HomeMy WebLinkAboutRFP - P1104 ONLINE SERVICESFinancial Services
Purchasing Division
215 N. Mason St. 2id Floor
PO Box 560
Fort Collins, CO 60522
970.221.6775
970.221.6707
fcqov.com//)urchaslna
ADDENDUM No. 1
P1104 Online Services
SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of RFP: P1104 Online Services
REVISED RFP OPENING DATE: March 31, 2008, 3:00 P.M.(Our Clock)
To all prospective bidders under the specifications and contract documents described above,
the following changes are hereby made.
CHANGE:
To allow for additional questions, the Request for Proposal Schedule is revised as follows:
Written questions submitted to City of Fort Collins:
March 14, 2008
Response by City to individual vendor questions:
March 19, 2008
Request for Proposal Due:
March 31, 2008 (3:00 p.m.)
Notification to Highest Ranked Firms:
April 7, 2008
Interviews:
April 17, 2008
Please contact Opal F. Dick, CPPO, Senior Buyer at (970) 221-6778 with any questions
regarding this addendum.
RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT
ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN
RECEIVED.
where; rellowal is a Way of HIC
the termination date contained in said notice unless otherwise agreed in writing by the parties.
All notices provided under this Agreement shall be effective when mailed, postage prepaid and
sent to the following addresses:
City: With Copy to:
City of Fort Collins, Purchasing
PO Box 580
Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination, subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole
right and remedy for such termination.
5. Design, Project Indemnity and Insurance Responsibility. The Professional shall
be responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to designs,
plans, reports, specifications, and drawings and shall, without additional compensation,
promptly remedy and correct any errors, omissions, or other deficiencies. The Professional
shall indemnify, save and hold harmless the City, its officers and employees in accordance with
Colorado law, from all damages whatsoever claimed by third parties against the City; and for the
City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's
performance of any of the services furnished under this Agreement. The Professional shall
maintain commercial general liability insurance in the amount of $500,000 combined single
limits and errors and omissions insurance in the amount of $
6. Compensation. [Use this paragraph or Option 1 below.] In consideration of
the services to be performed pursuant to this Agreement, the City agrees to pay Professional a
fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and
costs shall not exceed ($ ). Monthly partial payments based upon the Professional's
billings and itemized statements are permissible. The amounts of all such partial payments
shall be based upon the Professional's City -verified progress in completing the services to be
performed pursuant hereto and upon the City's approval of the Professional's actual
reimbursable expenses. [Optional] Insert Subcontractor ClauseFinal payment shall be made
following acceptance of the work by the City. Upon final payment, all designs, plans, reports,
specifications, drawings, and other services rendered by the Professional shall become the sole
property of the City.
6. Compensation. [Option 1] In consideration of the services to be performed
pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable
direct cost basis according to the following schedule:
Hourly billing rates:
Reimbursable direct costs:
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed ($ ). Monthly partial payments based upon the Professional's billings and
itemized statements of reimbursable direct costs are permissible. The amounts of all such
partial payments shall be based upon the Professional's City -verified progress in completing the
services to be performed pursuant hereto and upon the City's approval of the Professional's
reimbursable direct costs. Final payment shall be made following acceptance of the work by the
City. Upon final payment, all designs, plans, reports, specifications, drawings and other
services rendered by the Professional shall become the sole property of the City.
7. City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to the City Representative.
8. Project Drawings. [Optional]Upon conclusion of the project and before final
payment, the Professional shall provide the City with reproducible drawings of the project
containing accurate information on the project as constructed. Drawings shall be of archival,
prepared on stable mylar base material using a non -fading process to provide for long storage
and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the
owner in and AutoCAD version no older then the established city standard.
9. Monthly Report. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Scope of
Services, Work Schedule, and other material information. Failure to provide any required
monthly report may, at the option of the City, suspend the processing of any partial payment
request.
10. Independent Contractor. The services to be performed by Professional are those
of an independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of Professional's compensation hereunder for the
payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
11. 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.
12. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve the Professional of responsibility for the quality or technical accuracy of the work. The
City's approval or acceptance of, or payment for, any of the services shall not be construed to
operate as a waiver of any rights or benefits provided to the City under this Agreement.
11 Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default.
14. Remedies. In the event a party has been declared in default, such defaulting
party shall be allowed a period of ten (10) days within which to cure said default. In the event
the default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting
party commences legal or equitable actions against the defaulting party, the defaulting party
shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees
and costs incurred because of the default.
15. Bindinq Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties.
16. Law/Severability. The laws of the State of Colorado shall govern the
construction, interpretation, execution and enforcement of this Agreement. In the event any
provision of this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this
Agreement.
