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HomeMy WebLinkAboutRFP - 8400 LEADERSHIP DEVELOPMENT ASSESSMENT & TRAINING (2)RFP- 8400 Leadership Development, Assessment & Training Page 1 of 18 REQUEST FOR PROPOSAL 8400 LEADERSHIP DEVELOPMENT, ASSESSMENT & TRAINING The City of Fort Collins (City) is requesting proposals from experienced leadership training and coaching consultants and/or firms to partner with the Learning & Organizational Development Manager, with supplying leadership training and coaching to support the City’s Leadership Development programs. 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), October 28, 2016 and referenced as Proposal No. 8400. 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 Doreen Kemp at (970) 970- 416-2430 or dkemp@fcgov.com. Questions regarding bid submittal or process should be directed to Jill Wilson, Buyer at (970) 221-6216 or jwilson@fcgov.com. All questions must be submitted in writing via email to Doreen Kemp, with a copy to Jill Wilson, no later than 5:00 PM our clock on October 19, 2016. Questions received after this deadline will not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Commodity Codes used for this RFP: 91832 Consulting Services (Not Otherwise Classified) 91838 Education and Training Consulting 91883 Organizational Development Consulting A copy of the RFP may be obtained at www.bidnetdirect.com/colorado. The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP- 8400 Leadership Development, Assessment & Training Page 2 of 18 their entirety. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than one (1) page, 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- 8400 Leadership Development, Assessment & Training Page 3 of 18 REQUEST FOR PROPOSAL 8400 LEADERSHIP DEVELOPMENT, ASSESSMENT & TRAINING I. BACKGROUND INFORMATION The City of Fort Collins is a community of approximately 168,500 highly educated and engaged residents located approximately 60 miles north of Denver along Interstate 25. The City utilizes a Council-Manager form of government and is governed by an elected seven member Council, including an elected mayor. The City of Fort Collins Human Resources Department – Learning & Organizational Development Division is requesting proposals from experienced leadership training and coaching consultants and/or firms to partner with the Learning & Organizational Development Manager, with supplying leadership training and coaching to support the City’s Leadership Development programs. The goals of the City’s leadership programs are to build their talent pipeline and grow leaders in the domains of organizational culture and organizational design (structures) that drive the City’s business strategies. The City expects to enter into a Services Agreement (Agreement) with the awarded firm. The anticipated terms and conditions of the Agreement are set forth in attached Exhibit “A”, Sample Services Agreement, consisting of eight (8) pages and incorporated herein by this reference; however, the City may include additional terms and conditions in the Agreement as deemed necessary. The following Scope of Services will be incorporated in the Agreement, subject to contract negotiations (if applicable). II. SCOPE OF SERVICES A. LEARNING & ORGANIZATIONAL DEVELOPMENT The City’s Learning & Organizational Development Manager has the primary role of managing, administering, and evaluating the Leadership Development Programs. The City’s Leadership Development programs function as a key Human Resources strategy, as a part of the City’s workforce development plan of attracting, retaining, developing and engaging employees. Additionally, Leadership Development aligns and supports another workforce development component – succession planning and deployment. Succession Planning identifies possible internal replacements for key positions and provides a process for developing employees to meet the challenges of future leadership needs across the organization. B. LEADERSHIP DEVELOPMENT The selected Service Provider will partner with the Learning & Organizational Development Manager to deliver training and coaching services to all leadership levels in the organization. It is the intention of the City to sustain and perhaps expand the current leadership development program throughout the organization; depending upon program outcomes and future funding. Therefore, any tools, curriculum, or strategies must be available for use by the City in any such expansion of the program. Respondents must provide an estimate of any external costs of licensing or use of proprietary tools or curriculum utilized in the leadership development program, which would be incurred by the City in such an expansion. At the option of the City, this contract may be used for similar work. C. PROGRAM LEVELS The Leadership Development Program encompasses four (4) levels to categorize, in broad terms, the experiences, exposure, behaviors and awareness of City employees. For 2017, four (4) levels have been identified, and they are: Lead 1.0 – Emerging/Beginning Leaders; RFP- 8400 Leadership Development, Assessment & Training Page 4 of 18 Lead 2.0 – Intermediate Leaders, Lead 3.0 – Advance Leaders, and Lead 4.0 – Executive Leaders. Proposals should be composed with these levels in mind. The Program Levels are defined as: Lead 4.0 - Executive Level # of Attendees: 8-12 All Executive and Service Area Directors Phase 1: Individual Focus 360º Self-Assessment Tool / Observer Tool. Pre-Test 360º Self-Assessment Assessment Results Workshop 1:1 external coaching sessions – approximately 12-15 sessions. Create Leadership Development Plan with assistance of external coach Strength Finder Emotional/Social Intelligence DiSC Workstyle Profile Phase 2: Team Focus Classroom-based trainings based on Individual Development Plan/Group’s interest Teambuilding activities / Organizational or Community Project Presentations (operations and leadership topics) Stretch-goal assignments or special projects Phase 3: Organizational Focus 360º Self-Assessment Tool / Observer Tool. Post-Test 360º Self-Assessment Assessment Results Workshop Post Graduation Action Plan Teach future topic or mentor/coach future participants Lead 3.0 - Advance Level # of Attendees: 30 All Division and Department