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HomeMy WebLinkAboutRFP - 7677 EMPLOYEE ASSISTANCE PROGRAM7677 Employee Assistance Program Administration REQUEST FOR PROPOSAL 7677 EMPLOYEE ASSISTANCE PROGRAM ADMINISTRATION The City of Fort Collins (City) is requesting proposals from qualified firms to provide administrative services for an Employee Assistance Program (EAP) to be offered to approximately 1545 employees. This will include providing confidential counseling, assessment and referrals for individuals who may have substance-abuse, psychological, marital, family, financial, legal and/or other personal problems. 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), August 18, 2014 and referenced as Proposal No. 7677. 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. 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 or national origin. Questions concerning the scope of the project should be directed to the Project Manager, Amy Sharkey at (970) 416-2721 or asharkey@fcgov.com. Questions regarding bid submittal or process should be directed to Jill Wilson, Buyer at (970) 221-6216 or jwilson@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. 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, 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 7677 Employee Assistance Program Administration 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 7677 Employee Assistance Program Administration Vendors need to sign and return this Letter of Confidentiality to Jill Wilson, Buyer at jwilson@fcgov.com in order to obtain three (3) EAP Utilization files. Letter of Confidentiality RE: Utilization Files for RFP 7677- Employee Assistance Program Administration To the Signer, The City of Fort Collins is providing you with certain confidential information regarding the above-named subject to assist you in preparing a proposal to the City. In consideration of the City providing you with such information, to set forth a clear understanding of the mutual rights and obligations, and intending to be legally bound, the parties agree as follows: 1. You agree to maintain, in confidence, all information which we provide to you relating to the following three (3) files: 1) 2011 Annual EAP Utilization, 2) Annual EAP Utilization Jan-Dec 2012 and 3) Q4 EAP 01-01-13 to 12-31-13 (“Information”). 2. The Information will be used solely for the purpose of preparing a proposal in response to RFP 7677. The Information will not be used for your own or another's benefit, or for our detriment. 3. You will not reproduce, duplicate or make additional copies of the Information in any manner, without our written permission. 4. The Information will be disclosed solely to your employees who are directly responsible for evaluating the Information on a need-to-know basis. You will inform them of the obligations of this Letter of Confidentiality and obtain their written commitment to maintain the Information confidentially. You agree to take reasonable measures to restrain such employees from prohibited or unauthorized disclosures or use of the Information. In any event, you will be liable and responsible for any breach of this Letter of Confidentiality by you or any of your employees. WHEREFORE, the parties acknowledge that they have read and understand this Agreement and voluntarily accept the duties and obligations set forth herein. Recipient of Confidential Information: ______________________________ Name ______________________________ Title ______________________________ Signature _____________________ Date 7677 Employee Assistance Program Administration SCOPE OF SERVICES I. Introduction The City of Fort Collins is requesting proposals from firms for an Employee Assistance Program (EAP) to be offered to approximately 1545 employees. This will include providing confidential counseling, assessment and referral for individuals who may have substance-abuse, psychological, marital, family, financial, legal and/or other personal problems. Included in the “Request for Proposals” package is a draft copy of the Service Agreement (“Agreement”), attached and incorporated herein as Exhibit “A“, that the selected firm and the City will sign upon award. All of the elements of the Agreement are considered part of the Request for Proposal (RFP); however, the City may include additional terms and conditions in the Agreement as deemed necessary during contract negotiations. It is the intent of the City to enter into the Agreement, with options to renew the Agreement for additional one (1) year terms, to a maximum of four (4) additional one (1) year terms. All responses to this RFP must be prepared in accordance with the Proposal Requirements set forth in Section VI of this RFP. The City reserves the right to refuse any proposal not prepared according to the Proposal Requirements of Section VI. Supplemental material provided by the City is confidential and proprietary to the City. It is for your exclusive use in preparing a proposal and must not be shared with any other firm or used for any other purpose. The use of the City’s name in any way as a potential customer is strictly prohibited. The City assumes no responsibility for liability for any costs you may incur in responding to this RFP; including attending meetings, site visits or negotiations. II. Main Focus The main focus of this bid is as follows: 1. Your organization must have the ability to provide eight (8) 50-minute counseling sessions per family member per problem per calendar year, to be provided within a twenty (20) mile radius of the City of Fort Collins. 2. The Employee Assistance Program must be available, by phone, twenty-four (24) hours/day, seven (7) days/week. There must be a short response time to initial phone calls. The selected organization must have the resources to be able to schedule an appointment for a non-crisis situation within five (5) business days. If it is an emergency situation, the selected organization must have the resources to schedule an appointment within twenty-four (24) hours. 3. Employees must have access to qualified therapists, alcohol/drug abuse programs, financial and legal resources, support groups, etc. within our geographic area. 4. Your organization must have a system in place to provide effective follow-up with employees and their dependents who have utilized the EAP to ensure that the services provided were appropriate and effective. 7677 Employee Assistance Program Administration III. Additional Requirements 1. Employee Education a. Provide EAP informational posters and brochures as needed; b. Provide articles for employee newsletter as requested, usually monthly; and c. Attend annual Health Fair in September/October 2. Training: Act as a resource for training information and referrals. 3. Reports: Provide quarterly reports with usage, statistical and demographic information. 4. Accessibility: Provide a Personal Representative for Human Resource to contact based on needs. 5. Ability to contract outside of the network for special services/needs that cannot be supplied by providers within the current network. 6. Ability to add new counselors to the network. What is the process? What’s the time line? 7. Can the City offer a one- off contract for specialized counseling? What is that process? What is the timeline? 