HomeMy WebLinkAboutRFP - 9724 SUSTAINABLE BUSINESS PROGRAMRFP 9724 Sustainable Business Program Page 1 of 79
REQUEST FOR PROPOSAL
RFP 9724 SUSTAINABLE BUSINESS PROGRAM
RFP DUE: 3:00 PM MT (Mountain Time), March 24, 2023
The City of Fort Collins is requesting proposals from qualified Professionals to design and
administer a well-rounded, inclusive, accessible sustainable business program for Northern
Colorado businesses and organizations, including for profit and not for profit business, education,
religious, and government agencies and institutions.
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, no later than 3:00 PM MT on March 10, 2023. Please format
your e-mail to include: RFP 9724 Sustainable Business Program 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):
96156 Program/Project Development and Management Services
91827 Community Development Consulting
96110 Business Plan Development Services
91800 Consulting Services
91826 Communications: Public Relations Consulting
91832 Consulting Services (Not Otherwise Classified)
91843 Environmental Consulting
91858 Governmental 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.
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 9724 Sustainable Business Program Page 2 of 79
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 Professionals 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 Professionals 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. Professionals may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of
the proposal, Professionals 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, Professionals 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.
Professionals Registration: The City requires new Professionals receiving awards from the City
to submit IRS form W-9 or W-8BEN/W8-BEN-E (international firms) and requires all Professionals
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.
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.
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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 Professional shall be required to sign the City’s Agreement prior to commencing
services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
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I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins is requesting proposals from qualified Professionals to design and
administer a well-rounded, inclusive, accessible sustainable business program (SBP) for
Northern Colorado businesses and organizations, including for profit and not for profit
business, education, religious, and government agencies and institutions.
SBP, also known as Triple Bottom Line Programming, is defined as continuous, year over
year programming that provides guidance, networking, connection to resources, education,
and recognition that enhances organizations’ ability to implement initiatives which lead to
increasingly sustainable practices and a positive impact on their environmental, social, and
financial health.
The objective of this RFP is to design and administer programming that supports individual
businesses with their unique needs and more broadly, builds and encourages an inclusive
community and a culture of sustainability in Northern Colorado. The awarded Professional(s)
will provide free programming accessible to all organizations in Northern Colorado, with an
emphasis on reaching diverse identity, tenure, size, and industry types in the Fort Collins
area.
In providing SBP services, the selected Professional(s) and any subconsultants will ensure
a commitment to diversity, equity, and inclusion including language access and ample
outreach to historically underserved communities with the philosophy that ALL Fort Collins
businesses and organizations deserve equitable access to business resources and
information.
Professionals who can perform any and/or all of the services described are encouraged to
submit proposals. The City may elect to award multiple contracts, based on the varying
expertise of the awarded firms. If you believe your firm does not have the expertise to
deliver all services and expect to subcontract services, detail what those services are and
what you plan to do in order to bring adequate expertise forward. Potential solutions include
partnering or subcontracting with another organization.
Professionals are invited to submit proposals with the tasks prioritized to aid the City in
working together with the selected firm to identify and implement core tasks within the
budget available as described in (Section II.E.).
B. Background
The City of Fort Collins is a vibrant community of approximately 175,000 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 is home to over 6,000 businesses. Common industries in the City of Fort Collins
include Health Care and Social Assistance, Educational Services, Retail Trade,
Accommodation and Food Services, and Manufacturing; by number of businesses, include:
Professional, Scientific, and Technical Services, Health Care and Social Assistance,
Construction, Services (except Public Administration), and Real Estate and Rental and
Leasing.
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Between 2000-2020, the City developed and administered the ClimateWise program, which
provided local businesses with information and opportunities to help them and the
community achieve sustainability goals. ClimateWise was launched as a voluntary
greenhouse gas (GHG) emission reduction program and offered holistic assessments in
waste, energy, water, and transportation. These assessments informed customized action
plans to help businesses reduce their emissions. In exchange for their environmental efforts,
businesses received public recognition and access to rebate incentives. ClimateWise
participants formed an extensive network for peer exchange, collaboration, and resource
sharing.
