HomeMy WebLinkAboutRFP - 10001 Timekeeping, Payroll & HR Integration Solution for PFARFP 10001 Timekeeping, Payroll & HR Integration Solution for PFA Page 1 of 68
REQUEST FOR PROPOSAL
10001 TIMEKEEPING, PAYROLL & HR INTEGRATION SOLUTION FOR PFA
RFP DUE: 3:00 PM MT (Mountain Time), August 7, 2024
The City of Fort Collins (City), on behalf of the Poudre Fire Authority (PFA), is requesting
proposals from qualified Service Providers to provide a timekeeping, payroll, and human
resources integration software solution that meets the unique needs of the PFA .
As part of the City/PFA’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 Beth Diven, Buyer II at
bdiven@fcgov.com, no later than 3:00 PM MT on July 24, 2024. Please format your e-mail to
include: RFP 10001 Timekeeping, Payroll & HR Integration Solution for PFA 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):
208-10 Accounting/Financial Software: Bookkeeping, Billing and Invoicing, Budgeting,
Payroll, Taxes, etc.
208-51 Human Resources Software 208-53 Integrated Software
208-63 Personnel Software
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/PFA 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/PFA also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City/PFA strictly prohibits unlawful retaliation against a person who
engages in protected activity. Protected activity includes an employee complaining that he or she
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 10001 Timekeeping, Payroll & HR Integration Solution for PFA Page 2 of 68
has been discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City/PFA requires its Service Providers to comply with the City/PFA’s policy for equal
employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This
requirement applies to all third-party Service Providers and their subcontractors/subconsultants
at every tier.
Public Viewing Copy: The City/PFA 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/PFA 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. All pricing will be considered public records subject
to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC
VIEWING” version of the proposal. 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 information and financial data information may not be disclosed
by the City/PFA. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By
responding to this RFP, Professionals hereby waive any and all claims for damages against the
City/PFA for the City/PFA’s good faith compliance with CORA. All provisions and pricing of
any contract resulting from this request for proposal will be public information.
Service Providers Registration: The City/PFA requires new Service Providers/ Professionals
receiving awards from the City/PFA to submit IRS form W-9 and requires all Service Providers/
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/PFA 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/PFA 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/PFA. 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 /PFA 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/PFA 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/PFA 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/PFA in the current term or in any
future terms.
The selected Service Provider shall be required to sign the City/PFA’s Agreement prior to
commencing services (see sample attached to this document).
Sincerely,
Gerry Paul
Purchasing Director
RFP 10001 Timekeeping, Payroll & HR Integration Solution for PFA Page 4 of 68
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective
The City of Fort Collins (City), on behalf of the Poudre Fire Authority (PFA), is requesting proposals from qualified Service Providers to provide a timekeeping and payroll software
solution that ideally also offers a Human Resources integration.
PFA would prefer a cloud-based solution. Proposed solutions must also include an
adaptive online user interface for viewing and managing operations remotely via mobile,
tablet, or laptop. Compatibility with iOS-based application is desired but not required.
B. Background
PFA is a multi-faceted, all-hazards response agency that provides emergency services
with 248 full-time employees: 39 civilians and 207 uniformed. PFA serves 230 sq. miles
in Northern Colorado including the Town of Timnath, the communities of Laporte and
Bellvue, Horsetooth Reservoir and Redstone Canyon, and other areas within
unincorporated Larimer and Weld counties and protects more than $45 billion worth of
property (data is from 2022 annual report). The City and the Poudre Valley Fire Protection
District (District) are encompassed in the service area and make up the two governing
organizations of the Authority.
PFA Headquarters is located at 102 Remington Street, Fort Collins CO, 80524 in Old Town Fort Collins, on the southeast corner of Mountain Avenue and Remington Street.
PFA was established in 1981 through an Intergovernmental Agreement (updated in 2014)
between the City and the District. The benefits of consolidated fire and rescue services
include improv ed response times to emergencies; and elimination of duplicate services,
thereby reducing costs to both the taxpayers of Fort Collins and the Poudre Valley Fire
Protection District.
II. SCOPE OF PROPOSAL
A. System Capabilities
The PFA has compiled a comprehensive list of function requirements for Service Providers
to review. This list is included in Section VI – Functional Requirements in a table format
that allows Service Providers to respond to each element. This section must be completed
and returned in the Service Providers’ proposals.
B. Cybersecurity
Service Providers shall reply to the questions on Section VII - Cybersecurity Questionnaire
by submitting their answer to each question below the question on the form, indicating
those that are not applicable.
C. Total Cost of Ownership
Pricing for the system and services being proposed shall be submitted on the Section VIII
- Total Cost of Ownership Schedule that clearly itemizes in detail any and all applicable
cost related figures, beginning with the first annual period and continuing for each of the
annual renewal terms. Price should be broken down on a per license or per project cost
basis, if applicable, and should reflect the ability to sc ale upward or downward based on
the number of reviewers or projects.
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D. Implementation and On-going Services
This section of the RFP is intended to further define the scope of the solution. The PFA is
committed to embracing business processes that are enabled by the baseline software
solution and expects the Service Provider to guide the PFA in standardization and
simplification of these processes. The PFA is seeking Proposals only from experienced
Service Providers in response to this RFP. The PFA is looking for a Service Provider that
has a well-defined methodology with a documented success record and professional,
experienced resources, and which is prepared to take on contractual responsibility for the
implementation.
Implementation Services
The following outline is provided for the Service Provider to consider in the formulation
and proposal of services. The Service Provider is expected to assume overall
accountability for the successful completion of these services. All project activities must
be represented in the negotiated Project Plan.
The Service Provider must present its methodology and address the following services
including:
1. Data Conversion and Migration:
The Service Provider shall provide data conversion of historical data from PFA’s
existing software, and services to migrate existing data.
2. User Acceptance Testing Support:
The Service Provider shall notify PFA when the software has been configured, data
has been migrated, and user acceptance testing can be performed by PFA. Service
Provider shall provide support services to PFA staff during user acceptance testing to
correct any errors or issues with the software or functionality.
3. Training:
The Service Provider shall provide training (preferably on-site) for PFA staff. Training
shall include end-user and technical level training sufficient for PFA to operate
independently.
4. Technical Support:
The Service Provider shall provide ongoing technical and User support (after “Go
Live”) to ensure software continues to function according to the requirements of the
Agreement.
E. Deliverables/Milestones
Service Provider is to propose milestones, target dates, percent of project completion and
associated milestone payment to be triggered upon successful completion as part of their
proposal. Examples of are as follows:
1. System installation
2. Current Database migration
3. User interface customization
4. Beta testing
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5. Core product training
6. Go Live
7. Project Acceptance
F. Anticipated Schedule
The following represents the City/PFA’s target schedule for the RFP. The City/PFA
reserves the right to amend the target schedule at any time.
• RFP issuance: July 12, 2024
• Question deadline: 3:00 PM MT on July 24, 2024
• Final Addendum Issued: July 31, 2024
• Proposal due date: 3:00 PM MT on August 7, 2024
• Interviews (tentative): End of August / Early September2024
• Award of Contract (tentative): September 2024
G. Interviews
In addition to submitting a written proposal, the top-rated Service Providers may be
interviewed by the RFP assessment team and asked to participate in an oral presentation
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.
Instead of traditional in-person interviews for the optional interview session, the City/PFA
may opt to use alternate methods including, but not limited to remote interviews through
a platform such as Microsoft Teams or Zoom.
H. Subcontractors/Subconsultants
Service Provider will be responsible for identifying any subcontractors and/or
subconsultants in their proposal. Please note that the City/PFA will contract solely with the
awarded Service Provider; therefore, subcontractors and/or subconsultants will be the
responsibility of the Service Provider .
I. Laws and Regulations
The Service Provider agrees to comply fully with all applicable local, State of Colorado
and Federal laws and regulations and municipal ordinances to include American
Disabilities Act (ADA).
J. Invoicing and Payment
Invoices should be emailed to invoices@fcgov.com with a copy to the Project Manager.
Payments will be made using the prices stated in the Agreement. In the event a service
is requested which is not stated in the Agreement, the Service Provider and the City/PFA
will negotiate an appropriate unit price for the service prior to the Service Provider initiating
such work.
The City/PFA 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 one hundred fifty (150) 8 ½ x
11” pages (excluding cover pages, table of contents, dividers and Acknowledgement form).
Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and
top/bottom. Extended page sizes, such as 11” x 17”, count as a single page and may be used
for detailed pricing. Links to other files or websites shall not be permitted. Proposals that do
not conform to these requirements may be rejected.
Service Providers are required to provide detailed written responses to the following items in
the order outlined below. The responses shall be considered technical offers of what Service
Providers propose to provide and shall be incorporated in the contract award as deemed
appropriate by the City/PFA. A proposal that does not include all the information required may
be deemed non-responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested that the Service
Providers include each of the City/PFA’s questions with their response.
The City/PFA shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
A. Cover Letter / Executive Summary
The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
Indicate your availability to participate in the interviews/demonstrations on the proposed
dates as stated in the Schedule section.
B. Service Provider Information
1. Describe the Service Provider’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Size of the firm
6. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
7. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City/PFA to consider.
2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
3. Briefly describe the approach to execute the scope of work to include the methods and
assumptions used, and any exceptions and/or risks.
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4. Describe the methods and timeline of communication your firm will use with the
City/PFA’s Project Manager and other parties.
5. Identify what portion of work, if any, may be subcontracted or outsourced to
subconsultants. Include all applicable information herein requested for each Service
Provider.
6. Are other qualified personnel available to assist in meeting the project schedule if
required?
7. Provide an outline of the schedule for completing tasks.
D. System Capabilities
Complete Section VI – Functional Requirements.
E. Cybersecurity
Complete Section VII – Cybersecurity Questionnaire.
F. 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. A list of qualifications for your firm and qualifications and experience of the specific
staff members proposed to perform the services described above.
3. References. Provide a minimum of three similar projects with public agencies in the
last five years that have involved the staff and subcontractors/subconsultants
proposed to work on this project. Include the owner’s name, title of project, beginning
price, ending price, contact name, email and phone number, subconsultants on the
team and a brief description of the work and any change orders. The Service Provider authorizes the City/PFA to verify any and all information contained herein and hereby
releases all those c oncerned providing information as a reference from any liability in
connection with any information provided.
4. Provide any information that distinguishes Service Provider from its competition and
any additional information applicable to this RFP that might be valuable in assessing
Service Provider’s proposal.
G. Sustainability/TBL Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values.
Each element of the TBL sustainability criteria will receive equal consideration in
determining the final Sustainability/TBL score.
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
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sustainable practices in previous similar projects on which your firm has been the
prime Service Provider.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
workplace, including leadership, and supply chain. Examples of this may be
demonstration of working within cultural and language gaps, development of diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
H. Cost
Complete Section VIII – Total Cost of Ownership Schedule.
I. Sample Agreement & SaaS Special Provisions
Included with this request for proposals is a sample Agreement that the City/PFA may use
for obtaining the services of the Service Provider . The Service Provider is required to
review this Agreement and indicate any objections to the terms of the contract. If revisions
to the contractual terms are requested, provide suggested revisions.
The parties may also elect to use the Servic e Provider’s Agreement instead of the
City/PFA’s. Should Service Provider prefer to use its Agreement, a copy must be included
in the Service Provider’s proposal. The City/PFA will require that the SaaS Special
Provisions set forth in Section X be included in the Service Provider’s Agreement. The Service Provider is required to review these terms and indicate any objections in its
proposal.
J. Acknowledgement
The Acknowledgement form is attached as Section V. Complete the attached form
indicating the Service Provider hereby acknowledges receipt of the City/PFA Request for
Proposal and acknowledges that the Service Provider has read and agrees to be fully
bound by all of the terms, conditions and other provisions set forth in the RFP.
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IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Service Providers will be evaluated on the following criteria. This set of criteria will be the basis for review and assessment of the written proposals and optional interview session.
At the discretion of the City/PFA, interviews of the top-rated Service Providers may be
conducted.
The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements,
a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds
minimum requirements in that category .
WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
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? Is the proposed implementation
schedule reasonable? Does the firm provide all
the requested implementation and ongoing
support? Are other qualified personnel available to assist in meeting the project schedule if
required?
3.0 System Capabilities
Does the proposal include the requisite
Functional Requirements form? Are there numerous functional requirements that are not
available? Does the system have the capability
to interface with JD Edwards as needed?
2.0 Cybersecurity
Does the proposal include the requisite
Cybersecurity Questionnaire? Does the firm have adequate security measures in place to
safeguard data? Are data centers based in the
United States? Does the firm have clearly
defined processes for system updates?
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?
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WEIGHTING
FACTOR CATEGORY STANDARD QUESTIONS
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?
2.0 Cost
Does the proposal included detailed cost break -
down for each cost element as applicable and
are the line-item costs competitive? Do the
proposed cost compare favorably with the
Project Manager's estimate?
