HomeMy WebLinkAboutRFP - 10043 Project Management Services for Licensing, Permitting, & Code Enforcement Software ImplementationRFP 10043 Project Management Services LPCE Software Implementation Page 1 of 33
REQUEST FOR PROPOSAL
10043 PROJECT MANAGEMENT SERVICES
FOR LICENSING, PERMITTING, & CODE ENFORCEMENT (LPCE)
SOFTWARE IMPLEMENTATION
RFP DUE: 3:00 PM MT (Mountain Time), September 27, 2024
The City of Fort Collins Planning, Development & Transportation (PDT) department in
collaboration with the Information Technology (IT) department is soliciting proposals from
qualified firms/individuals to provide professional project management services (Services) to
manage and support the implementation of a Licensing, Permitting, & Code Enforcement
(LPCE) software solution (LPCE Project or Project). Firms/individuals must have experience
managing all phases of an LPCE software implementation project for a municipality similar in
size and scope to the City of Fort Collins.
The City will be selecting Tyler Technologies or Accela (the LPCE Solution Provider) as its vendor
of choice for the LPCE software solution and is in negotiations to establish a definitive contract.
The City currently utilizes Accela’s on-premise Civic Platform suite of products. The City will either
migrate to Accela’s Software as a Service (SaaS) Civic Platform suite of products or Tyler
Technologies solution stack. Depending on the selected LPCE Solution Provider the LPCE
Project duration is estimated to be eighteen (18) and twenty-one (21) months. It is the City’s
preference and intent to select a firm/individual with demonstrated experience successfully
implementing at least one of the LPCE Solution Provider’s solution.
At the City’s option, subject to mutual agreement of the parties, the City may elect to engage the
awarded firm to perform project management services to support implementation of other on-site
hosted software and/or cloud-based systems solutions in support of other City departments.
The City may elect to award contracts to more than one (1) offeror to establish a pool of
Professionals qualified to provide project management services.
As part of the City’s commitment to sustainability, proposals must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-
of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals
not submitted by the designated Opening Date and Time will not be accepted by RMEPS.
All questions should be submitted, in writing via email, to Gerry Paul, Purchasing Director
at gspaul@fcgov.com, with a copy to Patti Milio, Supervisor Building & Development at
pmilio@fcgov.com, no later than 3:00 PM MT on September 9, 2024. Please format your e-
mail to include: RFP 10043 Project Management Services for LPCE Software Implementation 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.
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 10043 Project Management Services LPCE Software Implementation Page 2 of 33
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):
209-68 Project Management – Computer Software including Cloud-Based
209-69 Project Management – Computer Software
918-29 Computer Software Consulting
958-77 Project Management Services
Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-
4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded
full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, or national origin in consideration for an award.
The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy “sexual orientation” means a
person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages
in protected activity. Protected activity includes an employee complaining that he or she has been
discriminated against in violation of the above policy or participating in an employment
discrimination proceeding.
The City requires its Professionals to comply with the City’s policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement
applies to all third-party Professionals and their subcontractors/subconsultants at every tier.
Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records
Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to
public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit
one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of
the proposal, Professionals may redact text and/or data that it deems confidential or proprietary
pursuant to CORA. 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. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding
to this RFP, Professionals hereby waives any and all claims for damages against the City for the
City’s good faith compliance with CORA. All provisions and pricing of any contract resulting
from this request for proposal will be public information.
RFP 10043 Project Management Services LPCE Software Implementation Page 3 of 33
Professionals Registration: The City requires new firms (Professionals) receiving awards from
the City to submit IRS form W-9 and requires all Professionals to accept Direct Deposit
(Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form
can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor
Reference Documents. Please do not submit these documents with your proposal, however,
if you take exception to participating in Direct Deposit (Electronic) payments please clearly note
such in your proposal as an exception. The City may waive the requirement to participate in
Direct Deposit (Electronic) payments at its sole discretion.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly any
decision-making authority concerning such sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow
other state and local governmental agencies, political subdivisions, and/or school districts to
utilize the resulting award under all terms and conditions specified and upon agreement by all
parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in
the current term or in any future terms.
The selected Professional shall be required to sign the City’s Master Professional Services
Agreement Work Order Type prior to commencing services (see sample attached to this
document).
Sincerely,
Gerry Paul
Purchasing Director
RFP 10043 Project Management Services LPCE Software Implementation Page 4 of 33
I. BACKGROUND & OBJECTIVE / OVERVIEW
A. Objective:
The City of Fort Collins Planning, Development & Transportation (PDT) department in
collaboration with the Information Technology (IT) department is soliciting proposals from
qualified offerors to provide professional project management services (Services) to
manage and support the implementation of a Licensing, Permitting, & Code Enforcement
(LPCE) software solution (LPCE Project or Project). Offerors must have experience
managing all phases of an LPCE software implementation project for a municipality
similar in size and scope to the City of Fort Collins.
The City will be selecting Tyler Technologies or Accela (the LPCE Solution Provider) as its
vendor of choice for the LPCE software solution and is in negotiations to establish a
definitive contract. The City currently utilizes Accela’s on-premise Civic Platform suite of
products. The City will either migrate to Accela’s Software as a Service (SaaS) Civic
Platform suite of products or Tyler Technologies solution stack. Depending on the selected
LPCE Solution Provider the LPCE Project duration is estimated to be eighteen (18) and
twenty-one (21) months. It is the City’s preference and intent to select a firm/individual with
demonstrated experience successfully implementing at least one of the LPCE Solution
Provider’s solution.