While this proved to be of great benefit to the businesses served, historically excluded and
underserved businesses were not engaged often enough. For this reason and with
intentionality, this new SBP will focus on engaging with historically excluded and
underserved organizations, defined as those owned by and serving people identifying as
LGBTQIA+, single parents, women, older adults, veterans, people with disabilities, Black,
Indigenous, Latino, Asian, and additional ethnicities represented in Fort Collins.
In 2015, ClimateWise 2.0 launched with simplified reporting requirements. The program
evolved to incorporate a broader range of actionable items and ways for businesses to
participate, expanding to include social metrics. As a result of this restructuring, companies
had more and different opportunities for collecting points toward public recognition.
In 2020, ClimateWise 2.0 program was paused due to budgetary constraints and to
reevaluate the future of SBP in Northern Colorado.
In 2021, the City of Fort Collins partnered with local businesses to reimagine what SBP
could look like in Northern Colorado. What was learned through this process about how to
address gaps between the closed out ClimateWise program and new SBP is reflected in the
projects final report.
Recommendations from the reimagine process are central to requirements outlined in this
RFP and include:
• Make achieving a level in a tiered recognition program less central to what it means
to “participate”.
• Have future outreach and programming that focuses on the business interests of
historically underserved businesses.
• Integrate and provide sustainable business support in the areas of financial, social,
and environmental impact.
• Provide personalized services of value, direct from program staff.
• Focus on building a culture of sustainability.
• Further explore funding mechanisms.
• Engage the spectrum of stakeholders in program governance.
Detailed recommendations can be found on pages 9-11 in Attachment A – ClimateWise
Reimaging Process.
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II. SCOPE OF PROPOSAL
A. Scope of Work
The scope of work for this RFP includes two sections:
1. Strategy and Planning
2. Outreach and Implementation
The City recommends a dedicated Engagement Specialist and Program Manager or an
alternately proposed and agreed upon organizational structure; The Professional(s) will
be required to determine and share with the City the most appropriate separation of
duties across staff based on skills and strengths to achieve what is outlined throughout
this Scope of Work.
Over the course of 2023-2024 completion or significant progress will be made on the
following:
Strategy and Planning
1. Stakeholder engagement and research
a) Research and understand the needs of identified businesses, agencies, and
institutions.
b) Research of other SBP’s to understand, consider and implement best practices.
2. Identify additional resources and budgetary items needed to implement strategies
effectively.
3. The ability to access and utilize the Colorado Department of Public Health and
Environment’s Green Business Tracker (GBT) and to participate in training on its
administration. Certain City employees will be expected to have access to the GBT
platform.
4. Establish a customer relationship management (CRM) system to track and manage
relationships that may not be represented in the GBT system (see Attachment A –
ClimateWise Reimaging Process).
a) Deliverables include a populated status Excel spreadsheet or something similar;
to identify which Northern Colorado businesses and organizations have been
contacted, and what resources they are requesting help with.
5. In coordination with the City, create an advisory committee that represents a diversity
of identity, tenure, size and industry types, especially those historically underserved.
This committee also needs to reflect leadership, partnership and collaboration
between the program administrator, City, County and State agencies, businesses,
business associations and community groups.
6. Establish a monthly meeting with the advisory committee:
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a) The purpose of these meetings is for the Professional to facilitate discussion that
assists with decision making, progress reporting and documentation strategies.
7. Identify engagement-focused metrics and tracking mechanisms that support
progress towards Our Climate Future (OCF) community goals and OCF Big Moves,
in alignment with the City’s key equity initiative to support community-led initiatives
that build a sense of belonging in Fort Collins. OCF goals from
https://ourcity.fcgov.com/ourclimatefuture:
i. Achieve carbon neutrality by 2050
ii. Provide 100% renewable electricity by 2030 with grid and local sources
iii. Achieve zero waste, or 100% landfill diversion, by 2030
8. Ensure alignment with City of Fort Collins Equity Office priorities, including:
a) Prioritization of strategies that address inequities highlighted on the Equity
Indicators dashboard and report.
b) Connection before content- investing in creating strong, trusting relationships with
various community groups, institutions, and agencies representing identities such
as: racial and ethnic groups, ethnic groups with religion at the core, youth, older
adults, LGBTQIA+ individuals and groups, and people living with various mental
and physical abilities.
c) Supporting community-led initiatives to build sense of belonging in Fort Collins.