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V. ACKNOWLEDGEMENT
Service Provider hereby acknowledges receipt of 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 10001 Timekeeping, Payroll & HR Integration Solution for PFA and
sample Agreement except as otherwise noted. Additionally, Service Provider hereby makes
the following representations to City/PFA:
a. All of the statements and representations made in this proposal are true to the best of the
Service Provider’s knowledge and belief.
b. Service Provider commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Service Provider further agrees that the method of award is acceptable.
e. Service Provider also agrees to complete the proposed Agreement with the City/PFA
within 30 days of notice of award. If contract is not completed and signed within 30 days,
City/PFA reserves the right to cancel and award to the next highest rated firm.
f. Service Provider acknowledges receipt of addenda.
g. Service Provider acknowledges no conflict of interest.
h. Service Provider acknowledges that the City/PFA 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/PFA 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.
All pricing will be considered public records subject to disclosure under CORA and as such
pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal.
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 information and financial data
information may not be disclosed by the City/PFA. 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/PFA for the City/PFA’s good faith compliance with CORA. All provisions and pricing of any contract
resulting from this request for proposal will be public information.
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
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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. FUNCTIONAL REQUIREMENTS
This questionnaire has also been uploaded to BidNet as a separate Microsoft Word document
for your convenience.
The following Functional Requirements section details the scope of work and requirements of
the PFA and is meant as an initial guide for the proposal. The PFA is looking for a
comprehensive and best practice solution for its timekeeping and payroll needs. Service
Providers should address these requirements by marking an “X” in the appropriate status box
(“Yes”, “No”, “NA”, or “Future Release”) to indicate if the feature is present in the current
release.
YES NO N/A Future Release
1. Time and Attendance Function General Requirements:
TA.1 The system has the ability to provide audit trail
reporting of all data entries, changes and deletions by
user, date, time.
TA.2 Web-based, employee-self-service.
TA.3 The system has the ability to enter and view time via a
Mobile App.
TA.4 The system has the ability to support the concurrent
use of different types of devices for time entry.
TA.5 The system has the ability to perform data validation
upon the completion of all time entries for account
strings (e.g., has the ability to match the account string
to the proper pay type).
TA.6 The system has the ability to perform data validation
upon the submission of timesheet by the individual
employee.
TA.7 The system has the ability to perform data validation
upon timesheet approval.
TA.8 The system has the ability to display a
complete list of error messages for an entry (i.e., not
only the first error).
TA.9 The system has the ability to allow corrections to be
made to postings suspended due to validation errors.
The system has the ability to enforce full edit/validation
rules for all updates.
TA.10 The system has the ability to provide edits to ensure
that timesheet entry is completed and required
approvals have been received before submitting to
automated payroll processing.
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YES NO N/A Future Release
TA.11 The system has the ability to allow end users (with
appropriate security permissions) to configure audit
and entry rules to align with PFA business needs.
TA.12 The system has the ability to handle
schedule/department/job changes retroactive to
reported time being entered prior to submission.
TA.13 The system has the ability to handle time entry
corrections retroactive to reported time being entered
prior to submission (e.g., add hours, correct missed
time, amend hours).
TA.14 The system has the ability to track activity log for time
entry purposes.
TA.15 The system has the ability to track pay codes for time
entry purposes.
TA.16 The system has the ability to track any element of the
chart of accounts for time entry purposes.
TA.17 The system has the ability to track ad-hoc items for
time entry purposes (e.g., item or project tracking for
FEMA reporting, emergency responses).
TA.18 The system has the ability to track work codes for time
entry purposes (e.g., police use work codes to track
where overtime is spent).
TA.19 The system has the ability to track unlimited category
codes for time entry purposes.
TA.20 The system has the ability to display employee accrual
balances on time entry screen to consolidate and
simplify time entry.
TA.21 The system has the ability to show accrual balances in
real time in the employee timecard.
TA.22 The system has the ability to configure how balances
accrue and display in the employee timecard (e.g.,
certain leave types not allowed to be selected until
approval received).
TA.23 The system has the ability to provide the option to
control entries by inactive/terminated employees.
TA.24 The system has the ability to record employee’s
approval of a timesheet.
TA.25 The system has the ability to designate a back-up for
employees that are unable to enter or approve their
time (e.g., due to sick leave).
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YES NO N/A Future Release
TA.26 The system has the ability to record employee’s
approval of a timesheet.
TA.27 The system has the ability to designate a back-up for
employees that are unable to enter or approve their
time (e.g., due to sick leave).
TA.28 The system has the ability to secure the timesheet
data from any updates or changes after a designated
sign-off.
TA.29 The system has the ability to allow staff with the
appropriate security permissions to make edits to the
timesheet data after sign-off.
TA.30 The system has the ability to provide warning or to prevent employees (per user-defined criteria) from
making duplicate time entries (e.g., cannot submit time
twice).
TA.31 The system has the ability to code rules for time entry to avoid errors and audit (e.g., account code
verification, leave balance checks).
TA.32 The system has the ability to route timesheets to PFA
users based on the time entry codes entered.
TA.33 The system has the ability to import time entry from
the interfaces identified in the interfaces tab.
TA.34 The system has the ability to allow entry of equipment
usage in time entry.
TA.35 The system has the ability to allow entry of driver data,
DOT data (e.g., driving hours, vehicle number).
TA.36 The system has the ability for an employee to record
time for multiple positions as a result of a mid-period
transfer.
TA.37 The system has the ability for an employee to record
time for multiple positions worked on a single day (e.g.
out of class).
TA.38 The system has the ability to restrict time reporting
codes entered by employees to those selected for the
employee’s group.
TA.39 The system has the ability to restrict time reporting codes entered by employees at the individual
employee level.
TA.40 The system has the ability to restrict time reporting
codes entered by employees at the hourly, classified
non-exempt, exempt level.
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TA.41 The system has the ability to restrict time reporting
codes to be entered by staff with appropriate security permissions (e.g., FMLA, tuition reimbursement,
worker's comp).
TA.42 The system has the ability to allow staff with
appropriate security permissions to upload documentation in support of time entries (e.g., travel
expense reimbursements).
TA.43 The system has the ability to require online approval of
time by managers.
TA.44 The system shall provide the ability to designate a
proxy for managers that are unable to enter or
approve time (e.g., due to sick leave).
TA.45 The system has the ability to route (through workflow)
timecards to multiple managers (across all divisions)
for review, edit, and approval (i.e., in instances where
employee has worked for multiple managers).
TA.46 The system has the ability to allow management
review of timecards on the detail and summary levels.
TA.47 The system has the ability to notify employees and/or
a supervisor of rejected timecard (via workflow).
TA.48 The system has the ability to provide reminders to
employees to complete time entry.
TA.49 The system has the ability to notify approvers of
timecards pending approval.
TA.50 The system has the ability to notify employee/approvers of timecard errors. The system
must be able to send additional e-mail alerts
escalating the issue to higher level individuals or
designated proxy individuals.
TA.51 The system has the ability to notify managers of
timecard revisions to prior periods. The system must
be able to send additional e-mail alerts escalating the
issue to higher level individuals or designated backup
individuals.
TA.52 The system has the ability to notify employees or
managers when they have not submitted or approved
timesheets. The system must be able to send
additional e-mail alerts escalating the issue to higher
level individuals or designated backup individuals.
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TA.53 The system offers employees self-service capabilities
for common tasks, such as filling out timecards or requesting time off, helps employees and managers
perform a lot of these everyday jobs themselves
without involving HR resources.
TA.54 The system has the ability to allow a supervisor or other time reviewer/approver to view the status of
submitted/unsubmitted time sheets for all of their direct
reports.
TA.55 The system has the ability to allow employees to
submit leave requests.
TA.56 The system has the ability to validate leave requested
or leave time entered by staff.
TA.57 The system has the ability to notify employees of
rejected leave requests.
TA.58 The system has the ability to require electronic time
stamp for time approval.
TA.59 The system has the ability to allow overtime approval
to occur prior to the work being performed.
TA.60 The system has the ability to allow overtime approval
to occur after the work has been performed.
TA.61 The system has the ability to enforce requiring preapproval of overtime to occur prior to when the
work has been performed.
TA.62 The system has the ability to hold data entered on-line
in a suspense or pending file until approved
electronically and released for processing.
TA.63 The system has the ability to allow employees to enter
time on demand.
TA.64 The system has the ability to allow employees to edit
the current period time after manager approval,
requiring the manager to reapprove any changes.
TA.65 The system has the ability to allow edits to employee
timecards in the current period and notifies the
employee of the change.
TA.66 The system has the ability to allow mass edits on employee timecards including charging time to a
specific business unit, sub-ledger, account strings, etc.
(with appropriate authorization).
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TA.67 The system has the ability to allow managers to
perform mass edits on employee timecards including charging time to a specific business unit, sub-ledger,
account strings, etc.
TA.68 The system has the ability to notify employees of any
edits to their reported time.
TA.69 The system has the ability to default a standard
number of hours per pay period for exempt
employees.
TA.70 The system has the ability to reduce generated
standard hours by exception time for exempt
employees (e.g. vacation, sick).
TA.71 The system has the ability to evaluate an employee's
total number of hours worked in a pay period and add
hours from a reserve bank in order to record a pre-
defined number of hours worked in the pay period.
TA.72 The system has the ability to accommodate time
donations.
TA.73 The system has the ability to provide time codes to
support 24-day FLSA calculation.
TA.74 The system has the ability to allow end users (with
appropriate security permissions) to perform manual
adjustments to the reserve bank.
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TA.75 The system has the ability to store time and
attendance history data, including:
• Employee name
• Employee ID number
• Work group
• Dates
• Time/leave, including time and type (e.g.,
overtime, vacation, etc.)
• Manager approval history
• Reserve bank of hours (to be used for smoothing
pay).
• Store time and attendance history for the PFA-
defined period of time with the ability to archive
data.
The system has the ability to accommodate Fair Labor
Standards Act (FLSA) laws based on the PFAs current
pay codes as well as the following:
• Adhere to all current and future local, State, and
Federal laws.
• Adhere to multiple State and local laws (e.g., State of Colorado and remote employees out of
state).
• Ability to capture additional information associated
with time entry, such as projects, equipment, cost
center, department ID, program, activity code, and
tasks.
• Ability to link labor distribution to Project
Management, Grant Management, etc.
• Ability to validate labor distribution field values
through an integrated link to the source
module/application.
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TA.76 The system has the ability to support multiple
timesheet layouts that include:
• Exempt view where only exception time (e.g., time
off) is entered.
• Hourly view where all hours worked are reported,
but where hours worked are reported in time
in/out format.
• Hourly format where hours worked are reported in
elapsed hours.
• Scheduled-based view (e.g. by two-week pay
period).
• Shift based.
• Job/role specific.
• Other user defined.
• Allow time to be entered based on PFA-defined
rules including daily, weekly, and bi-weekly.
TA.77 The system has the ability to default the defined pay
period for time entry.
TA.78 The system has the ability to provide configurable
alerts when the employee is reaching or has reached
maximum bank.
TA.79 The system has the ability to provide configurable
alerts when the employee has made time entry errors
(e.g., entered too many hours, wrong week).
TA.80 The system has the ability to generate timecards for a
pay year.
TA.81 The system has the ability to allow immediate time
entry for employees newly entered into the employee
master.
TA.82 The system has the ability to configure the time entry
hierarchy for approvals.
TA.83 The system has the ability for an employee to enter all
time for all time worked and all time off.
TA.84 The system has the ability to print a timecard from the
system for manual time tracking.
TA.85 The system has the ability to print a range of
timecards by employee group, time period, or other
user-defined criteria.
TA.86 The system has the ability to provide general training,
help guides for time entry and approval.
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TA.87 The system has the ability to provide assistance (e.g.,
FAQ, contextual assistance, etc.) for time entry to aid
in the entry process.
2. Project Time Entry Function General Requirements:
PTE.1 The system has the ability to separate exception-
based and non-exception-based time entry in order to
accommodate the varying types of employees at PFA
and to better track projects and grants.
PTE.2 The system has the ability to charge time into project
accounting on a fixed percentage, percentage of an
hour, fixed dollar, and allocation formula to each
project or other user-defined options.
PTE.3 The system has the ability to charge time into project
accounting on an hours by day basis to each project.
PTE. 4 The system has the ability to track time towards
projects or grants based upon the specific pay code at
the time it was worked.
PTE.5 The system has the ability to provide a drop-down of
project codes/names that an employee is eligible to
enter time against, avoiding the need to manually enter each project code/name with the ability to filter
by user-defined parameters (e.g., department,
division).
PTE.6 The system has the ability to provide a drop-down of account strings that an employee is eligible to enter
time against, avoiding the need to manually enter each
account string with the ability to filter by user-defined
parameters (e.g., department, division).
PTE.7 The system has the ability to provide favorites for
selecting projects and/or grants against which time
was worked.
PTE.8 The system has the ability to support the entry of time by a single employee against a minimum of 10
projects per pay period.
PTE.9 The system has the ability to allow users to record the
use of assets (both fixed assets and small assets) associated with work performed with the ability for an
asset to be associated with multiple projects in a day.
PTE.10 The system has the ability to track equipment rate.
