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Home My WebLink AboutRFP - 9840 DIGITAL EXPERIENCE PLATFORM TRANSFORMATIONRFP 9840 Digital Experience Platform Transformation Page 1 of 39 REQUEST FOR PROPOSAL 9840 DIGITAL EXPERIENCE PLATFORM TRANSFORMATION RFP DUE: 3:00 PM MT (Mountain Time), November 1, 2023 The City of Fort Collins is seeking to transform its Digital Experience Platform by implementing proven digital solutions that meet the City’s current requirements while also providing the necessary flexibility to adapt to emerging needs. To achieve this, the City is interested in receiving proposals from qualified vendors for software solutions that can provide ANY of the following identified needs: • Website • Legislative Management • Regulatory Licensing The City understands that many Service Providers may not be able to provide software solutions for all three of these identified needs. Service Providers are encouraged to provide proposals for any of the above mentioned needs they are capable of meeting, even if they cannot provide solutions for all three identified needs. The City also welcomes proposals from Service Providers that address all three of the identified needs. As part of the City’s commitment to sustainability, proposals must be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city- of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by RMEPS. All questions should be submitted, in writing via email, to Ed Bonnette, CPM, CPPB, Senior Buyer at ebonnette@fcgov.com, with a copy to Denzel Maxwell, Project Manager, DMaxwell@fcgov.com , no later than 3:00 PM MT on October 13, 2023. Please format your e-mail to include: RFP 9840 DIGITAL EXPERIENCE PLATFORM TRANSFORMATION in the subject line. Questions received after this deadline may 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. Rocky Mountain E-Purchasing System hosted by BidNet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 20800 Computer Software for Microcomputers, Systems, including Cloud-Based (Preprogrammed) 20820 Business Software, Misc.: Agenda, Labels, Mail List, Planning, Scheduling, etc. 20880 Software, Microcomputer (Not Otherwise Classified) 20900 Computer Software for Mini and Mainframe Computers (Preprogrammed)20987 Software, Mini/Mainframe Computer (Not Otherwise Classified) 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 9840 Digital Experience Platform Transformation Page 2 of 39 20987 Software, Mini/Mainframe Computer (Not Otherwise Classified) 91596 Web Page Design, Management and Maintenance Services 91829 Computer Software Consulting Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its Service Providers to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party Service Providers and their subcontractors/subconsultants at every tier. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Service Providers may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Service Providers may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Service Providers hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions of any contract resulting from this request for proposal will be public information. Service Providers Registration: The City requires new Service Providers receiving awards from the City to submit IRS form W-9 or W-8BEN/W8-BEN-E (international firms) and requires all Service Providers to accept 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. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion. RFP 9840 Digital Experience Platform Transformation Page 3 of 39 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. The selected Service Provider shall be required to sign the City’s Agreement prior to commencing services (see sample attached to this document). Sincerely, Gerry Paul Purchasing Director RFP 9840 Digital Experience Platform Transformation Page 4 of 39 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins is seeking to transform its Digital Experience Platform by implementing proven digital solutions that meet the City’s current requirements while also providing the necessary flexibility to adapt to emerging needs. To achieve this, the City is interested in receiving proposals from qualified vendors for software solutions that can provide ANY of the following identified needs: o Website o Legislative Management o Regulatory Licensing The City understands that many Service Providers may not be able to provide software solutions for all three of these identified needs. Service Providers are encouraged to provide proposals for any of the above mentioned needs they are capable of meeting, even if they cannot provide solutions for all three identified needs. The City also welcomes proposals from vendors that address all three of the identified needs. B. Background 1.Website A recently completed audit of the City of Fort Collins’ website found that it attracts approximately 200K users each month. According to the City’s 2023 Community Survey, 91% of respondents turn to the website as their first source of information. These data points demonstrate the importance of the City’s website as an information hub and communication tool. However, the audit also revealed some serious concerns with the current state of the website. These issues include 447 broken links, 33,000 PDFs that are not compatible with accessibility standards, and inconsistent navigation structures. The City believes that partnering with a Service Provider to develop a new website offers an opportunity to address these issues and ensure the City website provides an excellent customer experience. The City of Fort Collins provides several utilities, including water, wastewater, stormwater, electricity, and broadband. The current website links to multiple third-party sites for payment of bills, fines, fees, and permits. Several of the City’s services or facilities have their own distinct website, such as Connexion or the Lincoln Center. These distinct websites are EXCLUDED from the scope of this RFP. RFP 9840 Digital Experience Platform Transformation Page 5 of 39 2.Legislative Management The City of Fort Collins adheres to the Council-Manager form of government. In addition to City Council, the City has approximately 40 total Council Subcommittees or other governing and advisory bodies which host public meetings and require the use of a legislative management system. Many of the City’s more than 2,000 employees interact with these entities and therefore must utilize our legislative management system. An intuitive and robust public interface is also essential to serve our community of largely well informed, highly engaged residents and stakeholders. Given this scale of utilization, the City places significant emphasis on having a flexible, efficient, and easy-to-use legislative management system. 3.Regulatory Licensing The City of Fort Collins manages liquor and marijuana licenses for businesses within the City limits. The City must be able to receive and process applications, collect fees, and track licenses. The City also coordinates closely with the relevant State of Colorado regulatory agencies as part of this process. II. SCOPE OF PROPOSAL A. Scope of Work, Part #1 The following Appendices A-Website Requirements, B-Legislative Management Requirements, and C-Regulatory Licensing Requirements, detail the scope of work and requirements of the City of Fort Collins and are meant as an initial guide for the proposal. The City is looking for a comprehensive and best practice solution for each of these. These Appendices are electronic Excel spreadsheets posted on the Rocky Mount E-Purchasing System (aka BidNet) for you so you can fill them out electronically and upload as part of your Proposal, when you submit it. Follow the Instructions listed on the tab in the spreadsheet; and enter your reply under the Requirements tab accordingly. Also, respondents are encouraged to provide any additional information that may be helpful in assisting the City in its market research. Website Scope The City of Fort Collins is seeking a partner to host and redevelop the City’s website (fcgov.com) to ensure it provides an exceptional customer experience. Working in conjunction with City staff, the vendor will: • Develop a timeline and strategy