In addition, subject to mutual agreement of the parties, the City may elect to engage the
awarded Professional to perform project management services to support implementation
of other on-site hosted software and/or cloud-based system solutions in support of other
City departments.
The City may elect to award contracts to more than one (1) offeror to establish a pool of
qualified Professionals qualified to provide project management services.
B. Qualifications
The offeror’s proposed individual(s) to perform the project management Services should
meet or exceed the qualifications stated below. It is also a requirement for the offeror to
maintain a staff of qualified project managers capable of back-filling the assigned
individual if required. It is the City’s expectation that the individual(s) assigned to the
Project will serve for the Project duration, except in the event the City requests a different
individual to be assigned to the Project. The City reserves the right to make exceptions
to the qualification requirements at its sole discretion:
· Successfully implemented at least three (3) LPCE system implementation within the
past five (5) years.
· 10 years of experience performing project management services for LPCE
implementations or similar software system implementations.
- Possess a current Project Management Professional (PMP) Certification.
- Have the ability to implement Prosci’s Change Management methodology and/or hold
certification in Prosci Change Management.
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II. STATEMENT OF WORK:
A. Deliverables:
· Creation, maintenance, and support of a Project Management Dashboard that will
enable City management to track project progress and status.
· Definition, assessment, and allocation of proper resources to support the LPCE Project
including the City, LPCE Solution Provider, and other third-parties as required.
· Assist the City as requested with scoping amendments and/or change orders related to
any third-party contracts in support of the LPCE Project.
· Administration of the City’s contract with the LPCE Solution Provider for project and
production support deliverables, including cost control administration.
· Project reporting to appropriate management teams involved in the LPCE Project.
· Facilitation of Project activities, operations, and deliverables to achieve stated schedule
and budget requirements and potential coordination of City personnel activities.
· Represent the LPCE Project in support of other City initiatives where inter-
dependencies are expected.
· Ensure business processes, test plans, and implementation plans are fully documented.
· Collaborate and support the Organizational Change Management (OCM) activities lead
by the City or a third-party engaged by the City.
· Manage integrations between the LPCE solution and multiple other City software
solutions such as, but not limited to GIS, JD Edwards, Laserfiche, Vertex One, Granicus
Agenda Management, Granicus OpenCities (PCE), DigEplan, IVR Cisco, credit card
processing, Power BI, and IVR Cisco.
· Collaborate with the City, LPCE Solution Provider, and other third-parties as required to
develop and maintain a project execution plan (PEP).
B. Tasks to be Performed:
In providing project management Services for the LPCE Project, the selected offeror will
support the efforts of the City and the LPCE Solution Provider’s Project team to deliver
the scoped improvements. Tasks to be performed by the Professional include, but may
not be limited to the following:
Task 1. Contract and LPCE Project Cost Administration. The Professional will
thoroughly review the City’s contract(s), amendment(s), and change orders with the
LPCE Solution Provider and if applicable other third-parties engaged on the Project to
effectively manage and hold the LPCE Solution Provider, third-parties, and the City LPCE
Project team accountable for compliance to the contract including deliverables, schedule,
and budget. The Professional may support contract negotiations including price analysis
of services, schedule confirmation, scoping of services, and related services. Throughout
the course of the LPCE Project, the Professional will assess and make recommendations
RFP 10043 Project Management Services LPCE Software Implementation Page 6 of 33
on project change order needs including cost estimates and schedule impact for any
required changes. The Professional will review all payment requests from the LPCE
Solution Provider and if applicable other third-parties associated with the Project. The
Professional will assist the City in evaluating disputes from any firms supporting the
Project and as requested assist with negotiating a resolution to such claims.
Task 2. LPCE Project Execution Plan and City Resource Load Management. The
Professional is responsible for delivering and maintaining a project execution plan (PEP)
for the LPCE Project. The Professional will manage the PEP and provide frequent input
to this schedule for all Project tasks and deliverables. The Professional will work with City
team members to develop, update, and maintain resource allocations throughout the
project, including coordinating their availability to the Project to assure that the City
provides timely participation and deliverables. The Professional will track any exceptions
to the PEP, determine the causative factors for such deviations, and update the PEP as
applicable. The Professional may be required to be onsite in Fort Collins from time to time
to work with Project personnel onsite and potentially coordinate City personnel activities.
Task 3. Transition and Organizational Change Management. The Professional will
assist in the development of transition plans for the hand-off and adoption of the LPCE
solutions. A mapping of service or operational interruptions will be identified. The
Professional will assist the City and/or the City’s third-party consultant in creating and
implementing a Change Management plan and support the execution of the Change
Management plan.
Task 4. LPCE Project Operations Facilitation and Coordination. The Professional will
assist the City’s and the LPCE Solution Provider’s Project teams to implement project
workflows, communication procedures, work environments, and execution of
development deliverables. Key will be the facilitation and enforcement of LPCE Project
decisions that affect Project deliverables to assure timely Project execution. The
Professional will assist City leadership in enabling resources to be dedicated to the
Project as needed throughout.