8. What is your Counselor population? - Type of Counselor - Gender of Counselor - Age of Counselor IV. Supplemental Proposal 1. Vendors should include an additional proposal that includes providing additional training support in the form of seminars or workshops. Each session would be approximately one (1) hour. A maximum of twelve (12) sessions per year will be made available to groups ranging in size from 10 to 150 employees. If this additional option is chosen, the topics, times, and locations would be established between an EAP representative and a City representative. The schedule and materials directly provided by the EAP will be determined jointly by the EAP and the City representative. 7677 Employee Assistance Program Administration 2. The City is in need of offering a Career Counseling program for succession planning purposes. Provide program information and costs if you were to offer this Career Counseling to City employees. What are the credentials for that specialized Counselor and would it be an additional fee? If so, please specify additional costs. V. Timetable The following is a proposed timetable developed for this project. You will be notified of any significant changes which might occur: Written questions due to The City August 8, 2014 Proposals due to The City August 18, 2014 Finalist vendors notified September 10, 2014 Onsite interviews of finalists (if necessary) Week of September 22, 2014 Finalist negotiations (completed) October 10, 2014 Plan effective date January 1, 2015 VI. Proposal Requirements Proposals should include the following information, numbered and in this order: 1. Explanation of firm’s philosophy toward the role of EAP’s. 2. Qualifications of your firm and years of experience administering EAP’s. 3. Number of clinicians available and qualifications/areas of expertise of the personnel proposed to perform the work. Provide a Geographical Report that shows the percentage of employees that have access to one of your providers within 5 miles/10 miles/20 miles or over. 4. A list of Larimer County clinicians within your network. 5. Guaranteed maximum length of response time for a call back to an employee. 6. What is the amount of time for follow-up with employees and their dependents who have utilized the EAP? 7. Guaranteed maximum length of wait for appointment for emergency and non- emergency situations. Within how many days will an appointment be scheduled for a non-crisis situation? 7677 Employee Assistance Program Administration 8. Information provided in quarterly usage/utilization reports. Provide us with examples of usage/utilization reports. Please include three (3) years of Employee Utilization Reports as exhibits to the proposal. 9. Experience with public entities. 10. Approach to customer service. (For example: Who receives the initial phone call and how is it processed? If working with a supervisor, does the supervisor call the EAP office or the therapist directly?) 11. Training programs available and general topics. 12. A minimum of three (3) references from other organizations you have provided EAP services to during the past give (5) years. 13. Cost per employee per month to cover the scope of services. 14. Cost per session for training programs – if the City elects this additional option. 15. Referral services for child and elder care may not be needed. What is the cost per employee per month without these services? 16. Other services offered through your firm and the cost. 7677 Employee Assistance Program Administration 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. The City may, at its option, choose the highest ranked firm based on the written proposals or select up to three (3) of the top rated vendors for oral interviews. 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 and methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? 7677 Employee Assistance Program Administration VIII. Reference Evaluation (Top Ranked Firm) The Project Manager will check references using the following qualification and standard criteria. The evaluation rankings will be labeled Outstanding/Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required for this project? Did they show flexibility and willingness to “go the extra mile” to ensure that the employees were given the appropriate amount and level of service? Timetable Did the vendor effectively manage the customer’s time? Were requests for information 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 Did the Professional possess the appropriate knowledge, skills and abilities, and resources to effectively administer this program? Was the contract operated smoothly? Other What problems (if any) did you encounter with this Professional? 7677 Employee Assistance Program Administration EXHIBIT A SAMPLE SERVICES AGREEMENT (For informational purposes, do not fill in or submit with proposal) THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider 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 " ", consisting of ( ) page , and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Service Provider mailed no later than ninety (90) days prior to contract end. 5. Contract Period. [Option 2] This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein 7677 Employee Assistance Program Administration provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 6. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 7. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 8. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit " ", consisting of ( ) page , and incorporated herein by this reference. Service Provider shall submit invoices to the City monthly. Payment will be made for all undisputed charges via Automatic Clearing House (“ACH”) direct account-to- account electronic deposit within thirty (30) days of receipt of an invoice. The Service 7677 Employee Assistance Program Administration Provider herein agrees to execute the applicable direct deposit authorization form. 9. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 10. Independent Service Provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 7677 Employee Assistance Program Administration 14. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 15. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 7677 Employee Assistance Program Administration 18. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 19. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 20. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 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 7677 Employee Assistance Program Administration Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and 7677 Employee Assistance Program Administration consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit “ “ - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. 7677 Employee Assistance Program Administration CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By:_______________________________ __________________________________ PRINT NAME __________________________________ TITLE Date:_____________________________ 7677 Employee Assistance Program Administration 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. 7677 Employee Assistance Program Administration EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.