17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all
Contractors whose performance of work under this Agreement does not involve the delivery of a
specific end product other than reports that are merely incidental to the performance of said
work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that:
a. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal alien;
and
2. Contractor has participated or attempted to participate in the basic pilot
employment verification program created in Public Law 208, 104th Congress, as
amended, and expanded in Public Law 156, 108th Congress, as amended,
administered by the United States Department of Homeland Security (the "Basic
Pilot Program") in order to confirm the employment eligibility of all newly hired
employees.
b. Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
C. Contractor shall continue to apply to participate in the Basic Pilot Program and
shall in writing verify same every three (3) calendar months thereafter, until Contractor is
accepted or the public contract for services has been completed, whichever is earlier.
The requirements of this section shall not be required or effective if the Basic Pilot
Program is discontinued.
d. Contractor is prohibited from using Basic Pilot Program procedures to undertake
pre -employment screening of job applicants while this Agreement is being performed.
e. If Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Contractor
shall:
1. Notify such subcontractor and the City within three days that Contractor
has actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Contractor shall
not terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
f. Contractor shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
g. If Contractor violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Contractor shall be liable for actual and consequential
damages to the City arising out of Contractor's violation of Subsection 8-17.5-102,
C.R.S.
h. The City will notify the Office of the Secretary of State if Contractor violates this
provision of this Agreement and the City terminates the Agreement for such breach.
18. Special Provisions. [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting
of ( ) pages, attached hereto and incorporated herein by this reference.
THE CITY OF FORT COLLINS, COLORADO
0
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
[Insert Professional's name] or
[Insert Partnership Name] or
[Insert individual's name] or
Doing business as [insert name of business]
M
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST:
(Corporate Seal)
Corporate Secretary
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the Service Provider shall furnish the City with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option,
may take out and maintain, at the expense of the Service Provider, such insurance as the City
may deem proper and may deduct the cost of such insurance from any monies which may be
due or become due the Service Provider under this Agreement. The City, its officers, agents
and employees shall be named as additional insureds on the Service Provider's general liability
and automobile liability insurance policies for any claims arising out of work performed under
this Agreement.
Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's employees
engaged in work performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise directly or
indirectly from the performance of work under this Agreement. Coverage for property
damage shall be on a "broad form" basis. The amount of insurance for each coverage,
Commercial General and Vehicle, shall not be less than $500,000 combined single limits
for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed under
this Agreement by a subcontractor, which liability is not covered by the subcontractor's
insurance.
SOFTWARE LICENSE AGREEMENT
This Software License Agreement ("Agreement") is entered in to between THE CITY OF
FORT COLLINS, COLORADO, a municipal corporation ("City") and
, hereinafter ("Company"), and shall be effective on the date signed by the City.
Definitions
a. Software. The term "Software" shall mean the computer program in object
code and source code and the user manuals described in the specifications set forth in
Exhibit 'A" Statement of Work. The term "Software" includes any corrections, bug fixes,
enhancements, updates or other modifications, including custom modifications, to such
computer program and user manuals.
b. Certificate of Installation. The term "Certificate of Installation" shall mean a
written notice, signed by Company and acknowledged by the City, certifying that the
Software has been installed, that the Software substantially complies with the
specifications set forth in Exhibit 'A," that the software has been fully configured and that
the master records ("rules") for the operation of the program have been established and
that the training of City employees is complete.
License
a. Grant of License. Company grants City, pursuant to the terms and conditions
of this Agreement, a perpetual, nonexclusive, nontransferable license to use the
Software.
b. Authorized Equipment and Site. City shall use the Software on the
computers used for City business.
C. Restrictions on Use. City agrees to use the Software only for City's business,
including any collaborative services with other governmental entities, provided
appropriate licensing fees have been paid to the Company.
d. Copies. City may make archival copies of the Software's computer
program, provided that the copies shall include Company's copyright and any other
proprietary notices.
e. Modifications, Reverse Engineering. City agrees that only Company shall have
the right to alter, maintain, enhance or otherwise modify the Software. City shall not
disassemble, decompile or reverse engineer the Software's computer program.
f. User Manuals. Company shall provide City with a minimum of three paper
copies and one CD copy of the user manuals, and the manuals shall be updated with
each new release of the Software and shall be updated no less than annually.
g. Personnel. Company personnel working with the City shall be acceptable to
the City.
