Loading...
HomeMy WebLinkAboutRFP - 7526 FLEXIBLE SPENDING ACCOUNT ADMINISTRATOR (2)RFP 7526 Flexible Spending Account Administrator Page 1 of 22 REQUEST FOR PROPOSAL 7526 FLEXIBLE SPENDING ACCOUNT ADMINISTRATOR The City of Fort Collins is requesting proposals from qualified firms to provide administrative services for the flexible spending accounts for medical and dependent care programs for City employees. Proposals submission via email is preferred. Proposals shall be submitted n Microsoft Word or PDF format and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, four (4) 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 2, 2013 and referenced as Proposal No. 7526. 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, national origin for all proposals for negotiated agreements. Questions concerning the scope of the project should be directed to Project Manager, Amy Sharkey- Compensation, Benefits & HRIS Mgr., at (970) 416-2721 or asharkey@fcgov.com. Questions regarding bid submittal or process should be directed to David Carey, CPPB, Buyer at (970) 416-2191 or dcarey@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 7526 Flexible Spending Account Administrator Page 2 of 22 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 7526 Flexible Spending Account Administrator Page 3 of 22 REQUEST FOR PROPOSALS 7526 FLEXIBLE SPENDING ACCOUNT ADMINISTRATOR I. BACKGROUND The City of Fort Collins (“The City”) currently provides a Flexible Spending Account Medical and Dependent Care benefit to approximately 1589 active employees. Approximately 523 employees participate in the Medical Flexible Spending Account and approximately 71 employees participate in the Dependent Care Flexible Spending Account (49 employees participate in both). The maximum annual contribution for Health Care is $2,500 per 12-month Plan Year. The maximum annual contribution for Dependent Care is $5,000 per 12- month Plan Year of if the employee is married and files a separate income tax return, contribution amount is up to $2,500 per 12-month Plan Year. Plan Year is defined as January 1 – December 31 of each year. The City of Fort Collins did not adopt the definition of 14-½ months as its Plan Year. Currently, active employee deadline to file claims is March 31st following the end of the plan year, or earlier if the account balance is exhausted. Terminated employees may file reimbursement claims only for charges incurred on or before your termination date but while you were a participant; such claims must be filed within 90 days following your employment termination date. Newly hired employees may elect to participate within thirty days of becoming eligible for group insurance which is the first day of the month following completion of 30 calendar days of continuous service. The City believes that an essential factor in managing the cost/service/quality balance is the relationship with each of its business partners. The City will view the selected vendor as an active partner in assuring employee satisfaction. The City current uses a vendor that offers the debit card option, online account access for both the employer and the employee, and direct deposit. All options are essential services that must be offered by any vendor that would partner with the City. II. PROPOSAL PROCESS INFORMATION AND REQUIREMENTS The intent of this RFP is to confirm key information about specific proposers and receive financial proposals. The following describes the anticipated proposal process, including confidentiality, timing, expected response format, and requirements for interaction regarding questions. Please note that The City reserves the right to accept or reject any and all proposals, to waive any technicalities or irregularities therein, to award contracts, or to withdraw the request for proposal without awarding a contract. RFP 7526 Flexible Spending Account Administrator Page 4 of 22 Your response to this RFP and any subsequent correspondence related to this proposal process will be considered part of the contract, if one is awarded to you. Under no circumstances are commissions related to The City’s medical benefits payable to anyone in conjunction with this request. A. Confidentiality All data included in this RFP and accompanying appendices, as well as any attachments, are 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. B. Timetable The following is a proposed timetable developed for this project. You will be notified of any significant changes which might occur: Appendices sent to organizations that have returned Business Associate Agreements As agreements are returned to the City of Fort Collins Written questions due to the City July 19, 2013 Written proposals due to the City August 2, 2013 Finalist vendors notified August 26, 2013 Finalists interviews Week of September 9, 2013 Contract negotiations (completed) September 30, 2013 Plan effective date January 1, 2014 C. Response Format Your proposal must clearly indicate the name of the responding organization, as well as the name, address, telephone number, and email address of the primary contact at your organization for this proposal. Your proposal must include the contact name for local service and account management whom The City can call directly. Proposal must be received at the City of Fort Collins' Purchasing Division no later than 3:00 p.m. (our clock) on August 2, 2013. 