm will be expected to will work closely with the City Council and other members of the City Attorney selection committee. Services required will include the following: 1. Work closely with the City Council and selection committee to finalize the position profile for the City Attorney. Utilize input from constituents to customize profile and selection process. 2. Coordinate recruiting efforts for the position, including advertising and personal recruitment of candidates. 3. Review and screen applications. 4. Conduct preliminary interviews on selected candidates. 5. Work closely with designated City Council and the selection committee to develop a site visit agenda and interview schedule. 6. Provide a list of approximately 10-15 semi-finalists as soon as practical but no later than December 2, 2014. 7. Coordinate follow-up interviews and site visits. 8. Perform reference checks. 9. Facilitate employment of selected candidate including negotiation of offer. 10. Conduct follow-up with the City after candidate has been employed. RFP 7680 Executive Search Services – City Attorney Page 4 of 21 PROJECT SCHEDULE The preliminary project schedule is provided below however, the City desires to complete this project early and is seeking a firm capable of accelerating the schedule without compromising the selection process, pool of candidates or qualifications of individual selected. Step Responsibility Action Target Date* Select Recruiter Council Resolution Oct 8, 2014 Finalize Position Profile Committee, Recruiter Engagement Key Stakeholders Staff Oct 30, 2014 Approval Position Profile Council Resolution (Recruiter support) Nov 4, 2014 Post Position Recruiter, Staff Nov 6, 2014 Recommend Proposed Semi-finalists (10-15) Recruiter Dec 2, 2014 Confirm Semi-finalists Committee or Council Executive Session Dec 16, 2015 Select Finalists Council Special Executive Session Jan 13, 2015 Candidate Interviews Committee, Council Staff, Key Stakeholders Week of Jan 25 or Feb 2, 2015 Selection Council Resolution Feb 17, 2015 Background, Reference Checks, Negotiate Proposed Contract Terms Recruiter, Staff, Committee Contract Approval Recruiter, Committee, Council Resolution Mar 3, 2015 * Tentative schedule subject to change due to Committee availability and other unanticipated conflicts PROPOSALS Proposals should address the following questions: 1. Is your firm able to deliver based on this proposed timeline? a. What additions or changes would you propose or require? b. Provide additional details to demonstrate the value your agency would add to the steps in this recruitment/selection process. RFP 7680 Executive Search Services – City Attorney Page 5 of 21 2. Provide a breakdown of estimated costs and fees for tasks 1-9 above. a. How are expenses of the search included in your proposal? b. What expenses will be charged to the City separate from any basic fee? c. Is there a maximum cost? 3. Who will be the primary contact for this search? a. Secondary contacts? b. What are the qualifications and backgrounds of each of these individuals? 4. Describe the experience of the primary contact person in the recruitment. a. How many searches has this individual conducted for City Attorney positions? b. List representative cities for which this service has been provided. 5. In what ways have members of your firm developed personal contacts with potential candidates for this type of position? 6. What procedures do you use in assessing your client organization's needs and values? How do you use this information in selecting candidates who meet those needs and share those values? 7. Describe how you will market the unique characteristics of the City of Fort Collins to potential candidates. How will this differ from other positions you have/are recruiting for? 8. Explain how you will conduct your search to ensure a candidate will be compatible with the specific needs of the City of Fort Collins and Northern Colorado region? 9. What procedures does your firm utilize in investigating the background of candidates? 10. What role do you see the City Council, City Manager’s Office or Human Resources personnel playing in this process? 11. How many other executive searches is the primary contact currently involved in? How will you ensure that the City receives prompt and timely attention throughout this process? 12. Explain any guarantees of services provided and related time periods. Please provide at least ten references from past public agency clients. The City reserves the right to contract with the selected firm for future executive searches as they deem necessary. RFP 7680 Executive Search Services – City Attorney Page 6 of 21 REVIEW AND ASSESSMENT A review board including members from City Council will rank interested firms based on their written proposals, using the ranking system set forth in the City's procedures for acquisition of professional services, and described as follows. The City reserves the right to award from the written proposals; however, the three highest ranked firms may be requested to participate in an interview process prior to award. REVIEW AND ASSESSMENT CRITERIA Professional 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? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? Does the firm have direct experience recruiting legal professionals? 