3. Delivery, Installation, Data Conversion, Testing and Acceptance.
All activities related to the implementation of the Software shall proceed in accordance
with Exhibit "B", Implementation Schedule. Each activity listed in Exhibit B shall include
both a start date and completion date. In addition, the Implementation Schedule shall
incorporate the following specific activities.
a. Delivery. Company shall deliver the Software to the City location(s)
specified by the Information Services Director of the City within a mutually agreed time
after the effective date of this Agreement.
b. Installation. Company shall install the Software at the locations designated.
City shall grant Company access to the location(s) and the computer system(s) for the
period of time required for such installation.
C. Data Conversion. Data conversion, data entry and verification of data shall
be completed in accordance with the specifications of City as set forth in Exhibit "A."
d. Testing. City shall have thirty (30) days, commencing upon delivery of the
Certificate of Installation, to test the Software for substantial compliance with the
specifications set forth in Exhibit "A" (the "Testing Period). City shall provide notice to
Company of any failure of the Software to comply with such specifications. Upon receipt
of such notice, Company shall use its best efforts to remedy the failure and install a fix
within five (5) days. If City provides such notice to Company, the Testing Period, at
City's option, may be extended for thirty (30) days after Company asserts to City that the
problem has been fixed.
e. Acceptance. Acceptance shall occur (i) upon City's delivery of notice to
Company that the Software substantially complies with the specifications set forth in
Exhibit "A", or (ii) if City does not provide notice of a failure of the Software after thirty
(30) days from the close of the Testing Period, then after thirty (30) days after the close
of the Testing Period, Acceptance shall be deemed to have occurred.
4. License Fee
a. In General. In consideration for the license(s) granted by Company under this
Agreement as set forth in Exhibit "C", Pricing Quotation, City shall pay Company a fee,
not to exceed $
b. Payment Terms. Each installation of the License Fee shall be due and
payable in accordance with the Payment Schedule, which is incorporated into Exhibit
"B", Implementation Schedule. All amounts are due thirty (30) days from receipt of
invoice by City from Company.
5. Ownership
a. Title. City and Company agree that Company owns all proprietary rights,
including patent, copyright, trade secret, trademark and other proprietary rights, in and to
the Software and any corrections, bug fixes, enhancements or updates to the Software.
REQUEST FOR PROPOSAL
P1104 Online Services
The City of Fort Collins is seeking proposals offering a suite of online services that will allow
Fort Collins Utility customers the ability to manage their utility accounts and bills electronically.
E-Mail submittal shall to e-mailed to: odick(a,fcgoy_com_ .If submitting a written proposal: Mail
six (6) written copies of the proposal to City of Fort Collins, Purchasing Division, P.O. Box 580,
Fort Collins, CO 80522-0580 or delivery can be made to 215 North Mason St., 2nd floor, Fort
Collins, Co 80524 Proposals will be received before'3:00 p.m. (our clock), March 24, 2008.
Proposal No. P1104. If delivered, they are to be sent to 215 North Mason Street, 2"d Floor, Fort
Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580.
Questions concerning the general scope of the project shall be directed to Project Manager, Lori
Clements -Grote (970)221-6396. Questions concerning any technical or informational
requests must be submitted in writing on or before February 25, 2008 to Opal F. Dick @
odick&fcgov.com. See the Request for Proposal Schedule below.
Questions regarding proposals submittal or process should be directed to Opal F. Dick, CPPO,
Senior Buyer (970) 221-6778.
A copy of the Proposal may be obtained as follows:
Download the Proposal/Bid from the BuySpeed Webpage,
https://secure2.fcqov.com/bso/login,iso
2. Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request
a copy of the Bid.
Request for Proposal Schedule:
Request for Proposal Distributed:
Written questions submitted to City of Fort Collins:
Response by City to vendor questions:
Request for Proposal Due:
Notification to Highest Ranked Firms:
Interviews:
February 14, 2008
February 25, 2008
March 3. 2008
March 24, 2008 (3:00 p.m.)
March 31, 2008
April 7, 2008
The City of Fort Collins is subject to public information laws, which permit access to most
records and documents. Proprietary information in your response must be clearly identified and
will be protected to the extent legally permissible. Proposals may not be marked 'Proprietary' in
their entirety. Information considered proprietary is limited to material treated as confidential in
the normal conduct of business, trade secrets, discount information, and individual product or
service pricing. Summary price information may not be designated as proprietary as such
information may be carried forward into other public documents. All provisions of any contract
resulting from this request for proposal will be public information.
b. Transfers. Under no circumstances shall City sell, license, publish, display,
distribute, assign or otherwise transfer to a third party the Software or any copy thereof,
in whole or in part, without Company's prior written consent, except in when City is using
the Software to provide collaborative services with other governmental entities and the
appropriate licensing fees have been paid to the Company for this usage.