for executing the project. • Analyze current website utilization and performance. RFP 9840 Digital Experience Platform Transformation Page 6 of 39 • Develop and implement strategies for improving information architecture and content quality. • Develop a new website with a flexible design. • Migrate content to a new content management system (CMS). • Ensure all ADA accessibility requirements are met and develop a strategy for maintaining web accessibility. • Provide initial training and technical support for the new website. • Test and launch the new website. • Provide ongoing hosting, technical support, and training for the new website. • Ensure the privacy and security of information accessed and shared through the website. Required Capabilities The Service Provider’s proposed website solution MUST be able to provide the following capabilities. Please describe in detail how your website product could deliver each of these capabilities in your proposal. Content Management System (CMS) The website must offer an efficient content management system that allows staff to easily create, delete, edit, organize, publish, and track pages and links. The CMS should also provide a centralized governance structure with various permission levels that can be easily assigned across user groups. Personas The website must be capable of incorporating personas that allow City staff to tailor content, services, and information to the specific needs of different user groups. City Services Hub The website must facilitate the creation of a centralized platform that allows residents to access government services, complete applications, pay bills, report issues, and complete other essential processes from a single location. Public Safety and Emergency Management The website must allow City staff to provide vital public safety information, emergency alerts, and disaster preparation guidance in a timely manner. Omnichannel Experience The website must offer a seamless user experience across digital channels, including web, mobile, and social media. Data Analytics The website must provide robust analytics and reporting capabilities that provide valuable insights into user behavior, engagement, and overall experience. Multilingual Support RFP 9840 Digital Experience Platform Transformation Page 7 of 39 The website must support multiple languages through translation capabilities to cater to the diverse linguistic needs of residents and businesses in our community. Integration The website must allow for seamless integration and interoperability with several third- party digital platforms currently used by the City, including: • Microsoft 365 • ESRI (ArcGIS) • Accela • Vertex One • Laserfiche Optional Capabilities The City desires to know whether and how the Service Provider’s proposed website solution could provide any of the following capabilities. These capabilities are NOT required and the City may elect to not implement them immediately, but they could prove valuable components of our Digital Experience Platform. Resident Issue Reporting (311) The website enables residents to submit service requests or report issues and facilitates real-time tracking and updates on their status. Integration with geographic information systems (GIS) helps visualize these reports. Recreation Management The website facilitates the management of recreation programs, events, and facility bookings, allowing for online registration and payment. Integration with calendars and notifications helps users stay informed. Business Support The website enables a simple business registration process and offers support to local businesses, including access to resources, regulations, and opportunities. Chatbots and Virtual Assistants The website incorporates chatbot or virtual assistants functionalities to offer real-time, automated responses to frequently asked questions or common issues. SMS and Text Messaging Integration The website supports SMS and Text Messaging integration to send timely updates, alerts, and notifications to users who opt-in. Online Payment Processing The website offers secure online payment processing capabilities for various government services, permits, licenses, bills, fees, and fines. RFP 9840 Digital Experience Platform Transformation Page 8 of 39 Community Engagement and Communication The website facilitates two-way communication between the City and users, offering tools for engagement, surveys, and announcements. E-Newsletter Subscriptions and Management The website facilitates email subscriptions and the distribution of e-newsletters by both internal and external users, and allows administrators to manage subscriptions, distribution, and generate reports on e-newsletter utilization. Calendar & Event Management The website facilities the creation of a City-wide calendar with an easy system for adding and removing events and a subscription capability to notify users about upcoming events. Legislative Management Scope The City of Fort Collins is seeking to implement a new legislative management system tailored to the specific needs of the City. Working in conjunction with City staff, the Service Provider will: • Develop a timeline and strategy for executing the project. • Design and implement technical architecture that includes all of the City’s public meeting entities, with initial implementation of the City Council. • Provide the option to migrate the City’s existing legislative and agenda records to the new legislative management system. • Establish permission levels by user type for internal users, with workflow and deadlines for a variety of meeting types, and the use of required fields for a variety of document types. • Provide initial training to the system administrators. • Provide initial training to internal users. • Ensure all ADA accessibility requirements are met on all public and internally facing elements of the platform and develop a strategy for maintaining accessibility. • Test and launch the new legislative management system. • Provide ongoing technical support and options for training for the legislative management system. Required Capabilities The Service Provider’s proposed legislative management solution MUST be able to provide the following capabilities. Please describe in detail how your legislative management product could deliver each of these capabilities in your proposal. Governing and Advisory Body Management The legislative management system must be able to create and modify the structure, membership, liaisons, and related City staff for all the City’s public meeting entities. RFP 9840 Digital Experience Platform Transformation Page 9 of 39 Legislative Process Management The legislative management system must allow for the flexible but efficient management of all the steps of the legislative process. This includes establishing workflow, building items and files, creating and modifying agendas, recording meeting actions, and creating minutes. Public User Interface The legislative management system must provide an easily navigable public interface that allows members of the public to view or download agendas and all associated attachments for every public meeting. Video / Media Embedding and Publishing The legislative management system must allow City staff to embed videos within the agenda or minutes of a meeting and publish video recordings of meetings. Searching The legislative management system must provide robust searching capabilities for agendas, agenda items, minutes, videos, and supporting documents. Calendar The legislative management system must provide a publicly available official calendar for all the public meeting entities in the City. Reporting The legislative management system needs to provide robust reporting capabilities to allow easy access to meeting and governing body data in place of a legislative index. Optional Capabilities The City desires to know whether and how the Service Provider’s proposed legislative management solution could provide any of the following capabilities. These capabilities are NOT required and the City may elect to not implement them immediately, but they could prove valuable components of our legislative management system. Public Comment Management The legislative management system