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HomeMy WebLinkAbout9242 RFP ENERGY STAR PORTFOLIO MANAGER BENCHMARKING AND ON-DEMAND HELP CENTER SERVICESRFP 9242 BENCHMARKING AND ON-DEMAND HELP CENTER SERVICES Page 1 of 28 REQUEST FOR PROPOSAL 9242 ENERGY STAR PORTFOLIO MANAGER BENCHMARKING AND ON-DEMAND HELP CENTER SERVICES RFP DUE: 3:00PM MST (our clock), JANUARY 8, 2021 The City of Fort Collins is requesting proposals from qualified Vendors to provide ad-hoc Help Center services; including benchmarking and reporting services for Building Owners covered by the Fort Collins Building Energy and Water Scoring Ordinance. As part of the City’s commitment to Sustainable Purchasing, proposals should 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 the system. All questions should be submitted, in writing via email, to Marisa Donegon, Buyer at mdonegon@fcgov.com, no later than 5:00 PM MST (our clock) on December 23, 2020. Please format your e-mail to include: RFP 9242 Energy Star Portfolio Manager Benchmarking and On-Demand Help Center Services 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): 91016 Energy Conservation Services 91841 Energy Conservation Consulting 91843 Environmental Consulting 96131 Energy Comprehensive Performance Services 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 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 9242 BENCHMARKING AND ON-DEMAND HELP CENTER SERVICES Page 2 of 28 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 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. 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. Vendors may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the Vendor may redact text and/or data that it deems confidential or proprietary pursuant to CORA. 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. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new Vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit with your proposal. 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 Vendor shall be expected to sign the City’s standard Agreement prior to commencing Services (see sample attached to this Proposal). RFP 9242 BENCHMARKING AND ON-DEMAND HELP CENTER SERVICES Page 3 of 28 Sincerely, Gerry Paul Purchasing Director RFP 9242 BENCHMARKING AND ON-DEMAND HELP CENTER SERVICES Page 4 of 28 I. BACKGROUND Fort Collins is a vibrant community of approximately 170,000 located 65 miles north of Denver, at the base of the foothills of the Rocky Mountains. The City is 56 square miles in size and is the northern extension of the “Colorado Front Range” urban corridor. The City’s population includes over 30,000 college students. The Building Energy and Water Scoring Program (BEWS or Program) Ordinance 2018-144 requires transparency of energy and water efficiency of commercial and multifamily buildings 5,000 square feet and above. Comparing the energy and water performance of one building against another in the same sector allows commercial real estate stakeholders such as building owners, operators, and tenants, to evaluate the highest-performing, lowest-operating cost option, and to monitor their performance in the market place.  Program Summary As defined in the Building Energy and Water Scoring Ordinance (Chapter 12 Article XI of the Fort Collins Code) (Ordinance), starting March 1st of each reporting year, Owners of Covered Buildings (Building Owner) must complete the necessary steps in the ENERGY STAR Portfolio Manager® (ESPM) tool for each building covered by the Code; including, entering energy and water use data for the whole building for the previous calendar year such that it encompasses January 1st to December 31st of the year prior to reporting. Each reporting year, Building Owners are required to input into the ESPM tool data that accurately reflects the total energy and water consumed by each building, along with all descriptive information required by the ESPM tool, for the previous calendar year and report this information to the City in accordance with procedures found on the project website fcgov.com/BEWS. Program Goals and Objectives for Fort Collins Utilities The Ordinance highlights an initial phased implementation for buildings required to submit an annual report. Once fully implemented in 2023, Covered Buildings greater than 5,000 square feet (including multifamily and commercial) will be required to report data which information will represent approximately 4,832 Covered Buildings. Based on compliance rates from peer cities, the City anticipates a 90% compliance rate. Reporting Year Covered Buildings (approx.) Estimated Building Non-Compliant 2020 350 35 2021 1,002 100 2022 2,365 236 2023 4,832 483 Program Description: Help Center and Benchmarking Services The BEWS Program seeks to improve overall customer service and technical support to Building Owners covered by the BEWS requirements. The Help Center and supporting benchmarking services allows for the City program management team to enhance Ordinance implementation activities, such as notifying stakeholders of Ordinance requirements, running live training sessions, and producing compliance guidance documents. RFP 9242 BENCHMARKING AND ON-DEMAND HELP CENTER SERVICES Page 5 of 28 II. SCOPE OF PROPOSAL A. Scope of Work The City of Fort Collins is requesting proposals from qualified Vendors to provide ad-hoc Help Center services; including benchmarking and reporting services for Building Owners covered by the Fort Collins Building Energy and Water Scoring Ordinance. Help Center Services The Vendor shall receive access to Building Owners’ requests via email and through the City’s existing Help Center. The Vendor will support the following work functions: Function Description Produce compliance guides and checklists