Loading...
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. RFP 9724 Sustainable Business Program Page 3 of 79 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 RFP 9724 Sustainable Business Program Page 4 of 79 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. RFP 9724 Sustainable Business Program Page 5 of 79 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. RFP 9724 Sustainable Business Program Page 6 of 79 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: RFP 9724 Sustainable Business Program Page 7 of 79 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. RFP 9724 Sustainable Business Program Page 8 of 79 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. RFP 9724 Sustainable Business Program Page 9 of 79 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 RFP 9724 Sustainable Business Program Page 10 of 79 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. RFP 9724 Sustainable Business Program Page 11 of 79 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 RFP 9724 Sustainable Business Program Page 12 of 79 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. RFP 9724 Sustainable Business Program Page 13 of 79 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. RFP 9724 Sustainable Business Program Page 14 of 79 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. RFP 9724 Sustainable Business Program Page 15 of 79 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? RFP 9724 Sustainable Business Program Page 16 of 79 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? RFP 9724 Sustainable Business Program Page 17 of 79 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. Official Purchasing Document Last updated 1/2023 RFP 9724 Sustainable Business Program Page 18 of 79 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. Official Purchasing Document Last updated 1/2023 RFP 9724 Sustainable Business Program Page 19 of 79 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. Official Purchasing Document Last updated 1/2023 RFP 9724 Sustainable Business Program Page 20 of 79 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 Official Purchasing Document Last updated 1/2023 RFP 9724 Sustainable Business Program Page 21 of 79 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 Official Purchasing Document Last updated 1/2023 RFP 9724 Sustainable Business Program Page 22 of 79 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 Official Purchasing Document Last updated 1/2023 RFP 9724 Sustainable Business Program Page 23 of 79 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. Official Purchasing Document Last updated 1/2023 RFP 9724 Sustainable Business Program Page 24 of 79 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] Official Purchasing Document Last updated 1/2023 RFP 9724 Sustainable Business Program Page 25 of 79 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director Date: ATTEST: APPROVED AS TO FORM: PROFESSIONAL'S NAME By: Printed: Title: Date: Official Purchasing Document Last updated 1/2023 RFP 9724 Sustainable Business Program Page 26 of 79 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 27 of 79 EXHIBIT BID SCHEDULE/ COMPENSATION Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 28 of 79 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. Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 29 of 79 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. Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 30 of 79 Attachment A - ClimateWise Reimaging Process Final Report Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 31 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 32 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 33 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 34 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 35 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 36 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 37 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 38 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 39 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 40 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 41 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 42 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 43 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 44 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 45 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 46 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 47 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 48 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 49 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 50 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 51 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 52 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 53 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 54 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 55 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 56 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 57 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 58 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 59 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 60 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 61 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 62 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 63 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 64 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 65 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 66 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 67 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 68 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 69 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 70 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 71 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 72 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 73 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 74 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 75 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 76 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 77 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 78 of 79 Official Purchasing Document Last updated 8/2022 RFP 9724 Sustainable Business Program Page 79 of 79