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PTE.11 The system has the ability to allow users to record an
unlimited number of assets associated with work performed (i.e., ten assets could be tied to a project in
a single day).
3. Scheduling Function General Requirements:
SCH.1 The system has the ability to separate exception
based and non-exception-based time entry in order to
accommodate the varying types of employees at PFA
and to better track projects and grants.
SCH.2 The system has the ability to accommodate the
following types of schedules:
• Group schedules
• Individual schedules
• Rotation schedules
• Shift schedules
• On-call/standby
• Demand-based schedules
• Bus Route schedules that result in shift code
assignment
• Other user defined
SCH.3 The system has the ability to support unlimited
schedules, including user-defined schedules.
SCH.4 The system has the ability to maintain the following
tables for schedule creation:
• Shift
• Fixed Schedule
• Part-Time Shift Schedule
• Full-Time Shift Schedule
• Flexible Schedule
• Division
• Rotation (number of days on and off)
• Work positions
• Work assignments
• Leave types (sick, vacation, military, etc.); and
Mandatory or non-mandatory fill position indicator.
SCH.5 The system has the ability to accommodate unlimited
schedule changes and adjustments on demand.
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SCH.6 The system has the ability to maintain various defined
shifts with the following characteristics and
information:
• Varying hours per shift
• Start times
• End times
• Duration
• Multiple shift patterns
• Multiple employee roles
• Required certifications of resources for the shift
• Multiple locations
• Multiple sub-locations; and
• Multiple skill requirements
• Other, user Defined
SCH.7 The system has the ability to maintain unlimited shift
configurations in the table of defined shifts.
SCH.8 The system has the ability to prohibit resources from
being scheduled for a particular shift that do not meet
prescribed requirements.
SCH.9 The system has the ability to override restrictions on
employees being scheduled for a particular shift.
SCH.10 The system has the ability to assign the number of
personnel required each day for defined positions.
SCH.11 The system has the ability to identify variances (both
positive and negative) between required number of
personnel and actual scheduled for a given position on
a given day.
SCH.12 The system has the ability to assign the number of
personnel required at each location for defined
positions and days (e.g., minimum clerical staff at a
particular office on Mondays).
SCH.14 The system has the ability to identify variances (both
positive and negative) between required number of
personnel and actual scheduled for a given location on
a given day.
SCH.15 The system has the ability to identify variances (both
positive and negative) between required number of
personnel and actual scheduled for a given location on
a given day.
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The system has the ability to utilize department roles for
automated staffing including the following characteristics and
information:
SCH.16 Staffing minimums
SCH.17 Roster vacancies due to leave time
SCH.18 Insufficient "qualified" candidates (e.g., certifications,
etc.)
SCH.19 The system has the ability to automatically contact
employees via telephone, email, text messaging and
web to offer an assignment and update the real-time
roster.
SCH.20 The system has the ability to support the shift bid
process for certain eligible groups of employees.
SCH.21 The system has the ability to allow the configuration of the order in which employees are contacted based on
any data field in the employee master file (e.g.,
seniority, last shift worked, etc.).
SCH.22 The system has the ability to maintain a log of all
employees who have been contacted.
SCH.23 The system has the ability to produce a list for each
absence by rules and create the call log.
SCH.24 The system has the ability to support multiple
notification methods including but not limited to:
• Telephone
• Text Messaging/SMS
• Cell phone
• Email
SCH.25 The system has the ability to accommodate work time
trades between employees.
SCH.26 The system has the ability to allow time to be tracked
using either AM/PM or military time.
SCH.27 The system has the ability to define split shift rotations.
SCH.28 The system has the ability to identify employees as
unavailable for overtime for a given time period and
specify reason.
SCH.29 The system has the ability to schedule shifts that cross
multiple days (e.g. start at 6:00 p.m. on one day and
complete at 2:00 a.m. on day two).
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SCH.30 The system has the ability to define workload
restrictions for each position. These could include number of hours between shifts, maximum hours
worked per regular shift, maximum overtime hours per
time period.
SCH.31 The system has the ability to define workload restrictions for each position including (but not limited
to) the following:
• Number of hours between shifts
• Maximum hours worked per regular shift
• Maximum hours worked per regular week
• Maximum overtime hours per time period
SCH.32 The system has the ability to override workload
restrictions.
SCH.33 The system has the ability to alert when minimum or
maximum thresholds aren't met.
SCH.34 The system has the ability to implement alternate
schedules (e.g., ad-hoc schedules for circumstances
of single occurrence).
SCH.35 The system has the ability to temporarily assign
employees.
SCH.36 The system has the ability to view multiple schedules
at once.
SCH.37 The system has the ability to publish and print an
official/final schedule.
SCH.38 The system has the ability to preserve the schedule in
the event the system is unavailable due to planned or
unplanned downtime.
SCH.39 The system has the ability to identify an assignment
that conflicts with a rule (minimum staffing, roving
in/out, can’t work OT in normal scheduled shift).
SCH.40 The system has the ability to define a mandatory
overtime backfill list based on prescribed business
rules.
SCH.41 The system has the ability to alert a shift scheduler
when assignment conflicts with a rule.
SCH.42 The system has the ability to schedule meals and
breaks, as well as start and end times.
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SCH.43 The system has the ability to support different
schedule types (e.g., 9x80, 3x12 schedules, 4-hour
shifts)
SCH.44 The system has the ability to support user-defined flex
schedules (e.g. 50/30, etc.).
SCH.45 The system has the ability to calculate overtime based
on FLSA regulations. The system should be able to
calculate per the Fire FLSA rules, with the ability to
calculate overtime figuring FLSA on the 48/96 - 24-day
cycle.
SCH.46 The system has the ability to allow eligible employees
to select to pay out overtime or select to accrue it as
comp time (e.g., PFA employee selects to cash out OT
for the pay period).
SCH.47 The system has the ability to view and maintain all
previous schedules.
SCH.48 The system has the ability to route an alert/notification
when a defined hour-limit is reached.
SCH.49 The system has the ability to populate PFA holidays
and other closures in the schedule, system wide.
SCH. 50 The system can provide configurable pay differentials
in acting roles.
SCH. 51 The system has the ability to not export timecards if
employee status is not active, alert administrators that
employee’s LOA time period end is approaching, to
ensure employees are reactivated or terminated if
LOA time period passes, etc.
SCH. 52 The system has the ability to notify when employees
are approaching the end of the introductory period,
modified duty, changing shifts, etc.
SCH. 53 The system has the ability to accommodate any pay
schedule such as biweekly, bimonthly, or weekly.
SCH. 54 The system has the ability to not export timecards if
employee status is not active, alert administrators that employee’s LOA time period end is approaching, to
ensure employees are reactivated or terminated if
LOA time period passes, etc.
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4. Leave Time Accrual and Use General Requirements:
LTA.1 The system has the ability to capture and track leave
for multiple leave types, including but not limited to:
• Administrative Leave
• Vacation (used and unused)
• Sick leave
• Sick leave - donations (vacation donated into a
sick leave bank)
• Comp Time (used and unused)
• Workers' Compensation
• Injury Leave
• Holiday
• Banked Holiday
• Floating holidays
• Personal days
• FMLA Leave
• Medical Leave
• Leave without pay (with benefits)
• Leave without pay (without benefits)
• Military leave
• Funeral/bereavement leave
• Professional/Educational leave
• Personal leave
• Dependent Care Leave
• Administrative leave
• Civic duty leave
• Jury duty/witness duty
• Short-term disability
• Long-term disability
• Emergency Leave
• Minor Emergency Leave
• Other, user-defined
LTA.2 The system has the ability to maintain leave accrual
schedules, containing leave type and accrual rates.
LTA.3 The system has the ability to enforce user-defined
rules for leave accrual and usage (e.g., holiday accrual
and usage may differ across employee groups).
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LTA.4 The system has the ability to configure leave accruals
according to employee type.
LTA.5 The system has the ability to limit leave time earned by
employee and by user-defined groups (maximums).
LTA.6 The system has the ability to track all types of leaves
in user-defined units.
LTA.7 The system has the ability to account for all leave time
at varying accrual rates.
LTA.8 The system has the ability to define and assign leave
accrual schedules by job class and FLSA (or other
user-defined classification), with override capability at
the individual employee level.
LTA.9 The system has the ability to accommodate partial
leave accrual for part-time employees based on actual
time worked.
LTA.10 The system has the ability to accrue sick and vacation
time at the end of a user specified period (e.g., day,
week, pay period, or month).
LTA.11 The system has the ability to capture and maintain
breaks in service.
LTA.12 The system has the ability to track and maintain
shared leave detail including (but not limited to) donating employee, receiving employee, leave
balances.
LTA.13 The system has the ability to accommodate cumulative
(rollover) and non-cumulative (use-it-or-lose-it) leave
accruals.
LTA.14 The system has the ability to set a maximum for
cumulative (rollover) leave accruals.
LTA.15 The system has the ability to allow for establishing
PFA-defined business rules for leave roll-overs (e.g.
unused personal day automatically rolls into vacation
day).
LTA.16 The system has the ability to temporarily suspend
leave accrual (e.g., during unpaid leave).
LTA.17 The system has the ability to require that accruals be configured to accrue on any frequency, including (but
not limited to) daily, each holiday, weekly, bi-weekly,
semi -monthly, monthly, quarterly, semi-annually, and
annually.
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LTA.18 The system has the ability to support leave types that
are configurable by the PFA (e.g., PFA dependent sick
leave process).
LTA.19 The system has the ability to project future balances
based on debits and credits of leave time.
LTA.20 The system has the ability to provide daily balances in
real-time of available employee comp and leave time.
LTA.21 The system has the ability to provide a view/query into prior leave accrual balances as of a certain past date
or prior pay period (e.g. look-back to see leave
balance as of two months ago).
LTA.22 The system has the ability to calculate liability for unused earned leave at regular intervals and on
demand.
LTA.23 The system has the ability to allow a system-
generated flag to be configured for the expiration of a certain leave type (e.g., alert appears at 60-days prior,
30-days prior, etc.).
LTA.24 The system has the ability to alert
managers/supervisors on leave usage exceptions.
LTA.25 The system has the ability to override leave balances
based on leave type, with appropriate security
permissions.
LTA.26 The system has the ability to add, edit, or delete leave
events in current pay period, with appropriate security
permissions.
LTA.27 The system has the ability to set an inception date to
set up accruals based on inception date (e.g., leave
bank that rolls over).
LTA.28 The system has the ability, for employees and managers, to review available and used leave time
(e.g., PTO inquiry screen).
LTA.29 The system has the ability to add, edit, or delete leave
events in any previous pay period, with appropriate
security permissions.
5. Time Off Request General Requirements:
TOR.1 The system has the ability to provide a web-interface
for time off request submittal by employees (vacation
time, comp time, planned sick time, holiday special).
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TOR.2 The system has the ability to display leave accrual
rates, codes, maximum balances and history to employee as time is being entered with data as-of the
prior pay period.
TOR.3 The system has the ability to validate leave balances
real-time (based on the actuals from the previous
period) at the point of entry.
TOR.4 The system has the ability to provide an employee
portal and/or dashboard that displays carryover PTO,
anniversary dates, etc.
The system has the ability to perform workflow functions for
electronic leave request approval, including:
TOR.5 Request submittal.
TOR.6 Manager(s)/Supervisor(s) review/decision.
TOR.7 Request status monitoring.
TOR.8 Notification of request approval/decline.
TOR.9 Other, user defined.
TOR.10 The system has the ability to set limits and qualifying
conditions on use of leave time.
TOR.11 The system has the ability to project an employee’s
leave balance, considering any future accruals and
existing requests.
TOR.12 The system has the ability to provide proper levels of
data encryption for data that is considered private to
the employee and/or subject to HIPAA.
TOR.13 The system has the ability to show the employee and supervisor whether the time off requested will actually
be available at the future date, when considering all
other approved time off and any other accrued time off
in the meantime that is scheduled to occur.
TOR.14 The system has the ability to notify users of attempt to
submit leave request where accrued time is less than
requested time.
TOR.15 The system has the ability to make certain dates "unavailable"; meaning no leaves will be accepted by
the system for those days for some or all employees.
TOR.16 The system has the ability to restrict or allow sick and
vacation leave to be used only after it is earned
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TOR.17 The system has the ability to send an alert/notification
to employee and supervisor when accrual
maximum/minimum for leave time/s is approaching.
TOR.18 The system has the ability to allow real-time access to
accumulated sick and vacation time, based on access
level of the user.
TOR.19 The system has the ability for certain employee groups
to receive all holiday time during the beginning of the
year and allow them to use the holiday time throughout
the year (e.g., PFA employees are awarded all holidays at the start of the year, and they can select it
even if the holiday is not within the pay period).
TOR.20 The system has the ability to view leave requests in a
calendar view format.
6. Reporting and Querying General Requirements:
RQ.1 The system has the ability to provide a web-interface for time off request submittal by employees (vacation
time, comp time, planned sick time, holiday, special).
RQ.2 The system has the ability to use a single data source
for report generation.
RQ.2 The system shall provide an ad-hoc reporting tool.