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, proposals shall be received as follows: If delivered: City of Fort Collins, Purchasing Reference: RFP 7526 215 North Mason, 2nd Floor Fort Collins, Colorado 80524If mailed: City of Fort Collins, Purchasing Reference: RFP 7526 PO Box 580 Fort Collins, CO 80522-0580 RFP 7526 Flexible Spending Account Administrator Page 5 of 22 Questions regarding this RFP are due to The City no later than July 19, 2013. A written response to substantive questions will be provided to all proposers. The City assumes no responsibility or liability for any costs you may incur in responding to this RFP, including attending meetings, site visits or negotiations. D. Deviations from RFP Specifications All responses to the Request for Proposal must be prepared in accordance with the Proposal Requirements set forth in Section IV of this RFP. The City reserves the right to refuse any proposal not prepared according to the Proposal Requirements of Section VI. The City retains the right to directly negotiate the finer points of your proposal that comply in spirit with this RFP and that satisfy The City’s objectives for effective, interactive and proactive claims and network administration. The City may, at its discretion, authorize Mercer to negotiate with any proposer on its behalf. The City shall not be bound to accept the proposal with the lowest price. The RFP may be amended or revoked at any time prior to final execution of an Agreement by The City. Any deviations from this RFP must be clearly explained in your proposal. These deviations are to be delineated as instructed in the Proposal Requirements as set forth in Section IV of this RFP. It is intended that you should conform to these specifications as much as possible. Do not quote alternative plan designs unless absolutely necessary. Please quote the requested financial arrangements only. Your company will be bound to comply with the provisions set forth in this RFP unless any and all deviations are explicitly stated in your proposal. E. Miscellaneous The City shall not infringe upon any intellectual property right of any vendor, but specifically reserves the right to use any concept or methods contained in the proposal. Any desired restrictions on the use of information contained in the proposal should be clearly stated. Responses containing your proprietary data shall be safeguarded with the same degree of protection as The City’s own proprietary data. All such proprietary data contained in your proposal must be clearly identified. The City may use its Benefits Consultant, Hays Companies of Denver, to review the proposals. Neither The City nor Hays shall be under any obligation to return any materials submitted in response to this RFP. The City expects to enter into a written Agreement (the “Agreement”) with the chosen vendor (“Chosen Vendor”) that shall incorporate this RFP and your proposal. The anticipated terms and conditions of the Agreement are set forth in this RFP; however, The City may include additional terms and conditions in the Agreement as deemed necessary. RFP 7526 Flexible Spending Account Administrator Page 6 of 22 III. PROPOSAL SUBMITTAL A. Proposal Requirements Your response should be organized into the following sections:  Section I Executive Summary  Section II Proposal Compliance Letter (Must be signed by an authorized officer of your organization signifying your proposal’s complete compliance with the RFP specifications, except as specifically noted in the appropriate sections)  Section III Questionnaire Responses  Section IV Financial Exhibits  Section V Items Included with Proposal (these items should be indexed) IV. QUESTIONNAIRE Instructions: This section is to request additional information for evaluating services you provide that would best meet The City’s needs. All explanations should be labeled and tabbed in the response to the RFP. If you are unable to answer a question, please indicate why you cannot. If you are unwilling to disclose particular information asked in a question, please indicate why you will not respond. A. General Administration 1. What is the core business you administer? 2. How long have you been administering FSA plans? 3. What is your target market size, and what size groups do you work with? FSA Administration – General 1. What format do you use for accepting claims (web, email, fax, mail)? 2. Will you provide reimbursements by either check or direct deposit? Can each participant elect one or the other? Is there an additional charge for either process? What is the turnaround time for reimbursement if by check? Direct deposit? 3. What is the minimum amount of FSA reimbursement you will process? 4. What is the turnaround time for reimbursement if debit card is not used? 5. Will you provide discrimination testing for FSA plans? Indicate if there are any additional charges. RFP 7526 Flexible Spending Account Administrator Page 7 of 22 6. Will you and can you administer the City’s FSA plan per our plan document versus a standardized plan document you may have for your clients? FSA Administration – Debit Card 1. Are debit cards automatically sent to ALL participants or does the participant need request a card? How long does it take to get a card? Are the debit cards already activated when mailed? 2. Is there is a charge for the card? Who pays the charge, the employer or the employee? If so, how much? 3. Can participants request additional cards for their spouse or dependent(s)? If so, is there a charge for additional cards? 4. Can the participant pay for the debit card out of their FSA account? If so, when will it be deducted from their account? 5. When is the card issued for new employees? 6. What is the year-end process for de-activating and/or issuing/re-issuing new cards? 7. Can participants opt out of receiving the card? 8. What is the process for canceling the debit card if it is lost or stolen? B. Customer Service/Account Management 1. Please provide the location of the customer service unit that would be assigned to the City. Will there be a dedicated person assigned to the City? 2. What are the proposed days and hours of operation staffed by live customer service representatives for the customer service unit? 3. What type of training do your Representatives go through to ensure quality service? 4. Please provide the number of staff members employed full time within the company. What is the ratio of your customer service representatives to the number of clients you service? 5. Do you provide a 24-hour toll-free number and/or website access for employee questions or access to their account, submit claims, etc.? 6. Please provide the most recent calendar year results for the administration office that will be administering our client’s claims for:  Average speed of answer  Call abandonment rates  Total number of calls received 7. How is an employee notified of an ineligible reimbursement? How is the ineligible reimbursement reconciled? 