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HomeMy WebLinkAbout492142 GREEN PURCHASING INSTITUTE - CONTRACT - RFP - 7239 GREEN PURCHASING REVIEWPROFESSIONAL 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 Green Purchasing Institute, 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: Sco eo of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of eighteen (18) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence August 1, 2011, and shall continue in full force and effect until December 31, 2012, 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 Professional and mailed no later than ninety (90) days prior to contract and. 3. Ead(Lmination by Cit. 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 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: Professional Services Agreement 7239 Green Purchasing Study Page 1 of 13 3. Draft Report Including Recommendation for Process Improvements GPI would present a draft report that would include recommendations relating to policy/administrative guideline improvements, suggestions for improving the City's green purchasing program design and communication as well as ways to improve tracking and reporting of the environmental and economic impacts of its EPP activities. The recommendations are likely to fall under the following categories, which are based on GPI/RPN's "10 Steps to Starting a Sustainable Purchasing Program," which includes, but is not limited to: 1. Assembling a Sustainable Purchasing Team 2. Establishing an effective process for working together 3. Defining the scope of your sustainable purchasing initiative(s) 4. Prionfizing contracts to change or other EPP activities 5. Researching environmentally preferable alternatives, including pilot testing 6. Revising bid specifications and bid evaluation criteria 7. Evaluating bids 8. Advertising the availability of sustainable products on new Contracts 9. Getting feedback from end -users (and addressing any problems that arise) 10. Tracking and publicizing successes All recommendations will be based on information gathered through previous steps. 4. Draft List of Top 25 Most Common EPP Products The Green Purchasing Institute currently has a list with more than 25 Common EPP products that would be narrowed down based on the City of Fort Collins' current usage data, sustainability goals and implementation opportunities 5. Present Draft Report and EPP List to Fort Collins Stakeholders GPI proposed to present the results of its interviews and research, its recommendations for process improvements, and its draft list of environmentally preferable goals and services to a group of stakeholders selected by the City. In this meeting, the stakeholders would participate in an interactive exercise designed to help the City prioritize its EPP efforts over the next two years. S. Present Final Report GPI would incorporate Fort Collins' staff Comments into the Final Report, which will include process recommendations as well as an EPP list and proposed work plan that are prioritized based on Fort Collins' sustainability goals, EPP opportunities (such as upcoming bid solicitations) and input from City stakeholders. Professional Services Agreement 7239 Green Purchasing Study Page 10 of 13 Project Tlmellne and Budget The Intent of this proposed project is to evaluate the City of Fort Collins' Green Purchasing Policy, processes and results, compare with best practices, and recommend improvements. In addition, GPI will compile a list of common EPP products purchased and will submit a final report that outlines findings and key recommendations. Based on the information provided in the Green Purchasing Review Scope of Work, the time line will begin July 01, 2011 and run until October 2011. Proposed Activities and Deliverables Estimated Cost Dates of Work 1) Kick -oft meetings with City Manager, Buyers, and $2,500 August 2011 other key stakeholders in the City. 2a) Evaluation of City's Green Purchasing Policy $1,000 August - September 2011 21b) Evaluation of City's Green Purchasing Processes $3,500 August - (including interviews with City staff and review of September 2011 specifications and contracts) 2c) Evaluation of Green Purchasing Program Results $4,000 August - (including assessment of last years purchases of key September 2011 products such as copy papers, electronic equipment, cleaning supplies, etc.) 2) Comparison of the City's policies, processes and $3,000 September - program results to best practices in the green October 2011 purchasing arena (i.e., benchmarking) 4a) Draft report evaluating environmentally preferable $5,000 October 2011 purchasing and recommending improvements 4b) Draft List of Top 25 Most Common Environmentally $500 October 2011 Preferable Products (EPPs) 