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HomeMy WebLinkAboutRFP - 8207 SECURITY SERVICES FOR LIBRARY DISTRICT (2)RFP 8207 Security Services for Library District Page 1 of 18 REQUEST FOR PROPOSAL 8207 SECURITY SERVICES FOR LIBRARY DISTRICT The City of Fort Collins, on behalf of the Poudre River Public Library District, is requesting proposals from qualified firms for Security Services for the Library District. 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 hard copy proposals instead, six (6) copies, 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), January 4, 2016 and referenced as Proposal No. 8207. 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 Jean Bosch, Library Manager at (970) 221-6678 or jbosch@poudrelibraries.org. Questions regarding bid submittal or process should be directed to Ed Bonnette, CPPB, CPM, Senior Buyer at (970) 416-2247 or ebonnette@fcgov.com. All questions must be submitted in writing via email to Jean Bosch , with a copy to Ed Bonnette, no later than 5:00 PM our clock on Friday, December 11, 2015. Questions received after this deadline will not be answered. A copy of the RFP may be obtained at www.rockymountainbidsystem.com. 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. 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. 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 8207 Security Services for Library District Page 2 of 18 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 8207 Security Services for Library District Page 3 of 18 RFP 8207 SECURITY SERVICES FOR LIBRARY DISTRICT I. BACKGROUND The City of Fort Collins, on behalf of the Poudre River Public Library District, is requesting proposals from qualified firms for Security Services for the Library District. II. SCOPE OF SERVICES Security Services for Poudre River Public Library District - Old Town Library, Webster House Administrative Center, and Library Park Service Needs for Old Town Library, Library Park, and Webster House Administrative Center Expectations: * To help create a safe and welcoming environment for all library and park users. * To treat library and park users with courtesy and respect. * To conduct routine patrols during hours of operation including inside the library, perimeter of the buildings, and around the park. * To be on-call to help manage incidents in the library and park that do not require police assistance. * To assist with closing - make sure the building is cleared and secured. * To escort patrons and staff to vehicles if necessary. * To observe and record situations or incidents. * Be on-call for special events or activities in the library or park. Frequent issues include: * Alcohol consumption * Public drunkenness * Public urination * Drug use * Drug dealing * Smoking, vaping * Prostitution * Solicitation * Inappropriate use of restrooms for bathing, washing clothes, etc. * Verbal altercations between patrons and staff * Sleeping in the library * Camping in the park * Refusing to vacate the library when asked Time/Frequency of Issues: * Generally after 1:00 p.m. * The park has more issues during mild weather. * Inclement weather/extreme heat or cold causes more issues to occur inside the library. * Sleeping in the library is an issue that occurs year round and any time of day. 1. Personnel Requirements The personnel assigned to the Poudre River Public Library District Old Town Library, Webster House, and Library Park will have constant contact with patrons. It is RFP 8207 Security Services for Library District Page 4 of 18 imperative the individuals assigned to this cooperative possess good interpersonal and customer service skills. They should be comfortable and proficient in working with a diverse population. They should be skilled at de-escalating potential conflicts. The security officer must be at least twenty-one (21) years of age. Possession of a valid Colorado driver's license and a high school diploma or G.E.D. (General Equivalency Diploma) are preferred. All persons servicing this contract shall be in good physical health and fully capable of performing normal or emergency duties requiring moderate to arduous physical exertion such as standing or walking for an entire shift, climbing stairs, running, and self-defense. In addition, persons servicing this contract will be competently and thoroughly trained to perform their duties. Security personnel must read and write the English language to enable them to maintain a daily log of events, prepare accurate and timely incident reports, communicate via email and in written form, and to converse with the public and staff. Security personnel should be permanently assigned when possible in effort to maintain regular contact with staff and patrons and to keep up-to-date with the site's needs and issues. The security vendor must provide personnel to cover the duties in the event of an illness or emergency. The security vendor will be responsible for removal of personnel servicing this contract who do not meet or perform in accordance to the requirements in this contract. When new security personnel are assigned, the security vendor must ensure they receive appropriate training from the Library representative and security vendor supervisor. Security officers must be Colorado P.O.S.T. certified as a police officer. Security officers must be trained and be kept current in American Red Cross first aid and C.P.R., or equivalent. Security officers must have a background check by the agency going back five (5) years. Security officers must never have been convicted of a felony. The security agency must require a physical and urine analysis testing before hiring. A review of each individual’s background check and an interview of each candidate by the Library District representative must occur before an authorization will be given to allow any security officer to work in the Library District. Violation of this specification will be grounds to terminate services with the security services provider. 2. Location The service location includes Library Park, including the Poudre River Public Library District Old Town Library and the Webster House Administrative Center. 