Task 5. Project Reporting and Communications. The Professional will be responsible
for all critical Project reporting, documentation, and communications that relate to key
Project decisions, operations, and management. The City will provide
administrative/project coordination support to assist the Professional. The Professional
will facilitate and attend routine meetings of project leadership teams, providing an update
on project status, open issues and risks, and any additional resource requirements.
Optional Task. Business Process/Moderization. The Professional will be responsible
for collaborating with the City to perform business process mapping, business process
reengineering, and supporting modernization of the City’s processes and procedures for
performing LPCE.
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III. ADDITIONAL DETAILS
A. Anticipated Schedule
The following represents the City’s target schedule for the RFP. The City reserves the
right to amend the schedule at any time.
• RFP issuance: August 27, 2024
• Question deadline: 3:00 PM MT on September 9, 2024
• Proposal due date: 3:00 PM MT on September 27, 2024
• Interviews (tentative): Early October 2024
• Award of Contract (tentative): October 2024
B. Subcontractors/Subconsultants
The awarded Professional will be responsible for identifying any subcontractors and/or
subconsultants in their proposal. Please note that the City will contract solely with the
awarded Professional; therefore, subcontractors and/or subconsultants will be the
responsibility of the Professional.
C. Laws and Regulations
The Professional agrees to comply fully with all applicable local, State of Colorado and
Federal laws and regulations and municipal ordinances to include American Disabilities
Act (ADA).
D. Invoicing and Payment
Invoices should be emailed monthly or as otherwise agreed to invoices@fcgov.com with
a copy to the City Project Manager. The cost of the Services shall be paid to the
Professional each month following the submittal of a correct invoice by the Professional
indicating the project name, purchase order number, task description, hours worked,
personnel/work type category, hourly rate for each employee/work type category, and as
applicable receipts for travel, and 3rd party supporting documentation with the same level
of detail.
Payments will be made using the prices stated in the Agreement and/or Work Order. In
the event a Service is requested which is not stated in the Agreement, the Professional
and the City will negotiate an appropriate unit price for the Service prior to the Professional
initiating the Service.
The City pays invoices on Net 30 terms.
IV. PROPOSAL SUBMITTAL
Please limit the total length of your proposal to a maximum of fifty (50) 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.
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Offerors are required to provide detailed written responses to the following items in the order
outlined below. The responses shall be considered technical offers of the Services offeror
proposes to provide and shall be incorporated in the contract award as deemed appropriate
by the City. A proposal that does not include all the information required may be deemed non-
responsive and subject to rejection.
Responses must include all the items in the order listed below. It is suggested the offeror
includes each of the City’s questions with their response.
The City shall not reimburse any offeror 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 during the timeframe stated in the
Schedule section.
B. Service Provider/Professional Information
1. Describe the offeror’s business and background
2. Number of years in the business
3. Details about ownership
4. An overview of services offered and qualifications
5. Company history and experience in performing project management services for a
LPCE project implementation and/or similar SaaS implementation projects.
6. Size of the firm
7. Location(s) of offices. If multiple, please identify which will be the primary for our
account.
8. Primary contact information for the company including contact name(s) and title(s),
mailing address(s), phone number(s), and email address(s).
C. Scope of Proposal
1. Provide a detailed narrative of the services proposed if awarded the contract per the
scope above. The narrative should include any options that may be beneficial for the
City to consider.
2. Provide an overview of the methodology to be utilized to effectively perform the project
management Services.
3. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion.
4. Briefly describe the approach to execute the Services detailed in the Statement of
Work to include the methods and assumptions used, and any exceptions and/or risks.
5. Describe the methods and timeline of communication your firm will use with the City’s
Project Manager and other parties.
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6. Identify what portion of the Services, if any, may be subcontracted or outsourced to
subconsultants. Include all applicable information requested for the offeror.
D. Firm Capability and Assigned Personnel
Provide relevant information regarding previous experience related to this or similar SaaS
implementation projects, to include the following:
1. Qualification summary(s) and resume(s) for the individual(s) proposed to perform as
the Project Manager and other staff that will support the project if applicable. Please
detail experience performing as a project manager for implementation of the selected
LPCE Solution Provider’s SaaS LPCE solution or similar SaaS LPCE
implementations. Resumes should be limited to two (2) pages.
2. Describe any unique capabilities/experience the proposed assigned staff will bring to
this project. How will their experience benefit the project?
3. References. Provide a minimum of three (3) similar projects in the last five (5) years
that have involved the staff and subcontractors/subconsultants proposed to be
assigned to this project. It is preferred, the references be from projects supporting the
implementation of the LPCE Solution Provider’s SaaS LPCE implementations. Include
the reference’s point of contact, contract price, email and phone number,
subconsultants on the team and a brief description of the services and any change
orders. The offeror authorizes the City to verify any and all information contained
herein and hereby releases all those concerned providing information as a reference
from any liability in connection with any information provided.
E. Sustainability/Triple Bottom Line Methodology
In concise terms (no more than two pages), please describe your organization’s
commitment to sustainability and supporting values.
Each element of the Tripple Bottom Line (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 TBL sustainable practices into the workplace.