allows community members to sign up for public comment at specific meetings and allows City staff to manage the queue of public speakers. Boards and Commissions Administration The legislative management system must allow City staff to track and manage key information about appointed boards and commissions, including data about the board or commission itself, terms associated with the body, and members appointed to serve. It should also allow for receiving applications from members of the public interested in serving on the City’s appointed Boards and Commissions, as well as to respond to applicants, create and send communications to applicants and members. RFP 9840 Digital Experience Platform Transformation Page 10 of 39 Regulatory Licensing Scope The City of Fort Collins is seeking to implement a new regulatory licensing system. Working in conjunction with City staff, the vendor will: • Develop a timeline and strategy for executing the project. • Migrate the City’s existing licensing records to the new system. • Establish a baseline workflow for processing permit applications and the necessary user permissions to facilitate that workflow. • Provide initial training to the system administrators. • Provide initial training to the system users. • Ensure all ADA accessibility requirements are met and develop a strategy for maintaining accessibility. • Test and launch the new regulatory licensing system. • Provide ongoing technical support and training for the regulatory licensing system. Required Capabilities The Service Provider’s proposed regulatory licensing solution MUST be able to provide the following capabilities. Please describe in detail how your regulatory licensing product could deliver each of these capabilities in your proposal. Application Intake The regulatory licensing system must incorporate a user-friendly public facing online application process that incorporates required State forms into the application process. Tracking and Reporting The regulatory licensing system must allow internal and external users to track the status of applications and enable administrators to generate reports based on data or metadata fields. Workflow Management The regulatory licensing system must allow administration to set up multiple automated workflows for the licensing and permitting process that includes interdepartmental and interagency reviews and approvals. Communication The regulatory licensing system must facilitate both manual and automated communications across different mediums between administrators, applicants, and interdepartmental and interagency reviewers and approvers. RFP 9840 Digital Experience Platform Transformation Page 11 of 39 Integration The regulatory licensing system must integrate with the City’s payment system, GIS system, and active directory. Optional Capabilities The City desires to know whether and how the Service Provider’s proposed regulatory licensing solution could provide any of the following capabilities. These capabilities are NOT required and the City may elect to not implement them immediately, but they could prove valuable components of our regulatory licensing system. Violation and Enforcement Tracking The regulatory licensing system enables City staff to track license violations and enforcement actions by licensee. B. Scope of Work, Part #2 Definition of work and Services: This section of the RFP is intended to further define the scope of the solution. The City is committed to embracing business processes that are enabled by the baseline software solution and expects the Service Provider to guide the City in standardization and simplification of these processes. The City is seeking Proposals only from experienced Service Providers in response to this RFP. The City is looking for a Service Provider that has a well-defined methodology with a documented success record and professional, experienced resources, and which is prepared to take on contractual responsibility for the implementation. Implementation Services: The following outline of services is provided for the Service Provider to consider in the formulation and proposal of services. The Service Provider is expected to assume overall accountability for the successful completion of these services. All project activities must be represented in the negotiated Project Plan. The Service Provider must present its methodology and address the following services including: Project Management Services: Activities will include but are not limited to work program management, schedule management, project governance, scope management, change management, issue and problem management, cost and budget management, personnel management, facility management, development tools and development environment management, approval management, contract management, reporting and project status management, communication and document management, risk management, quality assurance, and quality control management. Technical Architecture Services: Regarding the development environment, the ongoing operating environment and implementation of the solution, design and configuration of the application environments, implementation and certification of the baseline software and ongoing upgrades to the RFP 9840 Digital Experience Platform Transformation Page 12 of 39 baseline software that occur during the implementation project. It shall consist of the following components: 1. Planning the architecture required for development and operation of the solution. This includes overall architecture considerations, development environment, integration and middleware environment, operations environment ,analytics and reporting environment, support environment, technical environment, data environment, and security environment. 2. Implementation, configuration, and oversight of acceptance of any software platform, software, environments, and tools necessary to support solution implementation. 3. Establishing the training environments and hardware requirements needed to support the training effort. 4. Implementation, configuration, and oversight of acceptance of all components of the software on the cloud solution. 5. Implementation of necessary tools to support the oversight of acceptance and migration of new versions or releases to support the various development, maintenance, and production environments. A migration strategy for new application versions/releases will be put in place to support any “code drops” for identified Reports, Interfaces, Conversations, Extensions, Forms and Workflows and fixes. 6. Initial implementation, configuration, and oversight of acceptance of the solution. Audit, Controls, Security: Focus on the design, development, and testing of the Project security roles. It is expected that the Service Provider will understand, adhere to, and implement the solution to follow City IT security standards and, as defined in the governance policy, to protect the confidentiality, integrity, and availability of all data and systems. Comprehensive Testing Services: Comprehensive testing services focus on planning and executing the various tests to be conducted, which may include but are not limited to the following activities. 1. Test Planning. This activity deals with the development of the various test plans which govern both functional, system and extended testing. Typically, for each test, there will be a plan for an overall approach, test conditions, test data, and anticipated test results. This plan will govern all aspects of the testing process across all phases of functional and extended testing. Typically phases include Unit, System, System integration, and User Acceptance testing. 2. User Acceptance Test. A user acceptance test is conducted once the system has been successfully tested through the various comprehensive integration tests. At this point in the project, the system, data, configuration, and service levels have all been tested. The City will now execute another series of user tests to accept the Project as it has been developed and delivered by the RFP 9840 Digital Experience Platform Transformation Page 13 of 39 Service Provider to the City. Formal sign-off on the Project is required prior to initiating the production conversion process. 