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HomeMy WebLinkAboutRFP - 10130 Commercial Building Benchmarking Support RFP 10130 Commercial Building Benchmarking Support Page 1 of 39 REQUEST FOR PROPOSAL RFP 10130 COMMERCIAL BUILDING BENCHMARKING SUPPORT RFP DUE: 3:00 PM MT (Mountain Time), April 3, 2025 The City of Fort Collins is requesting proposals from qualified Service Providers to provide services supporting building benchmarking, including: Help Center support and administration, compliance tracking and transparency map, secure customer data sharing and consent management. 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. A pre-proposal meeting will be held at 10:00AM MT on March 25, 2025. The pre-proposal meeting will be hosted on-line via Microsoft Teams. Select or copy/paste the below link into your browser for access to the meeting. Please be prepared to announce your name and mute your microphone: Microsoft Teams Need help? Join the meeting now Meeting ID: 276 831 624 175 Passcode: pd2WW23Z All questions should be submitted, in writing via email, to Jake Rector, Senior Buyer at jrector@fcgov.com, with a copy to Katherine Bailey, Project Manager, at kbailey@fcgov.com, no later than 3:00 PM MT on March 27, 2025. Please format your e-mail to include: 10130 Commercial Building Benchmarking Support 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): 20832 Customer Relationship Management Software (CRM) 20880 Software, Microcomputer (Not Otherwise Classified) 20890 Utilities: Back-up, Batch File, Firewall, Menus, Operating System, Network Operating System, Network Management, Recovery, Screen, Security, Virus Protection, etc. 91829 Computer Software Consulting 91897 Utilities: Gas, Water, Electric Consulting 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 10130 Commercial Building Benchmarking Support Page 2 of 39 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 Service Providers 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 Service Providers 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. Service Providers Registration: The City requires new Service Providers receiving awards from the City to submit IRS form W-9 and requires all Service Providers 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, RFP 10130 Commercial Building Benchmarking Support Page 3 of 39 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 Service Provider shall be required to sign the City’s Agreement prior to commencing services (see sample attached to this document). Sincerely, Gerry Paul Purchasing Director RFP 10130 Commercial Building Benchmarking Support Page 4 of 39 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins is requesting proposals from qualified Service Providers to provide services supporting building benchmarking, including: Help Center support and administration to facilitate building owner compliance with benchmarking requirements; compliance tracking and publicly accessible transparency map; secure customer data sharing with verified third party contractors and consent management. B. Background Fort Collins Benchmarking Program: In 2018, the City adopted §12-203 of the Municipal Code requiring commercial and multifamily buildings 5,000ft2 and larger to benchmark building energy usage through ENERGY STAR Portfolio Manager (ESPM). This policy, titled Building Energy and Water Scoring (BEWS), requires whole building aggregate electric usage to be entered into each covered building’s ESPM account along with other relevant information, which is made publicly available via a transparency map, in alignment with the Colorado Open Records Act (CORA). Covered buildings are identified by unique Building IDs. Existing Policies: Policies in Colorado such as the State adopted Building Performance Standards (BPS) and a similar Performance Standard policy under consideration locally will require buildings to meet performance targets by specific deadlines, improving efficiency per local goals while providing health and safety benefits and reducing energy burden across the community. Compliance with BPS rules requires accurate benchmarking data entered and tracked through a reliable solution. State Policy: The State of Colorado BPS ordinance requires buildings 50,000ft2 and larger to report energy use in ESPM and comply with efficiency targets per HB21-1286. Approximately 200 buildings in Fort Collins are covered by the State’s BPS ordinance. Local Policy Development: Fort Collins recognizes that policies impacting our local buildings have impacts far beyond that building’s walls, and in 2023 partnered with stakeholders from the local community to develop detailed BPS policy recommendations designed to meet local climate goals, bring down energy costs, create job opportunities, and improve equity and resilience. In 2025, the City will seek Council approval to adopt local Building Performance Standards, which will assign efficiency targets. A building’s compliance status will be verified through reporting accurate data via ESPM accounts. II. SCOPE OF PROPOSAL A. Scope of Work Goals and Objectives: The City of Fort Collins Utilities has offered Help Center services to facilitate BEWS compliance since 2021, tracking compliance data along with customer communications and providing robust customer support through