Outreach and Implementation
9. Implement a system of program governance (i.e. implement Advisory Committee
identified in Scope of Work’s “Strategy and Planning 5.” ) that includes businesses
and institutions that represent a diversity of identity, tenure, and industry types.
10. Implement an education and network-building program series.
11. Implement, maintain, assist with, ensure alignment with and access to a suite of
environmental, social and financial sustainability resources and opportunities.
12. Serve as local administrator and point of contact for the Green Business Tracker
(GBT).
a) Provide facility and performance assessments and accompanying reports to
interested businesses.
b) Be the local administrator for the GBT
13. Align outreach and engagement cycle with GBT reporting and recognition schedule(
July 1- June 30).
14. Implement engagement-focused metrics and tracking mechanisms that support
community climate and diversity, equity, and inclusion goals.
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15. In coordination with the City, research, write and manage grants or funding
mechanisms that will enhance service provision and/or provide direct to customer
benefits and resources.
16. Participate in ongoing conversations with City staff and leadership and may
participate in City Council sessions to provide program insights and progress
information.
The following are optional Outreach and Implementation elements the City may be
able to outsource. If Proposers have resources to handle these, please also include
them in your Proposal:
17. Develop and implement a SBP brand and presence. This includes creation of name,
logo/tagline, webpage, promotional materials and marketing approach consistent
with branding.
18. Administer all aspects of outreach and communication with participants and potential
participants. This should include guidance, networking, resources, education, and
recognition programing that combine to enhance organizations’ ability to implement
initiatives with a positive impact on their environmental, social, and financial health.
19. Develop, update, and maintain basic website, program and outreach materials and
services, at a minimum, in English and Spanish.
20. Provide all outreach materials and services in both English and Spanish.
B. Deliverables/Milestones
• Monthly, quarterly and annual reports to City representatives outlining and
documenting key strategy, operation, and schedule plans through 2024.
• Strategy and planning complete within two (2) to three (3) months of contract
award (anticipated July 2023). (Scope of Work items1-8, 9, 10, 15, 16, 17, 18, 20)
• Months two (2) to five (5) focuses on building relationships (Scope of Work items
10, 11, 12, 14, 15, 16, 17, 18, 20, 21). Full program launch including all strategy,
planning outreach and implementation, in September 2023.
C. Minimum Qualifications
1. Ability to frequently and regularly visit with and meet businesses in the Fort Collins
Area. Operations located in Northern Colorado preferred.
2. Ability to launch programming July 1, 2023 and provide continuation of services
through December 2024, with the possibility of contract renewal for 2025-26.
3. Demonstrated experience conducting program development, outreach and
engagement to historically underserved groups in Fort Collins, such as Black,
Indigenous, Latino, Asian and additional ethnicities represented in Fort Collins,
people identifying as LGBTQIA+, single parents, women, older adults, veterans, and
people with disabilities.
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4. Demonstrated experience and competency with Sustainability/Triple Bottom Line
(TBL) business practices related to environmental, social and financial strategies and
resources for historically underserved communities.
5. At least one staff member must be bilingual (Spanish/English) and committed to
leading outreach and engagement with local Spanish speaking businesses and
organizations.
6. Maintain any additional administrative capacity needed to provide continuation of
services.
7. Ability to regularly translate and/or interpret information and materials between
English and Spanish, either through contracted services or qualified staff who can
provide professional translation and interpretation services. Access to City translation
services systems will be available with cost for services netted from the contract
dollar amount.