3. Test Automation. The Service Provider will supply, utilize, and maintain tools and scripts to automate many of the Test Execution tasks noted above, including regression, performance/volume, security, and availability/disaster recovery testing. The Service Provider will provide pre-built scripts automating the testing of these elements, will develop additional scripts during the project to address the specific needs of this implementation, and will turn over to the City the original and custom scripts developed to allow for the City to perform similar testing after the end of the project. 4. Service Provider will provide a mechanism for tracking issues and issue management related to all testing through all phases of the implementation. Organizational Change Management Services: The Service Provider will participate in reviews of business processes and workflows impacted by the implementation of the new environment to identify which processes may need to be changed to ensure a successful implementation and participate, and, at times lead, the change management associated with aligning those processes with the solution. This input will ensure the user client base is engaged and the organization is ready to accommodate changes associated with the new environment.  These services will also accommodate all aspects of training development and delivery.  This includes but is not limited to the following:   1. Workflows/Processes. Service Provider will lead workshops and deliver business process documentation and workflows associated with software. City team members knowledgeable in existing business processes and the base software solution will participate in these workshops to identify any impacted business processes. Together with the Service Provider these individuals will document either the current business process when it is compatible with the solution or develop and document the new business process consistent with the environment. For primary business processes, a workflow will be developed documenting how the City will utilize the solution to accomplish work. 2. Business Procedures. For the primary business processes, the project team and Service Provider will develop and document step-by-step business procedures, along with the forms, screens, reports, etc. necessary to conduct the business process. 3. Staffing Levels. Based upon the new processes and procedures, any potential impact on staffing roles and responsibilities will be identified by the Service Provider. 4. Organizational Structure and Governance. Based upon the new processes and procedures along with the identified impacts on staffing levels, the City may see a need to realign or adjust organizational boundaries. This activity works to identify organizational impacts and implement changes in support of the solution and define the ongoing support model for the new solution. RFP 9840 Digital Experience Platform Transformation Page 14 of 39 5. Offerings. This activity ensures that the City’s current and short-term future programs, products, and services are accurately configured and supported by the solution. If there is an impact to an existing or future offering, activities will occur to make the necessary changes and engage in the formal change process to ensure changes are made, approved, and incorporated into the solution. 6. Communication. Changes to the business environment as discussed in the previous paragraphs will be communicated, through a communication plan, to internal and external users of the solution. The Service Provider will participate in developing the communication plan to identify core messages that will enable City Communications and Marketing teams to effectively communicate details about business environment changes to the organization and external customers and users. Training Services: Provided by the Service Provider to develop training material for new functionality and deliver training to the City. This includes but is not limited to the following: 1. Training Development. Baseline training documentation and course materials will be provided (hardcopy and electronic) with the proposed solutions. The Service Provider working with the City will utilize these materials as the starting point and will modify the materials to reflect City -specific configuration, workflows, and processes. “Dry runs” of training materials and courses will be conducted to ensure the materials are accurate. 2. Training Delivery. An initial training and education program to identify and deliver to all users of the system including primary, secondary, and casual users. This may be accomplished using a combination of delivery methods, including classroom training courses, Computer Based Training, personal practice time, Internet/Virtual based training, etc. In addition to the initial training, this activity addresses training needs during and immediately following cutover to the Project. 3. IT Training. Appropriate City resources, as defined in the governance policy, will be trained on the new solution. This may be accomplished using a combination of delivery methods, including classroom training courses or Internet/Virtual based training as well as knowledge transfers during the configuration and go-live activities. Additional certifications or training recommendations for the ongoing development of the technical teams will also be provided. Training includes advanced report writing, database management, batch, backup/recovery, and other technical specifications to support all proposed applications. Conversion Services: Focus on cleansing and converting data from the City’s legacy system to the solution and includes the following activities: 1. Cleansing. This activity deals with the identification of data in the legacy system which needs to be scrubbed or cleaned to ensure information loaded into the solution is accurate and will support processing within the new environment. Typically, a series of reports within the conversion process will RFP 9840 Digital Experience Platform Transformation Page 15 of 39 identify problem areas which require either a manual or automated cleanup process. An automated process will be developed where large amounts of data need to be cleaned. Otherwise, a manual effort using either the legacy billing system to pre-clean data, or the solution to clean data after it is converted will be utilized. 2. Conversion. Data will be mapped between the legacy systems and the solution. Conversion programs will be developed to conduct an automated conversion of data from the legacy system to the solution. Data from legacy systems as well as historical information from legacy systems in various formats including databases, flat files, etc. will be converted to provide ongoing query capabilities allowing the elimination of the legacy applications. Currently, the City is planning to convert all active accounts and all accounts with an outstanding balance including 84 months (plus current) of complete history for these accounts. All data and history not converted must be loaded to a database with the ability for City front and back-office staff members to view and query the static data contained in this database. 3. Historical Data Services. Focus on conversion of historical data from the legacy systems into a newly established report repository and a retrieval system. Historical data is contained in a variety of forms, including databases, structured files, flat files, and document images. Production Cutover (Go-Live) Services. Focus on cutover from the legacy CIS systems to the Solution and subsequent work to stabilize the Solution in the production environment. This includes the following activities: 1. Go-Live Transition Planning. This activity focuses on planning the go-live transition period, identifying transition activities, resources, responsibilities, etc. 2. Knowledge Transfer. During the project, the Service Provider may engage in a series of activities to transfer knowledge from the development team to the production team who will be operating and supporting the Project. 