6. Confidential Information
Company agrees not to use City data except when specifically authorized by City, and to
treat all City data as confidential. City agrees to maintain the confidentiality of
proprietary information identified as such by Company to the extent allowed by law.
7. Warranty
Company warrants to City that for a period of one year commencing upon Acceptance,
the Software will substantially comply with the specifications set forth in Exhibit "A."
During this warranty period, Company shall also provide City the support and
maintenance services set forth in the Software Maintenance Agreement appended
hereto as Exhibit "D." After expiration of the warranty period, Company shall provide
support and maintenance for the Software pursuant to the terms of such Maintenance
Agreement,
8. Indemnification
Indemnity Company shall indemnify and hold harmless City from and against any claims,
including reasonable legal fees and expenses, based upon infringement of any copyright or
patent by the Software. City agrees to notify the Company of any such claim promptly in
writing and to allow Company to control the proceedings. City agrees to cooperate fully with
Company during such proceedings. Company shall defend and settle at its sole expense all
proceedings arising out of the foregoing. In the event of such infringement, Company may
replace, in whole or in part, the software with a substantially compatible and functionally
equivalent computer program or modify the Software to avoid the infringement.
9. Insurance
Company agrees to maintain workers' compensation and employer's liability insurance
at the statutory limits. Company will also maintain a commercial general liability policy in
the amount of $500,000.00 per occurrence; $1,000,000.00 aggregate' $1,000,000.00
products and completed operations aggregate
10. Source Code
The uninterrupted availability of the Software is critical to City in the operation of its
business. Company agrees to provide the source code to the Information Services Director
of City.
11. Term and Termination
a. Effective Date. This Agreement and the license granted hereunder shall
take effect upon the date the City executes this Agreement.
b. Termination. City shall have the right to terminate this Agreement upon giving
thirty (30) days notice.
C. Within thirty (30) days after termination of the license, City will return to
Company, at Company's expense, the Software and all copies thereof or delete or
destroy all other copies of the Software and inform the Company that the Software has
been returned or all copies deleted or destroyed, and its use discontinued.
12. Force Majeure
Neither party shall be in default or otherwise liable for any delay in or failure of its
performance under this Agreement if such delay or failure arises due to any act of God, any
acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots,
failures or delay in transportation or communications; provided, however, that lack of funds
shall not be deemed to be a reason beyond a party's reasonable control. The parties will
promptly inform and consult with each other as to any of the above causes, which in their
judgment may or could be the cause of a delay in the performance of this Agreement.
13. Default
Each and every term and condition hereof shall be deemed to be a material element of this
Agreement. In the event either party should fail or refuse to perform according to the terms
of this agreement, such party may be declared in default thereof.
14. Remedies
In the event a party has been declared in default, such defaulting party shall be allowed a
period of ten (10) days within which to cure said default. In the event the default remains
uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c)
avail himself of any other remedy at law or equity. If the non -defaulting party commences
legal or equitable actions against the defaulting party, the defaulting party shall be liable to
the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs
incurred because of the default.
15.
Notices
All notices under this Agreement shall be effective when mailed, postage prepaid and sent
to the following addresses:
COMPANY:
CITY:
City of Fort Collins, Purchasing
P.O. Box 580
Fort Collins, CO 80522
With a Copy To:
16. General Provisions.
a. Complete Agreement. This Agreement, its attachments, the City's Request for
Proposal and the Company's Response to the Request for Proposal are the complete
and exclusive statement of the agreement between the parties, which supersedes and
merges all prior proposals, understandings and all other agreements, oral or written,
between the parties relating to this Agreement.
b. Order of Precedence. In the event of any conflict or inconsistency among
documents related to this Agreement, said conflict or inconsistency shall be resolved by
giving precedence to the later dated document. Unless otherwise agreed to by both
parties, document precedence shall be as follows: (1) the Software License Agreement;
(2) the Request for Proposal; (3) the Company's response to the Request for Proposal.