RQ.3 The system has the ability to create custom reports
using external Report Writer.
RQ.4 The system has the ability to generate and customize
"canned" reports that users may run with limited
options of input values.
RQ.5 The system has the ability to generate user-defined
reports on any time entry field and/or combination of
fields.
RQ.6 The system shall provide role-based security on
running and viewing reports.
RQ.7 The system has the ability to schedule reports and
email or load the report to a folder.
RQ.8 The system has the ability to export data from reports
into standard applications for spreadsheet comparison,
graphing, etc.
RQ.9 The system has the ability to import data from reports
into standard applications for spreadsheet comparison,
graphing, etc.
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RQ.10 The system has the ability to generate reports on time
worked by the following including but not limited to:
• Location
• Department
• Division
• Task
• Project
• Job
• Leave type
• Hours paid by individual
• Hours entered
• Position
• Event
• Work group
• Shift
• Time errors
• Other, user-defined
• Ability to report by manager and/or employee
RQ.11 The system has the ability to provide a report that
details leave balances.
RQ.12 The system has the ability to provide a report that
details prior period adjustments and corrections.
RQ.13 The system has the ability to provide an error and
warning report, listing discrepancies with time entry for
all employees for the pay period as defined by the
Payroll Administrator.
RQ.14 The system has the ability to generate schedules with
leave time.
RQ.15 The system has the ability to create a calendar that
shows a specific employee's work schedule for the
entire year.
RQ.16 The system has the ability to generate a year-to-date
report of time worked by employee.
RQ.17 The system has the ability to generate an electronic
copy of any previous timecard.
RQ.18 The system has the ability to generate an electronic
copy of any previous timecard with employee and
manager timestamps and signatures.
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RQ.19 The system has the ability to provide a report filtered
by location that identifies the total number of hours
worked per employee in a pay period or by year.
RQ.20 The system has the ability to generate a report of part-
time employee hours worked on a twelve -month, 30
hours per week, for 1,560-hour total under the ACA.
7. Advanced Functionality:
ADV.1 The system can provide a web-interface for time off request Provide clock in/clock out functionality for
specific groups of employees, using the employee's
job(s), or other means of identifying positions that are
required to clock in/out.
ADV.2 Provide the ability to log hours per day if clock in/clock
out is not needed.
ADV.3 Allow the employee or manager to assign the business
unit where time is charged, if different than their default business unit. Prevent timecards from
processing with insufficient leave balances or with
invalid account strings.
ADV.4 Allow employees to select the specific job/position worked (multi-positions), where the job will be different
than the employee’s primary job and have a separate
hourly rate.
ADV.5 Automatically calculate a shift differential rate when an
employee/job/pay type is eligible.
ADV.6 Automatically generate overtime or compensatory
time, based on configurable pay types and employee
FLSA status.
ADV.7 Automatically generate a weighted average overtime
rate when the timecard has multiple rates.
ADV.8 Allow the employee or manager to assign the business
unit where overtime is charged, if different than their
default business unit
ADV.9 Require electronic signatures for submitting,
approving, and rejecting time.
ADV.10 Provide configurable reporting/auditing functions; for
example, remind managers, employees, delegates to
submit/approve time by a configurable deadline when timecards for non-exempt employees are missing or
incomplete.
RFP 10001 Timekeeping, Payroll & HR Integration Solution for PFA Page 35 of 68
YES NO N/A Future Release
ADV.11 Alert managers and employees when hours per day,
or total hours per pay period exceeds a configurable
number, requiring a second review.
ADV.12 Allow managers to set up delegates to approve time in
their absence.
ADV.13 Provide the ability to configure pay types to employee
groups (for example Exempt, Non-Exempt, by CBA, by
Job).
ADV.14 Require comments when the hours per day exceed a
configurable number.
ADV.15 Prevent timecards from processing when hours per
day exceed 24 hours.
ADV.16 Support mileage entry on the timecard, where miles
are used in place of hours.
ADV.17 Require comments when the mileage pay type is used.
ADV.18 Allow hours/miles per day to exceed 24 when the
mileage pay type is used.
ADV.19 Allow the employer/administrator to enter lump sum
dollars rather than hours, configurable based on
employee/pay type/job.
ADV.20 Provide Real-time, bidirectional integration with the
City’s ERP system. For example, live access to
employees, org structure, pay types, employee leave
balances and account strings, preventing timecards
from processing with insufficient leave balances or
with invalid account strings.
ADV.21 Provide an export of timecard data at various states -
unapproved, approved, saved, per the City's standard
timecard interface format, including overtime
calculations per the City's standard timecard interface format. Timecard elements include but are not limited
to Employee Numbers, pay types, hours, work dates,
employee pay rates, jobs, lump sum amounts. The
current interface through JD Edwards is shown below:
RFP 10001 Timekeeping, Payroll & HR Integration Solution for PFA Page 36 of 68
RFP 10001 Timekeeping, Payroll & HR Integration Solution for PFA Page 37 of 68
YES NO N/A Future Release
ADV.22 Configurable export of timecard data.
ADV.23 Calculate annual Longevity Pay based on years of
service.
ADV.24 The system shall be able to accept Employee Data Inbound from ERP into the Timekeeping System, such
as
• Employee ID
• Employee Name
• Employee Email
• Union Code
• Job
• Position
• Interim Position
• Pay Rate
• Pay Start Date
• Manager ID
• Manager Name
• Manager Email
• Shift Code
• Full Time Equivalent (FTE)
• Pay Status
• Last Day on Payroll
• Last Day Worked
• Employee’s FLSA status
• Date in Current Job
• Date in Current Position
• Service Date
• Leave of Absence Start Date
• Leave of Absence End Date
• Introductory Period End Date
• Next Review Date
• Pay Frequency
• State Worked/Tax Area (future)
ADV.25 The system shall be able to accept Payroll Data Inbound
from ERP into the Timekeeping System, such as
• Job
• Pay Type Numbers
• Pay Type Descriptions
• Manager of Job (can be different than employee’s primary
manager)
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YES NO N/A Future Release
ADV.26 The system shall be able to accept Accounting Data
Inbound from ERP into the Timekeeping System, such as
• Company
• Business Unit
• Subsidiary
• Subledger
• Subledger type
ADV.27 The system shall be able to accept Leave Balance data
inbound from the ERP into the Timekeeping System, such as
• Employee ID
• Leave Type
• Beginning Balance
• Hours Accrued
• Hours Taken
• Ending Balance
• Pay Period Accrual
(if the time keeping system takes over leave management, this is
not needed).
8. Technical/Network/Authentication
TNA. 1Domain Flexibility:
• The application must allow users to authenticate using
credentials from multiple domains through administrative
system configuration.
• The system should support adding, modifying, and
removing domains without significant downtime or user
disruption.
TNA.2 Identity Provider Integration:
• Support for integrating with multiple identity providers
(e.g., Active Directory, LDAP, SAML, OAuth).
• Ensure compatibility with Single Sign-On (SSO) solutions to streamline user access across domains.
TNA.3 Security:
• Implement strong authentication mechanisms to ensure
secure access for all users.
• Support multi-factor authentication (MFA) across all
domains.
• Ensure compliance with relevant security standards and
regulations.
TNA.4 Scalability and Performance:
• Ensure the application can handle authentication
requests from a large number of users across multiple
domains without performance degradation.
• Optimize the system to efficiently manage authentication
traffic and load.
RFP 10001 Timekeeping, Payroll & HR Integration Solution for PFA Page 39 of 68
YES NO N/A Future Release
TNA.5 User Experience:
• Provide a seamless login experience for users, regardless of the domain they belong to.
• Ensure clear and user-friendly error messages and
support for users experiencing authentication issues.
TNA.6 Monitoring and Logging:
• Implement logging and monitoring mechanisms to track
authentication attempts and issues across all domains.
• Provide administrators with access to detailed logs and
reports for troubleshooting and auditing purposes.
TNA.7 Documentation and Support:
• Provide comprehensive documentation for setting up
and managing multiple domain authentication.
• Offer technical support and training for administrators to
ensure smooth implementation and maintenance.
TNA.8 Acceptance Criteria
• The SaaS application successfully authenticates users
from multiple domains without errors.
• Administrators can add, modify, and remove domains
with minimal downtime.
• Users experience a seamless login process with
appropriate security measures in place.
• Performance metrics meet predefined thresholds for
authentication speed and reliability.
• Detailed logs and reports are available for all
authentication activities.
RFP 10001 Timekeeping, Payroll & HR Integration Solution for PFA Page 40 of 68
VII. SAAS CYBER VENDOR QUESTIONNAIRE
This questionnaire has also been uploaded to BidNet as a separate Microsoft Word document
for your convenience.
1. Data Ownership: The City/PFA will own all rights, title and interest in its data that is
related to the services provided. All data obtained by the vendor regarding the
performance of these services shall become and remain the property of the City/PFA.
The vendor will not share or distribute any City/PFA data to any other entity without the
City/PFA's written consent. Can you comply with this?
Answer:
2. Data Protection: Describe how you safeguard the confidentiality, integrity, and
availability of City/PFA information, including encryption of personal data in transit and
at rest, and access control. Do you have a privacy and security policy, and does the
policy apply to customers’ private data including personal identifiable information?
Answer:
3. Data destruction: What procedures and safeguards does the vendor have in place for
sanitizing and disposing of City/PFA data according to prescribed retention schedules
or following the conclusion of a project or termination of a contract to render it
unrecoverable and prevent accidental and/or unauthorized access to City/PFA data?
Answer:
4. Data Location: Are the data centers where City/PFA data may be stored or processed
located exclusively in the United States? Do you allow your personnel or contractors to
store City/PFA data on portable devices? Do your personnel and contractors access
City/PFA data remotely?
Answer:
5. Security Incidents or Data Breaches: Describe your data breach and incident response communication plans. Has the company experienced any security breaches?
If yes, explain.
Answer:
6. Breach Responsibilities: In addition to data breach communication, what additional
responsibilities do you have to your customers in the event of a data breach involving
private data that is in your control, or in the control of your contractors/subsidiaries, at
the time of breac h? Do you have cybersecurity insurance? If yes, provide an overview
of the coverage.
Answer:
7. Background Checks: Do you conduct criminal background checks on all staff, including
subcontractors? Do you employ people convicted of any crime of dishonesty?
Answer:
8. Access to Security Logs and Reports: The vendor shall provide reports to the
City/PFA in a format specified in the SLA agreed to by the vendor and the
RFP 10001 Timekeeping, Payroll & HR Integration Solution for PFA Page 41 of 68
City/PFA. Reports shall include latency statistics, user access, user access IP address,
user access history and security logs for all City/PFA files related to this contract. Can
you comply with this?
Answer:
9. Risk Assessments and Audits: Do you conduct periodic risk assessments to identify
cybersecurity threats, vulnerabilities, and potential business consequences? Do you
have regular independent assessments of your cybersecurity processes? Do you
perform independent audits of your data center? How often? What level of audit is
performed (e.g., SOC2)? Would you be willing to share redacted versions of your most
recent risk assessment and audit report with the City/PFA?
Answer:
10. Change Control and Advance Notice: How do you communicate upgrades (e.g.,
major upgrades, minor upgrades, system changes) that may impact service availability
and performance to your customers?
Answer:
11. Upgrades: Are technology systems (e.g., servers, network devices, operating systems,
applications, malware definitions) regularly updated/patched? Do you have any systems
in production that are past end of life or that can no longer be patched?
Answer:
12. Non-disclosure and Separation of Duties: Describe how you enforce separation of
job duties and limit staff knowledge of City/PFA data to that which is necessary to
perform job duties.
Answer:
13. Import and Export of Data: Describe the data import and export processes from the
customer’s perspective.
Answer:
14. Subcontractor Disclosure: Identify all your strategic business partners related to
services provided under this arrangement, including but not limited to all subcontractors
or other entities or individuals who may be a party to a joint venture or similar agreement
with the you, and who shall be involved in any application development and/or
operations.
Answer:
15. Right to Remove Individuals: The City/PFA shall have the right at any time to require that the vendor remove from interaction with the City/PFA any vendor representative
who the City/PFA believes is detrimental to its working relationship with the vendor. Can
you comply with this?
Answer:
RFP 10001 Timekeeping, Payroll & HR Integration Solution for PFA Page 42 of 68
16. Encryption of Data at Rest: Can you ensure hard drive encryption consistent with
validated cryptography standards as referenced in FIPS 140-2, Security Requirements
for Cryptographic Modules for all personal data?
Answer:
17. Internet-Facing Security: We may use BitSight (like a credit report for cyber security)
to assess your internet-facing security. Do you subscribe to BitSight or a similar service,
and if so, are you willing to provide a sanitized report?
Answer:
18. Service Interruption: In the event of an interruption of your service, what is your
process for notifying customer operations of the circumstances of the interruption or
outage and the expected recovery time?
Answer:
19. Backup and Recovery: What is your backup & recovery SLA? What are the actual
results/metrics vs. the SLA for the last 12 months? Is your backup data encrypted and,
if so, to what standard?