3. Operational Readiness. This activity involves an assessment of the production environment to determine if the required cloud platforms: infrastructure, network, desktop, database, environments, application, staff, etc., are ready to accept the solution from development and commission it into a production operating environment. 4. Production Support Readiness. Ensure the staff responsible for managing the application have been trained, knowledge transfer has occurred, and ready and ready to accept application support responsibility from the development team. 5. Production Cutover. This activity focuses on executing the go-live plan/schedule which moves the City from the legacy systems to operation of the solution. 6. Production Stabilization. A stabilization period of 4 months is anticipated after go-live. During this stabilization period for the Project, the Service Provider is RFP 9840 Digital Experience Platform Transformation Page 16 of 39 focused on fixing production problems and working to ensure performance requirements are being met. The Service Provider will produce reports/dashboards that provide daily health checks to monitor the system until it is stabilized. 7. Final Acceptance. A thirty-day final acceptance period, which occurs during the four-month post-go-live period, will be completed and documented to ensure that the system meets all contractually agreed-upon strict criteria for stabilization and transition services as delineated in the Statement of Work and elsewhere. The City reserves the right to extend the acceptance period until all terms and conditions are met. The system is tested against performance and acceptance criteria for the defined period, and upon acceptance, retainage money is released. Service Providers should propose a warranty that starts when the product is placed in productive use. 7.a. Accounting Testing Engagement: • Central accounting representative to sign off on final test transactions prior to go-live. • Testing inclusive of each access type: web, kiosk, mobile applications • Transaction testing to include a clean sample transaction of each payment type, including but not limited to: o Revenue, unearned revenue, deferred revenue o Service deposits/reservations, account balances o Expenses, transaction fees, discounts, grants C. Service Providers shall reply to the questions on Appendix D Cyber Vendor Questionnaire by submitting their answer to each question below the question on the form, indicating those that are not applicable. D. Pricing for the system and services being proposed shall be submitted on the Appendix E Total Cost of Ownership spreadsheet that clearly itemizes in detail any and all applicable cost related figures, beginning with the first annual period and continuing for each of the annual renewal terms. Price should be broken down on a per license or per project cost basis, if applicable, and should reflect the ability to scale upward or downward based on the number of reviewers or projects. E. Deliverables/Milestones Service Provider is to propose milestones, target dates, percent of project completion and associated milestone payment to be triggered upon successful completion as part of their proposal. Examples of what we are looking for here are as follows: 1. System installation 2. Current Database migration 3. User interface customization 4. Beta testing 5. Core product training 6. Go Live 7. Project Acceptance RFP 9840 Digital Experience Platform Transformation Page 17 of 39 F. Anticipated Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: October 2, 2023 • Question deadline: 3:00 PM MT on October 13, 2023 • Final Addendum Issued: October 23, 2023 or before • Proposal due date: 3:00 PM MT on November 1, 2023 • Interviews/Demonstrations(tentative): Week of November 13, 2023 • Award of Contract (tentative): December 1, 2023 (or sooner) G. Budget The City of Fort Collins has an approved budget for this project in 2023 and subsequent years that is in line with current industry trends. H. Interviews In addition to submitting a written proposal, the top-rated Service Providers may be interviewed by the RFP assessment team and asked to participate in an oral presentation and or demo session to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. Because of recent events involving COVID-19, the City may use non-traditional methods for the optional interview phase of the assessment process. The City will receive and score written proposals. However, instead of traditional in-person interviews for the optional interview session, the City may opt to use alternate methods including, but not limited to remote interviews through a platform such as Microsoft Teams or Zoom. I. Travel & Expenses Subject to the terms of the Services Agreement, reasonable expenses may be reimbursable per the current rates found at www.gsa.gov. Service Provider will be required to provide original receipts to the City for all travel expenses. J. Subcontractors/Subconsultants Service Provider will be responsible for identifying any subcontractors and/or subconsultants in their proposal. Please note that the City will contract solely with the awarded Service Provider; therefore, subcontractors and/or subconsultants will be the responsibility of the Service Provider. K. Current standards All work and/or materials must meet current standards in force by recognized technical and professional societies, trade and materials supply associations, institutes and organizations, bureaus and testing laboratories, and national, federal, state, county, and local laws, codes and ordinances. RFP 9840 Digital Experience Platform Transformation Page 18 of 39 L. Fees, Licenses, Permits The successful Service Provider shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All vehicles and equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. M. Laws and Regulations The Service Provider agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances to include American Disabilities Act (ADA). N. Invoicing and Payment Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Service Provider each month following the submittal of a correct invoice by the Service Provider indicating the project name, Purchase Order number, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. Payments will be made using the prices stated in the Agreement. In the event a service is requested which is not stated in the Agreement, the Service Provider and the City will negotiate an appropriate unit price for the service prior to the Service Provider initiating such work. The City pays invoices on Net 30 terms. O. COVID-19 Compliance The Service Provider and its subcontractors/consultants shall comply with all state, county, and local laws, ordinances, and public health orders established to reduce the spread of COVID-19, as applicable. The Service Provider shall ensure employees and subcontractors/subconsultants with COVID-19 symptoms do not report to the job site. Service Provider must organize work to ensure individuals minimize contact and maximize social distancing. Individuals must wear all standard worksite personal protective equipment (PPE). In addition, individuals should wear a mask or cloth face covering consistent with local public health recommendations and other applicable safety requirements. III. PROPOSAL SUBMITTAL Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” p ages (excluding cover pages, table of contents, dividers and Authorization form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed pricing. Links to other files or websites shall not be permitted. Proposals that do not conform to these requirements may be rejected. Service Providers are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Service Providers propose to provide and shall be incorporated in the contract award as deemed RFP 9840 Digital Experience Platform Transformation Page 19 of 39 appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Service Providers include each of the City’s questions with their response. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Service Provider/Professional Information 1. Describe the Service Provider’s business and background 2. Number of years in the business 3. Details about ownership 4. An overview of services offered and qualifications 5. Size of the firm 6. Location(s) of offices. If multiple, please identify which will be the primary for our account. 7. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). C. Scope of Proposal 1. Provide a detailed narrative of the services proposed if awarded the contract per the scope above. The narrative should include any options that may be beneficial for the City to consider. 2. Describe how the project would be managed and who would have primary responsibility for its timely and professional completion. 3. Briefly describe the approach to execute the scope of work to include the methods and assumptions used, and any exceptions and/or risks. 4. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. 5. Include a description of the software and other analysis tools to be used. 6. Identify what portion of work, if any, may be subcontracted or outsourced to subconsultants. Include all applicable information herein requested for each Service Provider. 7. How will you ensure compliance with Covid-19 requirements? 8. Can the work be completed in the necessary timeframe, with target start and completion dates met? RFP 9840 Digital Experience Platform Transformation Page 20 of 39 9. Are other qualified personnel available to assist in meeting the project schedule if required? 10. Is the project team available to attend meetings as required by the Scope of Work? 11. Provide an outline of the schedule for completing tasks. 12. Fill out the Electronic Spreadsheets for Appendices A, B, and C (found on BidNet) and return them as part of your Proposal. 13. Fill out Appendix D Cyber Vendor Questionnaire and return it as part of your Proposal. D. Firm Capability and Assigned Personnel Provide relevant information regarding previous experience related to this or similar projects, to include the following: 1. Provide an Organization Chart/Proposed Project Team: An organization chart containing the names of all key personnel and subconsultants with titles and their specific task assignment for this Agreement shall be provided in this section. 2. Provide resumes for each professional and technical person to be assigned to the project, including partners, subconsultants, and subcontractors. Please limit resumes to one page. The résumés shall include at least three individual references from previous assignments. 3. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the services described above. 4. References. Provide a minimum of three similar projects with public agencies in the last 5 years that have involved the staff and subcontractors/subconsultants proposed to work on this project. Include the owner’s name, title of project, beginning price, ending price, contact name, email and phone number, subconsultants on the team and a brief description of the work and any change orders. The Service Provider authorizes the City to verify any and all information contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information provided. 5. Please address any issues and/or opportunities related to COVID-19 and remote working. Specifically, how will you maintain the project on schedule and outreach to stakeholders? 6. Provide any information that distinguishes Service Provider from its competition and any additional information applicable to this RFP that might be valuable in assessing Service Provider’s proposal. 7. What adjustments to your processes do you plan to make due to COVID-19? E. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe your organization’s commitment to sustainability and supporting values. Each element of the TBL sustainability criteria will receive equal consideration in determining the final Sustainability/TBL score. RFP 9840 Digital Experience Platform Transformation Page 21 of 39 1. Address how your firm strives to incorporate all three aspects (social, environmental, and economic) of Triple Bottom Line (TBL) sustainable practices into the workplace. Provide examples along with any metrics used to measure success within your firm. 2. Also provide examples of how your firm has incorporated all three aspects of TBL sustainable practices in previous similar projects on which your firm has been the prime Service Provider. Some examples are provided below: a. Environmental – Experience delivering projects / programs focused on environmental health priorities in the areas of climate resiliency, water quality and watershed protection, regulatory performance, management systems, air quality, renewable energy, sustainable building and design, construction materials management, and solid waste reduction. b. Economic – Experience working and delivering projects with an emphasis on strategic financial planning, job creation, business development, asset management, various project delivery methods, value engineering, regional partnerships, transparency, stakeholder engagement, strategic investments, aging infrastructure, repurposing of existing facilities, and competing financial priorities. c. Social - Experience working and delivering projects, programs, and/or initiatives that support Equity, Diversity, and Inclusion throughout your firm’s workplace, including leadership, and supply chain. Examples of this may be demonstration of working within cultural and language gaps, development of diversity programs, diverse project teams, equitable opportunity vendor supply chain, and how your firm has applied an equity lens to processes such as recruitment, hiring, purchasing, career pathways, salaries, and staff engagement. F. Cost and Work Hours In your response to this proposal, please provide the following: 1. Estimated Hours by Task: Provide estimated hours for each proposed task by job title and employee name, including the time required for meetings, conference calls, etc. 2. Cost by Task: Provide the cost of each task identified in the Scope of Proposal section. Provide a total not to exceed cost for the Scope of Proposal. Price all additional services/deliverables separately. 3. Schedule of Rates: Provide a schedule of billing rates by category of employee and job title to be used during the term of the Agreement. This fee schedule will be firm for at least one (1) year from the date of the Agreement. The fee schedule will be used as a basis for determining fees should additional services be necessary. Include a per meeting rate in the event additional meetings are needed. A fee schedule for subconsultants/subcontractors, if used, shall be included. 4. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project and not included in the billing rates must be identified. Reasonable expenses may be reimbursable as per the current rates found at www.gsa.gov. Service Provider/Consultant will be required to provide original receipts to the City for all travel expenses. RFP 9840 Digital Experience Platform Transformation Page 22 of 39 5. Fill out Appendix E Total Cost of Ownership Spreadsheet and include as part of your Proposal. Include any applicable recurring annual costs for support & maintenance for 5 years. G. Sample Agreement Included with this request for proposals is a sample Agreement that the City intends to use for obtaining the services of the Service Provider. The Service Provider is required to review this Agreement and indicate any objections to the terms of the contract. If revisions to the contractual terms are requested, provide suggested revisions. H. Acknowledgement The Acknowledgement form is attached as Section V. Complete the attached form indicating the Service Provider hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that the Service Provider has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Service Providers will be evaluated on the following criteria. This set of criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Service Providers may be conducted. The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements, a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds minimum requirements in that category. WEIGHTING FACTOR CATEGORY STANDARD QUESTIONS 3.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? 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? 3.0 Firm Capability & Assigned Personnel 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? 