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably to the City’s? Will the firm offer a firm- fixed price for the project? What guarantees are offered by the firm? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Does the firm have direct experience recruiting legal professionals? RFP 7680 Executive Search Services – City Attorney Page 7 of 21 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 firm? Did they demonstrate a high degree of professionalism and effective project management? Timetable Was the project completed on-time? Were interim deadlines met in a timely manner? If not, did the firm provide proactive communications and develop effective schedule recovery plans? Completeness Was the firm responsive to client needs; did the firm anticipate problems? Were problems solved quickly and effectively? Budget Was the project completed within budget? Job Knowledge Did the firm demonstrate sound business acumen and knowledge? RFP 7680 Executive Search Services – City Attorney Page 8 of 21 City Attorney Position – Draft Rev 1 __________________________________________________________________________________ The City Attorney serves as the chief legal advisor to the City of Fort Collins Colorado, and is responsible for providing sound and efficient legal services to City Council, City manager, boards, commissions, and other City staff in matters relating to their official powers and duties. Responsibilities include planning, staffing and supervising the legal service needs of the City. Provides legal representation for the City in all actions or suits in which the City is a party. The City Attorney is appointed by the City Council and is directly responsible to the City Council for the functions and duties assigned by the provisions of the City Charter and Municipal Code. The City Attorney serves at the pleasure of the City Council. Additional CITY ATTORNEY responsibilities include: • On a day-to-day basis, consult with and assist all the City departments with matters for which they require guidance, including contract drafting and interpretation, personnel legal questions, Municipal Code and Charter interpretation, building codes and other areas related to municipal law. • Participates in the preparation and presentation of cases, renders legal opinions, and prepares court papers, contracts, ordinances, resolutions, deeds and leases. Work is performed with technical independence in accordance with accepted practices. • Attend all meetings of the City Council and some City Council committee meetings and draft all ordinances, contracts and other instruments as required by the City Charter, ordinances or the Council. • Consult with the City Manager’s Office regarding all manner of things which have legal implications for the City and relate to the City Manager’s official duties and powers. • Effectively and efficiently manage the use of outside legal counsel and consultants. • Responsible for all prosecution in the Fort Collins Municipal Court. • Responsible for the management of the City Attorney’s Office, including the hiring of assistant city attorneys and other legal staff. Responsible for drafting and managing the departmental budget. • Prepares court papers, contracts, ordinances, resolutions, deeds, leases, and other legal documents. • Prepares and approves proposed ordinances for consideration by the Mayor and Council. • Reviews the legality and/or sufficiency of contracts, bonds, bids, leases, insurance, and claims. • Represents the City in lawsuits and administrative hearings. • Serves the City’s interests in various contract negotiations. • Manages, supervises, and reviews the work of legal and support staff, (currently consisting of 10 attorneys, 2 paralegals, and 3 support staff) as well as, managing the office budget, support contracts, etc. • Researches, interprets, and applies laws, court decisions, and other legal authority in the preparation of opinions and briefs. • Analyzes legislation including proposed state and federal legislation affecting the City. Supervisory Duties: This position is responsible for supervision of City employees. This position carries out supervisory responsibilities in accordance with applicable laws and the policies of the organization and City Attorney’s Office. Responsibilities include but are not limited to: interviewing, hiring, and training employees; planning, assigning and directing work; appraising performance; rewarding and disciplining employees; addressing complaints and resolving problems. RFP 7680 Executive Search Services – City Attorney Page 9 of 21 City Attorney Position – Draft Rev 1 __________________________________________________________________________________ Job Requirements: The minimum job requirements are: 1) graduation from a school of law accredited by the American Bar Association with a Juris Doctor Degree; and 2) high-level government management experience with at least ten years’ experience in the practice of law, including some (6 months ­ 1 year) experience in municipal law and supervising one or more attorneys and other professional staff. Licensed to practice law in the state of Colorado during his or her tenure in office, but need not be so licensed prior to appointment. Equivalent combinations of experience