Directors Phase 1: Individual Focus 360º Self-Assessment Tool / Observer Tool. Pre-Test 360º Self-Assessment Assessment Results Workshop 1:1 external coaching sessions – approximately 10-12 sessions Create Leadership Development Plan with assistance of external coach Strength Finder Emotional/Social Intelligence DiSC Workstyle Profile Phase 2: Team Focus Classroom-based trainings anchored to Team Development Model Teambuilding activities / Organizational or Community Project Presentations (operations and leadership topics) Stretch-goal assignments / special projects Phase 3: Organizational Focus 360º Self-Assessment Tool / Observer Tool. Post-Test 360º Self-Assessment Assessment Results Workshop Post Graduation Action Plan Teach future topic or mentor/coach future participants RFP- 8400 Leadership Development, Assessment & Training Page 5 of 18 Lead 2.0 - Intermediate Level # of Attendees: 30 All Department Manager and Supervisors. Phase 1: Individual Focus 360º Self-Assessment Tool / Observer Tool Pre-Test 360º Self-Assessment Assessment Results Workshop 1:1 external coaching sessions – approximately 10-12 sessions Interpersonal Assessment Tool Interpersonal Assessment Results Workshop Create Leadership Development Plan with assistance of external coach Strength Finder Emotional/Social Intelligence DiSC Workstyle Profile Phase 2: Team Focus Classroom-based trainings anchored to Team Development Model Teambuilding activities / Organizational or Community Project Presentations (operations and leadership topics) Stretch-goal assignments / special projects Phase 3: Organizational Focus 360º Self-Assessment Tool / Observer Tool Post-Test 360º Self-Assessment Assessment Results Workshop Post Graduation Action Plan Complete organizational project Coach future participants Lead 1.0 - Emerging/Beginning Level # of Attendees: 28 High potential employees or newly promoted/hired supervisors Phase 1: Individual Focus 360º Self-Assessment Tool / Observer Tool. Pre-Test 360º Self-Assessment Assessment Results Workshop 1:1 external coaching sessions – approximately 10-12 sessions Interpersonal Assessment Tool Interpersonal Assessment Results Workshop Create leadership Development Plan with assistance of external coach Strength Finder Emotional/Social Intelligence DiSC Workstyle Profile Phase 2: Team Focus Classroom-based trainings anchored to Team Development Model Teambuilding activities / Organizational or Community Project Stretch-goal assignments / special projects Phase 3: Organizational Focus 360º Self-Assessment Tool / Observer Tool. Post-Test 360º Self-Assessment Assessment Results Workshop Post-Graduation Action Plan Present to City’s Leadership RFP- 8400 Leadership Development, Assessment & Training Page 6 of 18 D. PROGRAM COMPONENTS As stated above, the Leadership Development program components are designed to achieve the goals of building the City’s talent pipeline and grow leaders in the domains of organizational culture and organizational design (structures) that drive the City’s business strategies. The following program components include but are not limited to:  Measurement model to evaluate Return on Investment (ROI) or Return on Expectations (ROE) or Business Outcomes;  Leadership competency 360-degree assessment and interpretation of assessment results. 360 assessment tool will be Voices360 from Korn/Ferry;  Personality Preference Indicator and interpretation;  Workplace Behavior Profile, i.e., Everything DiSC;  Strength based preference or assessment i.e., StrengthsFinder;  Individual external coaching for all leadership levels – emerging to executive;  Teach/facilitate leadership subject matter or curriculum;  Provide online training options or webinars to teach/facilitate leadership development;  Seminars;  On-the-Job training;  Activities (i.e., reading material, books, blogs, homework, shadow experiences); and  Project or stretch assignments III. TIMELINE The following is a proposed timetable developed for this RFP and may be subject to change. ITEM: DATE: Questions due to the City October 19, 2016 at 5:00 P.M. (our clock) Submittal Deadline October 28, 2016 at 3:00 P.M. (our clock) Interviews (at the City’s option) Week of November 14th, 2016 Contract Signing Week of November 21st-28th, 2016 IV. SUBMITTAL REQUIREMENTS The following information must be included in the proposal and will be evaluated according to the criteria annotated in Section VI of this RFP. Required proposal documents must be arranged and numbered in the order listed below. Proposals shall be limited to twenty five (25) pages. The City reserves the right to reject any proposal exceeding these limits or omitting any submittal requirement. Be sure to include Firm’s name and address, as well as the name and contact information of the primary contact for this project, including contact’s email. Scope of Proposal 1. Provide a brief description of your firm’s coaching experience and history, identifying the experience of coaching that is available; i.e., executive, advance, intermediate, or beginning level (principle, associate, or junior trainer) and what your firm has the most experience with. 2. Provide a description of all tools, interview instruments, software or other items that your firm plans to use pursuant to the program components specified in the Scope of Services. In addition, provide a sample of the results produced by each item described in the proposal. RFP- 8400 Leadership Development, Assessment & Training Page 7 of 18 3. Specify the curriculum for leadership development your frim plans to utilize to coincide with the Scope of Services and note which tools will be used to support each task/phase. 4. Acknowledge consent to adhere to the Scope of Services and sample Agreement (including Insurance Requirements) by completing and submitting the Vendor Statement, attached and incorporated herein on page 10. Assigned Personnel & Availability 5. Provide a list of key personnel who will be involved, their roles and availability to administer these services. 6. Include a projected timeline for each task/phase by Program Level. Sustainability/TBL Methodology 7. Provide an overview of the firm’s philosophy and approach to Sustainability. In no more than one (1) page, please describe how your firm strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. Cost and Work Hours 8. State the cost to provide services defined in this RFP, detailing the cost by task/phase for the completion of this project. 