8. How often do you send participants “requests for documentation”? RFP 7526 Flexible Spending Account Administrator Page 8 of 22 C. Implementation Services 1. Describe your overall account management services during the implementation 2. Provide a copy of your proposed implementation timetable with a January 1, 2014 implementation date. 3. Will a Client Administration Manual will be included with implementation? 4. What, if any, are your implementation costs? D. Data Reporting Capabilities 1. Do you require Social Security # or can you accept alternate ID #s? 2. What data is required from an employer initially and on a bi-weekly basis to maintain your account systems for open enrollment, new hires, terminations, etc.? 3. In what format can you receive and transmit eligibility data including additions and deletions? 4. Please submit a copy of your file format specifications for electronic transmissions. 5. Do you have any limitations with electronic payroll systems? Please describe your technology capabilities. 6. Describe the security parameters for your systems both for the employer and the employees (ex: passwords). Do you require an email address for online access? 7. What is your timeframe for receiving annual open enrollment processing dates? 8. Can your systems accommodate the 14 ½ month eligible reimbursement extension? 9. Does the City have the capability to view our participant’s claim and transaction status online? 10. Are you able to furnish reports or electronic files for payment status? How often? What is included in these reports? Please provide a sample. 11. Do you provide employer and employee statements if no online or phone access available? What do your statements look like? Please provide a sample. E. Communications 1. Do you provide any of the following (provide samples of materials, reimbursement statements, etc.):  Plan Documents RFP 7526 Flexible Spending Account Administrator Page 9 of 22  Summary Plan Description  Enrollment kits  Claim forms  Explanation of Benefits/Statements  Other communication materials Is there an additional charge for any of these services? 2. Are you available and willing to attend open enrollment meetings? Is there an extra cost? 3. Do you have a “new member” kit available for new enrollees during the year? 4. Are we able to tailor new member kit materials to our specifications? F. Quality Assurance/Compliance/Financial 1. Describe your quality control and audit procedures. 2. Please confirm that your organization administers all programs according to all federal laws. How do you stay informed of and implement changes to reflect the laws/regulations? 3. Will you provide the City (not participants/employees) with legislative updates? If so, how do you obtain this information and how do you disseminate it to the City? 4. What amount of general professional and liability insurance do you maintain? 5. What is your rate guarantee? Are you willing to provide rate caps if you cannot provide a multi-year rate guarantee? 6. Provide an outline of your performance guarantees. 7. Provide a minimum of 3 references. RFP 7526 Flexible Spending Account Administrator Page 10 of 22 V. 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 optional interview session. The City reserves the right to select solely on the basis of the written proposal. At discretion of the City, interviews of top rated firms may be held. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? RFP 7526 Flexible Spending Account Administrator Page 11 of 22 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 7526 Flexible Spending Account Administrator Page 12 of 22 VI. SAMPLE SERVICES AGREEMENT SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) page , and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect RFP 7526 Flexible Spending Account Administrator Page 13 of 22 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 Professional mailed no later than ninety (90) days prior to contract end. 5. Contract Period. [Option 2] This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 6. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 7. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: RFP 7526 Flexible Spending Account Administrator Page 14 of 22 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, ($ ) as per the attached Exhibit " ", consisting of page , and incorporated herein by this reference. 9. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 10. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. Service Provider may, however, subcontract the […] work or other portions of the Work by providing notice to the City of its intent to do so. If any of the Work is subcontracted hereunder (with the consent of the City), then the following RFP 7526 Flexible Spending Account Administrator Page 15 of 22 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. 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. RFP 7526 Flexible Spending Account Administrator Page 16 of 22 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. 18. Indemnity/Insurance. RFP 7526 Flexible Spending Account Administrator Page 17 of 22 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. RFP 7526 Flexible Spending Account Administrator Page 18 of 22 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. 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 RFP 7526 Flexible Spending Account Administrator Page 19 of 22 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 consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of ( ) pages, attached hereto and incorporated herein by this reference. RFP 7526 Flexible Spending Account Administrator Page 20 of 22 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY RFP 7526 Flexible Spending Account Administrator Page 21 of 22 EXHIBIT INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. RFP 7526 Flexible Spending Account Administrator Page 22 of 22 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the 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.