Help Center staff should create written documents that walk Building Owners through the compliance process. Provide technical assistance by phone and email to Building Owners seeking support Help Center staff should be trained to answer detailed questions about ENERGY STAR Portfolio Manager, Utilities data access, and the Ordinance’s overall reporting and compliance processes. Track all contacts and interactions with Building Owners Help Center staff should log all correspondence with Building Owners, including phone calls, emails, and meetings. Data reporting error follow up with Building Owners Help Center staff should provide direct support for any reporting errors, data quality, etc. based on notifications distributed from the City’s compliance tracking software. Offer drop-in appointments for Building Owners Building Owners are invited to receive in-person assistance from Help Center staff. Direct Building Owners to utility programs, incentives, and other resources that can help them improve their performance. Help Center staff with steering Building Owners toward opportunities to increase their energy efficiency. Provide presentations or trainings on benchmarking and compliance Training events and workshops are organized and led by the Vendor. Benchmarking and reporting services Described within Benchmarking and Reporting Services below. In peak periods between January 1 – March 31, in Year 1 of the Program, Utilities received on average 30 requests per week. Benchmarking and Reporting Services Vendor will perform benchmarking and reporting services required by the Ordinance. The Scope of Services below highlights the steps required to bring a building into compliance with the Ordinance and avoid citations. Vendor shall provide the following steps required by the BEWS Program. Building Owner required Benchmarking RFP 9242 BENCHMARKING AND ON-DEMAND HELP CENTER SERVICES Page 6 of 28 1. Create a free ESPM account or use existing ESPM account access provided by the Building Owner. 2. If a new ESPM account is created, the Vendor will transfer access to the Building Owner once the Code requirements are met. 3. Determine property use type (ex. Office, Retail, Mixed Use) 4. Collect building data including square footage, occupancy, basic equipment inventory (ex. computers, electronics) 5. Collect 12-months of electricity, natural gas and water use data by using ESPM standard upload templates 6. Electricity: Contact Fort Collins Utilities Customer Connections for data request 7. Natural Gas: Use Xcel’s Portfolio Manager® online web services tool 8. Water: Contact Fort Collins Utilities Customer Connections or the property’s local water provider for data request. 9. Upload building data from templates (or via Webservices where available) into the ESPM to start tracking annual energy performance Building Owner required Reporting 1. Enter the ESPM data reporting link from the Fort Collins Utilities BEWS Program website which will lead to Portfolio Manager® reporting tool 2. Validate report data using Data Quality Checker tool within ESPM and correct any errors 3. Submit annual report through ESPM system and Utilities will have access to Covered Buildings’ reports in ESPM 4. Submittals will be subject to a quality control review by Utilities and will be rejected if data input errors are found. If errors are found, Building Owners and Vendor will have 30 days to correct the errors and resubmit the data to the City. Benchmarking Tracking The Vendor shall provide periodic updates to the City regarding active Building Owners who have requested services, including active, completed, and time to complete through Help Center metrics tracking. Additional Requirements 1. Vendor will attempt to accommodate a customer’s availability and may work outside of the regular 8 a.m. to 5 p.m. Monday through Friday work schedule (e.g., Saturdays). 2. Vendor will be available from 8 a.m. to 5 p.m. throughout the week. Vendor will be available by appointment outside of that time to attempt to accommodate a customer’s availability. 3. Vendor shall provide the customer with contact information for Utilities programs outside of Efficiency Works. Vendor shall also contact Utilities staff for any customer questions they cannot answer related to Ordinance requirements. 4. Vendor shall notify Utilities of any incident involving a dissatisfied customer, or any other similar incident occurring while working to complete the benchmarking and reporting requirements one working day of incident. 5. Vendor must comply with all Federal, State and local codes and regulations, ordinances and have the appropriate licenses for the services performed. RFP 9242 BENCHMARKING AND ON-DEMAND HELP CENTER SERVICES Page 7 of 28 6. Vendor shall sign Utilities’ “Professionalism Guidelines & Contact with Customers” agreement, attached hereto and incorporated herein as Exhibit A, consisting of one (1) page, and acknowledges that failure to ensure compliance therewith may result in termination of the Agreement. 