9. Provide a timeline for estimated hours, by task/phase, including the time required of staff for interviews, meetings, conference calls, etc. Firm Capability 10. Provide three (3) examples of your firm’s experience in providing leadership development for municipal government agencies and quasi-government agencies that can serve as references. Each example must include a brief description of the services provided. Include the name and address of each referenced company, as well as the name, title, and phone number of the referenced contact person. V. PROPOSAL GUIDELINES The City assumes no responsibility for liability for any costs firms may incur in responding to this RFP; including attending meetings, interview sessions and/or contract negotiations. This RFP may be amended and/or revoked at any time prior to final execution of an Agreement with the City. In evaluating the proposals, the City may seek information from a Proposer to clarify their proposal. In that event, Proposer must submit written and signed clarifications and such clarifications shall become part of the proposal. All proposals shall remain subject to initial acceptance ninety (90) days after the day of submittal. At the option of the City, interviews may be conducted for the highest ranked firms following evaluation of written proposals. Firms invited to interview will be requested to interview on- site on a date specified by the City. An anticipated timeline is annotated in Section III of this RFP. RFP- 8400 Leadership Development, Assessment & Training Page 8 of 18 VI. REVIEW AND ASSESSMENT Firms will be evaluated using on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview session. 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/Deliverables Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and deliverables required by the project? Are there any exceptions to the Scope of Services 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? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Services for the project, and their day-to-day business operating processes and procedures? 2.0 Cost and Work Hours Does the proposal included detailed cost break-down for each cost element as applicable and are the 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, capacity and support capabilities required to successfully meet service schedules? Has the firm successfully completed previous projects of this type and scope? RFP- 8400 Leadership Development, Assessment & Training Page 9 of 18 VII. REFERENCE EVALUATION (TOP RATED FIRM) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Service Provider again? Did they show the skills required by this project? Timetable Was the original Scope of Services completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Service Provider responsive to client needs; did the Service Provider anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Services completed within the project budget? Job Knowledge Were problems corrected quickly and effectively? RFP- 8400 Leadership Development, Assessment & Training Page 10 of 18 VENDOR STATEMENT I have read and understand the specifications and requirements for RFP 8400 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 a Services Agreement and will submit required insurance certificates to the City of Fort Collins (City) within fifteen (15) days of notice of award. I understand that if the contract is not completed and signed within 15 days, the City reserves the right to cancel and award to the next highest ranked firm. FIRM NAME: ADDRESS: CITY, STATE, ZIP: PHONE: CONTACT’S NAME: SIGNATURE: TELEPHONE: CELL: EMAIL: RFP- 8400 Leadership Development, Assessment & Training Page 11 of 18 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 ( ) 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. 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. 3. Contract Period. This Agreement shall commence upon contract signing and shall continue in full force and effect until , 2017, 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. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 4. 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. 5. 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- 8400 Leadership Development, Assessment & Training Page 12 of 18 Service Provider: City: Copy to: Attn: City of Fort Collins Attn: Doreen Kemp 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. 6. 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. 7. 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. 8. 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. 9. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A 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. 10. 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. 11. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the RFP- 8400 Leadership Development, Assessment & Training Page 13 of 18 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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 RFP- 8400 Leadership Development, Assessment & Training Page 14 of 18 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 Purchasing Director, P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 17. 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. 18. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., 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 RFP- 8400 Leadership Development, Assessment & Training Page 15 of 18 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. 20. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. RFP- 8400 Leadership Development, Assessment & Training Page 16 of 18 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 8400 Leadership Development, Assessment & Training 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 Commercial General shall not be less than $1,000,000 combined single limits for bodily injury and property damage and $300,000 for Vehicle. 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 8400 Leadership Development, Assessment & Training Page 18 of 18 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.