3. Time of work Hours of security service encompass the hours of public operation at Old Town Library. These hours include 9:00 a.m. to 9:00 p.m., Monday through Thursday; 9:00 a.m. to 6:00 p.m., Friday; 9:00 a.m. to 5:00 p.m., Saturday; and 12:00-5:00 p.m., Sunday. An additional security officer will be scheduled based on the patterns of criminal and nuisance behavior observed in the library and park. This schedule may change as needs change and the vendor must respond from input of the library staff. RFP 8207 Security Services for Library District Page 5 of 18 4. Uniform: Uniform will be a casual dress uniform consisting of a button-front shirt, slacks, and badge/other insignia to identify as security personnel. Security personnel’s appearance must be neat and professional. Uniforms will be supplied by the security vendor. 5. Contact Information and Methods The security vendor must provide a smartphone with camera and email features for security personnel. The smartphone number must be given to Old Town Library and Webster House Administrative Center staff. Calls must be answered and/or messages responded to within five (5) minutes. The smartphone camera will be used to document criminal and nuisance behavior and that information provided to library management as necessary. Email will assist in communications and information sharing between security and library staff. 6. Communication with Library Staff: The security vendor will attend quarterly review meetings with the library manager to provide and update of activities and issues. The vendor will supply a monthly written summary of activity including types and frequency of contacts. The security personnel will maintain a daily log of the shift activities. The daily log will include a summary of activities during rounds and details about any unusual incidents that occur during the shift. 7. Worker's Compensation: The security vendor must provide the proper amount of Worker's Compensation Insurance to security personnel. The security vendor is responsible for compliance with all federal and state wage and labor laws. 8. The agency must be familiar with OSHA (Occupational Safety and Health Act) and operate within those guidelines. 9. From time to time, incidents may occur that require the security officer to contact the Fort Collins Police Department (FCPD). When FCPD is contacted, a police case number must be included on the daily report and any incident report that is completed by the security officer. Items that must be reported to the police include, but are not limited to, the following: 1) When a vehicle is damaged by either another vehicle or vandalism. 2) Any sort of physical altercations. 3) Any verbal altercations that involve threats of physical harm. 4) Any display of a weapon, or threat to use a weapon. 5) Vandalism to the Library structures or any of the equipment. Graffiti would be excluded unless the responsible person has been detained. 6) Contact with an inebriated individual. If a crime has been committed on Library property, the police should be notified. They will make the judgment as to whether the incident warrants dispatching an officer. III. SUBMITTAL REQUIREMENTS The City’s intent is to choose the most qualified firm based upon approach, methods, qualifications and experience, availability, and Cost Schedule. Once a firm is selected, a detailed scope of services will be developed for the Services Agreement. Of prime importance is the firm’s flexibility in responding to services as requested by Library and/or City staff. RFP 8207 Security Services for Library District Page 6 of 18 Submittals are to be limited to 10 pages or less, exclusive of work product samples. All respondents are required to include the following information in the submittal as a minimum. Respondents are to number and name each section as follows: 1. Methods and Approach - Describe your expected or recommended approach to addressing Scope of Services described above. Describe the anticipated interaction with the City. a. Sustainability: All qualified consulting firm/teams participating in the submitted proposal are to explain in detail what their organization does in the way of a Sustainability Plan as a subset of this section. This is to include as a minimum what you do in the way of use of materials, equipment, vehicles, fuel, recycling, office practices, etc. as an organization that demonstrates leadership and that you “walk the talk” in regard to sustainable practices within your own organization. 2. Qualifications and Experience - Provide relevant information regarding previous experience related to developing similar plans and services to the ones listed under our Deliverables above:  Number of years in the business.  Overview of services offered and qualifications  Names and location of similar projects. Three references of such projects, to include: a) Service provided b) Date of service c) Client organization d) Contact name and title, phone, and e-mail address of client agency reference(s) overseeing the security services. 3. List of Project Personnel - This list should include the identification of the contact person with primary responsibility for this contract, the personnel proposed for this contract, and any supervisory personnel, including partners and/or subconsultants, and their individual areas of responsibility. A résumé for each professional and technical person assigned to the contract, including partners and/or subconsultants, shall be submitted. The résumés shall include at least three references from previous assignments. 4. Availability – Describe the availability of project personnel to participate in this project in the context of the firm’s other commitments. AS PART OF YOUR PROPOSAL RESPONSE UNDER “AVAILABILITY”, PLEASE INDICATE YOUR AVAILABILITY FOR ON-SITE INTERVIEW IN FORT COLLINS, COLORADO THE WEEKS OF JANUARY 18 AND JANUARY 25, 2016 IN THE EVENT YOU ARE INVITED FOR AN ORAL INTERVIEW ROUND. 