C. Amendment. This Agreement may not be modified, altered or amended except
by written instrument duly executed by both parties, except that address for notice may
be changed as provided in section 13.
d. Waiver. The waiver or failure of either party to exercise in any respect any
right provided for in this Agreement shall not be deemed a waiver of any further right
under this Agreement.
e. Severability. If any provision of this Agreement is invalid, illegal or
unenforceable under any applicable statute, court decision or rule of law, it is to that
extent to be deemed omitted. The remainder of the Agreement shall be valid and
enforceable to the maximum extent possible.
f. Survival. All provisions of this agreement that by their nature would
reasonably be expected to continue after the termination of this Agreement will survive
the termination of this Agreement.
g. Governing Law. This Agreement and performance hereunder shall be
governed by the laws of the State of Colorado. Venue for any cause of action arising
hereunder shall be in Larimer County, Colorado.
h. Read and Understood. Each party acknowledges that it has read and
understands this Agreement and agrees to be bound by its terms.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
THE CITY OF FORT COLLINS, COLORADO
Bv:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:
[Insert Corporation's name] or
[Insert Partnership name] or
[Insert individual's name]
Doing business as _[insert name of business]
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
ATTEST: (Corporate Seal)
CORPORATE SECRETARY
EXHIBIT "A"
Statement of Work
Implementation and Payment Schedule
EXHIBIT "C"
Pricing Quotation
EXHIBIT "D"
Software Maintenance Agreement
2.
SOFTWARE MAINTENANCE AGREEMENT
This Software Maintenance Agreement ("Agreement") is entered into between the CITY
OF FORT COLLINS, COLORADO, a municipal corporation , hereinafter "City" and _
, hereinafter "Company", and shall be effective on the date signed
by the City.
Scope of Agreement.
a. General. Company agrees to provide City standard maintenance, on -site
support, and training services for the computer programs and user manuals listed below
(collectively "Software") and regular upgrades including enhancements and user
manuals.
b. Software. This agreement covers the software described in Exhibit "A" of the
Software License Agreement between the City of Irving, Texas and Company dated
Company shall provide updates to the software as required in order that the software
reflect current federal and state laws or requirements of the federal or state government
or federal or state regulatory agencies.
C. User Manuals. When this agreement refers to "User Manuals," it shall
include any user manuals which are designed for the software and any user manuals
listed in Exhibit "A" and all manuals provided to users for the software listed above. At
least three (3) user manuals shall be provided in paper format and one (1) in CD format.
The user manuals shall be updated with each new release of the software and shall be
update at least annually.
Term
This Agreement shall be effective for one year from the effective date, and may be shall
automatically renew for up to four additional one year periods unless sooner terminated
as provided herein. Such renewals shall be subject to sufficient funds being
appropriated annually by the Fort Collins City Council, which appropriations are in the
Council's sole discretion.
3. Standard Maintenance Services
Scope of Services. During the term of this Agreement, Company will provide City the
following Standard Maintenance Services for the Software:
a. Corrections of substantial defect;
operate as described in the user
City's Specifications, set forth
Agreement.
in the Software so that the Software will
manuals listed above, as modified by the
in Exhibit "A" of the Software License
b. Periodic updates of the Software that may incorporate (A) corrections of any
substantial defects; (B) fixes of any bugs; (C) enhancements to the Software;
and (D) upgrades to user manuals as sets out above.
c. Telephone support, including dial -up support, between the hours of 7:00 a.m.
to 7:00 p.m. Central Time, Monday through Friday, excluding City of Fort
Collins holidays, to assist City in using the Software.
d. In the event of emergencies, or systems failures caused by Company's
software upgrades which occur outside of the designated support hours
established by Section 3(c), telephone support, including dial -up support,
twenty-four (24) hours per day, seven (7) days per week for the term of the
Agreement.
e. Maintenance at Company's office of a test version, including a test database,
for the most recent version of City's Software.
4. On -Site Support
Company, upon receipt of a written request from City, will provide City On -Site Support
at a mutually agreed time. City agrees to pay Company's costs associated with the
provision of on -site support, including charges for (i) Company's personnel; (ii) charges for
travel, lodging and miscellaneous expenses (if personnel must travel more than 75 miles) in
accordance with City guidelines for travel expenses; and (iii) applicable taxes.
5. Training
Upon receipt of a written request from City, Company will provide Training at a mutually
agreed time at the offices of City, unless City agrees to receive the Training elsewhere. City
agrees to pay Company all costs associated with this Training in accordance with costs
reflected in Exhibit "C", Pricing Quotation, including (i) charges for Company's personnel,
which may include a surcharge for training conducted at City's location; (ii) charges for
travel, lodging and miscellaneous (if personnel must travel more than 75 miles) in
accordance with City guidelines for travel expenses; and (iii) applicable taxes. .
6. Maintenance Fee
a. Warranty Period. Company will not charge City any Maintenance Fee for the
Warranty Period, as defined in City's Software License Agreement for the Software.
b. Amount of Fee. City agrees to pay Company an annual Maintenance Fee,
the amount set forth in Exhibit "C", Pricing Quotation for Standard Maintenance Services
provided by Company pursuant to this Agreement. The amount charged for these
services shall not increase by more than five (5) percent from one year to the next, in the
event of renewal.