and education will be considered. Desired Professional and Personal Attributes: The following are the desired professional and personal attributes for the Fort Collins’ City Attorney: • Must possess the ability to make sound judgments and exhibit composure and patience when dealing with stressful situations; the ability to communicate effectively and diplomatically, both orally and in writing, with co-workers, City Council, boards and commissions and the general public • Have a superior knowledge of municipal legal issues with a demonstrated mastery in areas of the law as deemed necessary by City Council • Must have the management skills and training which would allow the attorney to effectively and efficiently manage the programs and personnel of the City Attorney’s Office • Have the ability to efficiently operate a personal computer and perform word processing tasks • The ability to work occasional evenings, weekends and holidays as necessary to accomplish job tasks or as requested by City Council • Strong, tactful, and powerful communicator who explains complex issues in layperson language • Driver who works with a sense of urgency in a positive and personable manner • Change-agent who embraces continuous improvement philosophy and is quick study on addressing barriers to change • Experience with performance management and evaluation of services • Strong organizational and time-management skills with ability to prioritize key initiatives and manage work flow in complex environment with many stakeholders who have “must do” projects • Politically astute yet apolitical • Good public presentation skills with experience making presentations to City Councils or comparable groups • Able to inspire and motivate City employees. Compensation The salary range for the City Attorney position is $170,000 to $190,000 annually depending on qualifications and also includes the following benefits package: • Medical, dental, and vision insurance • Flexible spending accounts • 401(a) and 457 plans* • Paid vacation • Paid sick leave and long and short-term disability • Nine paid holidays • Life insurance • Annual executive physical • Wellness programs • Employee assistance program RFP 7680 Executive Search Services – City Attorney Page 10 of 21 City Attorney Position – Draft Rev 1 __________________________________________________________________________________ *The City contributes 10 percent of the employee’s salary into 401(a) money purchase plan and matches up to 3 percent of employee contributions to 457 deferred compensation plan The City will pay reasonable and customary moving expenses for the CITY ATTORNEY who will be required to live within _________________________ [Fort Collins’ city limits] or [Fort Collins Urban Growth Area] or [within X miles of …]. RFP 7680 Executive Search Services – City Attorney Page 11 of 21 SAMPLE 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. The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than , 20 . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 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 RFP 7680 Executive Search Services – City Attorney Page 12 of 21 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 attorneys 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 general liability insurance in the amount of $1,000,000 combined single limits, in accordance with Exhibit consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional RFP 7680 Executive Search Services – City Attorney Page 13 of 21 a fixed fee in the amount of ($ ) 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 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 RFP 7680 Executive Search Services – City Attorney Page 14 of 21 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 purpose. 12. 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 RFP 7680 Executive Search Services – City Attorney Page 15 of 21 written consent of the City. 13. 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 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. 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 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 RFP 7680 Executive Search Services – City Attorney Page 16 of 21 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 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 RFP 7680 Executive Search Services – City Attorney Page 17 of 21 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 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. RFP 7680 Executive Search Services – City Attorney Page 18 of 21 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. RFP 7680 Executive Search Services – City Attorney Page 19 of 21 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 Doing business as [insert name of business] By: __________________________________ Title: _______________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _______________________________ ATTEST: _________________________________ (Corporate Seal) Corporate Secretary RFP 7680 Executive Search Services – City Attorney Page 20 of 21 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 $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. RFP 7680 Executive Search Services – City Attorney Page 21 of 21 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.