Answer:
20. Authentication: Do you have an internal password policy? Do you have complexity or
length requirements for passwords? Can employees/contractors remotely connect to your production systems? (i.e., VPN. Is multi-factor authentication available? Do you
require MFA for administration of your service (local or remote)? Do you support
SSO/SAML ADFS for customer access?
Answer:
21. Cyber Insurance: Does your firm carry cyber insurance? If so, what are your insurance
levels?
Answer:
22. CAIQ Questionnaire: Lack of security control transparency is a leading inhibitor to the
adoption of cloud services. As part of the City/PFA’s Information Security program
we are requesting that all our Cloud Service Providers complete and submit the
Cloud Security Alliance (CSA) CONSENSUS ASSESSMENTS INITIATIVE
QUESTIONNAIRE (CAIQ). This will enable Utilities to have greater confidence that the
information is being appropriately protected, and that processes are in place for
appropriate action to be taken where any areas of concern emerge.
The City/PFA will request that the Vendor of Choice complete the CAIQ to assess the maturity of policies, systems and controls that are in place related to services you
provide. The questionnaire is available here or www.cloudsecurityalliance.org. The
question set was developed by CSA in partnership with industry groups to provide an
agreed question set that can be used across the supply chain and is focused on
providing industry -accepted ways to document what security controls exist in IaaS,
PaaS, and SaaS offerings, providing greater security control transparency. Describe
Vendor familiarity with the CAIQ questionnaire.
Answer:
RFP 10001 Timekeeping, Payroll & HR Integration Solution for PFA Page 43 of 68
VIII. TOTAL COST OF OWNERSHIP SCHEDULE
This spreadsheet has also been uploaded to BidNet as a separate Microsoft Excel document
for your convenience.
VENDOR NAME:
Cost ITEM Summary Ye ar 1 Year 2 Year 3 Year 4 Year 5
One Time Costs 2024 2025 2026 2027 2028
Total One Time Costs -$ -$ -$ -$ -$
Total Ongoing Costs -$ -$ -$ -$ -$
Grand Total -$ -$ -$ -$ -$
Ongoing Costs
Official Purchasing Document
Last updated 5/2024
RFP 10001 Timekeeping, Payroll & HR Integration Solution for PFA Page 44 of 68
IX. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
SERVICES AGREEMENT
This SERVICES AGREEMENT (AGREEMENT) made and entered into the day and year
set forth in the Agreement Period section below by and between the CITY OF FORT COLLINS,
COLORADO, a Colorado Municipal Corporation (CITY) , as agent, on behalf of the Poudre Fire
Authority (PFA), and , a(n) [enter state] [business type], (SERVICE PROVIDER).
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The SERVICE PROVIDER agrees to provide Services in accordance
with the Scope of Services (Services) attached hereto as Exhibit A, consisting of [# of Pages]
and incorporated herein. Irrespective of references to named third parties in this
AGREEMENT and its Exhibits, the SERVICE PROVIDER shall be solely responsible for
performance of all duties hereunder.
2. Project Schedule. The Services to be performed pursuant to this AGREEMENT shall be
performed in accordance with the Project Schedule attached hereto as Exhibit [choose one],
consisting of [# of Pages], and incorporated herein.
3. Changes. The CITY/PFA may, at any time during the term of the AGREEMENT, make
changes to the AGREEMENT. Such changes shall be agreed upon in writing by the parties.
4. Agreement Period. This AGREEMENT shall commence , 20 (the Effective
Date) and shall continue in full force and effect until , 20 , unless sooner
terminated as herein provided. In addition, at the option of the CITY/PFA, the AGREEMENT
may be extended for additional one-year periods not to exceed [choose one] additional one-
year period(s). Renewals and pricing changes shall be negotiated by and agreed to by both
parties only at the time of renewal. [Any price changes shall not exceed percent (%)
per annual renewal]. Written notice of renewal shall be provided to the SERVICE
PROVIDER no later than thirty (30) days prior to AGREEMENT end.
5. Early Termination by CITY/PFA. Notwithstanding the time periods contained herein, the
CITY/PFA may terminate this AGREEMENT at any time without cause or penalty by
providing at least ten (10) calendar days written notice of termination to the SERVICE
PROVIDER.
In the event of early termination by the CITY/PFA, the SERVICE PROVIDER shall be paid
for Services rendered to the date of termination, subject only to the satisfactory performance
of the SERVICE PROVIDER's obligations under this AGREEMENT. SERVICE PROVIDER
shall submit a final invoice within ten (10) calendar days of the effective date of termination.
Payment shall be the SERVICE PROVIDER's sole right and remedy for such termination.
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6. Notices. All notices provided under this AGREEMENT shall be effective immediately when
emailed or three (3) business days from the date of the notice when mailed to the following
addresses:
SERVICE PROVIDER: PFA: Copy to:
Attn:
Email Address
Poudre Fire Authority
Attn:
102 Remington Street
Fort Collins, CO 80524
Email Address
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
All notices under this AGREEMENT shall be written.
7. Compensation. In consideration of the Services to be performed pursuant to this
AGREEMENT, the CITY agrees to pay the SERVICE PROVIDER [on a time and
reimbursable direct cost basis] [a fixed fee in the amount of ???? ($????)] [a fixed fee in the
amount of ???? ($????) plus reimbursable direct costs, wherein all such fees and costs
shall not exceed ???? ($????)] in accordance with Exhibit [choose one], consisting of [# of
Pages], attached and incorporated herein. Monthly partial payments based upon the
SERVICE PROVIDER's billings and itemized statements are permissible. The amounts of
all such partial payments shall be based upon the SERVICE PROVIDER's CITY-verified
progress in completing the Services to be performed pursuant hereto and upon the
CITY/PFA's approval of the SERVICE PROVIDER's actual reimbursable expenses. Final
payment shall be made following acceptance by the CITY of the Services.
Invoices shall be emailed to invoices@fcgov.com with a copy to the CITY/PFA Project
Manager. The cost of the Services completed shall be paid to the SERVICE PROVIDER
following the submittal of a correct itemized invoice by the SERVICE PROVIDER. The
CITY/PFA is exempt from sales and use tax. The CITY/PFA’s Certificate of Exemption
license number is 09804502. A copy of the license is available upon written request.
The CITY/PFA pays undisputed invoices on Net 30 days from the date of the invoice
submittal to the CITY/PFA or, for disputed invoices, Net 30 days from the date of CITY/PFA
Project Manager’s approval.
8. Design and Service Standards. The SERVICE PROVIDER warrants and shall be
responsible for the professional quality, technical accuracy, accessibility requirements under
ADA and Public Accommodations and Technology Accessibility sections below, timely
completion and the coordination of all Services rendered by the SERVICE PROVIDER, and
the Project Instruments as defined in the Project Instruments and License section below.
The SERVICE PROVIDER shall, without additional compensation, promptly remedy and
correc t any errors, omissions, or other deficiencies from such standards.
9. Indemnification. The SERVICE PROVIDER shall indemnify, defend, and hold harmless the
CITY/PFA and its officers and employees, to the maximum extent permitted under Colorado
law, against and from any and all actions, suits, claims, demands, or liability of any character
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whatsoever claimed by the SERVICE PROVIDER or third parties against the CITY/PFA
arising out of or related to this AGREEMENT (including but not limited to contract, tort,
intellectual property, accessibility, or otherwise). This obligation extends to reimbursement
of the CITY/PFA's defense costs and reasonable attorney’s fees.
10. Insurance. The SERVICE PROVIDER shall maintain insurance in accordance with Exhibit
[choose one] consisting of [# of Pages], attached and incorporated herein.
11. Appropriation. To the extent this AGREEMENT or any provision in it. requires payment of
any nature in fiscal years subsequent to the current fiscal year and constitutes a multiple
fiscal year debt or financial obligation of the CITY/PFA, it shall be subject to annual
appropriation by Fort Collins 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/PFA shall have no obligation to continue this AGREEMENT in any fiscal year for
which there are no pledged cash reserves or supporting appropriations pledged irrevocably
for purposes of payment obligations herein. Non-appropriation by the CITY/PFA shall not
be construed as a breach of this AGREEMENT.
12. Project Instruments and License.
a. Upon execution of this AGREEMENT, the SERVICE PROVIDER grants to the
CITY/PFA an irrevocable, unlimited and royalty free license to use any and all sketches,
drawings, as-builts, specifications, designs, blueprints, data files, calculations, studies,
analy sis, renderings, models, plans, reports, and other deliverables (Project
Instruments), 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/PFA substantially performs its obligations under the AGREEMENT. The license
granted hereunder permits the CITY/PFA and third parties reasonably authorized by the
CITY/PFA to reproduce applicable portions of the Project Instruments for use in
performing the Servic es or construction for the project. In addition, the license granted
hereunder shall permit the CITY/PFA and third parties reasonably authorized by the
CITY/PFA to reproduce and use the Project Instruments for similar projects, provided
however, in such event the SERVICE PROVIDER shall not be held responsible for the
design to the extent the CITY/PFA deviates from the Project Instruments. This license
shall survive termination of the AGREEMENT by default or otherwise.
b. Upon payment of each invoice, associated Project Instruments rendered by the
SERVICE PROVIDER shall become the CITY/PFA’s property. The SERVICE
PROVIDER shall provide the CITY/PFA with the Project Instruments in electronic format
in a mutually agreed upon file type.
13. CITY/PFA Project Manager . The CITY/PFA will designate, before commencement of the
Services, the CITY/PFA Project Manager who will make, within the scope of their authority,
all necessary and proper decisions with reference to the Services provided under this
AGREEMENT. All requests for contract interpretations, change order, and other clarification
or instruction shall be directed to the CITY/PFA Project Manager.
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The initial CITY/PFA Project Manager for this AGREEMENT is [Enter Name] and can be
reached at [Enter Email] or [Enter Phone]. The CITY/PFA Project Manager is subject to
change by the CITY/PFA.
14. Project Status Report. Project status reports may be required by Exhibit A – Scope of
Services and shall be submitted to the CITY/PFA Project Manager. Failure to provide any
required status report may result in the suspension of the processing of any invoice.
15. Independent Contractor. The Services to be performed by the SERVICE PROVIDER are
those of an independent contractor and not of an employee of the CITY/PFA. The CITY/PFA
shall not be responsible for withholding or remitting any portion of SERVICE PROVIDER's
compensation hereunder or any other amounts on behalf of SERVICE PROVIDER for the
payment of FICA, Workmen's Compensation, unemployment insurance, other taxes or
benefits or for any other purpose.
16. Personal Services. It is understood that the CITY/PFA enters into the AGREEMENT based
on the special abilities of the SERVICE PROVIDER and that this AGREEMENT shall be
considered as an AGREEMENT for personal services. Accordingly, the SERVICE
PROVIDER shall neither assign any responsibilities nor delegate any duties arising under
the AGREEMENT without the prior written consent of the CITY/PFA.
17. Subcontractors/Subconsultants. SERVICE PROVIDER m may not subcontract any of the
Work set forth in the subsequent Work Orders without the prior written consent of the
CITY/PFA, which shall not be unreasonably withheld. If any of the Work is subcontracted
hereunder (with the consent of the CITY/PFA), then the following provisions shall apply:
a. the subcontractor must be a reputable, qualified firm with an established record of
successful performance in its respective trade performing identical or substantially
similar work;
b. the subcontractor will be required to comply with all applicable terms of this
AGREEMENT;
c. the subcontract will not create any contractual relationship between any such
subcontractor and the CITY/PFA, nor will it obligate the CITY/PFA to pay or see to the
payment of any subcontractor; and
d. the work of the subcontractor will be subject to inspection by the CITY/PFA to the same
extent as the work of the SERVICE PROVIDER.
The SERVICE PROVIDER shall require all subcontractor/subconsultants performing
Service(s) hereunder to maintain insurance coverage naming the CITY/PFA as an additional
insured under this AGREEMENT in accordance with Exhibit [choose one]. The SERVICE
PROVIDER shall maintain a copy of each subcontractor’s/subconsultant’s certificate
evidencing the required insurance. Upon request, the SERVICE PROVIDER shall provide
the CITY/PFA with a copy of the certificate(s) within two (2) business days.
The SERVICE PROVIDER shall be responsible for any liability directly or indirectly arising
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out of the Services performed under this AGREEMENT by a subcontractor/subconsultant,
which liability is not covered by the subcontractor/subconsultant's insurance.
18. Acceptance Not Waiver. The CITY/PFA's approval of Project Instruments furnished
hereunder shall not in any way relieve the SERVICE PROVIDER of responsibility for the
quality or technical accuracy of the Services. The CITY/PFA’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/PFA under this AGREEMENT.
19. Warranty .
a. SERVICE PROVIDER warrants that all Services performed hereunder shall be
performed with the highest degree of competence and care in accordance with accepted
standards for Services of a similar nature.
b. Unless otherwise provided in the AGREEMENT, all materials and equipment
incorporated into any Services shall be new and, where not specified, of the most
suitable grade of their respective kinds for their intended use, and all Services must be
of a quality acceptable to CITY/PFA.
c. SERVICE PROVIDER warrants all equipment, materials, labor and other Services,
provided under this AGREEMENT, except CITY/PFA-furnished materials, equipment
and labor, against defects and nonconformances in design, materials and Service
quality for a period, the longer of; i.) The original manufacturer’s warranty term; or ii.)
beginning with the start of the Services and ending twelve (12) months from and after
final acceptance under the AGREEMENT, regardless of whether the same were
furnished or performed by SERVICE PROVIDER or by any of its
subcontractors/subconsultants of any tier. Upon receipt of written notice from CITY/PFA
of any such defect or nonconformances, the affected item or part thereof shall be
redesigned, repaired, or replaced by SERVICE PROVIDER in a manner and at a time
acceptable to CITY/PFA.
20. 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, that party may be declared in default upon notice.
21. Remedies. In the event a party has been declared in default, that defaulting party shall be
allowed a period of ten (10) calendar days from the date of notice 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.
In the event of a dispute between the parties regarding this AGREEMENT, each party shall
bear its own attorney fees and costs, except as provided for in the Indemnification and
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Technology Accessibility sections.
22. Entire Agreement; Binding Effect; 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 the matter recited herein. This AGREEMENT
supersedes any prior agreements, promises, or understandings as to the matter recited
herein. The AGREEMENT 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 attac hment, 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.
23. Law/Severability . The laws of the State of Colorado and the City of Fort Collins Charter and
Municipal Code shall govern the construction, interpretation, execution, and enforcement of
this AGREEMENT—without regard to choice of law or conflict of law principles. The Parties
further agree that Larimer County District Court is the proper venue for all disputes. If the
CITY/PFA subsequently agrees in writing that the matter may be heard in federal court,
venue will be in U.S. District Court for the District of Colorado. In the event any provision of
this AGREEMENT shall be held invalid or unenforceable by any court of competent
jurisdiction, that holding shall not invalidate or render unenforceable any other provision of
this AGREEMENT.
24. Use by Other Agencies. The CITY/PFA reserves the right to allow other state and local
governmental agencies, political subdivisions, and/or school districts (collectively Agency)
to use the CITY/PFA’s award determination to the SERVICE PROVIDER. Use by any other
Agency shall not have a negative impact on the CITY/PFA 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/PFA 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 agreem ent
established between them and the SERVICE PROVIDER. The CITY/PFA’s concurrence
hereunder is subject to the SERVICE PROVIDER’s commitment that this authorization shall
not have a negative impact on the Services to be completed for the CITY/PFA.
Prohibition Against Unlawful Discrimination. The SERVICE PROVIDER acknowledges that
the CITY/PFA, 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); C.R.S. § 24-34-401, and any associated State
or Federal laws and regulations 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. Pursuant to
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CITY/PFA policy “sexual orientation” means a person’s actual or perceived orientation
toward heterosexuality, homosexuality, and bisexuality. The CITY/PFA also strictly prohibits
unlawful harassment in the workplace, including sexual harassment. Further, the CITY/PFA
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 SERVICE PROVIDER shall comply with the CITY/PFA’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This
requirement applies to all third-party vendors and their subcontractors at every tier.
25. ADA and Public Accommodations. In performing the Services required hereunder, the
SERVICE PROVIDER agrees to meet all requirements of the Americans with Disabilities
Act of 1990, C.R.S. § 24-85-101, and all applicable rules and regulations (ADA), and all
applicable Colorado public accommodation laws, which are imposed directly on the
SERVICE PROVIDER or which would be imposed on the CITY/PFA as a public entity.
26. Technology Accessibility . The SERVICE PROVIDER represents that the Project
Instruments hereunder, shall fully comply with all applicable provisions of C.R.S. §
24-85-101, and the Accessibility Standards for Individuals with a Disability, as established
by the State of Colorado Governor’s Office of Information Technology (OIT) pursuant to
C.R.S. § 24-85-103 (2.5), including all updates and amendments to those standards as
provided by the OIT. The SERVICE PROVIDER shall also comply with all State of Colorado
technology standards related to technology accessibility and with Level AA of the most
current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the
State of Colorado technology standards.
To confirm that the Project Instruments meet these standards, the SERVICE PROVIDER
may be required to demonstrate compliance. The SERVICE PROVIDER shall indemnify,
save, and hold harmless the CITY/PFA against any and all costs, expenses, claims,
damages, liability, court awards and other amounts (including attorneys’ fees and related
costs) incurred by the CITY/PFA in relation to the SERVICE PROVIDER’s failure to comply
with C.R.S. § 24-85-101, or the Accessibility Standards for Individuals with a Disability as
established by OIT pursuant to C.R.S. § 24-85-103 (2.5).
The CITY/PFA may require the SERVICE PROVIDER’s compliance to the State’s
Accessibility Standards to be determined by a third party selected by the CITY/PFA to attest
to the Project Instruments and software compliance with C.R.S. § 24-85-101, and the
Accessibility Standards for Individuals with a Disability as established by OIT pursuant to
C.R.S. § 24-85-103 (2.5).
27. Data Privacy. SERVICE PROVIDER will comply with all applicable data privacy regulations
and laws, specifically including Colorado’s Privacy Act, C.R.S § 6-1-1301 (the Privacy Act).
SERVICE PROVIDER shall ensure that each person processing any personal data
connected to the Services is subject to a duty of confidentiality with respect to the data. If
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applicable, SERVICE PROVIDER shall require that any subcontractors meet the obligations
of SERVICE PROVIDER with respect to any personal data connected to this AGREEMENT.
The Parties agree that upon termination of the Services that SERVICE PROVIDER shall, at
the CITY/PFA’s choice, delete or return all personal data to the CITY/PFA unless retention
of the personal data is required by law. SERVICE PROVIDER shall make available to the
CITY/PFA all information necessary to demonstrate compliance with the obligations of the
Privacy Act. SERVICE PROVIDER shall allow for, and contribute to, reasonable audits and
inspections by the CITY/PFA or the CITY/PFA’s designated auditor.
28. 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 Governm ental Immunity Act, C.R.S. § 24-10-101, and under any other applicable
law.
29. Colorado Open Records Act. The SERVICE PROVIDER acknowledges the CITY/PFA is a
governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-201
(CORA), and documents in the CITY/PFA’s possession may be considered public records
subject to disclosure under the CORA.
30. Delay . Time is of the essence. Subject to Force Majeure , if the SERVICE PROVIDER is
temporarily delayed in whole or in part from performing its obligations, then the SERVICE
PROVIDER shall provide written notice to the CITY/PFA within two (2) business days
defining the nature of the delay. Provision of written notice under this Section shall not
operate as a waiver of any rights or benefits provided to the CITY/PFA under this
AGREEMENT.
31. 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
party that 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 affected party. Force majeure shall not
include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or
compliance with regulations or orders of civil authorities. To the extent that the performance
is actually prevented, the SERVICE PROVIDER must provide notice to the CITY/PFA of
such condition within ten (10) calendar days from the onset of such condition.
32. Special Provisions. Special provisions or conditions relating to the Services to be performed
pursuant to this AGREEMENT are set forth in Exhibit [choose one] - Confidentiality,
consisting of four (4) pages, incorporated herein.
33. O rder of Precedence. In the event of a conflict or inconsistency within this AGREEMENT,
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the conflict or inconsistency shall be resolved by giving preference to the documents in the
following order of priority:
a. The body of this AGREEMENT (and any written amendment),
b. Exhibits to this AGREEMENT, and
c. The Purchase Order document.
34. Prohibited Terms. Nothing in any Exhibit or other attachment shall be construed as a waiver
of any provision above. Any terms included in any Exhibit or other attachment that requires
the CITY/PFA to indemnify or hold SERVICE PROVIDER harmless; requires the CITY/PFA
to agree to binding arbitration; limits SERVICE PROVIDER’s liability; or that conflicts with
statute, City Charter or City Code in any way, shall be void.
[Signature Page Follows]
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THE CITY OF FORT COLLINS, COLORADO
By:
Gerry Paul, Purchasing Director
Date:
POUDRE FIRE AUTHORITY
By: ________________________________
Derek Bergsten, Fire Chief
Date: ______________________________
ATTEST:
APPROVED AS TO FORM:
SERVICE PROVIDER
By:
Printed:
Title:
Date:
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EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT [CHOOSE ONE]
BID SCHEDULE/ COMPENSATION
The following pricing shall remain fixed for the initial term of this AGREEMENT. Any applicable
price adjustments may only be negotiated and agreed to in writing at the time of renewal.
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EXHIBIT [CHOOSE ONE]
INSURANCE REQUIREMENTS
The SERVICE PROVIDER will provide, from insurance companies acceptable to the CITY/PFA,
the insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the SERVICE PROVIDER shall furnish the CITY/PFA 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/PFA, at its option,
may take out and maintain, at the expense of the SERVICE PROVIDER, insurance as the
CITY/PFA may deem proper and may deduct the cost of such insurance from any monies which
may be due or become due the SERVICE PROVIDER under this AGREEMENT.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins Poudre Fire Authority
Purchasing Division AND 102 Remington Street
PO Box 580 Fort Collins, CO 80524
Fort Collins, CO 80522
The CITY/PFA, its officers, agents and employees shall be named as additional insureds on the SERVICE PROVIDER's general liability and automobile liability insurance policies
by marking the appropriate box or adding a statement to this effect on the certificate, for
any claims arising out of work performed under this AGREEMENT.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The SERVICE PROVIDER shall maintain
Worker’s Compensation and Employer’s Liability insurance during the life of this
AGREEMENT for all of the SERVICE PROVIDER's employees engaged in work performed under this AGREEMENT. Workers' Compensation & Employer’s Liability insurance shall
conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and
$100,000 disease each employee, or as required by Colorado law.
B. G eneral Liability. The SERVICE PROVIDER shall maintain during the life of this
AGREEMENT General 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 General Liability shall not be less than $1,000,000 combined single limits for bodily injury and
property damage.
C. Automobile Liability. The SERVICE PROVIDER shall maintain during the life of this
AGREEMENT 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 and Omissions. The SERVICE PROVIDER shall maintain errors and omissions
insurance in the amount of $1,000,000.
E. C ybersecurity . The SERVICE PROVIDER shall maintain cybersecurity insurance in the
amount of $5,000,000.
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EXHIBIT [CHOOSE ONE]
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by SERVICE PROVIDER under
this AGREEMENT, the parties agree to comply with reasonable policies and procedures with
regard to the exchange and handling of confidential information and other sensitive materials
between the parties, as set forth below.
1. Definitions.
For purposes of this AGREEMENT, the party who owns the referenced information and is
disclosing same shall be referenced as the “Disclosing Party.” The party receiving the
Disclosing Party’s information shall be referenced as the “Receiving Party.”
2. Confidential Information.
Confidential Information controlled by this AGREEMENT refers to information that is not public
and/or is proprietary, including but not limited to location information, network security system,
business plans, formulae, processes, intellectual property, trade secrets, designs,
photographs, plans, drawings, schematics, methods, specifications, samples, reports,
mechanical and electronic design drawings, customer lists, financial information, studies,
findings, inventions, ideas, CITY/PFA customer identifiable information (including account,
address, billing, consumption, contact, and other customer data), utility metering data, service
billing records, customer equipment information.
To the extent practical, Confidential Information shall be marked “Confidential” or
“Proprietary.” Nevertheless, SERVICE PROVIDER shall treat as Confidential Information all
customer identifiable information in any form, whether or not bearing a mark of confidentiality
or otherwise requested by the CITY/PFA , including but not limited to the non-exclusive list of
Confidential Information above. In the case of disclosure in non-documentary form of non-
customer identifiable information, made orally or by visual inspection, the Disclosing Party shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing
the fact and general nature of each disclosure within a reasonable time after it is made in
order that it is treated as Confidential Information. Any information disclosed to the other party
before the execution of this AGREEMENT and related to the services for which SERVICE
PROVIDER has been engaged shall be considered in the same manner and be subject to the
same treatment as the information disclosed after the execution of this AGREEMENT with
regard to protecting it as Confidential Information.
3. Use of Confidential Information.
Receiving Party hereby agrees that it shall use the Confidential Information solely for the
purpose of performing its obligations under this AGREEMENT and not in any way detrimental
to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party
uses with respect to its own proprietary or confidential information, which in any event shall
result in a reasonable standard of care to prevent unauthorized use or disclosure of the
Confidential Information. Except as otherwise provided herein, Receiving Party shall keep
confidential and not disclose the Confidential Information. The CITY/PFA and SERVICE
PROVIDER shall cause each of their directors, officers, employees, agents, representatives,
and subcontractors to become familiar with, and abide by, the terms of this Exhibit, which shall
survive this AGREEMENT as an on-going obligation of the Parties.
SERVICE PROVIDER shall not use such information to obtain any economic or other benefit
for itself, or any third party, other than in the performance of obligations under this
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AGREEMENT.