5) Present Draft Report and EPP List to Fort Collins $1,500 November 2011 Stakeholders and Conduct In -Person EPP Prioritization Exercise 6) Incorporate Fort Collins Staff Comments into Final $2,000 November 2011 Report, Including Recommendations and EPP List Prioritized Based on Fort Collins' Sustainability Goals and Opportunities TOTAL COST OF PROJECT $23,000 Professional Services Agreement 7239 Green Purchasing Study Page 11 of 13 Hourly Rates and Availability Name Title Hourly Rate Estimated Time Available for Project (in Time (if hours) needed Alicia Culver Project Manager/ $100 60 20% Senior Research Associate Susan Kinsella Senior Research $100 16 5% Associate Ellen Love Research Associate $80 85 27.5% Phillip Kobemick Research Associate $60 65 20% Christina Hug Marketing and Design $60 45 20% Mena er This timeline of this project coincides well with GPI's general availability as a number of current projects are scheduled to be completed by the end of the current fiscal year (June 30). GPI staff will be flexible between July and October 2011 and are confident they will be able to meet all project goals on time. If needed, GPI staff are available to spend more time on this project should the City's needs change and the scope of the work be redefined. Key Deliverables • Two in -person trainings o A "Kick-ofr Interactive Sustainable Purchasing 101 Workshop o A final meeting to outline recommendations and interactive EPP Prioritization Exercise • Prioritized List of 25 EPP Products • Draft and Final reports on green purchasing policy and process recommendations, including an analysis of Fort Collins' policies, processes and results, and comparison with other jurisdictions in the green purchasing arena Professional Services Agreement 7239 Green Purchasing Study Page 12 of 13 EXHIBIT C CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the *City") pursuant to this Agreement (the "Agreement'), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as *information') that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City , or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Professional shall not disclose any such information to any person not having a legitimate need -to - know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third parry, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hersinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City's remedies at law for a breach of the Professional's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. Professional Services Agreement 7239 Green Purchasing Study Page 13 of 13 .toad CERTIFICATE OF LIABILITY INSURANCE 27/z'� m 138U® A8 A IMAT I M OF OIFOrWAnON ONLY AND CMWM NO PWNT8 UPON THE CERTUFl M 1W1OER. 11U3 POL f IN* CERT*XAM OR 11E nV6LY A(EO, EI(tENO OR AL1 T1/E CWEIUOE AFPOROm BY THE cmnRCATE DO® Nor AFFW W1Tivmv DOES NOT CONSTITUTE A CONTRACT DE7WFDI THE MU118G 0 5), AUTHOMMV BELOW. TL03 CEROFIC n OF WSURANCE REPRESEMATriEORPRODYCER, AND THE CERIFICATE HOLDER. a ■ GUBROOAIidI 6 WMI®. em3eet m INPORTAM: 8 UN o1NRotle hOryf ben AOTnjIDNAi IMAII1®. VA fwucrlMq vllmf mM0e886. o. U68 c*rtre dm .01 wldW d" mule BI. fwr.e end talmlWm a/ me poSOr, catahl fo6oi� wr n10Wn en WNI.MWmNL A efMmm eertllleete Iwmer m era ErNI Anita c..a H A Hay. Inellrartm CA Limflaa/0094750 .mitalaallga-aoa 232 Rcoad.ay ems o0eRN0e wler Kiahamd G 96804 ga111E.A CNA ln.ur.VC- fiemini Ivauranoa CO INm� ,TvlroBlxa; Ctaan PUrahaain0 I».tdtata ue: 1201 martin I.ntber HiaO Jr. Nay .e: xeu e: Oakland CA 94612 COVER11GES CERT QRG RUINISI .CL091270106/ REVISKM HUAM3E(h 165UEO lO THE IN6URIJl LAVED ASOVE fOR THE POLCY PERIOD TH9 IS 10 Cf9t1ffY OIAT TIE POLICES OF INSURANCE 11tiTED BELOW fNVE SEEN OR Cgpf10N OF AMY CONTRAITT OR OTHER UOCOe1E1(T WTH RESPECT TO WECN iNl9 INCICAIED ND1WnISTNQNG AMY REOURF)•H/T. TERN MIS SUBIEC7 TO ALL THE TFAYS. " THE OOpWOEO�Y PAm C TlO nUUUSIM ID CY>14TIO D OF SOON POL Tl1.TS StR MAY REDUCE .Y OIAWS' nle Oflmm6.0e mn f 2, 000, 000 owl LafMT PO<LTINFILE t 300, 000 ©0000. 012386413 /12/200e /12/2010 '� ��� f 10.00 I'eP10M6l tAweD1.RY f 2, 000,000 A a.wF•..' f l 000000 Lyy„�yRAfE f 4,000,000 r.0oucn.carwiao cRnrcuEUTclaN rrrlEsrEN f r°IiOY Iwo- Itt 1 000 Bo /1yf..Op.tYe0.nT .DRY WNNY nrMWI f 6 LVNWMPe. l f A ,4~i plEp BCNEmOE. 013596113 14/xo08 /12/1010 t Wrtos N a r { MII®LARDS M 03 F1rMOCCYPIDHCE e YWNADW OCaR A2fRMtE S QCILIW q/NEU/.R e t IT L D t A.DAID NrVW/.n0�1 m.lOSNYe ImeAlrt V/N EL fib1A®11n EL .mAV FA t �7 .1f1T6❑ .I• FL 0m1 ¢.f4Ll LLR f °'o"""' 1a.e rre. rrr,oW. 31, Doo.000 /11/1W1 /12/1ot0 B Pm[aeional Li.hiuty 01221 31, 000, 00 rmrtN. CrECArI.UI OfPEMMmf11IX' rIWpIWiTLO WRL1fC.01H.6tlWrIlYYbemr?rLeMRWrb,�e��r1 city of Fort Collin. F.O. BOX 580 Fort Collin., CO 80522 3HOm0/1N'/0710/IBWEDEOCI00lDNDIIGS RN o6AT:RlD N NE E.PN VVT M ILL BE nmICOP, ALtiOIm.M(i r.M {10t racy rweocHs. fNt ACfiR11 ...