8. Demonstrated ability to develop and maintain community and business partnerships.
9. Experience researching, writing, and managing grants.
D. 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: March 1, 2023
• Question deadline: 3:00 PM MT on March 10, 2023
• Final Addendum Issued: March 15, 2023
• Proposal due date: 3:00 PM MT on March 24, 2023
• Interviews (tentative): Week of April 3-7, 2023
• Award of Contract (tentative): April 21, 2023
E. Budget
The budget for this project is limited to a maximum of $250,000-$300,000 across 2023-
2024, therefore, Professionals are invited to submit proposals with the tasks prioritized to
aid the City in working together with the selected firm to identify and implement core
tasks within the budget available for this project.
F. Interviews
In addition to submitting a written proposal, the top-rated Professionals 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.
G. Travel & Expenses
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Subject to the terms of the applicable Work Order, reasonable expenses may be
reimbursable per the current rates found at www.gsa.gov. Professional will be required to
provide original receipts to the City for all travel expenses.
H. Subcontractors/Subconsultants
Professional will be responsible for identifying any subcontractors and/or subconsultants
in their proposal. Please note that the City will contract solely with the awarded
Professional; therefore, subcontractors and/or subconsultants will be the responsibility of
the Professional.
I. 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.
J. Fees, Licenses, Permits
The successful Professional 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.
K. Laws and Regulations
The Professional 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).
L. 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 Professional each month
following the submittal of a correct invoice by the Professional 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 Work Order and Agreement. In the
event a service is requested which is not stated in the Work Order and/or Agreement, the
Professional and the City will negotiate an appropriate unit price for the service prior to the
Professional initiating such work.
The City pays invoices on Net 30 terms.
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III. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of forty (40) 8 ½ x 11” pages
(excluding cover pages, resumes, 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.
Professionals 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
Professionals 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.
Responses must include all the items in the order listed below. It is suggested that the
Professionals 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. Professional Information
1. Describe the Professional’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. Share your firm’s vision for a successful, longstanding Sustainable Business Program.
What does your firm believe it should entail based on the described Scope of Work,
Objectives and Attachment A?
2. 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.
3. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion. Please provide detailed
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information about the professional experience of the Program Manager and
Engagement Specialist and/or any other key personnel
4. Briefly describe the approach and prioritized tasks within the anticipated budget to
execute the scope of work to include the methods and assumptions used, and any
exceptions and/or risks.
5. Describe the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
6. Include a description of the software and other analysis tools to be used.
7. Identify what portion of work, if any, may be subcontracted or outsourced to
subconsultants. Include all applicable information herein requested for each
Professional.
8. Can the work be completed in the necessary timeframe, with target start and
completion dates met?
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.
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.
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 Professional
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. Provide any information that distinguishes Professional from its competition and any
additional information applicable to this RFP that might be valuable in assessing
Professional’s proposal.
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E. Minimum Qualifications
1. Provide 3 to 4 (3-4) examples of your demonstrated experience conducting program
development, outreach and engagement with historically excluded and underserved
organizations, defined as those owned by and serving Black, Indigenous, Latino,
Asian and additional ethnicities represented in Fort Collins, people identifying as
LGBTQIA+, single parents, women, older adults, veterans, and people with
disabilities.
2. Provide 3 to 4 (3-42) examples of your demonstrated experience and competency
engaging businesses and conducting program development with Triple Bottom Line
business practices related to environmental, social, and financial strategies and
resources.
F. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values. This section is relating to how your
firm does business whereas in Section II.C.4 we are asking about your firm’s expertise
relating to delivering sustainability programming to communities.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
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 Professional.
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.
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G. 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. Escalation each year shall not
exceed three percent (3%). 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. Markups for materials, subconsultants, and equipment shall
not exceed seven and half percent (7.5%).
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. Professional will be
required to provide original receipts to the City for all travel expenses.
H. Sample Agreement
Included with this request for proposals is a sample Agreement that the City intends to
use for obtaining the services of the Professional. The Professional 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.
I. Acknowledgement
The Acknowledgement form is attached as Section V. Complete the attached form
indicating the Professional hereby acknowledges receipt of the City of Fort Collins
Request for Proposal and acknowledges that the Professional has read and agrees to be
fully bound by all of the terms, conditions and other provisions set forth in the RFP.