7. Vendor will coordinate ESPM web services connections with Xcel Energy benchmarking portal, including collecting and submitting Xcel Energy customer consent forms required to benchmark whole building aggregated data. Utilities Program Roles Vendor will work closely with Utilities Program staff in delivering Program services to customers and Building Owners covered by the BEWS requirements. Utilities Program staff will provide: • Vendor with access to the City’s compliance tracking software and email inbox. • Management of Vendor’s performance: provide quality control on customer reports submitted, including but not limited to, quality assurance on all benchmarking reports submitted. • Management and creation of customer folders, with delivery to Vendor as needed. • Coordination of Utilities electric and water customer data provided to the Vendor. Note: Utilities will not support the upload of Xcel Energy data into ESPM Compensation Compensation for Help Center services will be made directly from Utilities to the Vendor. Vendors should propose hourly rates for the Help Center services. Compensation for benchmarking and reporting services highlighted by the Help Center functions will be made directly from the Building Owner to the Vendor. Utilities anticipates that the awarded Vendor will provide a simple, standardized pricing structure for Building Owners to complete the required BEWS reporting. B. Minimum Qualifications Vendor shall have a minimum of three (3) years of experience in performing EPA commercial and Industrial ENERGY STAR certifications. Vendor shall have experience supporting the administrative implementation of a minimum of two (2) benchmarking ordinances currently active across one of the 36 United States jurisdictions. C. 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: December 14, 2020 • Question deadline: 5:00 PM MST on December 23, 2020 • Proposal due date: 3:00 MST (our clock) on January 8, 2021 • Interviews (tentative): Week of January 25, 2021 • Award of Contract (tentative): February 2021 RFP 9242 BENCHMARKING AND ON-DEMAND HELP CENTER SERVICES Page 8 of 28 D. Interviews In addition to submitting a written proposal, the top-rated Vendors may be interviewed by the RFP assessment team and asked to participate in an oral presentation 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. E. Subcontractors Vendors will be responsible for identifying any subcontractors in their proposal. Please note that the City will contract solely with the awarded Vendor; therefore subcontractors will be the responsibility of the Vendor. F. Fees, Licenses, Permits The successful Vendor shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. G. Laws and Regulations The Vendor agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances. H. 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 Vendor each month following the submittal of a correct invoice by the Vendor indicating the project name, Purchase Order number, task description, hours worked, and the date of the work performed specific to the task. The City pays invoices on Net 30 terms. III. PROPOSAL SUBMITTAL Please limit the total length of your proposal to a maximum of twenty-five (25) double sided or fifty (50) single sided 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Vendor Statement 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. Links to other documents, files or websites shall not be permitted. Proposals that do not conform to these requirements may be rejected. Vendors 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 Vendors propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. RFP 9242 BENCHMARKING AND ON-DEMAND HELP CENTER SERVICES Page 9 of 28 Responses must include all the items in the order listed below. It is suggested that the Vendors 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. Vendor Information 1. Describe the Vendor’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). Complete Section V, Vendor Statement. 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. Include a description regarding how the analysis will be performed for the various identified areas identified, the methods and assumptions used, and the limitations of the analysis. 3. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. 4. Identify what portion of work, if any, may be subcontracted. 5. How will you ensure compliance with Covid-19 requirements? D. Firm Capability & Assigned Personnel Provide relevant information regarding previous experience related to this or similar Projects, to include the following: 1. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the services described above. RFP 9242 BENCHMARKING AND ON-DEMAND HELP CENTER SERVICES Page 10 of 28 2. Provide a minimum of two similar projects with public agencies implementing a benchmarking ordinance in the last 5 years that have involved the staff proposed to work on this project. 3. Provide examples of at least two projects where you’ve worked with your sub- consultants. List the sub-consultant firm(s) for this Agreement, their area(s) of expertise, and include all other applicable information herein requested for each sub- consultant. Identify what portion of work, if any, may be sub-contracted. 4. References (current contact name, current telephone number and email address) from at least three similar projects with similar requirements that have been completed within the past five (5) years and that have involved the staff proposed to work on this project. Provide a description of the work performed. The Consultant authorizes City to verify any and all information contained in the Consultant’s submittal from references contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information they give. E. Availability 1. Describe the availability of project personnel to participate in this project in the context of the vendor’s other commitments. 2. Are other qualified personnel available to assist in meeting the project schedule if required? 3. Is the project team available to attend meetings as required by the Scope of Work? F. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe your organization’s commitment to sustainability and supporting values. 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. Also provide examples of how your firm has incorporated all three aspects of TBL sustainable practices in previous similar projects. Some examples are provided below: 1. 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. 2. 