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? RFP 9840 Digital Experience Platform Transformation Page 23 of 39 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? Does the firm demonstrate a commitment to all three aspects (social, environmental, and economic) of the Triple Bottom Line (TBL) methodology of sustainability for this project and in their company value system as evidenced by their day-to-day business operating processes, practices and procedures? 3.0 Cost & 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? RFP 9840 Digital Experience Platform Transformation Page 24 of 39 V. ACKNOWLEDGEMENT Service Provider hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP 9840 DIGITAL EXPERIENCE PLATFORM TRANSFORMATION and sample Agreement except as otherwise noted. Additionally, Service Provider hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Service Provider’s knowledge and belief. b. Service Provider commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Service Provider further agrees that the method of award is acceptable. e. Service Provider also agrees to complete the proposed Agreement with the City of Fort Collins within 10 days of notice of award. If contract is not completed and signed within 10 days, City reserves the right to cancel and award to the next highest rated firm. f. Service Provider acknowledges receipt of addenda. g. Service Provider acknowledges no conflict of interest. h. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under Colorado Open Records Act (CORA). Service Provider hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9840 Digital Experience Platform Transformation Page 25 of 39 VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) 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 , a(n) [Enter State] Corporation, 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. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit , consisting of ( ) page,and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. This Agreement shall commence , 2023, and shall continue in full force and effect until , 2024, 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 four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. 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 ten (10) days from the onset of such condition. Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9840 Digital Experience Platform Transformation Page 26 of 39 6. Early Termination by City. 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 ten (10) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. 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. Service Provider shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Notices. All notices provided under this Agreement shall be effective immediately when emailed or three (3) business days from the date of the notice when mailed to the following addresses: Service Provider: City: Copy to: Attn: Email Address City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 Email Address City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com 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 for contract interpretations, change order, and other clarification or instruction shall be directed to the City Representative. The initial City Representative for this agreement is [Enter Name] and can be reached at [Enter Email] or [Enter Phone]. The Representative is subject to change by the City. 9. Compensation. 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. Invoices shall be emailed to invoices@fcgov.com with a copy to the City Representative. The cost of the work completed shall be paid to the Service Provider following the submittal of a correct itemized invoice by the Service Provider. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The City pays invoices on Net 30 days from the date of the invoice. 10. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9840 Digital Experience Platform Transformation Page 27 of 39 and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 11. 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. 12. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the City, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. Irrespective of any subcontractors named in Exhibit A, Service Provider shall be solely responsible for performance of all duties hereunder. 13. 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. 14. 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. 15. 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, the Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9840 Digital Experience Platform Transformation Page 28 of 39 longer of; i.) The original manufacturer’s warranty term; or ii.) 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. 16. 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. 17. 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 themselves 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. 18. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction 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. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 19. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9840 Digital Experience Platform Transformation Page 29 of 39 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, purchasing@fcgov.com or 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. 20. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution, and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. 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. Utilization by Other Agencies. [Optional] 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. Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for the City of Fort Collins in connection with the exercise of any rights hereunder, and neither party shall have any right or authority to assume or create any obligation or responsibility on behalf of the other. The other Agency shall be solely responsible for any debts, liabilities, damages, claims or expenses incurred in connection with any agreement established between them and the Service Provider. The City’s concurrence hereunder is subject to the Service Provider’s commitment that this authorization shall not have a negative impact on the work to be completed for the City. 22. Prohibition Against Unlawful Discrimination. The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, affirmatively ensures that for all contracts entered into with the City, disadvantaged business enterprises are afforded a full and fair opportunity to bid on the contract and are not to be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9840 Digital Experience Platform Transformation Page 30 of 39 The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. 23. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 24. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 25. Dust Control. [Optional] The Service Provider shall abide by the City of Fort Collins “Dust Control and Prevention Manual,” which is available for public download at https://www. fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this reference. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins City limits. 26. Force Majeure. No Party hereto shall be considered in default in the performance of an obligation hereunder to the extent that performance of such obligation is delayed, hindered, or prevented by force majeure. Force majeure shall be any cause beyond the control of the defaulting Party which could not reasonably have been foreseen and guarded against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference by civil or military authorities, compliance with regulations or orders of military authorities, and acts of war (declared or undeclared), provided such cause could not have been reasonably foreseen and guarded against by the defaulting Party. Force majeure shall not include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 27. 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. [Signature Page Follows] Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9840 Digital Experience Platform Transformation Page 31 of 39 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER By: Printed: Title: Date: Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9840 Digital Experience Platform Transformation Page 32 of 39 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9840 Digital Experience Platform Transformation Page 33 of 39 EXHIBIT BID SCHEDULE/ COMPENSATION The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price adjustments may only be negotiated and agreed to in writing at the time of renewal. Official Purchasing Document Last updated 2/1/2023 Services Agreement RFP 9840 Digital Experience Platform Transformation Page 34 of 39 EXHIBIT INSURANCE REQUIREMENTS 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. 