Payment Terms
City agrees to pay Company by thirty (30) days after receipt by City of invoices for
agreed upon fees.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have
a financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision -
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
J me B. O'Neill ll, CPPO, FNIGP
i ec or of Purchasing & Risk Management
where renewal is a way of life.
8. Obligations Of City
a. City Contact. City shall notify Company of City's designated City Contact. To
the maximum extent practicable, City's communications with Company will be through
the City Contact.
b. Installation. City agrees to install all corrections of substantial defects, minor
bug fixes and updates, including any enhancements, for the Software in accordance with
the instructions and in order of receipt from Company.
C. Facility and Personnel Access. City agrees to grant Company reasonable
access to City's facilities and personnel concerned with the operation of the Software to
enable Company to provide services.
d. No Modification of Software. City agrees not to modify, enhance or otherwise
alter the Software, unless and only to the extent such modification, enhancement or
other alteration is specifically authorized in the user manuals identified in this Agreement
or through the consent of Company.
e. Error Documentation. Upon detection of any error in the Software, City,
as requested by Company, agrees to provide Company a listing of output and any other
data, including databases and backup systems, that Company reasonably may request
in order to reproduce operating conditions similar to those present when the error
occurred.
9. Termination
City shall have the right to terminate this Agreement at any time upon giving thirty (30)
days notice to Company. Upon termination, City shall be entitled to a pro rata refund.
Company shall have the right to terminate this Agreement and all services provided
pursuant to this Agreement (i) upon termination of City's Software License Agreement by
either party for any reason; and (ii) if City violates any provision of this Agreement and
City fails to cure such violation within fifteen (15) days after receipt of written notice from
Company.
10. Indemnification
Company shall indemnify and hold harmless City, its officers, agents and employees against
and from any all actions, suits, claims, demands or liability of any character whatsoever
arising out of, resulting from, or occurring in connection with the performance of any services
hereunder.
11. Insurance
Company agrees to maintain workers' compensation and employer's liability insurance
at the statutory limits. Company will also maintain a commercial general liability policy in
the amount of $500,000.00 per occurrence; $1,000,000.00 aggregate' $1,000,000.00
products and completed operations aggregate
12. Source Code
The uninterrupted availability of the Software is critical to City in the operation of its
business. Company agrees to provide the source code to the Information Services Director
of City.
13. Force Majeure
Neither party shall be in default or otherwise liable for any delay in or failure of its
performance under this Agreement if such delay or failure arises due to any act of God, any
acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots,
failures or delay in transportation or communications; provided, however, that lack of funds
shall not be deemed to be a reason beyond a party's reasonable control. The parties will
promptly inform and consult with each other as to any of the above causes, which in their
judgment may or could be the cause of a delay in the performance of this Agreement.
14. Default
Each and every term and condition hereof shall be deemed to be a material element of this
Agreement. In the event either party should fail or refuse to perform according to the terms
of this agreement, such party may be declared in default thereof.
15. Remedies
In the event a party has been declared in default, such defaulting party shall be allowed a
period of ten (10) days within which to cure said default. In the event the default remains
uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c)
avail himself of any other remedy at law or equity. If the non -defaulting party commences
legal or equitable actions against the defaulting party, the defaulting party shall be liable to
the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs
incurred because of the default.
16. Notices
All notices under this Agreement shall be effective when mailed, postage prepaid and sent
to the following addresses:
Company:
City:
Copy to:
City of Fort Collins
Attn: Purchasing
P.O. Box 580
Fort Collins, CO 80522
17. General Provisions.
a. Complete Agreement. This Agreement, its attachments, the City's Request for
Proposal and the Company's Response to the Request for Proposal are the complete
and exclusive statement of the agreement between the parties, which supersedes and
merges all prior proposals, understandings and all other agreements, oral or written,
between the parties relating to this Agreement.
b. Order of Precedence. In the event of any conflict or inconsistency among
documents related to this Agreement, said conflict or inconsistency shall be resolved by
giving precedence to the later dated document. Unless otherwise agreed to by both
parties, document precedence shall be as follows: (1) the Software License Agreement;
(2) the Request for Proposal; (3) the Company's response to the Request for Proposal.