the benchmarking process. Since 2020, the City has further facilitated benchmarking through secure data sharing to third parties including ESPM in alignment with CORA. The objective of this RFP is to find one or more Service Providers to support BEWS and secure data sharing, including consent management requirements. While existing service providers are eligible to participate in RFP 10130 Commercial Building Benchmarking Support Page 5 of 39 this RFP, the City will consider other similar solutions that meet the following objectives, which may be bid upon and awarded individually or together: • Benchmarking Integration o Integrate with ESPM and third-party contractors • Benchmarking Support: o Provide Help Center staffed with a trained sustainability consultant during business hours to assist with benchmarking compliance o Provide regular reports of tracked data • Data Share: o Aggregate whole building use and transfer directly to ESPM for BEWS compliance o Transfer residential data to approved third-party contractors o Comply with confidentiality and privacy laws Expectations: 1. Provide support to track and manage: a. Communications b. Compliance status c. Building data d. Contact and owner information i. Regularly update owner information based on Assessor data e. Building energy use f. Data sharing 2. Building information must be accessible and searchable by City staff 3. Integrate with ESPM for BEWS reporting 4. Help Center staff represent the City, and providing excellent customer service to building owners throughout the benchmarking process is critical a. Help Center shall respond to customer queries and engage in proactive compliance outreach 5. Provide secure and reliable data transfer to third parties, including contractors and ESPM accounts a. Provide meter recommendations for whole building data requests b. Provide editable data aggregations i. Provide Utility administrative staff a tool to edit existing data requests and authorizations c. Provide customer consent management aligning with CORA requirements i. Solution should require consent when applicable and provide a means for data requestor to provide consent and to send request to account holder(s) in the event that the requestor is not the account holder d. Provide customers a user-friendly way to manage new and existing data transfers e. Provide secure connection to ESPM and approved third-party contractors. 6. Service Provider shall establish a feedback loop with City staff to review progress and will develop defined recommendations for City staff review. B. Deliverables/Milestones The Service Provider’s role may be refined throughout the course of the scoping and contract development process. Projected deliverables are likely to include: Deliverables 1. BEWS Support RFP 10130 Commercial Building Benchmarking Support Page 6 of 39 a) Manage internal facing administrative portal which shall be accessible and searchable by City administrators and updated as additional data become available. Portal shall track and document all communications with building representatives along with building level data. This includes but is not limited to compliance status and relevant forms (current and historical). b) Provide direct communications to building owners: ▪ Benchmarking reminders and other applicable communications ▪ Compliance status ▪ Response to inquiries ▪ Other communications as appropriate c) Help Center service desk shall be available from 9am-5pm MT Monday – Friday d) Provide external facing benchmarking trainings 2. BEWS Submission Management a) Solution will track and manage compliance submissions b) Service Provider will develop and manage an external facing map of covered buildings including EUI and Energy Star scores, compliance status, and relevant building details c) Service Provider will provide regular updates for City staff regarding communications, compliance status, other d) Solution will integrate with and track relevant forms (e.g., exemption requests) 3. Data Management a) Track past and current commercial building level data (including but not limited to details of the physical building, energy use, reporting metrics, additional data or corrections provided by building owner, other) b) Track and update owner information including regular updates with Assessor data c) Provide customizable reports for City staff on compliance metrics, communication and engagement metrics, use of solution, other d) Due to a planned change in the CIS, there will be mapping necessary to link former and new account numbers e) The City currently provides a standardized template for ingestion of customer data exported from its Customer Information System (CIS) and has a preference to continue to use this standardized extract but is open to working with the selected Service Provider on a different approach 4. Data Transfers a) Applicable APIs (secure connections to the Utility, ESPM, approved third-party contractors) for commercial and residential utility data ▪ Provide customer tools to connect to the Utilities ESPM account or applicable contractor ▪ Verify the customer's identity ▪ Import customer utilities data into ESPM on a recurring monthly basis ▪ Export metrics out of ESPM for City access ▪ Provide residential 15-minute interval data file, and monthly On-Peak and Off-Peak