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HomeMy WebLinkAboutRFP - 8595 ASSESSMENT PROCESS CONSULTANT FOR CAPTAIN AND BATTALION CHIEF HIRING / PROMOTION PROCESS (2)RFP 8595 Assessment Consultant for PFA Captain & Battalion Chief Hiring/Promotion Process Page 1 of 18 REQUEST FOR PROPOSAL 8595 ASSESSMENT CONSULTANT FOR POUDRE FIRE AUTHORITY CAPTAIN & BATTALION CHIEF HIRING/PROMOTION PROCESS The City of Fort Collins, on behalf of the Poudre Fire Authority, is requesting proposals for a consultant to design, conduct and score the assessment process for the role of Captain or Battalion Chief. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy proposal instead, one (1) hard copy and one (1) electronic copy on a jump drive, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), October 11, 2017 and referenced as Proposal No. 8595. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the bid should be directed to Project Manager, Gary Nuckols at (970) 416-2862 or gnuckols@poudre-fire.org. Questions regarding bid submittal or process should be directed to Beth Diven, Buyer at (970) 221-6775 or bdiven@fcgov.com. All questions must be submitted in writing via email to Gary Nuckols , with a copy to Beth Diven, no later than 5:00 PM our clock on September 29, 2017. Questions received after this deadline will not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Commodity Codes used for this RFP: 918-85 Personnel/Employment Consulting Services A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. 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 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 8595 Assessment Consultant for PFA Captain & Battalion Chief Hiring/Promotion Process Page 2 of 18 their entirety. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. 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. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Purchasing Director RFP 8595 Assessment Consultant for PFA Captain & Battalion Chief Hiring/Promotion Process Page 3 of 18 8595 ASSESSMENT CONSULTANT FOR POUDRE FIRE AUTHORITY CAPTAIN & BATTALION CHIEF HIRING/PROMOTION PROCESS I. PURPOSE AND BACKGROUND The purpose of this Request for Proposal is to hire an assessment consultant to design, conduct, score and provide feedback for the assessment process for the role of Captain or Battalion Chief for Poudre Fire Authority (PFA). Processes and screening/qualifying devices used for selection of promotional candidates must be job related and comply with all local, state, and federal requirements including equal opportunity and discrimination statutes. Of primary importance is a process that results in a qualified pool of candidates who are representative of the demographics of PFA. Such a process would ensure candidates are not lost due to any barriers to equity. Historically, PFA has employed a combination of assessment processes to assess a candidate’s relative ability to perform the duties of the position of Captain or Battalion Chief. It will be incumbent upon the consultant to identify the best means to assess for required skills and characteristics and to develop a scoring process that will align to PFA’s desired goals of an equitable process that ensures no disparate impact. PFA Personnel Rules & Regulations and Policies define specific aspects of the examination. PFA will oversee the consultant’s work, according to PFA Rules & Regulations and Policies. A PFA lead administrator, under direction of the Support Division Chief and PFA HR and Policy, will oversee assessment development and administration. PFA, with input from the City of Fort Collins Purchasing, will be responsible for the final selection of the assessment consultants from the proposals submitted through this RFP process. II. SOLICITATION OBJECTIVES Poudre Fire Authority expects to achieve the following outcomes through this consultant solicitation: 1. Seek and hire a consultant who can deliver an equitable Officer level assessment process that results in a qualified candidate pool, representative of the job description of the position being assessed. 2. Seek to hire a consultant who can deliver a well-documented, high quality and legally defensible testing processes for the positions listed that will consist of design, implementation and presentation of results. 3. Seek and hire a consultant with experience designing, administering and scoring customized assessment processes for roles in fire service agencies similar in size and complexity to PFA. 4. Seek and hire a consultant who has had specific experience in developing assessment processes that reduce the impact of institutionalized bias and other barriers to equity. 5. Seek and hire a consultant who has experience successfully defending the validity of their public safety assessment approach in a legal setting. 6. All services undertaken will conform to professional best practices and be responsive to pertinent court decisions interpreting state and federal guidelines on employee selection. 7. Poudre Fire Authority seeks to complete a Battalion Chief Assessment in 2017 using the selected vendor from this RFP process. This will be the first work order RFP 8595 Assessment Consultant for PFA Captain & Battalion Chief Hiring/Promotion Process Page 4 of 18 under this service agreement. Additional work orders will be initiated for future position assessments as needed. There is no guarantee as to the number of work orders to be completed under this agreement. III. MINIMUM QUALIFICATIONS Minimum qualifications are required for a consultant to be eligible to submit a proposal response. Your submittal response must show compliance to the following minimum qualifications. Proposals that do not meet these minimum qualifications will be considered non-responsive and rejected from further consideration. 1. Consultant must have successfully co-developed multiple validated assessment processes and tools with fire service agencies, particularly in terms of volume of applicants and focus on reduction of disparate impact. IV. SCOPE OF WORK The role of assessment consultant for the positions of Captain and Battalion Chief for the Poudre Fire Authority includes the following scope of work: 1. Introduction and Familiarization a. The consultant shall establish a review process for the proposed approach to familiarization that incorporates input from the Poudre Fire Authority Support Division Chief and the Poudre Fire Authority Human Resources. 