C. Amendment. This Agreement may not be modified, altered or amended except
by written instrument duly executed by both parties, except that address for notice may
be changed as provided in section 13.
d. Waiver. The waiver or failure of either party to exercise in any respect any
right provided for in this Agreement shall not be deemed a waiver of any further right
under this Agreement.
e. Severability. If any provision of this Agreement is invalid, illegal or
unenforceable under any applicable statute, court decision or rule of law, it is to that
extent to be deemed omitted. The remainder of the Agreement shall be valid and
enforceable to the maximum extent possible.
f. Survival. All provisions of this agreement that by their nature would
reasonably be expected to continue after the termination of this Agreement will survive
the termination of this Agreement.
g. Governing Law. This Agreement and performance hereunder shall be
governed by the laws of the State of Colorado. Venue for any cause of action arising
hereunder shall be in Larimer County, Colorado.
h. Read and Understood. Each party acknowledges that it has read and
understands this Agreement and agrees to be bound by its terms.
THE CITY OF FORT COLLINS. COLORADO
Bv:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
[Insert Corporation's name] or
[Insert Partnership name] or
[Insert individual's name]
Doing business as [insert name of business]
By:
SKIMUKUMITAN
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST:
CORPORATE SECRETARY
(Corporate Seal)
City of Fort Collins
Request for Proposal
P1104 Online Services
Executive Summary
Fort Collins Utilities is seeking proposals offering a suite of online services that will allow our
customers the ability to manage their utility accounts and bills electronically. These online
services would use industry best practices to give customers secure access to their utility
accounts 24 hours per day, seven days per week. Optimally, it would offer customers an easy -
to -use, convenient method to update their utility account information, view their bills and usage,
and pay their bills electronically. Our goal is to offer e-services that meet customer expectations
in the marketplace and reinforce Fort Collins Utilities as an innovative, efficient, easy -to -work
with organization that focuses on the Utilities -related needs of the citizens and businesses in our
community.
Background Information
Fort Collins, Colorado is a community of approximately 150,000 highly educated and involved
residents located about 60 miles north of Denver. Fort Collins Utilities is a municipal utility that
provides electric, water, wastewater and stormwater services to the community. This includes:
• 55,000 residential electric customers;
• 31,000 residential water customers;
• 32,000 residential wastewater customers;
• 33,000 residential stormwater customers;
• 7,000 commercial electric customers;
• 2,100 commercial water customers;
• 2,000 commercial wastewater customers; and
• 8,000 commercial stormwater customers.
Recent market and benchmarking research revealed a significant gap in the online services
provided by Fort Collins Utilities, including the lack of electronic account access and bill
payment tools.
Expected Results
Utilities will accept proposals for a variety of solutions, including:
A hosted bill payment and presentment solution that functions seamlessly with the
Utilities' internal systems, as applicable, including customer information system, Web
site and information technology systems.
• Custom Web functionality developed to run on the City of Fort Collins Web site.
A completely hosted solution in which customer data would be batch transferred both
directions between the vendor and the Utilities on a regular basis.
2/9/00
City/Utilities Systems include:
• Fort Collins Utilities' customer information system is the Ventyx CIS product, running
on Oracle 10g and HPUX, version 11.11. The CIS produces .xml billing data for bill
presentment and bill images. It also contains customer preferences for mailing
addresses, elections regarding paper/email options, options to provide email
notifications, etc.
• The City is expected to implement an ADS LDAP server.
• The Utilities' web address is www.fcgov.com/utilities. The design and branding of the
site must be maintained in online services. The City standards are PHP and DotNet.
• Web applications must consist of standards -compliant pages, using templates
provided by the City.
• Proposals should address how/if Tele-Works functionality may be incorporated into
the overall online services plan.
• The City's existing payment processing vendor is PPI.
• Solutions must be Payment Card Industry (PCI) compliant.
Deliverables
1. Proposals should describe in detail how vendor would accomplish the following:
Functionality:
• Secure Web account creation, authentication and verification; authentication will
require at minimum: customer name, address and account number.
• Utility account management, minimally including ability to change customer name,
phone numbers, mailing address, e-mail address and property owner options upon
tenant delinquency.
• Electronic bill presentment, including utility bill history.
• Utility bill payment options, including ability of customer to select payment date and
type (minimally electronic funds transfer and credit card), as well as one-time or
recurring payments.
• A system for customers to access online newsletters and other promotional
information.
• Presentation of utility usage information, including display capability (e.g. graphical,
length of time, etc.)
• Information for customers about other payment options, including payment by phone
via Utilities IVR.
• Method for consolidating multiple accounts for a single customer for review or
payment.
• Method for allowing third -party access to utility accounts (by parent, landlord, etc.)
Performance:
• System reliability/up-time statistics and other data backup and security strategies,
including examples of vendor's standard service level agreement.
Maintenance expectations and schedules, including notification to customers when
online services are unavailable due to server maintenance or other issues. Include
examples of vendor's standard maintenance contract.
• Method for transferring data securely to/from Utilities.