4. Exclusions from Definition.
The term “Confidential Information” as used herein does not include any data or information
which is already known to the Receiving Party or which before being divulged by the
Disclosing Party : (a) was generally known to the public through no wrongful act of the
Receiving Party; (b) has been rightfully received by the Receiving Party from a third party
without restriction on disclosure and without, to the knowledge of the Receiving Party, a
breach of an obligation of confidentiality; (c) has been approved for release by a written
authorization by the other party hereto; or (d) has been disclosed pursuant to a requirement
of a governmental agency or by operation of law, subject to Paragraph 5 below.
5. Required Disclosure.
Notwithstanding Paragraph 4(d) above, if the Receiving Party receives a request (by
interrogatories, requests for information or documents, subpoena, civil investigative demand
or similar process, or by federal, state, or local law, including without limitation, the Colorado
Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving
Party will provide the Disclosing Party with immediate notice of such request, so the Disclosing
Party may seek an appropriate protective order before disclosure or waive the Receiving
Party’s compliance with this Exhibit.
The Receiving Party shall furnish a copy of this Exhibit with any disclosure.
Notwithstanding this Paragraph 5, Receiving Party shall not disclose Confidential Information
to any person, directly or indirectly, nor use it in any way, except as required by law or
authorized in writing by Disclosing Party.
6. Red Flags Rules.
If applicable, SERVICE PROVIDER must implement reasonable policies and procedures to
detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, S ERVICE
PROVIDER must take appropriate steps to mitigate identity theft if it occurs with any of the
CITY/PFA’s covered information and must notify the CITY/PFA in writing within twenty -four
(24) hours of discovery of any breaches of security or Red Flags to the CITY/PFA.
7. Data Protection and Data Security .
SERVICE PROVIDER shall have in place information security safeguards designed to
conform to or exceed industry best practices regarding the protection of the confidentiality,
integrity and availability of Confidential Information and shall have written agr eements requiring any subcontractor to meet those standards. These information security safeguards
(the “Information Security Program”) shall be materially consistent with, or more stringent than,
the safeguards described in this Exhibit.
(a) SERVICE PROVIDER’s information security safeguards shall address the following
elements:
• Data Storage, Backups and Disposal
• Logical Access Control (e.g., Role-Based)
• Information Classification and Handling
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• Secure Data Transfer (SFTP and Data Transfer Specification)
• Secure Web Communications
• Network and Security Monitoring
• Application Development Security
• Application Security Controls and Procedures (User Authentication, Security
Controls, and Security Procedures, Policies and Logging)
• Incident Response
• Vulnerability Assessments
• Hosted Services
• Personnel Security
(b) Subcontractors. SERVICE PROVIDER may use subcontractors, though such activity shall
not release or absolve SERVICE PROVIDER from the obligation to satisfy all conditions
of this AGREEMENT, including the data security measures described in this Exhibit, and
to require a substantially similar level of data security, appropriate to the types of services
provided and Confidential Information received, for any subcontractor SERVICE
PROVIDER may use. Accordingly, any release of data, confidential information, or failure
to protect information under this AGREEMENT by a subcontractor or affiliated party shall be attributed to SERVICE PROVIDER and may be considered to be a material breach of
this AGREEMENT.
8. Information Storage. Confidential Information is not to be stored on any local workstation,
laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable
devices unless the SERVICE PROVIDER can ensure security for the Confidential Information
so stored. Workstations or laptops to be used in the Services will be required to have personal
firewalls on each, as well as have current, active anti-virus definitions.
9. C ontinuing Obligation. The agreement not to disclose Confidential Information as set forth in this Exhibit shall apply during the term of the Services and or AGREEMENT and at any time
thereafter unless specifically authorized by the CITY/PFA in writing.
10. Termination Remedy. If SERVICE PROVIDER breaches any of the terms of this Exhibit, in
the CITY/PFA’s sole discretion, the CITY/PFA may immediately terminate this AGREEMENT
and withdraw SERVICE PROVIDER’s right to access Confidential Information.
11. R eturn of Information. Notwithstanding any other provision of this AGREEMENT to provide
Project Instruments and work product, all material, i.e., various physical forms of media in which Confidential Information is stored, including but not limited to writings, drawings, tapes,
diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and,
upon request, shall be promptly returned, together with all copies thereof to the Disclosing
Party. Upon return of such materials, all digital and electronic data shall also be deleted in a
non-restorable way by which it is no longer available to the Receiving Party. Upon Disclosing
Party’s request, written verification of the deletion (including date of deletion) is to be provided
to the Disclosing Party within ten (10) days after completion of engagement, whether it be via
termination, completion or otherwise.
12. Injunctive Relief. SERVICE PROVIDER Receiving Party acknowledges that the Disclosing
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Party may, based upon the representations made in this AGREEMENT, disclose security
information that is critical to the continued success of the Discloser’s business. Accordingly,
Receiving Party agrees that the Disclosing Party does not have an adequate remedy at law
for breach of this AGREEMENT and therefore, the Disclosing Party shall be entitled, as a non-
exclusive remedy, and in addition to an action f or damages, to seek and obtain an injunction
or decree of specific performance or any other remedy, fr om a court of competent jurisdiction
to enjoin or remedy any violation of this AGREEMENT.
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X. SAAS SPECIAL PROVISIONS (FOR USE IN SERVICE PROVIDER’S AGREEMENT )
The following Special Provisions are required by law and are hereby incorporated into this
AGREEMENT except where noted in italics. Any conflict between the Special Provisions and
any other provision of this AGREEMENT, including any exhibit or attachment, shall be controlled
by the Special Provisions. As used herein, “SERVICE PROVIDER” means “[firm name]”.
1. APPROPRIATION. To the extent this AGREEMENT or any provision in it. requires payment
of any nature in fiscal years subsequent to the current fiscal year and constitutes a multiple
fiscal year debt or financial obligation of the CITY, it shall be subject to annual appropriation
by Fort Collins 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 there are no
pledged cash reserves or supporting appropriations pledged irrevocably for purposes of payment obligations herein. Non-appropriation by the CITY shall not be construed as a
breach of this AGREEMENT.
2. GOVERNMENTAL IMMUNITY. 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, and under any other applicable
law.
3. CHOICE OF LAW; VENUE. The laws of the State of Colorado and the City of Fort Collins
Charter and Municipal Code shall govern the construction, interpretation, execution, and
enforcement of this AGREEMENT—without regard to choice of law or conflict of law
principles. 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 U.S. District Court for the District of Colorado. In the event
any provision of this AGREEMENT shall be held invalid or unenforceable by any court of
competent jurisdiction, that holding shall not invalidate or render unenforceable any other
provision of this AGREEMENT.
4. PROHIBITED TERMS. Nothing in any Exhibit or other attachment shall be construed as a
waiver of any provision above. Any terms included in any Exhibit or other attachment that
requires the CITY to indemnify or hold SERVICE PROVIDER harmless; requires the CITY
to agree to binding arbitration; limits SERVICE PROVIDER’s liability; or that conflicts with
statute, City Charter or City Code in any way, shall be void.
5. INDEMNIFICATION. The SERVICE PROVIDER shall indemnify, defend, and hold harmless
the CITY and its officers and employees, to the maximum extent permitted under Colorado law, against and from any and all actions, suits, claims, demands, or liability of any character
whatsoever claimed by the SERVICE PROVIDER or third parties against the CITY arising
out of or related to this AGREEMENT (including but not limited to contract, tort, intellectual
property, accessibility, or otherwise). This obligation extends to reimbursement of the
CITY's defense costs and reasonable attorney’s fees.
6. INDEPENDENT CONTRACTOR. THE SERVICE PROVIDER SHALL PERFORM ITS
DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN
EMPLOYEE. NEITHER THE SERVICE PROVIDER NOR ANY AGENT OR EMPLOYEE OF
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THE SERVICE PROVIDER SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR
EMPLOYEE OF THE CITY. SERVICE PROVIDER SHALL PAY WHEN DUE ALL
REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY
MONIES PAID BY THE CITY PURSUANT TO THISAGREEMENT. SERVICE PROVIDER
ACKNOWLEDGES THAT THE SERVICE PROVIDER AND ITS EMPLOYEES ARE NOT
ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE SERVICE
PROVIDER OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE CITY
DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. SERVICE
PROVIDER SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE
CITY TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS
EXPRESSLY SET FORTH HEREIN. SERVICE PROVIDER SHALL PROVIDE AND KEEP
IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH
INSURANCE WHEN REQUESTED BY THE CITY) AND UNEMPLOYMENT
COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW AND SHALL BE
SOLELY RESPONSIBLE FOR THE ACTS OF THE SERVICE PROVIDER, ITS
EMPLOYEES AND AGENTS.
7. RETAINAGE. The CITY shall retain five percent (5%) from each invoice. The retainage
shall be released upon final acceptance and project close-out.
8. TAX EXEMPT. The CITY is exempt from sales and use tax. The CITY’s Certification of
Exemption license number is 09804502. A copy of the license is available upon written
request.
9. NON-DISCRIMINATION. The SERVICE PROVIDER acknowledges that 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); C.R.S. § 24-34-401, and any associated State or Federal laws and regulations 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. Pursuant to CITY 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 SERVICE PROVIDER shall comply with the CITY’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This
requirement applies to all third-party vendors and their subcontractors at every tier.
10. SOFTWARE PIRACY PROHIBITION. No public funds payable under this AGREEMENT
shall be used for the acquisition, operation, or maintenance of computer software in violation
of federal copyright laws, or applicable licensing restrictions. SERVICE PROVIDER certifies
that,
a. for the Term of this AGREEMENT and any extensions, SERVICE PROVIDER has in
place appropriate systems and controls to prevent such improper use of public funds. If
the CITY determines that SERVICE PROVIDER is in violation of this paragraph, the
CITY may exercise any remedy available at law or equity under this AGREEMENT,
including without limitation, immediate termination of this AGREEMENT and any remedy
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consistent with federal copyright laws or applicable licensing restrictions; and
b. there are no pending or threatened lawsuits, claims, disputes or actions:
(i) alleging that any software or service necessary to perform all obligations of this
AGREEMENT infringes, violates or misappropriates any third-party rights; or (ii)
adversely affecting any software, service or SERVICE PROVIDER’s subcontractor's
ability to perform its obligations hereunder.
11. WARRANTIES, REPRESENTATIONS AND COVENANTS. SERVICE PROVIDER
represents and warrants:
a. The software and services provided under this AGREEMENT will conform to applicable
specifications, and operate and produce results substantially in accordance with the
SERVICE PROVIDER’s documentation, and will be free from deficiencies and defects
in materials, workmanship, design and/or performance during the term of the
AGREEMENT;
b. All technology related services will be performed by qualified personnel in a professional
and workmanlike manner, consistent with industry standards;
c. SERVICE PROVIDER has the requisite ownership, rights and licenses to fully perform
its obligations under this AGREEMENT fully as contemplated here and to grant to the
CITY all rights with respect to the software and services free and clear of all liens,
adverse claims, encumbrances and interests of any third party; and
d. The software and services will contain no malicious or disabling code that is intended to
damage, destroy or destructively alter software, hardware, systems or data; and
e. The software and services provided by SERVICE PROVIDER do not contain and CITY
will not receive from SERVICE PROVIDER any virus, worm, trap door, back door, timer,
clock, counter or other limiting routine, instruction or design, or other malicious, illicit or similar unrequested code, including surveillance software or routines which may, or is
designed to, permit access by any person, or on its own, to erase, or otherwise harm or
modify any CITY system or Data (a "Disabling Code"). In the event a Disabling Code is
identified, SERVICE PROVIDER shall take all steps necessary, at no additional cost to
CITY, to: (a) restore and/or reconstruct any and all Data lost by CITY as a result of
Disabling Code; (b) furnish to CITY a corrected version of the Services without the
presence of Disabling Codes; and, (c) as needed, re- implement the Services at no additional cost to CITY. This warranty shall remain in full force and effect as long as this
AGREEMENT remains in effect.
12. DATA INCIDENT RESPONSE
a. SERVICE PROVIDER shall maintain documented policies and procedures for Data
Incident and breach reporting, notification, and mitigation. For purposes of these Special
Provisions, “Data Incident” shall mean a breach of SERVICE PROVIDER’s security
leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure
of, or access to, customer data on systems managed by or otherwise controlled by
SERVICE PROVIDER; and “CITY Data” shall refer to any system, utility, customer, or
other information obtained by SERVICE PROVIDER in the context of SERVICE
PROVIDER’s performance obligations under the AGREEMENT.
b. If SERVICE PROVIDER becomes aware of any Data Incident, it shall notify the CITY
immediately and cooperate with the CITY regarding recovery, remediation, and the
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necessity to involve law enforcement, as determined by the CITY. If there is a Data
Incident impacting CITY Data, the SERVICE PROVIDER shall cooperate with the CITY
to satisfy notification requirements as currently defined in either federal, state, or local
law, including as set forth in Section 11. Unless SERVICE PROVIDER can establish that
none of SERVICE PROVIDER’s or any of its agents, employees, assigns or
subcontractors are the cause or source of the Data Incident, SERVICE PROVIDER shall
be responsible for the cost of notifying each person who may have been impacted by
the Data Incident. After a Data Incident, SERVICE PROVIDER shall take steps to reduce
the risk of incurring a similar type of Data Incident in the future as directed by the CITY,
which may include, but is not limited to, developing and implementing a remediation plan
that is approved by the CITY at no additional cost to the CITY.
c. SERVICE PROVIDER shall report, either orally or in writing, to CITY any Data Incident involving CITY Data, or circumstances that could have resulted in unauthorized access
to or disclosure or use of CITY Data, not authorized by this AGREEMENT or in writing
by CITY, including any reasonable belief that an unauthorized individual has accessed
CITY Data. SERVICE PROVIDER shall make the report to CITY immediately upon
discovery of the unauthorized disclosure, but in no event more than forty -eight (48) hours
after SERVICE PROVIDER reasonably believes there has been such unauthorized use
or disclosure. Oral reports by SERVICE PROVIDER regarding Data Incidents will be
reduced to writing and supplied to CITY as soon as reasonably practicable, but in no
event more than forty -eight (48) hours after oral report.
d. Immediately upon becoming aware of any such Data Incident, SERVICE PROVIDER
shall fully investigate the circumstances, extent and causes of the Data Incident, and
report the results to CITY and continue to keep CITY informed daily of the progress of
its investigation until the issue has been effectively resolved.
e. SERVICE PROVIDER’s report discussed herein shall identify: (i) the nature of the
unauthorized use or disclosure, (ii) the data used or disclosed, (iii) who made the
unauthorized use or received the unauthorized disclosure (if known), (iv) what SERVICE
PROVIDER has done or shall do to mitigate any deleterious effect of the unauthorized
use or disclosure, and (v) what corrective action SERVICE PROVIDER has taken or shall
take to prevent future similar unauthorized use or disclosure.
f. Within five (5) calendar days of the date SERVICE PROVIDER becomes aware of any
such Data Incident, SERVICE PROVIDER shall have completed implementation of
corrective actions to remedy the Data Incident, restore CITY access to the Services as
directed by CITY, and prevent further similar unauthorized use or disclosure.
g. SERVICE PROVIDER, at its expense, shall cooperate fully with CITY’s investigation of
and response to any such Data Incident.
h. Except as otherwise required by law, SERVICE PROVIDER will not disclose or
otherwise provide notice of the incident directly to any person, regulatory agencies, or
other entities, without prior written permission from CITY.
i. Notwithstanding any other provision of this AGREEMENT, and in addition to any other
remedies available to CITY under law or equity, SERVICE PROVIDER will promptly
reimburse CITY in full for all costs incurred by CITY in any investigation, remediation or
litigation resulting from any such Data Incident, including but not limited to providing
notification to third parties whose data were compromised and to regulatory bodies, law -
enforcement agencies or other entities as required by law or AGREEMENT; establishing and monitoring call center(s), and credit monitoring and/or identity restoration services
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to assist each person impacted by a Data Incident in such a fashion that, in CITY’s sole
discretion, could lead to identity theft; and the payment of legal fees and expenses, audit
costs, fines and penalties, and other fees imposed by regulatory agencies, courts of law,
or contracting partners as a result of the Data Incident.
13. CUSTOMER DATA SECURITY. In addition to requirements in Section 10, specifically as to
customer data encountered by SERVICE PROVIDER, pursuant to the Colorado Protections
for Consumer Data Privacy Act (the “Act”), C.R.S. §24-73- 101, et seq.,
a. SERVICE PROVIDER will destroy all paper and electronic documents containing
personal identifying information (PII) within 6 months of termination of this
AGREEMENT, unless otherwise required under the law. If other laws are applicable,
such information will be securely destroyed to protect PII. SERVICE PROVIDER shall
implement and maintain reasonable security procedures that are appropriate to the
nature of the PII disclosed or maintained and that is reasonably designed to protect the
information from unauthorized access, use, modification, disclosure, or destruction.
b. Unless SERVICE PROVIDER agrees to provide its own security protections for the
information it discloses to a third-party contractor, SERVICE PROVIDER shall require
all its third-party service providers to implement and maintain reasonable written security
procedures and practices that are appropriate to the nature of the PII disclosed and
reasonably designed to protect the PII subject to this AGREEMENT from unauthorized
access, use, modification, disclosure, or destruction.
c. If SERVICE PROVIDER discovers or is informed of a security breach, SERVICE
PROVIDER will give the CITY notice promptly and without unreasonable delay, but in
any event no later than 10 calendar days after it is determined a security breach occurred.
SERVICE PROVIDER shall cooperate with the CITY in the event of a security breach
that compromises computerized data, if misuse of PII about a Colorado resident
occurred or is likely to occur. Cooperation includes sharing with the CITY information
relevant to the security breach. SERVICE PROVIDER shall further comply with all
provisions of the Act and cooperate with and assist the CITY in the CITY’s compliance
with the Act.
d. Unless SERVICE PROVIDER can establish that none of SERVICE PROVIDER’s or
any of its agents, employees, assigns or subcontractors are the cause or source of a
Data Incident, SERVICE PROVIDER shall be responsible for the cost of notifying each
person who may have been impacted by the Data Incident.
14. RIGHTS AND LICENSE IN AND TO DATA.
a. The parties agree that as between them, all rights in and to the CITY’s data shall remain
the exclusive property of CITY, and SERVICE PROVIDER has a limited, nonexclusive
license to access and use the CITY’s data as provided in the AGREEMENT solely for
the purpose of performing its obligations hereunder.
b. All CITY data created and/or processed by SERVICE PROVIDER is and shall remain
the property of CITY and shall in no way become attached to the services being provided by the SERVICE PROVIDER, nor shall SERVICE PROVIDER have any rights in or to the
CITY’s data without the express written permission of the CITY and may not include
information required to be protected by law.
c. This AGREEMENT does not give a party any rights, implied or otherwise, to the other’s
data, content, or intellectual property, except as expressly stated in the AGREEMENT.
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d. CITY retains the right to use the Service to access and retrieve data stored on SERVICE
PROVIDER’s Service infrastructure at any time during the term of this AGREEMENT at
its sole discretion.
15. BACKUP CODE; TERMINATION OF HOSTING.
a. The CITY shall have the option to require SERVICE PROVIDER to configure the system
for automated backups to deposit a raw database file to the CITY’s servers nightly when
SERVICE PROVIDER performs other daily backups (the “Backup Database”). The
timing to implement the nightly backups at the CITY shall be mutually agreed by the
parties but shall not exceed 30 days after the CITY request for such nightly backups.
b. At any time during the Term, the CITY shall have the option, at its sole discretion, to
terminate the services provided under the AGREEMENT with written notice to SERVICE PROVIDER. During the notice period, SERVICE PROVIDER shall deliver to CITY any
Updates to the Software held in Backup Code (including software enabling CITY to
rebuild the Backup Database), as well as any license keys and updated CITY Data in a
format usable in the Backup Code that CITY requests. Any additional services by
SERVICE PROVIDER provided during such period for transition services are
chargeable pursuant to a statement of work that shall not exceed $12,000. The fees due
after expiration of the notice period shall be adjusted to reflect only a fee for the CITY’s Software and Support Services, reflecting a reduction to recognize the termination of
hosting by the SERVICE PROVIDER and the CITY performing its own Update
implementation. All other terms of this AGREEMENT shall remain in effect.
16. ESCROW. At any time during the Term, the CITY may elect to engage an escrow agent
mutually selected by the parties to escrow the source code and source documentation for
any on-premises or local client components of the Software. The escrow fees for the escrow
with CITY as beneficiary shall be paid by the CITY. The release conditions for the release of
the source code and source documentation must include default and insolvency .
17. ONLINE AGREEMENT DISCLAIMER. Notwithstanding anything to the contrary herein, the
CITY shall not be subject to any provision included in any terms, conditions, or
AGREEMENTs appearing on SERVICE PROVIDER’s or a subcontractor’s website or any provision incorporated into any click -through or online agreements related to the work unless
that provision is specifically referenced in this AGREEMENT.
18. OPEN RECORDS; PUBLIC DISCLOSURE; ADVERTISING:
a. The SERVICE PROVIDER acknowledges the CITY is a governmental entity subject to
the Colorado Open Records Act, C.R.S. § 24-72-201 (CORA), and documents in the
CITY’s possession may be considered public records subject to disclosure under the
CORA. This AGREEMENT is subject to public disclosure to the extent required by
CORA.
b. Nevertheless, SERVICE PROVIDER shall not include any reference to the
AGREEMENT or to services performed pursuant to the AGREEMENT in any advertising
or public relations materials without first obtaining the written approval of the CITY, which
approval will not be unreasonably withheld or delayed for reasonable requests. Any oral
presentation or written materials related to services performed under the AGREEMENT will be limited to services that have been accepted by the CITY. SERVICE PROVIDER
shall notify the CITY’s designated agent for notices in advance of the date and time of
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any presentation.
c. Nothing in this Section precludes the transmittal of any information to CITY officials.
19. LEGAL AUTHORITY: SERVICE PROVIDER represents and warrants that it possesses the
legal authority, pursuant to any proper, appropriate and official motion, resolution or action
passed or taken, to enter into the AGREEMENT. Each person signing and executing the
AGREEMENT on behalf of SERVICE PROVIDER represents and warrants that it has been
fully authorized by SERVICE PROVIDER to execute the AGREEMENT on behalf of SERVICE PROVIDER and to validly and legally bind SERVICE PROVIDER to all the terms,
performances and provisions of the AGREEMENT. The CITY shall have the right, in its sole
discretion, to either temporarily suspend or permanently terminate the AGREEMENT if there
is a dispute as to the legal authority of either SERVICE PROVIDER or the person signing
the AGREEMENT to enter into the AGREEMENT.
20. ADA and PUBLIC ACCOMODATIONS. In performing the Services required hereunder, the
SERVICE PROVIDER agrees to meet all requirements of the Americans with Disabilities
Act of 1990, C.R.S. § 24-85-101, and all applicable rules and regulations (ADA), and all
applicable Colorado public accommodation laws, which are imposed directly on the
SERVICE PROVIDER or which would be imposed on the CITY as a public entity.
21. TECHNOLOGY ACCESSIBILITY. The SERVICE PROVIDER represents that the Project
Instruments hereunder, shall fully comply with all applicable provisions of C.R.S. §
24-85-101, and the Accessibility Standards for Individuals with a Disability, as established
by the State of Colorado Governor’s Office of Information Technology (OIT) pursuant to
C.R.S. § 24-85-103 (2.5), including all updates and amendments to those standards as
provided by the OIT. The SERVICE PROVIDER shall also comply with all State of Colorado
technology standards related to technology accessibility and with Level AA of the most
current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the
State of Colorado technology standards.
To confirm that the Project Instruments meet these standards, the SERVICE PROVIDER
may be required to demonstrate compliance. The SERVICE PROVIDER shall indemnify,
save, and hold harmless the CITY against any and all costs, expenses, claims, damages,
liability, court awards and other amounts (including attorneys’ fees and related costs)
incurred by the CITY in relation to the SERVICE PROVIDER’s failure to comply with C.R.S.
§ 24-85-101, or the Accessibility Standards for Individuals with a Disability as established
by OIT pursuant to C.R.S. § 24-85-103 (2.5).
The CITY may require the SERVICE PROVIDER’s compliance to the State’s Accessibility
Standards to be determined by a third party selected by the CITY to attest to the Project
Instruments and software compliance with C.R.S. § 24-85-101, and the Accessibility
Standards for Individuals with a Disability as established by OIT pursuant to C.R.S. §
24-85-103 (2.5).
22. DATA PRIVACY. SERVICE PROVIDER will comply with all applicable data privacy
regulations and laws, specifically including Colorado’s Privacy Act, C.R.S § 6-1-1301 (the
Privacy Act). SERVICE PROVIDER shall ensure that each person processing any personal
data connected to the Services is subject to a duty of confidentiality with respect to the data.
If applicable, SERVICE PROVIDER shall require that any subcontractors meet the
obligations of SERVICE PROVIDER with respect to any personal data connected to this
AGREEMENT. The Parties agree that upon termination of the Services that SERVICE
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PROVIDER shall, at the CITY’s choice, delete or return all personal data to the CITY unless
retention of the personal data is required by law. SERVICE PROVIDER shall make available
to the CITY all information necessary to demonstrate compliance with the obligations of the
Privacy Act. SERVICE PROVIDER shall allow for, and contribute to, reasonable audits and
inspections by the CITY or the CITY’s designated auditor.
23. UTILIZATION BY OTHER AGENCIES. The CITY reserves the right to allow other state and
local governmental agencies, political subdivisions, and/or school districts (collectively
Agency) to use the CITY’s award determination to the SERVICE PROVIDER. Use by any
other Agency shall not have a negative impact on the CITY 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 in connection with the exercise of any rights hereunder, and neither
party shall have any right or authority to assume or create any obligation or responsibility on behalf of the other. The other Agency shall be solely responsible for any debts, liabilities,
damages, claims or expenses incurred in connection with any agreement established
between them and the SERVICE PROVIDER. The CITY’s concurrence hereunder is subject
to the SERVICE PROVIDER’s commitment that this authorization shall not have a negative
impact on the Services to be completed for the CITY.