5. Cost Schedule – RFP 8207 Security Services for Library District Page 7 of 18 Our company will supply security per specifications for: Old Town Library, Webster House, and Library Park: $_________/month x 12 = Year Total $____________ Complete and return this Cost Schedule and the Vendor Statement as part of your submitted Proposal. IV. VENDOR STATEMENT: I have read and understand the specifications and requirements for this Request for Proposal and I agree to comply with such specifications and requirements. I further agree that the method of award is acceptable to my company. I also agree to complete SERVICES AGREEMENT with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. FIRM NAME: ADDRESS: EMAIL ADDRESS: PHONE: BIDDER’S NAME: SIGNATURE: PRIMARY SERVICES ISSUES CONTACT: TELEPHONE: CELL: EMAIL: Compensation and Contract Process A. After contract award, progress invoices shall be billed in monthly installments, subject to review and approval by the Library’s Project Manager. Payment terms will be Net 30 Days from receipt of invoice. B. The selected Contractor shall be expected to sign the City’s standard Services Agreement prior to commencing Services (see sample attached to this Proposal). C. The City reserves the right to award directly as a result of the written proposals. The City may or may not opt to conduct oral interviews. D. The City reserves the right to negotiate with any vendor as determined at the City’s and/or the Library District’s sole discretion. The City reserves the right to reject any or all proposals, and to waive any irregularities. The City and/or the Library District reserve the right to extend this resulting Agreement to cover other Locations. COMMODITY CODES USED FOR THIS RFP: 99046 – Guard and Security Services RFP 8207 Security Services for Library District Page 8 of 18 V. 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 any 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 2.0 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? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? 2.0 Cost and Work Hours Does the proposal include 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? 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? RFP 8207 Security Services for Library District Page 9 of 18 Definitions Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition of Andrew Savitz for TBL is that it “captures the essence of sustainability by measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” Reference Evaluation (Top Ranked Firm) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs? Did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge If a study, did it meet the Scope of Work? RFP 8207 Security Services for Library District Page 10 of 18 VI. SAMPLE AGREEMENT – FOR REFERENCE ONLY 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", as agent, on behalf of the Poudre River Public Library District (District), 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 pages 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 "B", consisting of ( ) pages, 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. 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. 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 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. 6. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the RFP 8207 Security Services for Library District Page 11 of 18 City or District 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: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 Copy to: Seter & Vander Wall, P.C. 7400 E. Orchard Rd, Ste 3300 Greenwood Village, CO 80111 Copy to: Poudre River Public Library District Attn: Ken Draves 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. 7. 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 "A", consisting of pages, and incorporated herein by this reference. 8. 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. 9. 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. 10. 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 RFP 8207 Security Services for Library District Page 12 of 18 of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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 RFP 8207 Security Services for Library District Page 13 of 18 attorney fees and costs incurred because of the default. 16. 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. 17. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City and District, their 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 District as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, 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. 18. 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. 19. 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. 20. 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 RFP 8207 Security Services for Library District Page 14 of 18 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 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. RFP 8207 Security Services for Library District Page 15 of 18 21. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of ( ) pages, attached hereto and incorporated herein by this reference. RFP 8207 Security Services for Library District Page 16 of 18 POUDRE RIVER PUBLIC LIBRARY DISTRICT BOARD OF DIRECTORS PRESIDENT By: Date: POUDRE RIVER PUBLIC LIBRARY DISTRICT ACTING THROUGH ITS AGENT THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney SERVICE PROVIDERL'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 8207 Security Services for Library District Page 17 of 18 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 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.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. RFP 8207 Security Services for Library District Page 18 of 18 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the Poudre River Public Library District (the “District”), acting through its agent, 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 District and the City have 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 District and the City or their 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 District and the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the District and/or the City, or that relates to the business of the District and/or the City, or that is used by the District and/or 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 District and/or 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 District and/or 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 District and/or 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 District and/or the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the District and/or the City, or the District and/or the City so requests for any reason, the Service Provider shall promptly return to the District and 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 District and 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 District and 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.