• Demonstration of performance metrics and ability to achieve 24X7 service.
2/9/00
• Accessibility of customer account and payment information by Utilities staff. While
real-time is preferable, all options will be evaluated.
• Description of service to be used for secure payment processing in the event the
City's PPI payment processing system is not used.
• Method for reconciling invalid transactions (e.g. credit card denial, cancellation, etc.)
• Method of communicating with Utilities about customer payment preferences.
• Provision of reports to Utilities about customer payment preferences.
• Method and cost(s) for enhancement requests or customization.
• Method and time -frame for data and service recovery.
• Examples of vendor's formalized online services agreements and security
statements to be agreed upon by the customer.
2. Proposals should include a schedule for implementing online services, including project
phases, if recommended.
3. Proposals could include recommendations for handling customers' future online needs
and wants.
Questions
Qualified consultants should submit concise written questions about the work described in the
RFP on or before February 25, 2008. Responses will be provided in writing on or before March
3, 2008.
Submittal
Qualified consultants interested in the work described in the RFP should submit a minimum of
the following information to the City:
• Statement of understanding of the Utilities' situation, needs and objectives
• Proposed consulting and research approach
• Proposed scope of services
• Proposed consulting team
• Proposed schedule of activities
• Service rate schedule (hourly rates applicable to consulting team members)
• Proposed range of project cost; breakdown of costs/cost ranges for each deliverable;
• Total system cost (over five-year period), including short- and long-termcosts
• Firm qualifications including reference projects and contacts, consultant's resume
Timeline (approximate)
Request for Proposal Schedule:
Request for proposal distributed:
Questions Due to the City of Fort Collins:
Responses Due to Vendors:
Written Proposal Due:
Notification of Highest Ranked Firms:
Interviews:
February 14, 2008
February 25, 2008
March 3, 2008
March 24, 2008 (3:00 p.m.)
March 31, 2008
April 7, 2008
2/9/00
Review and Assessment
Professional firms will be evaluated on the following criteria. These criteria will be the basis for
review of the written proposals and interview session.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and
5 being an outstanding rating.
WEIGHTING
FACTOR
QUALIFICATION
STANDARD
Does the proposal show an understanding of the project
2.0
Scope of Proposal
objective, methodology to be used and results that are
desired from theproject?
Do the persons who will be working on the project have
2.0
Assigned Personnel
the necessary skills? Are sufficient people of the
requisite skills assigned to the project?
Does the speed of implementation compare favorably?
1.0
Availability
Can the work be completed in the necessary time? Can
the target start and completion dates be met? Are other
qualified personnel available to assist in meeting the
project schedule if required? Is the project team
available to attend meetings as required by the Scope of
Work?
Is the firm interested and are they capable of doing the
1.0
Motivation
work in the required time frame?
How does the total system cost over a five-year period
2.0
Cost and
compare? How do both short- and long-term costs
Work Hours
compare? Do the proposed cost and work hours
compare favorably? Are the work hours presented
reasonable for the effort required in each project task or
phase?
Does the firm have the support capabilities the assigned
2.0
Firm Capability
personnel require? Has the firm done previous projects
of this type and scope?
2/9/00
Reference evaluation (Top Ranked Firm)
The project Manager will check references using the following criteria. The evaluation rankings
will be labeled Satisfactory/Unsatisfactory.
QUALIFICATION
STANDARD
Overall Performance
Would you hire this Professional again? Did
they show the skills required by this project?
Timetable
Was the original Scope of Work completed
within the specified time? Were interim
deadlines met in a timely manner?
Completeness
Was the Professional responsive to client
needs; did the Professional anticipate
problems? Were problems solved quickly and
effectively?
Budget
Was the original Scope of Work completed
within the project budget?
Job Knowledge
a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction
contract, was the project functional upon
completion and did it operate properly?
Were problems corrected quickly and
effectively?
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , [insert either a corporation, a partnership or an
individual,doing business as , hereinafter referred to as 'Professional".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of ( ) pages,
and incorporated herein by this reference.
2. The Work Schedule. [Optional] The services to be performed pursuant to this
Agreement shall be performed in accordance with the Work Schedule attached hereto as
Exhibit "B", consisting of ( ) pages, and incorporated herein by this reference.
3. Contract Period. This Agreement shall commence 200 and shall
continue in full force and effect until 200 , unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for additional
one year periods not to exceed four (4) additional one year periods. Renewals and pricing
changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley
CPIU published by the Colorado State Planning and Budget Office will be used as a guide. .
Written notice of renewal shall be provided to the Service Provider and mailed no later than
ninety (90) days prior to contract end.
4. Early Termination by City. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to