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. 3. 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 RFP 9242 BENCHMARKING AND ON-DEMAND HELP CENTER SERVICES Page 11 of 28 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. Each element of the TBL sustainability criteria will receive equal consideration in determining the final Sustainability/TBL score. G. Cost Compensation for Help Center services will be made directly from Utilities to the Vendor. Vendors should propose hourly rates for the Help Center services described in the Scope of Services in the following format: Ad Hoc Help Center Function Hourly Rate Produce compliance guides and checklists $ Provide technical assistance by phone and email to Building Owners and managers seeking support $ Track all contacts and interactions with Building Owners and managers $ Notify Building Owners and managers of ordinance requirements $ Offer drop-in appointments for Building Owners and managers $ Direct Building Owners and managers to utility programs, incentives, and other resources that can help them improve their performance. $ Provide presentations or trainings on benchmarking and compliance $ Compensation for benchmarking and reporting services highlighted by the Help Center functions will be made directly from the Building Owner to the Vendor. Utilities anticipates that the awarded Vendor will provide a simple, standardized pricing structure for Building Owners to complete the required BEWS reporting. Vendors should propose a fee for benchmarking and reporting services outlined in the Scope of Services in the following format: Property Use Types (size & type) > 50,000 SF > 20,000 SF > 10,000 SF > 5,000 SF Office $ $ $ $ Retail $ $ $ $ Multifamily Campus $ $ $ $ Other $ $ $ $ H. Additional Information Provide any information that distinguishes Vendor from its competition and any additional information applicable to this RFP that might be valuable in assessing Vendor’s proposal. RFP 9242 BENCHMARKING AND ON-DEMAND HELP CENTER SERVICES Page 12 of 28 Explain any concerns Vendor may have in maintaining objectivity in recommending the best solution. All potential conflicts of interest must be disclosed. Exceptions to the Scope of Services and City Agreement (a sample of which is attached in Section VI) shall be documented. IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Vendors will be evaluated on the following criteria. These 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 Vendors may be conducted. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? 2.0 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? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Sustainability Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? 2.0 Cost Does the proposal included detailed cost break- down for each cost element as applicable and are the line-item costs competitive? Do the RFP 9242 BENCHMARKING AND ON-DEMAND HELP CENTER SERVICES Page 13 of 28 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? Definitions Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition for TBL is that it “captures the essence of sustainability by measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” B. Reference Evaluation Criteria Prior to award, the Project Manager will check references using the following criteria. Negative responses from references may impact the award determination. CRITERIA STANDARD QUESTIONS Overall Performance Would you hire this Vendor again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Vendor responsive to client needs; did the Vendor anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge If a study, did it meet the Scope of Work? If Vendor administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 9242 BENCHMARKING AND ON-DEMAND HELP CENTER SERVICES Page 14 of 28 V. VENDOR STATEMENT Vendor 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. Additionally, Vendor 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 Vendor’s knowledge and belief. b. Vendor 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. Vendor further agrees that the method of award is acceptable. e. Vendor also agrees to complete the proposed Agreement with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. f. Vendor acknowledge receipt of addenda. 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: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. Professional Services Agreement Page 15 of 28 VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as the "Professional". 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 Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of ( ) page(s), and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, the Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit B, consisting of ( ) page(s), and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 20 , and shall continue in full force and effect until , 20 , 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. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. 4. 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 Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory Professional Services Agreement Page 16 of 28 performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorney’s fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain insurance in accordance with Exhibit , consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay the Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ) in accordance with Exhibit , consisting of ( ) page(s), attached hereto and incorporated herein. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. Final payment shall be made following acceptance of the Work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 7. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay the Professional on a time and reimbursable direct cost basis in accordance with Exhibit , consisting of ( ) page(s), attached hereto and incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the Work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 8. License. Upon execution of this Agreement, the Professional grants to the City an irrevocable license to use any and all sketches, drawings, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models and other Work Order deliverables (the “Instruments of Service”), in any form whatsoever and in any Professional Services Agreement Page 17 of 28 medium expressed, for purposes of constructing, using, maintaining, altering and adding to the project, provided that the City substantially performs its obligations under the Agreement. The license granted hereunder permits the City and third parties reasonably authorized by the City to reproduce applicable portions of the Instruments of Service for use in performing services or construction for the project. In addition, the license granted hereunder shall permit the City and third parties reasonably authorized by the City to reproduce and utilize the Instruments of Service for similar projects, provided however, in such event the Professional shall not be held responsible for the design to the extent the City deviates from the Instruments of Service. This license shall survive termination of the Agreement by default or otherwise. 9. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 10. Project Drawings. Upon request and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival quality, prepared on stable mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the owner in and AutoCAD version no older then the established City standard. The Professional acknowledges the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. (the “CORA”), and documents in the City’s possession may be considered public records subject to disclosure under the CORA. 11. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 12. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 13. Subcontractors. The Professional 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 Professional Services Agreement Page 18 of 28 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 Professional. The Professional shall require all subcontractors performing Work hereunder to maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit “C”, consisting of one (1) page attached hereto and incorporated herein by this reference. The Professional shall maintain a copy of each subcontract’s certificate evidencing the required insurance. Upon request, the Professional shall promptly provide the City with a copy of such certificate(s). 14. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 15. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the Work. 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. 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. 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 himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 18. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 19. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of Professional Services Agreement Page 19 of 28 this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., the Professional represents and agrees that: a. As of the date of this Agreement: 1. The Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. The Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8- 17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. The Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. The Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If the Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Professional shall: 1. Notify such subcontractor and the City within three days that the Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that the Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. The Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. Professional Services Agreement Page 20 of 28 f. If the Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, the Professional shall be liable for actual and consequential damages to the City arising out of the Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if the Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 21. 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 three (3) pagea, attached hereto and incorporated herein by this reference. Professional Services Agreement Page 21 of 28 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: PROFESSIONAL'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Professional Services Agreement Page 22 of 28 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 Professional Services Agreement Page 23 of 28 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 Professional Services Agreement Page 24 of 28 EXHIBIT INSURANCE REQUIREMENTS 1. The Professional 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 Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, 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 Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies for any claims arising out of Work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in Work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of Work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any Work is performed by a subcontractor, the Professional 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. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. Official Purchasing Document Last updated 10/2017 Professional Services Agreement Page 25 of 28 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH THE SERVICES to be provided by Professional under this Agreement, the parties agree to comply with reasonable policies and procedures with regard to the exchange and handling of confidential information and other sensitive materials between the parties, as set forth below. 