Provide examples along with any metrics used to measure success within your
firm.
2. Also provide examples of how your firm has incorporated all three aspects of TBL
sustainable practices in previous similar projects on which your firm has been the
prime Professional.
Some examples are provided below:
a. Environmental – Experience delivering projects / programs focused on
environmental health priorities in the areas of climate resiliency, water quality
and watershed protection, regulatory performance, management systems,
air quality, renewable energy, sustainable building and design, construction
materials management, and solid waste reduction.
b. Economic – Experience working and delivering projects with an emphasis
on strategic financial planning, job creation, business development, asset
management, various project delivery methods, value engineering, regional
partnerships, transparency, stakeholder engagement, strategic investments,
RFP 10043 Project Management Services LPCE Software Implementation Page 10 of 33
aging infrastructure, repurposing of existing facilities, and competing
financial priorities.
c. Social - Experience working and delivering projects, programs, and/or
initiatives that support Equity, Diversity, and Inclusion throughout your firm’s
workplace, including leadership, and supply chain. Examples of this may be
demonstration of working within cultural and language gaps, development of
diversity programs, diverse project teams, equitable opportunity vendor
supply chain, and how your firm has applied an equity lens to processes
such as recruitment, hiring, purchasing, career pathways, salaries, and staff
engagement.
F. Cost and Work Hours
In your response to this request for proposal, please provide the following:
1. Provide your estimated not to exceed total project cost with detailed breakdown by
individual(s) proposed to be assigned to the project including estimate hours, hourly
rates, and total estimated cost by assigned individual.
2. Provide an estimate for any reimbursable expenses including travel with detailed
cost breakdown.
3. In addition to submitting the project cost as detailed in paragraph 1 above, offerors
may also propose an alternative creative or innovative cost model, such as a fixed
monthly cost, etc.
4. The hourly rate schedule will be firm for at least one (1) year from the date of the
Agreement and subject to negotiation in conjunction with any renewal of the
Agreement.
G. Sample Agreement
Included with this request for proposals is a sample Master Professional Services
Agreement Work Order Type that the City intends to use for obtaining the Services of the
Professional. The Professional is required to review this Agreement and indicate any
objections to the terms of the contract. If revisions to the contractual terms are requested,
provide suggested revisions.
H. Acknowledgement
The Acknowledgement form is attached as Section V. Complete the attached form
indicating the offeror acknowledges receipt of the City of Fort Collins Request for Proposal
and acknowledges that the Professional has read and agrees to be fully bound by all of
the terms, conditions and other provisions set forth in the RFP.
IV. REVIEW AND ASSESSMENT CRITERIA
A. Proposal and Interview Criteria
Offerors 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, in-person or remote interviews via Microsoft Teams or Zoom of the
top-rated offerors may be conducted.
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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.
See Next Page for Criteria
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ASSESSMENT CRITERIA
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, tasks,
deliverables, responsibilities, and
results/outcomes required by the project? Does
the offeror have a robust methodology for
project management with demonstrated success
for similar projects? Are there any exceptions to
the Statement of Work or agreement?
3.0
Firm Capability &
Assigned Personnel
Qualifications
Does the firm have the resources, financial
strength, capacity and support capabilities
required to successfully complete the project on-
time and in-budget? Do the individuals
proposed to be assigned to the project have
demonstrated experience successfully
implementing Accela’s or Tyler Technology’s or
similar SaaS LPCE solutions? Are other
qualified personnel available to support the
project if required?
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 & Work Hours
Does the proposal include detailed cost break-
down for each cost element as applicable and
are the itemized costs competitive? Do the
proposed cost and work hours compare
favorably with the Project Manager's estimate?
Are the work hours presented reasonable for the
effort required by each project task or phase?
Has the offeror proposed a creative or
innovative alternative approach for the payment
of Services?
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V. ACKNOWLEDGEMENT
Professional hereby acknowledges receipt of the City of Fort Collins Request for Proposal and
acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and
other provisions set forth in the RFP 10043 Project Management Services Licensing,
Permitting, and Code Enforcement Software Implementation and sample Agreement except
as otherwise noted. Additionally, Professional hereby makes the following representations to
City:
a. All of the statements and representations made in this proposal are true to the best of the
Professional’s knowledge and belief.
b. Professional commits that it is able to meet the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof.
d. Professional further agrees that the method of award is acceptable.
e. Professional also agrees to complete the proposed Agreement with the City of Fort Collins
within 10 days of notice of award. If contract is not completed and signed within 10 days,
City reserves the right to cancel and award to the next highest rated firm.
f. Professional acknowledges receipt of addenda.
g. Professional acknowledges no conflict of interest.
h. Professional acknowledges that the City is a governmental entity subject to the Colorado
Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted
hereunder are subject to public disclosure by the City pursuant to CORA and City
ordinances. Professionals may submit one (1) additional complete proposal clearly
marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may
redact text and/or data that it deems confidential or proprietary pursuant to CORA. 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. Proposals may not be marked “Confidential”
or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives
any and all claims for damages against the City for the City’s good faith compliance with
CORA. All provisions 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.
Official Purchasing Document
Last updated 5/2024
Master Professional Services Agreement – Work Order Type
RFP 10043 Project Management Services – LPCE Software Implementation Page 15 of 33
VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN )
MASTER PROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
THIS MASTER PROFESSIONAL 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) and
, a(n) [enter state] [business type] (PROFESSIONAL).
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Service. The PROFESSIONAL agrees to provide Services in accordance with any
project Work Orders for , issued by the CITY. Such Work Orders will be incorporated
into this Agreement. A blank sample of a Work Order is attached hereto as Exhibit A,
consisting of [# of Pages] and incorporated herein. A general Scope of Services is attached
hereto as Exhibit B, consisting of [# of Pages] and incorporated herein. The CITY reserves
the right to independently solicit any project rather than issuing a Work Order to the
PROFESSIONAL for the same pursuant to this AGREEMENT. Irrespective of references
to certain named third parties within this AGREEMENT or any Work Order, the
PROFESSIONAL shall be solely responsible for performance of all duties hereunder. The
term Service as used in this AGREEMENT shall include the Services and deliverables
contained in any Work Order issued by the CITY.
The CITY may, at any time during the term of a particular Work Order and without
invalidating the Work Order, make changes to the scope of the particular Service. Changes
shall be agreed upon in writing by the parties by Change Order, a sample of which is
attached hereto as Exhibit C, consisting of [# of Pages] and incorporated herein.
2. Work Order Schedule. The Services to be performed pursuant to this AGREEMENT shall
be performed as specified on each Work Order. Time is of the essence. Any change in
schedule must be agreed upon in writing by the parties hereto via a Change Order.
3. Changes. The CITY 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, the AGREEMENT may
be extended for additional one (1) year periods not to exceed [choose one] additional one-
year periods. Renewals and pricing changes shall be negotiated by and agreed to by both
parties only at the time of renewal. Written notice of renewal shall be provided to the
PROFESSIONAL no later than thirty (30) days before AGREEMENT end. Should written
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notice of renewal be delayed, the parties agree that this AGREEMENT may automatically
extend on a month-to-month basis until a renewal is completed. Upon expiration of the final
renewal term, the AGREEMENT may continue but not to exceed one (1) year if required to
complete any active Work Orders in accordance with Section 8-186 of City Code.
5. Early Termination by CITY. Notwithstanding the time periods contained herein, the CITY
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 PROFESSIONAL.
In the event of early termination by the CITY, the PROFESSIONAL shall be paid for Services
rendered up to the date of termination, subject to the satisfactory performance of the
PROFESSIONAL's obligations under this AGREEMENT. PROFESSIONAL shall submit a
final invoice within ten (10) calendar days of the effective date of termination. Payment shall
be the PROFESSIONAL's sole right and remedy for termination.
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:
PROFESSIONAL: CITY: Copy to:
Attn:
Email Address
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
Email Address
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing@fcgov.com
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 PROFESSIONAL [choose one] as designated
in Exhibit D, consisting of [# of Pages], attached and incorporated herein. At the election of
the CITY, each Work Order may contain a maximum fee, which shall be negotiated by the
parties hereto for each Work Order. Partial payments based upon the PROFESSIONAL’s
billings and itemized statements are permissible as defined in the applicable Work Order.
The amounts of any partial payments shall be based upon the PROFESSIONAL’s City-
verified progress in completing the Service(s) to be performed pursuant to the Work Order
and upon approval of the PROFESSIONAL’s direct reimbursable expenses. Payment shall
be made following acceptance of the Services by the CITY.
Itemized invoices shall be emailed to invoices@fcgov.com with a copy to the Project
Manager. The cost of the Services completed shall be paid to the PROFESSIONAL
following the submittal of a correct itemized invoice by the PROFESSIONAL. The CITY is
exempt from sales and use tax. The CITY’s Certificate of Exemption license number is
09804502. A copy of the license is available upon written request.
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The CITY pays undisputed invoices on Net 30 days from the date of the invoice submittal
to the CITY or, for disputed invoices, Net 30 days from the date of CITY Project Manager’s
approval.
8. Design and Service Standards. The PROFESSIONAL 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 PROFESSIONAL, and the Project
Instruments as defined in the Project Instruments and License section below. The
PROFESSIONAL shall, without additional compensation, promptly remedy and correct any
errors, omissions, or other deficiencies from such standards.
9. Indemnification. The PROFESSIONAL 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 PROFESSIONAL or third parties against the CITY arising out of
or related to this AGREEMENT (not limited to contract, tort, intellectual property,
accessibility, or otherwise). This obligation extends to reimbursement of the CITY's costs
and reasonable attorney’s fees.
10. Insurance. The PROFESSIONAL shall maintain insurance in accordance with Exhibit
[choose one], consisting of [# of Pages], attached hereto 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, it shall be subject to annual appropriation
by the 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.
12. Project Instruments and License.
a. Upon execution of this AGREEMENT, the PROFESSIONAL grants to the CITY an
irrevocable, unlimited and royalty free license to use any and all sketches, drawings, as-
builts, specifications, designs, blueprints, data files, calculations, studies, analysis,
renderings, models, plans, reports, and other Work Order 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 substantially performs its obligations under the AGREEMENT. The license
granted hereunder permits the CITY and third parties reasonably authorized by the CITY
to reproduce applicable portions of the Project Instruments for use in performing the
Services or construction for the project. In addition, the license granted hereunder shall
permit the CITY and third parties reasonably authorized by the CITY to reproduce and
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utilize the Project Instruments for similar projects, provided however, in such event the
PROFESSIONAL shall not be held responsible for the design to the extent the CITY
deviates from the Project Instruments. This license shall survive termination of the
AGREEMENT by default or otherwise.
b. Upon payment under each applicable Work Order, Project Instruments rendered by the
PROFESSIONAL shall become the CITY’s property. The PROFESSIONAL shall
provide the CITY with the Project Instruments in electronic format in a mutually agreed
upon file type.
13. CITY Project Manager. The CITY’s Project Manager will be shown on the specific Work
Order and shall make, within the scope of the Project Manager’s authority, all necessary
and proper decisions with reference to the Services requested under the applicable Work
Order. All requests for contract interpretation, change order and other clarification or
instruction shall be directed to the CITY Project Manager.
The initial CITY Project Manager for this AGREEMENT is [Enter Name] and can be reached
at [Enter Email] or [Enter Phone]. The CITY Project Manager is subject to change by the
CITY.
14. Project Status Report. Project status reports may be required by Work Order and shall be
submitted to the CITY 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 PROFESSIONAL are those
of an independent contractor and not of an employee of the CITY. The CITY shall not be
responsible for withholding any portion of the PROFESSIONAL's compensation hereunder
for the payment of FICA, Workers' Compensation, unemployment insurance, other taxes or
benefits or for any other purpose.
16. Personal Services. It is understood that the CITY enters into this AGREEMENT based on
the special abilities of the PROFESSIONAL and that this AGREEMENT shall be considered
as an AGREEMENT for personal services. Accordingly, the PROFESSIONAL shall neither
assign any responsibilities nor delegate any duties arising under this AGREEMENT without
the prior written consent of the CITY.
17. Subcontractors/Subconsultants. The PROFESSIONAL may not subcontract any of the
Service(s) set forth in any Work Order without the prior written consent of the CITY, which
shall not be unreasonably withheld. If any of the Services is subcontracted hereunder, with
the consent of the CITY, then the following provisions shall apply:
a. the subcontractor/subconsultant must be a reputable, qualified firm with an established
record of successful performance in its respective trade performing identical or
substantially similar Services;
b. the subcontractor/subconsultant will be required to comply with all applicable terms of
this AGREEMENT;
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c. the subcontract will not create any contractual relationship between any
subcontractor/subconsultant and the CITY, nor will it obligate the CITY to pay or see to
the payment of any subcontractor/subconsultant; and
d. the Services of the subcontractor/subconsultant will be subject to inspection by the CITY
to the same extent as the Service(s) of the PROFESSIONAL.
The PROFESSIONAL shall require all subcontractor/subconsultants performing Service(s)
hereunder to maintain insurance coverage naming the CITY as an additional insured under
this AGREEMENT in accordance with Exhibit [choose one]. The PROFESSIONAL shall
maintain a copy of each subcontractor’s/subconsultant’s certificate evidencing the required
insurance. Upon request, the PROFESSIONAL shall promptly provide the CITY with a copy
of the certificate(s) within two (2) business days.
The PROFESSIONAL shall be responsible for any liability directly or indirectly arising 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's approval of Project Instruments furnished hereunder
shall not in any way relieve the PROFESSIONAL of responsibility for the quality or technical
accuracy of the Services. The CITY's approval or acceptance of, or payment for, any of the
Services shall not be construed to operate as a waiver of any rights or benefits provided to
the CITY under this AGREEMENT.
19. 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 to or refuse to perform according
to the terms of this AGREEMENT, that party may be declared in default upon notice.
20. 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
Technology Accessibility sections.
21. Entire Agreement; Binding Effect; Authority to Execute. This AGREEMENT, along with all
Exhibits, Work Orders and other documents incorporated herein, shall constitute the entire
AGREEMENT of the parties regarding this transaction and the matter recited herein. This
AGREEMENT shall supersede any prior agreements, promises, or understandings as to the
matter recited herein. The AGREEMENT shall be binding upon the parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
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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 the terms of the AGREEMENT and any exhibit or attachment,
the terms of the AGREEMENT shall prevail. Each person executing this AGREEMENT
affirms that they have the necessary authority to sign on behalf of their respective party and
to bind such party to the terms of this AGREEMENT.
22. 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 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.
23. Use 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 PROFESSIONAL. Use by any other entity
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 solely between
the Agency and the PROFESSIONAL. The CITY’s concurrence hereunder is subject to the
PROFESSIONAL’s commitment that this authorization shall not have a negative impact on
the Services to be completed for the CITY.
24. Prohibition Against Unlawful Discrimination. The PROFESSIONAL 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 forty (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 the employee has been discriminated
against in violation of the above policy or participating in an employment discrimination
proceeding.
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The PROFESSIONAL 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 subcontractors/subconsultants at every tier.
25. ADA and Public Accommodations. In performing the Service(s) required hereunder, the
PROFESSIONAL agrees to meet all the 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
PROFESSIONAL or which would be imposed on the CITY as a public entity.