period summary energy usage data to third-party contractors ▪ Prevent auto-registrations or ‘bots’ ▪ Track and report on data shares b) Transfer existing ongoing data shares to any new solution to minimize customer impact c) Provide tools for Utilities administrators to verify data accuracy and a timely means of rectifying any inaccuracies or errors ▪ Administrative tool shall allow edits to aggregations and consent status RFP 10130 Commercial Building Benchmarking Support Page 7 of 39 ▪ Tool shall distinguish benchmarking and third-party contractor requests d) Provide customer consent management aligning with privacy laws 5. Data Transfer Customer Support a) Allow contractors and building owners/representatives to manage authorizations and control access to their data for secondary purposes (i.e., to authorize differential access to multiple third-party contractors, limit the duration of access, keep a record of data releases, edit authorizations, revoke authorization) b) Allow customers to download their own data c) Allow customers to authorize the data request through a user-friendly online authorization form d) Verifies the identity of the customer and validates their status against data from their Utilities account e) Provides user support by phone and/or online to aid customers in the use of the solution when needed Proposal Specifics The City encourages respondents to propose alternative approaches and/or other considerations for services required for achieving its objectives. These approaches will be considered by the City. The proposal should include a description of the services you are offering, references or examples from other relevant work, desired outcomes and projected costs associated with specific tasks. The City has worked with Service Providers in both an on-call general services agreement or on a T&M not to exceed basis for this work in the past. Specific Responses for Evaluation should include: Indicator Target Benchmarking Support and Tracking Expertise Description of qualifications related to benchmarking support Secure Data Transfer and Consent Management Expertise Description of qualifications related to consent management work Examples of past deliverables Related to the scope, include references as applicable Cost and availability to complete project in 2025 Not to Exceed cost Project availability Optional desired capabilities • Capability to tie into Building Performance Standards (BPS) support o Support for BPS will be contracted separately in the event that a local BPS policy is passed. Preference will be given to a solution that can either support BPS or tie into BPS support provided. RFP 10130 Commercial Building Benchmarking Support Page 8 of 39 • Customer communications/updates regarding the status of data requests • Green Button XML format for customer-authorized sharing of energy data to third party contractors The City is open to learning about additional functionalities associated with proposed solutions. C. Minimum Qualifications • Demonstrated success providing excellent customer service • Demonstrated success supporting benchmarking programs • Demonstrated success integrating with ESPM o Reporting link as well as securely transferring aggregated building level data to ESPM accounts and third-party contractors. • Demonstrated success managing consent requirements for utility data transfer per privacy requirements • The top awarded Service Provider will be required to complete the City’s Software as a Service (SaaS) questionnaire and demonstrate how that meets the City’s requirement. The SaaS questionnaire is included in ATTACHMENT A for reference. D. Anticipated Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: March 10, 2025 • Pre-Proposal Meeting: March 25, 2025 • Question deadline: 3:00 PM MT on March 27, 2025 • Proposal due date: 3:00 PM MT on April 3, 2025 • Interviews (tentative): Week of April 14, 2025 • Award of Contract (tentative): April 2025 E. 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. F. Subcontractors/Subconsultants Service Provider will be responsible for identifying any subcontractors and/or subconsultants in their proposal. Please note that the City will contract solely with the awarded Service Provider; therefore, subcontractors and/or subconsultants will be the responsibility of the Service Provider. G. Current standards RFP 10130 Commercial Building Benchmarking Support Page 9 of 39 All work and/or materials must meet current standards in force by recognized technical and professional societies, trade and materials supply associations, institutes and organizations, bureaus, and testing laboratories, and national, federal, state, county, and local laws, codes and ordinances. H. Fees, Licenses, Permits The successful Service Provider shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All vehicles and equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. 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. Technology Accessibility. The proposed solution shall comply with all applicable provisions of §§24-85-101, et seq., C.R.S., 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 §24-85-103 (2.5), C.R.S., including all updates and amendments to those standards as provided by the OIT. The proposed solution 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. K. Work Orders The awarded Service Provider will be required to sign the City’s Work Order Type Agreement, a sample of which is attached as Section VI for reference purposes. Individual Work assignments will be requested and agreed to utilizing the City’s Work Order (included in the Agreement). Each Work Order must include a start and completion date, total cost and a Scope of Work. Subsequent supporting documentation pages may include a project schedule, deliverables, hours, cost detail supporting total cost, and personnel details. Fees outlined in the Work Order will conform with those stated in the Agreement. No Work Order over $7,500 will be considered valid until signed, at a minimum, by the Service Provider, project manager and Purchasing Department representative. Depending on the cost and nature of the Work, additional signature authorization may be required. Any changes to the dates, cost or scope of any Work Order must be agreed upon in writing utilizing the City’s Change Order (included in the Agreement) and will not be considered valid until signed, at a minimum, by the Service Provider, project manager and Purchasing Department representative. L. Invoicing and Payment Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Service Provider each month following the submittal of a correct invoice by the Service Provider indicating the project name, Purchase Order number, task description, hours worked, personnel/work type RFP 10130 Commercial Building Benchmarking Support Page 10 of 39 category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. Payments will be made using the prices stated in the Work Order and Agreement. In the event a service is requested which is not stated in the Work Order and/or Agreement, the Service Provider and the City will negotiate an appropriate unit price for the service prior to the Service Provider initiating such work. The City pays invoices on Net 30 terms. III. 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. 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. 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’s questions with their response. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. 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). RFP 10130 Commercial Building Benchmarking Support Page 11 of 39 C. Scope of Proposal 1. Provide a proposed schedule for project implementation and completion by December 31,2025. 2. Provide a detailed narrative of the services proposed if awarded the contract per the scope above. The narrative should include any options that may be beneficial for the City to consider. 3. Describe how the project would be managed and who would have primary responsibility for its timely and professional completion. 4. Briefly describe the approach to execute the scope of work to include the methods and assumptions used, and any exceptions and/or risks. 5. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. 6. Include a description of the software and other analysis tools to be used. 7. Identify what portion of work, if any, may be subcontracted or outsourced to subconsultants. Include all applicable information herein requested for each Service Provider. 8. Are other qualified personnel available to assist in meeting the project schedule if required? D. Firm Capability and Assigned Personnel Provide relevant information regarding previous experience related to this or similar projects, to include the following: 1. Provide an Organization Chart/Proposed Project Team: An organization chart containing the names of all key personnel and subconsultants with titles and their specific task assignment for this Agreement shall be provided in this section. 2. Provide resumes for each professional and technical person to be assigned to the project, including partners, subconsultants, and subcontractors. Please limit resumes to one page. 3. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the services described above. 4. References. Provide a minimum of three similar projects with public agencies in the last 5 years that have involved the staff and subcontractors/subconsultants proposed to work on this project. Include the owner’s name, title of project, beginning price, ending price, contact name, email and phone number, subconsultants on the team and a brief description of the work and any change orders. The Service Provider authorizes the City to verify any and all information contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information provided. 5. Provide any information that distinguishes Service Provider from its competition and any additional information applicable to this RFP that might be valuable in assessing Service Provider’s proposal. E. Sustainability/TBL Methodology RFP 10130 Commercial Building Benchmarking Support Page 12 of 39 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 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. F. Cost and Work Hours In your response to this proposal, please provide the following: 1. Service Providers should propose hourly rates for services including a breakdown of various tasks where applicable. 2. Estimated Hours by Task: Provide estimated hours for each proposed task by job title and employee name, including the time required for meetings, conference calls, etc. 3. Schedule of Rates: Provide a schedule of billing rates by category of employee and job title to be used during the term of the Agreement. This fee schedule will be firm for at least one (1) year from the date of the Agreement. The fee schedule will be used as a basis for determining fees should additional services be necessary. A fee schedule for subconsultants/subcontractors, if used, shall be included. RFP 10130 Commercial Building Benchmarking Support Page 13 of 39 4. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project and not included in the billing rates must be identified. Reasonable expenses may be reimbursable as per the current rates found at www.gsa.gov. Service Provider/Consultant will be required to provide original receipts to the City for all travel expenses. 5. Include any applicable recurring annual costs for support & maintenance for 5 years. G. Sample Agreement Included with this request for proposals is a sample Agreement that the City intends to 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. H. Acknowledgement The Acknowledgement form is attached as Section V. Complete the attached form indicating the Service Provider hereby acknowledges receipt of the City of Fort Collins 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. RFP 10130 Commercial Building Benchmarking Support Page 14 of 39 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, 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 3.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? 3.0 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 demonstrated and completed previous projects of this type and scope? Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? Does the firm demonstrate a commitment to all three aspects (social, environmental, and economic) of the Triple Bottom Line (TBL) methodology of sustainability for this project and in their company value system as evidenced by their day-to-day business operating processes, practices and procedures? RFP 10130 Commercial Building Benchmarking Support Page 15 of 39 3.0 Cost & Work Hours 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 and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required by each project task or phase? RFP 10130 Commercial Building Benchmarking Support Page 16 of 39 V. ACKNOWLEDGEMENT Service Provider 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 10130 COMMERCIAL BUILDING BENCHMARKING SUPPORT and sample Agreement except as otherwise noted. Additionally, Service Provider 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 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 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. Service Provider acknowledges receipt of addenda. g. Service Provider acknowledges no conflict of interest. h. Service Provider 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: Signature of Authorized Agent: RFP 10130 Commercial Building Benchmarking Support Page 17 of 39 Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. RFP 10130 Commercial Building Benchmarking Support Page 18 of 39 ATTACHMENT A SaaS Cyber Vendor Questionnaire 1. Data Ownership: The City of Fort Collins 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. The vendor will not share or distribute any City data to any other entity without the City's written consent. Can you comply with this? Answer: 2. Data Protection: Describe how you safeguard the confidentiality, integrity, and availability of City 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 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 data? Answer: 4. Data Location: Are the data centers where City data may be stored or processed located exclusively in the United States? Do you allow your personnel or contractors to store City data on portable devices? Do your personnel and contractors access City 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 breach? 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: RFP 10130 Commercial Building Benchmarking Support Page 19 of 39 8. Access to Security Logs and Reports: The vendor shall provide reports to the City in a format specified in the SLA agreed to by the vendor and the City. Reports shall include latency statistics, user access, user access IP address, user access history and security logs for all City 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? 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 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 shall have the right at any time to require that the vendor remove from interaction with the City any vendor representative who the City believes is detrimental to its working relationship with the vendor. Can you comply with this? Answer: RFP 10130 Commercial Building Benchmarking Support Page 20 of 39 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 of Fort Collin’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 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: Official Purchasing Document Last updated 2/2024 Professional Services Agreement – Work Order Type 10130 Commercial Building Benchmarking Support Page 21 of 39 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 Section 4 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 10130 Commercial Building Benchmarking Support, issued by the CITY. 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 one (1) page and incorporated herein. 2. 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. 3. 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 four (4) additional one- year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. Written notice of renewal shall be provided to the PROFESSIONAL no later than thirty (30) days before AGREEMENT end. 4. Compensation. In consideration of the Services to be performed pursuant to this AGREEMENT, the CITY agrees to pay the PROFESSIONAL [choose one] as designated Official Purchasing Document Last updated 2/2024 Professional Services Agreement – Work Order Type 10130 Commercial Building Benchmarking Support Page 22 of 39 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. 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. 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: Katherine Bailey PO Box 580 Fort Collins, CO 80522 kbailey@fcgov.com 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. 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 Official Purchasing Document Last updated 2/2024 Professional Services Agreement – Work Order Type 10130 Commercial Building Benchmarking Support Page 23 of 39 Instruments as defined in Section 11 below. The PROFESSIONAL shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies from such standards. 8. 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. 9. Insurance. The PROFESSIONAL shall maintain insurance in accordance with Exhibit [choose one], consisting of two (2) pages, attached hereto and incorporated herein. 10. 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. 11. 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 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 Official Purchasing Document Last updated 2/2024 Professional Services Agreement – Work Order Type 10130 Commercial Building Benchmarking Support Page 24 of 39 upon file type. 12. 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. 13. Project Status Report. A project status report is required to accompany all invoices and shall be submitted to the CITY Project Manager. The progress status report shall contain a written report of the status of the Services with respect to the Scope of Services, project schedule, previous invoices, outstanding balance, percent billed and other material information. Failure to provide any required report may, at the option of the CITY, suspend the processing of any payment request. 14. Independent Contractor. The Services to be performed by the PROFESSIONAL are those of an independent contractor and not of an employee of the City of Fort Collins. The CITY shall not be responsible for withholding any portion of the PROFESSIONAL's compensation hereunder for the payment of FICA, Workers' Compensation, unemployment insurance, other taxes or benefits or for any other purpose. 15. 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. 16. 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, (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, Exhibit [choose one], consisting of two (2) pages, attached and incorporated herein. The PROFESSIONAL shall maintain a copy of each subcontractor’s/subconsultant’s certificate evidencing the required insurance. Upon Official Purchasing Document Last updated 2/2024 Professional Services Agreement – Work Order Type 10130 Commercial Building Benchmarking Support Page 25 of 39 request, the PROFESSIONAL shall promptly provide the CITY with a copy of the certificate(s). 17. 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. 18. Default. Each and every term and condition hereof shall be deemed to be a material element of this AGREEMENT. In the event either party should fail to or refuse to perform according to the terms of this AGREEMENT, that party may be declared in default upon notice. 19. 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 event of a dispute regarding this AGREEMENT, each party shall bear its own attorney fees and costs. 20. 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 and all Work Orders pursuant to this AGREEMENT 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, heirs, personal representatives, successors and assigns of said parties. Covenants or representations not contained in this AGREEMENT shall not be binding on the parties. In the event of a conflict between terms of the AGREEMENT and any exhibit or attachment, the terms of the AGREEMENT shall prevail. Each person executing this AGREEMENT affirms that they have the necessary authority to sign on behalf of their respective party and to bind that party to the terms of this AGREEMENT. 21. 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. Official Purchasing Document Last updated 2/2024 Professional Services Agreement – Work Order Type 10130 Commercial Building Benchmarking Support Page 26 of 39 22. 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. 23. 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); Section §§24-34-401, et seq., C.R.S., 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. 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. 24. 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, §§24-85-101, et seq., C.R.S., 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. 