2. Assessment Process Design and Materials a. The consultant shall propose a customized approach to assessment design for the roles of Captain and Battalion Chief that demonstrates how and where barriers to equity are actively removed from the process and how adverse impact to candidates will be removed. i. Poudre Fire Authority looks to the consultant to utilize and reference the most recent research findings on reducing adverse impact in fire service assessment processes to substantiate their customized approach to assessment processes. ii. Poudre Fire Authority expects the consultant to propose alternative assessment approaches that are demonstrated to reduce disparate impact. b. The consultant shall propose an approach to assessment design to include: i. Integrate the job analysis into an assessment process. ii. Develop accurate simulation exams that define success and failure in dimensions of leadership, management, communications skills, supervision, knowledge of policies, procedures and operational directives, command presence, personnel problems, disciplinary situations, customer service and minimizing organizational risk c. The consultant shall establish a review process for the proposed approach to assessment design that incorporates input from Poudre Fire Authority Support Division and the Poudre Fire Authority Human Resources. RFP 8595 Assessment Consultant for PFA Captain & Battalion Chief Hiring/Promotion Process Page 5 of 18 3. Applicant Orientation a. The consultant shall propose a customized approach to applicant orientation for the role of Captain and Battalion Chief. b. The consultant shall establish a review process for the proposed approach to candidate applicant orientation that incorporates input from Poudre Fire Authority Support Division and the Poudre Fire Authority Human Resources. 4. Assessment a. The consultant shall propose a customized approach to conducting an assessment for the role of Captain and Battalion Chief i. The consultant shall propose a customized process for the utilization and training of outside assessors. b. The consultant shall establish a review process for the proposed assessment that incorporates input from Poudre Fire Authority Support Division and the Poudre Fire Authority Human Resources. 5. Scoring a. The consultant shall propose a customized approach to the assessment processes for the scoring for the role of Captain and Battalion Chief that demonstrates how and where barriers to equity are actively removed from the process and how adverse impact to candidates will be removed. i. Poudre Fire Authority looks to the consultant to utilize and reference the most recent research findings on reducing disparate impact in fire service assessment to substantiate their customized approach to scoring. ii. Poudre Fire Authority expects the consultant to propose alternative scoring approaches that are demonstrated to reduce disparate impact. b. The consultant shall establish a review process for the proposed approach to scoring that incorporates input from Poudre Fire Authority Support Division and the Poudre Fire Authority Human Resources. 6. Feedback to Candidates a. The consultant shall propose a customized approach to the assessment process for providing individualized feedback to the candidate after the completion of the assessment process. The intent is for the candidate to receive information regarding their individual performance for the purpose of learning and improvement. V. SUBMITTAL REQUIREMENTS The vendor applicant must submit electronic or five (5) hard copy proposals addressing: 1. The six required elements of the scope work RFP 8595 Assessment Consultant for PFA Captain & Battalion Chief Hiring/Promotion Process Page 6 of 18 2. Fee schedule 3. Three (3) references from fire service agencies similar in size and complexity to PFA 4. Additional detailed proposal for 2017 Battalion Chief Assessment 5. Signed Vendor Statement Proposal must indicate with either table of contents or tabs identifying the sections of the above 5 submittal requirements. VI. REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top rated firms may be conducted. 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 3.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications 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? 2.0 Cost and Work Hours Does the proposal included detailed cost break- down for each cost element as applicable and are the line-item costs competitive? 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 by each project task or phase? RFP 8595 Assessment Consultant for PFA Captain & Battalion Chief Hiring/Promotion Process Page 7 of 18 2.0 Firm Capability Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on- time and in-budget? Has the firm successfully completed previous projects of this type and scope? VII. 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 8595 Assessment Consultant for PFA Captain & Battalion Chief Hiring/Promotion Process Page 8 of 18 VIII. VENDOR STATEMENT Vendor 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, Vendor hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Vendor’s knowledge and belief. b. Vendor commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 180 days from the date hereof. d. Vendor further agrees that the method of award is acceptable. e. Vendor also agrees to complete the proposed Agreement 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. Vendor acknowledge receipt of addenda. 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: NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. RFP 8595 Assessment Consultant for PFA Captain & Battalion Chief Hiring/Promotion Process Page 9 of 18 IX. SAMPLE SERVICES AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN) SERVICES AGREEMENT WORK ORDER TYPE 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" as agent, on behalf of the Poudre Fire Authority (PFA), 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. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for . The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and/or PFA and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit "A", consisting of one (1) page and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and/or PFA and any other special circumstances relating to the performance of services. No Work Order shall exceed $ . A general scope of services is attached hereto as Exhibit “B”, consisting of ( ) page , and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City and/or PFA may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. 2. Changes in the Work. The City and/or PFA reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City and/or PFA to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed RFP 8595 Assessment Consultant for PFA Captain & Battalion Chief Hiring/Promotion Process Page 10 of 18 pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. 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 and/or PFA, 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. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is 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 and/or PFA of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City and/or PFA/Notices. Notwithstanding the time periods contained herein, the City and/or PFA may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be mailed 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 address: Service Provider: PFA: Copy to: Attn: Poudre Fire Authority Attn: 102 Remington Street Fort Collins, CO 80524 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City and/or PFA, the Service Provider shall be paid for services rendered to the termination date, 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. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City and/or PFA makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. a. The City and/or PFA agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses RFP 8595 Assessment Consultant for PFA Captain & Battalion Chief Hiring/Promotion Process Page 11 of 18 incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit " ", consisting of ( ) page , and incorporated herein by this reference. Payment shall be made by the City and/or PFA only upon acceptance of the work by the City and/or PFA and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 9. City and/or PFA Representative. The City and/or PFA's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City and/or PFA Representative. 10. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City and/or PFA only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City and/or PFA. 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 and/or PFA, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City and/or PFA), 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 and/or PFA, nor will it obligate the City and/or PFA 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 and/or PFA to the same extent as the work of the Service Provider. 12. Personal Services. It is understood that the City and/or PFA 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 and/or PFA. 13. Acceptance Not Waiver. The City and/or PFA's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of this Agreement. 14. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with RFP 8595 Assessment Consultant for PFA Captain & Battalion Chief Hiring/Promotion Process Page 12 of 18 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 and/or PFA. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City and/or PFA-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City and/or PFA 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 and/or PFA. 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 representative, successors and assigns of said parties. RFP 8595 Assessment Consultant for PFA Captain & Battalion Chief Hiring/Promotion Process Page 13 of 18 18. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City and/or PFA, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City and/or PFA 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 Purchasing Director, 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 and/or PFA. 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. This Agreement shall be governed in all respect by the laws of the State of Colorado. 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: 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. RFP 8595 Assessment Consultant for PFA Captain & Battalion Chief Hiring/Promotion Process Page 14 of 18 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 and/or PFA within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City and/or PFA may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City and/or PFA arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City and/or PFA will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City and/or PFA 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 one (1) page, attached hereto and incorporated herein by this reference. RFP 8595 Assessment Consultant for PFA Captain & Battalion Chief Hiring/Promotion Process Page 15 of 18 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: POUDRE FIRE AUTHORITY By: _________________________________ Tom DeMint, Fire Chief Date: ______________________________ ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 8595 Assessment Consultant for PFA Captain & Battalion Chief Hiring/Promotion Process Page 16 of 18 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND AGREEMENT DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Services Agreement and this Work Order (including the attached forms) the Services Agreement shall control. The attached forms consisting of ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. SERVICE PROVIDER By:_______________________________ Date:_____________________________ CITY OF FORT COLLINS By:_________________________________ Project Manager Date: ______________________________ By: _______________________________ Gerry Paul Purchasing Director (over $60,000.00) Date: ____________________________ RFP 8595 Assessment Consultant for PFA Captain & Battalion Chief Hiring/Promotion Process Page 17 of 18 EXHIBIT INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City and/or PFA, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City and/or PFA 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 reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins and Poudre Fire Authority.” In case of the breach of any provision of the Insurance Requirements, the City and/or PFA, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City and/or PFA 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 and/or PFA, 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 8595 Assessment Consultant for PFA Captain & Battalion Chief Hiring/Promotion Process Page 18 of 18 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) and Poudre Fire Authority (the “PFA”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City and/or PFA 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 and/or PFA 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 and/or PFA may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City and/or PFA, or that relates to the business of the City and/or PFA, or that is used by the City and/or PFA 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 and/or PFA). 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 and/or PFA. 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 and/or PFA. 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 and/or PFA in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City and/or PFA, or the City and/or PFA so requests for any reason, the Service Provider shall promptly return to the City and/or PFA 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 and/or PFA’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City and/or PFA 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.