26. Technology Accessibility. The PROFESSIONAL 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 PROFESSIONAL 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 PROFESSIONAL may
be required to demonstrate compliance. The PROFESSIONAL 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 PROFESSIONAL’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 PROFESSIONAL’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).
27. Data Privacy. PROFESSIONAL will comply with all applicable data privacy regulations and
laws, specifically including Colorado’s Privacy Act C.R.S. § 6-1-1301 et. seq. (the Privacy
Act). PROFESSIONAL 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, PROFESSIONAL shall require that any subcontractors meet the obligations of
PROFESSIONAL with respect to any personal data connected to this AGREEMENT and
corresponding Work Orders. The Parties agree that upon termination of the Services that
PROFESSIONAL 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. PROFESSIONAL shall make
available to the CITY all information necessary to demonstrate compliance with the
obligations of the Privacy Act. PROFESSIONAL shall allow for, and contribute to,
reasonable audits and inspections by the CITY or the CITY’s designated auditor.
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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 Governmental Immunity Act, C.R.S. § 24-10-101 and under any other applicable
law.
29. Colorado Open Records Act. The PROFESSIONAL acknowledges the CITY is a
governmental entity subject to the Colorado Open Records Act, C.R.S. § 24-72-200
(CORA), and documents in the CITY’s possession may be considered public records
subject to disclosure under CORA. The PROFESSIONAL hereby waives any claim for
damages against the CITY for the CITY’s efforts to comply with CORA.
30. Delay. Time is of the essence. Subject to Force Majeure section of this AGREEMENT, if the
PROFESSIONAL is temporarily delayed in whole or in part from performing its obligations,
then the PROFESSIONAL shall provide written notice to the CITY 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 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 the 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 PROFESSIONAL must provide notice to the CITY of such
condition within ten (10) days from the onset of the condition.
32. Special Provisions. Special provisions or conditions relating to the Service(s) to be
performed pursuant to this AGREEMENT are set forth in Exhibit [choose one] -
Confidentiality, consisting of four (4) pages, attached hereto and incorporated herein by this
reference.
33. Order of Precedence. In the event of a conflict or inconsistency within this AGREEMENT,
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,
c. Work Order(s) (and any applicable Change Order), and
d. the Purchase Order document.
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34. Prohibited Terms. Nothing in any Exhibit, Work Order, or other attachment shall be
construed as a waiver of any provision above. Any terms included in any Exhibit, Work
Order, or other attachment that requires the CITY to indemnify or hold PROFESSIONAL
harmless; requires the CITY to agree to binding arbitration; limits PROFESSIONAL’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:
ATTEST:
APPROVED AS TO FORM:
PROFESSIONAL'S NAME
By:
Printed:
Title:
Date:
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EXHIBIT A
WORK ORDER FORM
PURSUANT TO TA PROFESSIONAL MASTER SERVICES AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
PROFESSIONAL
WORK ORDER NUMBER:
PROJECT TITLE:
ORIGINAL BID/RFP NUMBER & NAME:
PROFESSIONAL MASTER SERVICES AGREEMENT EFFECTIVE DATE: Original Contract Date
WORK ORDER COMMENCEMENT DATE:
WORK ORDER COMPLETION DATE:
MAXIMUM FEE (time and reimbursable direct costs):
PROJECT DESCRIPTION/SCOPE OF SERVICES:
PROFESSIONAL agrees to perform the Service(s) identified above and on the attached forms in
accordance with and subject to the terms and conditions contained herein and in the Master
Services Agreement (AGREEMENT) between the parties. This Work Order is incorporated into
the AGREEMENT, and the AGREEMENT and all prior amendments or other modifications to the
AGREEMENT, if any, remain in full force and effect. In the event of a conflict between or
ambiguity in the terms of the AGREEMENT and this Work Order (including the attached forms)
the AGREEMENT as set forth in the Order of Precedence section of the AGREEMENT shall
control.
Pricing stated on this Work Order shall be consistent with the pricing in the AGREEMENT or
subsequent renewals as of the Work Order commencement date and will be held firm through
completion of this Work Order.
The attached forms consisting of [choose # of pages] are hereby accepted and incorporated
herein and Notice to Proceed is hereby given after all parties have signed this document.
PROFESSIONAL: __________________________ Date:___________________
Name, Title
ACCEPTANCE: Date:
Name, CITY Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
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EXHIBIT B
GENERAL SCOPE OF WORK
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EXHIBIT C
CHANGE ORDER
NO.
PROJECT TITLE:
PROFESSIONAL: [Company Name]
WORK ORDER NUMBER:
PO NUMBER:
ORIGINAL BID/RFP NUMBER & NAME:
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide details of the changes to the Work
3. Change in Work Order Price:
4. Change in Work Order Time:
ORIGINAL WORK ORDER PRICE $ .00
TOTAL APPROVED/PENDING CHANGE ORDERS .00
TOTAL THIS CHANGE ORDER .00
TOTAL CHANGE ORDER % OF ORIGINAL WORK ORDER %
ADJUSTED WORK ORDER COST $ .00
PROFESSIONAL: __________________________ Date:___________________
Name, Title
ACCEPTANCE: Date:
Name, CITY Project Manager
REVIEWED: Date:
Name, Buyer or Senior Buyer
ACCEPTANCE: Date:
Gerry Paul, Purchasing Director (if greater than $60,000)
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EXHIBIT D
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 E
INSURANCE REQUIREMENTS
The PROFESSIONAL will provide, from insurance companies acceptable to the CITY, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the PROFESSIONAL shall furnish the CITY with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies.
In case of the breach of any provision of the Insurance Requirements, the CITY, at its option, may
take out and maintain, at the expense of the PROFESSIONAL, insurance as the CITY may deem
proper and may deduct the cost of the insurance from any monies which may be due or become
due the PROFESSIONAL under this AGREEMENT.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The CITY, its officers, agents and employees shall be named as additional insureds on the
PROFESSIONAL 's general liability and automobile liability insurance policies by marking
the appropriate box or adding a statement to this effect on the certificate, for any claims
arising out of work performed under this AGREEMENT.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The PROFESSIONAL shall maintain
Worker’s Compensation and Employer’s Liability insurance during the life of this
AGREEMENT for all of the PROFESSIONAL's employees engaged in work performed under
this AGREEMENT. Workers' Compensation & Employer’s Liability insurance shall conform
with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000
disease each employee, or as required by Colorado law.
B. General Liability. The PROFESSIONAL shall maintain during the life of this AGREEMENT
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 PROFESSIONAL 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 PROFESSIONAL shall maintain errors and omissions insurance
in the amount of $1,000,000.
E. Cybersecurity. The PROFESSIONAL shall maintain cybersecurity insurance in the amount
of $5,000,000.
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EXHIBIT F
CONFIDENTIALITY
IN CONNECTION WITH THE SERVICES to be provided by PROFESSIONAL under this
AGREEMENT, the parties agree to comply with reasonable policies and procedures with regard
to the exchange and handling of confidential information and other sensitive materials between
the parties, as set forth below.
1. Definitions.
For purposes of this AGREEMENT, the party who owns the 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 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, PROFESSIONAL shall treat as Confidential Information all
customer identifiable information in any form, whether or not bearing a mark of confidentiality
or otherwise requested by the CITY, including but not limited to 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
PROFESSIONAL has been engaged shall be considered in the same manner and be subject
to the same treatment as the information disclosed after the execution of this AGREEMENT
with regard to protecting it as Confidential Information.
3. Use of Confidential Information.
Receiving Party hereby agrees that it shall use the Confidential Information solely for the
purpose of performing its obligations under this AGREEMENT and not in any way detrimental
to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party
uses with respect to its own proprietary or confidential information, which in any event shall
result in a reasonable standard of care to prevent unauthorized use or disclosure of the
Confidential Information. Except as otherwise provided herein, Receiving Party shall keep
confidential and not disclose the Confidential Information. The CITY and PROFESSIONAL
shall cause each of their directors, officers, employees, agents, representatives, and
subcontractors to become familiar with, and abide by, the terms of this Exhibit, which shall
survive this AGREEMENT as an on-going obligation of the Parties.
PROFESSIONAL shall not use such information to obtain any economic or other benefit for
itself, or any third party, other than in the performance of obligations under this AGREEMENT.
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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, PROFESSIONAL must implement reasonable policies and procedures to detect,
prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags
Rules found at 16 Code of Federal Regulations part 681. Further, PROFESSIONAL must
take appropriate steps to mitigate identity theft if it occurs with any of the CITY’s covered
information and must notify the CITY in writing within twenty-four (24) hours of discovery of
any breaches of security or Red Flags to the CITY.
7. Data Protection and Data Security.
PROFESSIONAL shall have in place information security safeguards designed to conform to
or exceed industry best practices regarding the protection of the confidentiality, integrity and
availability of Confidential Information and shall have written agreements requiring any
subcontractor to meet those standards. These information security safeguards (the
“Information Security Program”) shall be materially consistent with, or more stringent than, the
safeguards described in this Exhibit.
(a) PROFESSIONAL’s information security safeguards shall address the following elements:
• Data Storage, Backups and Disposal
• Logical Access Control (e.g., Role-Based)
• Information Classification and Handling
• Secure Data Transfer (SFTP and Data Transfer Specification)
• Secure Web Communications
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• 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. PROFESSIONAL may use subcontractors, though such activity shall not
release or absolve PROFESSIONAL from the obligation to satisfy all conditions of this
AGREEMENT, including the data security measures described in this Exhibit, and to
require a substantially similar level of data security, appropriate to the types of services
provided and Confidential Information received, for any subcontractor PROFESSIONAL
may use. Accordingly, any release of data, confidential information, or failure to protect
information under this AGREEMENT by a subcontractor or affiliated party shall be
attributed to PROFESSIONAL and may be considered to be a material breach of this
AGREEMENT.
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 PROFESSIONAL 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. Continuing 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 in writing.
10. Termination Remedy. If PROFESSIONAL breaches any of the terms of this Exhibit, in the
CITY’s sole discretion, the CITY may immediately terminate this AGREEMENT and withdraw
PROFESSIONAL’s right to access Confidential Information.
11. Return 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.
Injunctive Relief. PROFESSIONAL Receiving Party acknowledges that the Disclosing 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,
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and in addition to an action for damages, to seek and obtain an injunction or decree of specific
performance or any other remedy, from a court of competent jurisdiction to enjoin or remedy any
violation of this