25. Technology Accessibility. The PROFESSIONAL represents that the Project Instruments hereunder, shall fully comply with all applicable provisions of §§24-85-101, et seq., C.R.S., 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 §24-85-103 (2.5), C.R.S., 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 Official Purchasing Document Last updated 2/2024 Professional Services Agreement – Work Order Type 10130 Commercial Building Benchmarking Support Page 27 of 39 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 §§24-85-101, et seq., C.R.S., or the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to §24-85-103 (2.5), C.R.S. 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 §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to §24-85-103 (2.5), C.R.S. 26. Data Privacy. PROFESSIONAL will comply with all applicable data privacy regulations and laws, specifically including Colorado’s Privacy Act § 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. 27. Governmental Immunity Act. No term or condition of this AGREEMENT shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 28. 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, et seq. (CORA), and documents in the CITY’s possession may be considered public records subject to disclosure under CORA. 29. Delay. Time is of the essence. Subject to Force Majeure in Section 31 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 Official Purchasing Document Last updated 2/2024 Professional Services Agreement – Work Order Type 10130 Commercial Building Benchmarking Support Page 28 of 39 this AGREEMENT. 30. 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, utilit y, 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. 31. 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. 32. 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. 33. 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] Official Purchasing Document Last updated 2/2024 Professional Services Agreement – Work Order Type 10130 Commercial Building Benchmarking Support Page 29 of 39 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director Date: ATTEST: APPROVED AS TO FORM: PROFESSIONAL'S NAME By: Printed: Title: Date: Official Purchasing Document Last updated 2/2024 Professional Services Agreement – Work Order Type 10130 Commercial Building Benchmarking Support Page 30 of 39 EXHIBIT A WORK ORDER FORM PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND PROFESSIONAL'S NAME WORK ORDER NUMBER: PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: 10130 Commercial Building Benchmarking Support MASTER 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 the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. PROFESSIONAL: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 2/2024 Professional Services Agreement – Work Order Type 10130 Commercial Building Benchmarking Support Page 31 of 39 EXHIBIT B GENERAL SCOPE OF WORK Official Purchasing Document Last updated 2/2024 Professional Services Agreement – Work Order Type 10130 Commercial Building Benchmarking Support Page 32 of 39 EXHIBIT C CHANGE ORDER NO. PROJECT TITLE: PROFESSIONAL: Company Name WORK ORDER NUMBER: PO NUMBER: 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 CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGINAL WORK ORDER % ADJUSTED WORK ORDER COST $ .00 PROFESSIONAL: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Official Purchasing Document Last updated 2/2024 Professional Services Agreement – Work Order Type 10130 Commercial Building Benchmarking Support Page 33 of 39 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. Official Purchasing Document Last updated 2/2024 Professional Services Agreement – Work Order Type 10130 Commercial Building Benchmarking Support Page 34 of 39 EXHIBIT [CHOOSE ONE] INSURANCE REQUIREMENTS Local Agency shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as specified in this section at all times during the term of this AGREEMENT. All insurance policies required by this AGREEMENT that are not provided through self-insurance shall be issued by insurance companies with an AM Best rating of A-VIII or better. A. Local Agency Insurance. Local Agency is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24-10- 101, et seq., C.R.S. (the “GIA”) and shall maintain at all times during the term of this AGREEMENT such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. B. Subcontractor Requirements. Local Agency shall ensure that each Subcontractor that is a public entity within the meaning of the GIA, maintains at all times during the terms of this AGREEMENT, such liability insurance, by commercial policy or self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA. Local Agency shall ensure that each Subcontractor that is not a public entity within the meaning of the GIA, maintains at all times during the terms of this AGREEMENT all of the following insurance policies: i. Workers’ Compensation Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering all Local Agency or Subcontractor employees acting within the course and scope of their employment. ii. General Liability Commercial general liability insurance written on an Insurance Services Office occurrence form, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: a. $1,000,000 each occurrence; b. $1,000,000 general aggregate; c. $1,000,000 products and completed operations aggregate; and d. $50,000 any 1 fire. iii. Automobile Liability. Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit. iv. Protected Information Liability insurance covering all loss of State Confidential Information, such as PII, PHI, PCI, Tax Information, and CJI, and claims based on alleged violations of privacy rights through improper use or disclosure of protected information with minimum limits as follows: a. $1,000,000 each occurrence; and b. $2,000,000 general aggregate. v. Professional Liability Insurance. Professional liability insurance covering any damages caused by an error, omission or any negligent act with minimum limits as follows: a. $1,000,000 each occurrence; and b. $1,000,000 general aggregate. Official Purchasing Document Last updated 2/2024 Professional Services Agreement – Work Order Type 10130 Commercial Building Benchmarking Support Page 35 of 39 vi. Crime Insurance. Crime insurance including employee dishonesty coverage with minimum limits as follows: a. $1,000,000 each occurrence; and b. $1,000,000 general aggregate. vii. Cyber/Network Security and Privacy Liability insurance covering all civil, regulatory and statutory damages, contractual damages, data breach management exposure, and any loss of State Confidential Information, such as PII, PHI, PCI, Tax Information, and CJI, and claims based on alleged violations of breach, violation or infringement of right to privacy rights through improper use or disclosure of protect consumer data protection law, confidentiality or other legal protection for personal information, as well as State Confidential Information with minimum limits as follows: OLA #: 331003221 Routing #: 24- HA4-XC-00244 a. $1,000,000 each occurrence; and b. $2,000,000 general aggregate. C. Additional Insured. The State shall be named as additional insured on all commercial general liability policies (leases and construction contracts require additional insured coverage for completed operations) required of Local Agency and Subcontractors. In the event of cancellation of any commercial general liability policy, the carrier shall provide at least 10 days prior written notice to CDOT. D. Primacy of Coverage. Coverage required of Local Agency and each Subcontractor shall be primary over any insurance or self-insurance program carried by Local Agency or the State. E. Cancellation. All commercial insurance policies shall include provisions preventing cancellation or non-renewal, except for cancellation based on non-payment of premiums, without at least 30 days prior notice to Local Agency and Local Agency shall forward such notice to the State in accordance with §16 within 7 days of Local Agency’s receipt of such notice. F. Subrogation. Waiver All commercial insurance policies secured or maintained by Local Agency or its Subcontractors in relation to this AGREEMENT shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise against Local Agency or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. G. Certificates. For each commercial insurance plan provided by Local Agency under this Agreement, Local Agency shall provide to the State certificates evidencing Local Agency’s insurance coverage required in this Agreement within seven (7) Business Days following the Effective Date. Local Agency shall provide to the State certificates evidencing Subcontractor insurance coverage required under this Agreement within seven (7) Business Days following the Effective Date, except that, if Local Agency’s subcontract is not in effect as of the Effective Date, Local Agency shall provide to the State certificates showing Subcontractor insurance coverage required under this Agreement within seven (7) Business Days following Local Agency’s execution of the subcontract. No later than 15 days before the expiration date of Local Agency’s or any Subcontractor’s coverage, Local Agency shall deliver to the State certificates of insurance evidencing renewals of coverage. At any other time during the term of this Agreement, upon request by the State, Local Agency shall, within seven (7) Business Days following the request by the State, supply to the State evidence satisfactory to the State of compliance with the provisions of this §12. Official Purchasing Document Last updated 2/2024 Professional Services Agreement – Work Order Type 10130 Commercial Building Benchmarking Support Page 36 of 39 EXHIBIT [CHOOSE ONE] 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. Official Purchasing Document Last updated 2/2024 Professional Services Agreement – Work Order Type 10130 Commercial Building Benchmarking Support Page 37 of 39 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 Official Purchasing Document Last updated 2/2024 Professional Services Agreement – Work Order Type 10130 Commercial Building Benchmarking Support Page 38 of 39 • 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. 12. 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 Official Purchasing Document Last updated 2/2024 Professional Services Agreement – Work Order Type 10130 Commercial Building Benchmarking Support Page 39 of 39 for breach of this AGREEMENT and therefore, the Disclosing Party shall be entitled, as a non- exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction or decree of specific performance or any other remedy, from a court of competent jurisdiction to enjoin or remedy any violation of this AGREEMENT.