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. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 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 by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. 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. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The Service Provider shall maintain during the life of this Agreement such General Liability 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 General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement such 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 Automobile Liability, 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. Official Purchasing Document Last updated 2/1/2023 RFP 9840 Digital Experience Platform Transformation Page 35 of 39 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 mat erial 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. Official Purchasing Document Last updated 2/1/2023 RFP 9840 Digital Experience Platform Transformation Page 36 of 39 Appendix A, B, & C Please refer to the Rocky Mountain E-Purchasing System (aka BidNet) RFP 9840 To find your Electronic Spreadsheets. Appendix D Cyber Vendor Questionnaire 1. Data Ownership: The City of Fort Collins will own all right, title and interest in its data that is related to the services provided. All data obtained by the vendor in the performance of this services shall become and remain the property of the City. The vendor will not share or distribute any City data to any other entity without the express written consent of the City. Can you comply with this? Answer: 2. Data Protection: Describe how you safeguard the confidentiality, integrity and availability of City information, including encryption of personal data in transit and at rest, and access control. Do you have a privacy and security policy, and does the policy apply to customers’ private data including personal identifiable information? Answer: 3. Data destruction: What procedures and safeguards does the vendor have in place for sanitizing and disposing of City data according to prescribed retention schedules or following the conclusion of a project or termination of a contract to render it unrecoverable and prevent accidental and/or unauthorized access to City data? Answer: 4. Data Location: Are the data centers where City data may be stored or processed located exclusively in the United States? Do you allow your personnel or contractors to store City data on portable devices? Do your personnel and contractors access City data remotely? Answer: 5. Security Incidents or Data Breaches: Describe your data breach and incident response communication plans. Has the company experienced any security breaches? If yes, explain. Answer: 6. Breach Responsibilities: In addition to data breach communication, what additional responsibilities do you have to your customers in the event of a data breach involving private data that is in your control, or in the control of your contractors/subsidiaries, at the time of breach? Do you have cybersecurity insurance? If yes, provide an overview of the coverage. Answer: Official Purchasing Document Last updated 2/1/2023 RFP 9840 Digital Experience Platform Transformation Page 37 of 39 7. Background Checks: Do you conduct criminal background checks on all staff, including subcontractors? Do you employ people convicted of any crime of dishonesty? Answer: 8. Access to Security Logs and Reports: The vendor shall provide reports to the City in a format as specified in the SLA agreed to by both the vendor and the City. Reports shall include latency statistics, user access, user access IP address, user access history and security logs for all City files related to this contract. Can you comply with this? Answer: 9. Risk Assessments and Audits: Do you conduct periodic risk assessments to identify cybersecurity threats, vulnerabilities, and potential business consequences? Do you have regular independent assessments of your cybersecurity processes? Do you perform independent audits of your data center? How often? What level of audit is performed (e.g., SOC2)? Would you be willing to share redacted versions of your most recent risk assessment and audit report with the City? Answer: 10. Change Control and Advance Notice: How do you communicate upgrades (e.g., major upgrades, minor upgrades, system changes) that may impact service availability and performance to your customers? Answer: 11. Upgrades: Are technology systems (e.g., servers, network devices, operating systems, applications, malware definitions) regularly updated/patched? Do you have any systems in production that are past end of life or that can no longer be patched? Answer: 12. Non-disclosure and Separation of Duties: Describe how you enforce separation of job duties and limit staff knowledge of City data to that which is necessary to perform job duties. Answer: 13. Import and Export of Data: Describe the data import and export processes from the customer’s perspective. Answer: 14. Subcontractor Disclosure: Identify all your strategic business partners related to services provided under this arrangement, including but not limited to all subcontractors or other entities or individuals who may be a party to a joint venture or similar agreement with the you, and who shall be involved in any application development and/or operations. Answer: Official Purchasing Document Last updated 2/1/2023 RFP 9840 Digital Experience Platform Transformation Page 38 of 39 15. Right to Remove Individuals: The City shall have the right at any time to require that the vendor remove from interaction with City any vendor representative who the City believes is detrimental to its working relationship with the vendor. Can you comply with this? Answer: 16. Encryption of Data at Rest: Can you ensure hard drive encryption consistent with validated cryptography standards as referenced in FIPS 140-2, Security Requirements for Cryptographic Modules for all personal data? Answer: 17. Internet-Facing Security: We may use BitSight (like a credit report for cyber security) to assess your internet-facing security. Do you subscribe to BitSight or a similar service, and if so are you willing to provide a sanitized report? Answer: 18. Service Interruption: In the event of an interruption of your service, what is your process for notifying customer operations of the circumstances of the interruption or outage and the expected recovery time? Answer: 19. Backup and Recovery: What is your backup & recovery SLA? What are the actual results/metrics vs. the SLA for the last 12 months? Is your backup data encrypted and, if so, to what standard? Answer: 20. Authentication: Do you have an internal password policy? Do you have complexity or length requirements for passwords? Do employees/contractors have ability to remotely connect to your production systems? (i.e. VPN. Is multi-factor authentication available? Do you require MFA for administration of your service (local or remote)? Do you support SSO/SAML ADFS for customer access? Answer: 21. Cyber Insurance: Does your firm carry cyber insurance? If so, what are your insurance levels? Answer: Official Purchasing Document Last updated 2/1/2023 RFP 9840 Digital Experience Platform Transformation Page 39 of 39 Appendix E Total Cost of Ownership Spreadsheet Total Cost of Ownership Vendor ____________ Yr1 Yr2 Yr3 Yr4 Yr5 Cost ITEM Summary 2023 2024 2025 2026 2027 One time Costs Ongoing costs Total One Time Costs $0.00 $0.00 $0.00 $0.00 $0.00 Total On Going Costs $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL $0.00 $0.00 $0.00 $0.00 $0.00 Include spreadsheet of all costs for implementation, licensing, training, maintenance & support, etc. with your proposal so that we can see all one-time and recurring costs for your solution for Years 1-5.