�..M bm as IwbY�d merit<ol ACORD Pro es : Green Purchasing Institute FCoins Attn: Alicia Culver TAttn:01;�8'Ni'l el 1201 Martin Luther King Jr Way Box 580Oakland CA 94612 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. 4. Design Protect 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, and reports, and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnity, 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 negligent 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 N/A. 5. Compensation. 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 Twenty -Three Thousand Dollars ($23,000) as detailed on page 4 of Exhibit A and incorporated herein by this reference. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, Professional Services Agreement 7239 Green Purchasing Study Page 2 of 13 reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 6. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 7. 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. 8. 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. 9. 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. 10. 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 ortechnical 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. it. Default. Each and every term and condition hereof shall be deemed to be a material Professional Services Agreement 7239 Green Purchasing Study Page 3 of 13 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. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (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. 13. Binding 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. 14. 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. 15. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., at. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify 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'e-Verity Program) or the Department Program (the "Department Program), an employment verification program established Professional Services Agreement 7239 Green Purchasing Study Page 4 of 13 pursuant to Section &17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional 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. Professional is prohibited from using the a -Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional 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 Professional shall not terminate the contract with the subcontractor I during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional 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 6-17.5-102 (5), C.R.S. I. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 6-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 16. Special Provisions. Special provisions or conditions relating to the services to be Professional Services Agreement 7239 Green Purchasing Study Page 5 of 13 performed pursuant to this Agreement are set forth in Exhibit "C", consisting of one (1) page, attached hereto and incorporated herein by this reference. Professional Services Agreement 7239 Green Purchasing Study Page 6 of 13 18, THE CITY OF FORT COLLINS, COLORADO (' By: B. O'Neill II, CPPO, FNIGP ire or of Purchasing 8 Risk Management DATE: 4 �1 Green Purchasing Institute By: o1 uQ 69 ire, Title: rQAX.�610`-Y— CORPORATE PRESIDENT OR VICE PRESIDENT Date: Q2/ 4 a W. 0, —V ATTESR (Corporate Seal) Corporate Secretary Professional Services Agreement 7239 Green Purchasing Study Page 7 of 13 EXHIBIT A SCOPE OF WORK GPI's Proposal to Conduct a Green Purchasing Review For the City of Fort Collins Project Approach The Green Purchasing Institute (GPI) is proposing to undertake the following activities to evaluate the City of Fort Collins' environmental purchasing policies, processes, and results and to develop a set of recommendations for advancing sustainable purchasing in the City, including a prioritized list of environmentally preferable products and services (EPP). Is, Evaluation of City of Fort Collins' Environmental Purchasing Policies GPI would analyze the City's current environmental policy and accompanying administative policies relating to the procurement of EPPs, drawing on our experience working with other jurisdictions — particularly those of a similar size. When evaluating the City's environmental and administrative policies we would assess their scope, goals, assignment of staff roles and responsibilities, reporting requirements, and other provisions. We would also evaluate whether the City's policies are realistic, holistic, and based on certifications and standards that would enable staff to easily identify EPPs and procure them at a competitive price. 