1. Definitions. For purposes of this Agreement, the party who owns the confidential information and is disclosing same shall be referenced as the “Disclosing Party.” The party receiving the Disclosing Party’s confidential information shall be referenced as the “Receiving Party.” 2. Confidential Information. Confidential Information controlled by this Agreement refers to information which is not public and/or is proprietary and includes by way of example, but without limitation, City customer information, utility data, service billing records, customer equipment information, location information, network security system, business plans, formulae, processes, intellectual property, trade secrets, designs, photographs, plans, drawings, schematics, methods, specifications, samples, reports, mechanical and electronic design drawings, customer lists, financial information, studies, findings, inventions, and ideas. To the extent practical, Confidential Information shall be marked “Confidential” or “Proprietary.” Nevertheless, Professional shall treat as Confidential Information all customer identifiable information in any form, whether or not bearing a mark of confidentiality or otherwise requested by the City, including but not limited to account, address, billing, consumption, contact and other customer data. In the case of disclosure in non- documentary form of non-customer identifiable information, made orally or by visual inspection, the Disclosing Party shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing the fact and general nature of each disclosure within a reasonable time after it is made in order that it is treated as Confidential Information. Any information disclosed to the other party prior to the execution of this Agreement and related to the services for which Professional has been engaged shall be considered in the same manner and be subject to the same treatment as the information disclosed after the execution of this Agreement with regard to protecting it as Confidential Information. 3. Use of Confidential Information. Receiving Party hereby agrees that it shall use the Confidential Information solely for the purpose of performing its obligations under this Agreement and not in any way detrimental to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party uses with respect to its own proprietary or confidential information, which in any event shall result in a reasonable standard of care to prevent unauthorized use or disclosure of the Confidential Information. Except as otherwise provided herein, Receiving Party shall keep confidential and not disclose the Confidential Information. The City and Professional shall cause each of their directors, officers, employees, agents, representatives, and subcontractors to become familiar with, and abide by, the terms of this section, which shall survive this Agreement as an on-going obligation of the Parties. Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, other than in the performance of obligations under this Agreement. Official Purchasing Document Last updated 10/2017 Professional Services Agreement Page 26 of 28 4. Exclusions from Definition. The term “Confidential Information” as used herein does not include any data or information which is already known to the Receiving Party or which before being divulged by the Disclosing Party (1) was generally known to the public through no wrongful act of the Receiving Party; (2) has been rightfully received by the Receiving Party from a third party without restriction on disclosure and without, to the knowledge of the Receiving Party, a breach of an obligation of confidentiality; (3) has been approved for release by a written authorization by the other party hereto; or (4) has been disclosed pursuant to a requirement of a governmental agency or by operation of law. 5. Required Disclosure. If the Receiving Party is required (by interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process, or by federal, state, or local law, including without limitation, the Colorado Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving Party will provide the Disclosing Party with prompt notice of such request, so the Disclosing Party may seek an appropriate protective order or waive the Receiving Party’s compliance with this Agreement. The Receiving Party shall furnish a copy of this Agreement with any disclosure. 6. Notwithstanding paragraph 5, Professional shall not disclose Confidential Information to any person, directly or indirectly, nor use it in any way, except as required or authorized in writing by the City. 7. Red Flags Rules. Professional must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Professional must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the City. 8. Data Protection and Data Security. In addition to the requirements of paragraph 7, Professional shall have in place information security safeguards designed to conform to or exceed industry best practices regarding the protection of the confidentiality, integrity and availability of utility and customer information and shall have written agreements requiring any subcontractor to meet those standards. These information security safeguards (the “Information Security Program”) shall be materially consistent with, or more stringent than, the safeguards described in this Exhibit. a) Professional’s information security safeguards shall address the following elements: • Data Storage, Backups and Disposal • Logical Access Control (e.g., Role-Based) • Information Classification and Handling • Secure Data Transfer (SFTP and Data Transfer