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IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Professionals 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 Professionals 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
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? 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?
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 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?
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3.0
Minimum
Qualifications/Exam
ples
Does the firm provide two (2) examples of your
demonstrated experience conducting program
development, outreach and engagement with
historically excluded and underserved
organizations, defined as those owned by and
serving Black, Indigenous, Latino, Asian and
additional ethnicities represented in Fort Collins,
people identifying as LGBTQIA+, single parents,
women, older adults, veterans, and people with
disabilities. Does the firm provide two (2)
examples of your demonstrated experience and
competency engaging businesses and
conducting program development with Triple
Bottom Line business practices related to
environmental, social, and financial strategies
and resources.
2.0 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?
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V. ACKNOWLEDGEMENT
Professional 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 9724 Sustainable Business Program and sample
Agreement except as otherwise noted. Additionally, Professional 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
Professional’s knowledge and belief.
b. Professional 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. Professional further agrees that the method of award is acceptable.
e. Professional 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. Professional acknowledges receipt of addenda.
g. Professional 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). Professional 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.
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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 , a(n) (ENTER STATE) Corporation, 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 , 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 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 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 Professional shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Professional 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 Professional's sole right
and remedy for such termination.
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5. 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:
Professional: 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
6. 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.
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.
7. 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 ( ) page(s), attached hereto and incorporated
herein.
8. 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.
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Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. The
cost of the work completed shall be paid to the Professional following the submittal of a
correct itemized invoice by the Professional. 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.
9. 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.
Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. The
cost of the work completed shall be paid to the Professional following the submittal of a
correct itemized invoice by the Professional. 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,
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. 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
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
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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.
12. 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.
13. Progress Status Report. [Optional] A progress status report is required to accompany all
invoices and shall be submitted to the City Representative. The progress status report shall
contain 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 report may,
at the option of the City, suspend the processing of any payment request.
14. 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.
15. Subcontractors/subconsultants. 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/subconsultant 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/subconsultant 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/subconsultant and the City, nor will it obligate the City to pay or see
to the payment of any subcontractor/subconsultant, and (d) the Work of the
subcontractor/subconsultant will be subject to inspection by the City to the same extent as
the Work of the Professional.
The Professional shall require all subcontractor/subconsultants 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
( ) page(s) attached hereto and incorporated herein by this reference. The
Professional shall maintain a copy of each subcontract’s certificate evidencing the required
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insurance. Upon request, the Professional shall promptly provide the City with a copy of
such certificate(s).
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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
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unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision of this Agreement.
22. 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 Professional. The
City’s concurrence hereunder is subject to the Professional’s commitment that this
authorization shall not have a negative impact on the work to be completed for the City.
23. 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.
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 subcontractor/subconsultants at
every tier.
24. 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.
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25. 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.
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 Consultant 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
( ) page(s), attached hereto and incorporated herein by this reference.
[Signature Page Follows]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul
Purchasing Director
Date:
ATTEST:
APPROVED AS TO FORM:
PROFESSIONAL'S NAME
By:
Printed:
Title:
Date:
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EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT
BID SCHEDULE/ COMPENSATION
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EXHIBIT
INSURANCE REQUIREMENTS
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.
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.
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
Professional '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 Professional shall maintain during the life
of this Agreement for all of the Professional'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 Professional 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 Professional 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.
D. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the
amount of $1,000,000.
In the event any work is performed by a subcontractor/subconsultant, the Professional shall be
responsible for any liability directly or indirectly arising out of the work performed under this
Agreement by a subcontractor/subconsultant, which liability is not covered by the
subcontractor/subconsultant's insurance.
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EXHIBIT
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Professional 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 Professional has agreed to perform, the Professional 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 Professional
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 Professional shall not disclose any such information to any person not having a legitimate
need-to-know for purposes authorized by the City. Further, the Professional 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 Professional understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Professional 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 Professional ceases to perform services for the City, or the City so requests
for any reason, the Professional 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 Professional understands and agrees that the City’s remedies at law for a br each of the
Professional’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.
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Attachment A - ClimateWise Reimaging Process Final Report
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