1b. Evaluation of City of Fort Collins' Green Purchasing Processes GPI would kick off its assessment of the City of Fort Collins' green purchasing processes by facilitating discussions key personnel involved in the City's green purchasing program about the successes and challenges to green purchasing in the City. The purpose of these discussions — as well as follow-up interviews with key staff —would be to get first-hand insight from City staff about how the City's green purchasing program operates in practice and to learn about what is going well, what barriers have been faced, and what staff suggestions are for improvement. GPI would also review recently issued specifications and other bid solicitation documents, bid evaluation procedures, and contract requirements. Current procurement processes, which have been established since the City's environmental policy was adopted in 2009, would be assessed through interviews with designated purchasing department staff and other key personnel (such as Green Team members, if available) to gauge how the current processes are functioning. Some of the questions we are likely to ask City staff include: • Does the City specify certified green products? • Does the City engage its end -users in pilot testing EPPs to ensure they will meet their needs and performance requirements? • Does the City use cooperative purchasing agreements to procure EPPs? • Does the City require its vendors to clearly label and report sales of EPPs? • Does the City prioritize and plan its upcoming EPP activities? Professional Services Agreement 7239 Green Purchasing Study Page 8 of 13 Does the City advertise EPPs available on its contracts to City Staff? GPI would also look at how City staff are educated about the green products available on awarded contracts and what training exists to help staff gain knowledge about and identify green products when utilizing current City contracts and other decentralized purchasing mechanisms, such as purchase orders and e-procurement systems. We would assess the vehicles for communication and outreach (website, trainings by staff or vendors, fact sheets) and make recommendations about how they can be streamlined or improved. to. Evaluation of the City of Fort Collins' Green Purchasing Results The effectiveness of the City's green purchasing program will be based on the number of contracts that have been changed to offer environmentally preferable products at a relatively competitive price and the extent to which green products and services are actually being utilized by City staff. The GPI Team will look at contracts that have been established after the implementation of the current environmental policy (October 2009) to evaluate the extent to which City staff are actually purchasing green products from existing approved vendors. We would accomplish this by working with the City procurement staff and several approved vendors (of selected high - volume products) to collect and analyze recent usage data to gain insights about the types and quantities what items are currently being purchased. This would be followed up by interviews with key end -using departments to get a better understanding about the barriers to utilizing specific green products, including, but not limited to the price, performance and lack of information about the availability of green products on City contracts or from other city -approved vendors. 2. Comparison of the City of Fort Collins' Policies, Processes, and Results to Best Practices In the Green Purchasing Arena GPI will conduct an in-depth review of how the City's green purchasing policies, processes and results compare to jurisdictions of a similar size and scope as well as to overall best practices by municipal green procurement leaders in the green procurement movement such as the cities of Portland, and San Francisco as well as King and Multnomah Counties. The City's policies and practices will be compared with other municipalities based on the scope and strength of its policy language, the effectiveness of its procurement processes to negotiate contracts for environmentally preferable products (e.g., establishing an EPP Team with designated roles, responsibilities and communication processes; adding green products to corelmarket basket lists and giving preferences in the bid evaluation process to vendors that offer green products and services or that have improved the environmental profile of their operations). In addition, the City's process for communicating its sustainable procurement goals to potential vendors, its effectiveness at educating staff about why and how they can purchase green products using City contracts or on their own (for decentralized purchases), and its tracking and reporting methods will be compared. Professional Services Agreement 7239 Green Purchasing Study Page 9 of 13