Specification) • Secure Web Communications • Network and Security Monitoring • Application Development Security Official Purchasing Document Last updated 10/2017 Professional Services Agreement Page 27 of 28 • Application Security Controls and Procedures (User Authentication, Security Controls, and Security Procedures, Policies and Logging) • Incident Response • Vulnerability Assessments • Hosted Services • Personnel Security b) Subcontractors. Professional may use subcontractors, though such activity shall not release or absolve Professional from the obligation to satisfy all conditions of this Agreement, including the data security measures described in this Exhibit, and to require a substantially similar level of data security, appropriate to the types of services provided and Customer Data received, for any subcontractor Professional may use. Accordingly, any release of data, confidential information, or failure to protect information under this Agreement by a subcontractor or affiliated party shall be attributed to Professional and may be considered to be a material breach of this Agreement. 9. Confidential Information is not to be stored on any local workstation, laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable devices unless the Professional can ensure security for the Confidential Information so stored. Work stations or laptops to be used in the Work will be required to have personal firewalls on each, as well as have current, active anti-virus definitions. 10. The Agreement not to disclose Confidential Information as set forth in this Exhibit shall apply during the term of the Work and at any time thereafter unless specifically authorized by the City in writing. 11. If Professional breaches this Agreement, in the City’s sole discretion, the City may immediately terminate this Agreement and withdraw Professional’s right to access Confidential Information. 12. Notwithstanding any other provision of this Agreement, all material, i.e., various physical forms of media in which Confidential Information is contained, including but not limited to writings, drawings, tapes, diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and, upon request, shall be promptly returned, together with all copies thereof to the Disclosing Party. Upon such return of physical records, all digital and electronic data shall also be deleted in a non-restorable way by which it is no longer available to the Receiving Party. Written verification of the deletion (including date of deletion) is to be provided to the Disclosing Party within ten (10) days after completion of engagement, whether it be via termination, completion or otherwise. 13. Professional acknowledges that the City may, based upon the representations made in this Agreement, disclose security information that is critical to the continued success of the City’s business. Accordingly, Professional agrees that the City does not have an adequate remedy at law for breach of this Agreement and therefore, the City shall be entitled, as a non- exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction or decree of specific performance or any other remedy, from a court of competent jurisdiction to enjoin or remedy any violation of this Agreement. Official Purchasing Document Last updated 10/2017 Professional Services Agreement Page 28 of 28 EXHIBIT A PROFESSIONALISM GUIDELINES & CONTACT WITH CUSTOMERS High standards of professionalism are necessary to maintain your good reputation in the community, and we encourage you to strive for the best in customer service. Our goal is to ensure that customers are completely satisfied with their Program experience, including their interactions with participating Vendor. It is expected that Vendor will handle interactions with Building Owners with the utmost respect and professionalism. Fort Collins Utilities reserves the right to remove a Vendor from the Program, based upon repeated customer complaints related to customer service or professionalism. The Program has established the following general guidelines for Vendor: • Respect the customer’s time and be prompt for all appointments. If you expect to be more than a few minutes late, call the customer and let them know that you’re running late and when you expect to be there. • Follow through on your commitments to customers, including the submittal of benchmarking reports in a timely manner. Do what you say you’re going to do. • Educate all company customer service representatives to provide accurate information to customers about the Program’s Code requirements. The person answering the phone needs to know about the Program for which you are providing service. • It is important that you respond to requests for information from the Program in a timely manner. Designate a primary contact for Fort Collins Utilities to reach regarding complaints, and time-sensitive Program information. Someone must be reachable every day at your company o Must have a secondary emergency contact in the event that the primary contact is unreachable • All company customer service representatives and subcontractors shall sign a non- disclosure agreement (“NDA”) similar to the Agreement’s NDA. Compliance to the NDA and maintaining confidentiality of the Building Owner’s data and information is a material condition of the Agreement. In addition, to promote the professionalism of the Program, the Vendor, Vendor’s staff and subcontractors shall not make any disparaging remarks regarding other participating Vendors, the City or the Program. By the signature below, I understand Fort Collins Utilities' policy on Professionalism Guidelines & Contact with Customers and agree to advise my company's site management of said policy and demand strict compliance thereto. By: Date: Title: