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HomeMy WebLinkAbout508289 SQUARE I TECHNOLOGIES INC - CONTRACT - RFP - 7344 NATURAL AREAS SOFTWAREPROFESSIONAL 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 Square I Technologies, 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 nine (9) pages, and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "D", consisting of two (2) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence October 1, 2012, and shall continue in full force and effect until June 30, 2013, unless sooner terminated as herein provided. Time is of the essence. 4. Early Termination by CiN. 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 7344 Natural Areas Software Page 1 of 23 Ability to change password Events/Activities • Ability to add a new Site/Place/Program o Ability to categorize a site as County or Natural Areas • Programs listed and collapsible, ability to sort by place, or program • Ability to view activities in a calendar view with Day/Week/Month views • Ability to denote if event is a private event (example: School programs) o Private events will not show on the public calendars • Ability to track participant attendance and notes. • Ability to denote hours for each shift of an activity. o Hours will be posted to the volunteer account after the activity with an email allowing the volunteer to provide feedback and post additional hours for prep, etc. • Ability to denote how many volunteers of each group are required for an event o An equivalent group hierarchy mechanism will be developed that allows administrative users to define how groups are related. For example: a Master Naturalist can fill a Master Naturalist Assistant role but the reverse is not acceptable. • Ability to track and report on activity attendance Scheduling/Post Hours • Ability to view the schedule for a place • Ability to schedule volunteers to activities from Activity or Volunteer view • Ability to Post/Remove additional hours for a volunteer assignment Reporting • Ability to generate reports in PDF. • Ability to pull canned reports with optional parameters. • Initial Reports: o Volunteer Hours- Listing of volunteer hours • Parameters: Date Range, Program, Group by User Group, Volunteer Name, Tagged • Also available to export to MS Excel o Monthly Volunteer Schedule — Listing or Calendar view of assignments by volunteer • Parameters: Date Range, Program, Volunteer Name, Tagged o Volunteer List — Listing of volunteers with address, phone and email contact info • Parameters: Program, Volunteer Name, Tagged • Also available to export to MS Excel o Volunteer Profile Report • Parameter: Volunteer Name, Tagged o Volunteer Name Tags • Parameters: Program, Tagged Professional Services Agreement 7344 Natural Areas Software Page 10 of 23 o Volunteer Mailing Labels • Parameters: Program, Tagged o Program Statistics Report — Listing of programs and their attendance • Parameters: Topic, Site, Date Range, Groups o Program Evaluation Report — Listing of feedback provided by program participants. • Parameters: Date Range, Program, Topic, Area, Volunteer Name • Custom Reporting — during scoping meetings it was determined that a custom ad -hoc reporting engine is not a requirement for the initial scope of the project. This capability may be added in a future phase of development. Email • System emails will be sent to administrators, volunteers, rangers and the public. • Ability to email volunteers easily throughout the application. • Ability to create emails in the application with multiple attachments in a WYSIWYG or plain text editor. • Any outbound email failures will be configured to bounce back to the City Office administrator. Administrative Configuration • Ability to manage users • Ability to manage: o Drop -down lists throughout the application where appropriate o Volunteer Assignment preferences o Reminder/Checklist Items o Program Areas o Sites • Tagged Volunteer Management o Tagging a volunteer allows administrative staff to do the following to the tagged volunteers: • Ability to assign all to an assignment • Ability to Add Service hours to each • Ability to change the status • Ability to Add a Flag • Ability to email all Volunteer Users General • Ability to edit volunteer availability • Ability to view upcoming Assignments • Ability to print volunteer schedule in listing or calendar view • Ability to adjust and post additional hours for an assignment • Ability to view volunteer history and hour summary • Ability to provide feedback on programs/events Professional Services Agreement 7344 Natural Areas Software Page 11 of 23 • Ability to provide report on a site visit • Ability to sign up for an assignment or VRA site visit • Ability to print participant roster Emails • Receive emails as a reminder to post feedback on a VRA site visit • Receive email with details on posted hours after an assignment • Send emails through the application to event participants • Send emails through the application to other volunteers Ranger Users (Larimer County Rangers) General • Ability to view which sites volunteers have signed up to visit • Ability to view reports from site visits Public Users General • Ability to search for events • Ability to sign up for events • Ability to remove event registration or sign up • Ability to fill out volunteer application form • Ability to contact event and program administrators Emails • Receive emails to confirm registration for an event • Receive emails from volunteers and administrators User Training & Documentation To ensure a smooth production launch a brief how-to document will be prepared on how to use the system as well as 2 days of onsite training. This will not be a manual on the system. Mobile Device Capability Mobile development is currently a moving target and requires a plan for the devices on which the City will optimize. Currently the highest market share devices are the Apple iPad, Apple iPhone, and myriad of Android options. All of these come with varying capabilities, screen resolutions and unique requirements. While Professional is not developing the application for a specific mobile device they will use responsive web design, HTML5 and CSS best practices to allow for targeting devices via media queries. The initial iteration of the application will work on many mobile devices but will not be designed for a specific device. The initial scope calls for the following functionality to be a priority on mobile devices: o Rangers • ability to see sites and VRA visit schedule Professional Services Agreement 7344 Natural Areas Software Page 12 of 23 o Public • Ability to search for events • Ability to sign up for events • Ability to remove event registration or sign up • Ability to contact event and program administrators o Volunteer • Ability to view Participant Roster • Ability to post event feedback • Ability to post site report (VRA) • Ability to sign up for an event o Administrative • Volunteer List — quick search directory • Daily Volunteer Schedule by Site or Place Work Plan Services will include the following: • Project Kickoff Meeting a. Introduction of project teams b. Role definitions c. Identify key contact points d. Discussion i. Initiative Goals and Objectives Analysis ii. Systems Analysis and Design (Discovery) iii. Content Inventory & Functional Requirements Conceptual Review and Requirements Analysis a. Professional will work with City staff to ensure the Professional fully understands all of the requirements and will present designs and the functional elements for review and approval. After the design is accepted, prototypes of the primary web pages will be developed to ensure that all content, fields and functionality are present and their usability is addressed. During this stage City staff will have the opportunity to refine requirements as well as address any navigation or process flow issues. Upon acceptance, development of working applications and web pages will begin using the prototypes as the final requirements documentation in conjunction with any supporting written materials or diagrams. b. Define requirements with project and user team to develop and implement a standard user-friendly interface. c. Define set of tools for user interface (MVC/AJAR/HTML5/etc... ). d. Develop and implement regular exception and tracking reports. Professional Services Agreement 7344 Natural Areas Software Page 13 of 23 • Development Professional's development methodology calls for putting discreet units of software in front of the City as soon as possible and at regularly scheduled intervals. Process Steps i. Mockup user interface ii. Mockup review and adjustments iii. Database design iv. Application coding and development v. Alpha Release vi. Iterate over steps i 4 v until functionally complete vii. Adjustments and Systems Testing viii. Beta Release ix. Adjustments and Testing x. Production Release • Project Management a. Professional will establish regular project management meetings and throughout the project will meet and deliver project status reports. b. Project management includes the following activities: Project meetings with the City and Professional's staff, project meetings between Professional's staff members, project reviews, budget planning and review, design reviews, development reviews, after action reviews, project portal configuration and management, 3`d party product evaluation, communications, meeting documentation. • Project Closeout Meeting a. A closeout meeting is held to formally close out the project with the team. b. Identify the roles of responsibility for ongoing maintenance c. Identify future work d. Capture "lessons learned" • On -going Maintenance and Support a. See Exhibit E — Software Support Cutover Strategy / Data Conversion When transitioning from a set of legacy systems to a new comprehensive replacement the primary goals are to mitigate risk and simplify the process down to the smallest set of variables while still accomplishing the task of seamlessly moving to the new system. Through our project scoping meetings the Professional and City have mutually decided on a 'go live' schedule where the current systems are at their lowest rate of activity and use. This allows us to convert the fewest number of entities/records and the ability to'go live' during a relatively slow period for the organization. Professional Services Agreement 7344 Natural Areas Software Page 14 of 23 Data Conversion Strategy Source Entities Conversion Strategy System .Volgistics __ V_olunteers_ Volu_nteer Profile_ _ _ __ __ ___ Volgistics Volunteer Activity Convert detail to a single total number of hours per (Hours)_____ volunteer Volgistics _ ____ Volgistics _EventsorPrograms Checklists _None None ( RecT_rack Public Signups None VRA VRA Volunteers Volunteer Profile Database Cutover Strategy On or around the 'go live' date the Professional and the City will designate a period where the current system will come down and the new system will be released to production. Professional estimates a one day or perhaps one weekend period where users will be directed to a page informing the system is 'Under Maintenance'. The following plan defines the required cutover activities. # Activity Responsible Other 1 _- Set,current systems to 'Under City Stop all transactional.use of,V,olgistics- l L Maintenance' status 2 _ City IT Disable any signups for RecTrack. 3 City IT Disable any activity in the VRA- ___database. 4 Modify links within the City IT Point to old pages current natural areas website (hftl)s:Hsecure.fcgov.com/webtrac/) to new pages (domain not yet defined_) 5 . Provide data for conversion _ City IT __ Volgistics files.in CSV Format ,' -Volunteer Profile; VolunteecActivty= ;1 MS Access Database 6 Convert data into new system Professional —_ - _ --- 7 . Deploy new application to Professional ___ production 8 Deploy any changed City IT From item #4 above fcgov.com pages to production `City IT = City of Fort Collins Information Technology staff Quality Assurance and Testing During the development process, Professional will post the application to a test domain, database server, and application server. City staff will have the opportunity to test, examine, and evaluate the work product. Following approval, Professional will deliver and work with City staff to deploy to the appropriate production environment. Professional will not be building automated testing as a part of this development. All testing will be done manually. Professional Services Agreement 7344 Natural Areas Software Page 15 of 23 City Deliverables City organization will provide Professional with the following: Content - Complete written content as desired for any content area, page, screen, instruction and/or help text described above. All text should be thoroughly edited for spelling, typographical, and grammatical errors. All content to be provided in electronic format. Discovery - To complete the project on time and within budget Professional will work with City staff to fully understand the final requirement details. City staff will need to be available to devote significant time towards this effort. Testing - Upon completion of the initial design cycle, Professional will post the website to a test domain. City personnel will have the opportunity to test, examine, and proofread the site. Following approval, Professional will post the site to the domain provided for access. Sign offs — City will sign off on the elements as they are completed. Design — Basic layout for each of the pages, navigation, and graphic images to be used throughout the site. Static Content —final proofreading of all static content. Dynamic Content — setup and configuration of options and lists. Functionality — final testing of the application. Technolociv & Software Environment and Tools The primary development toolset will include. • Photoshop, Fireworks • Browser Support — IE8 and up and latest versions of Firefox, Google Chrome, Safari • Development IDE: Visual Studio 2010 • Language: Microsoft .Net C# (c-sharp) • Markup: HTMLS • Architecture: MVC, Entity Framework, and LINQ • Database: Microsoft SQL Server 2008 Hosting Hosting will be provided via the Windows Azure Cloud Platform (http://www.microsoft.com/windowsazure/). This platform is highly secure and scalable. Utilizing this platform requires special development and architectural design considerations. If the hosting platform is changed during the development and design of the project additional costs will be incurred via a Contract Change Order initiated by the City. Professional Services Agreement 7344 Natural Areas Software Page 16 of 23 EXHIBIT B RATES & COSTS The cost is based on the currently defined Exhibit A Scope of Work. If there are significant revisions to the scope of the project the cost will be adjusted via Contract Change Orders to be initiated by the City. Description Cost Systems Analysis & Specification Refinement 6,800 Development & Test Environment Setup 1,700 Design & Navigation 13,600 Database Design, Architecture & Setup 8,500 Application Development _ _ 117,300 Admin User Management Admin Volunteer Management Event Administration Site Visit Setup (VRA) Public Event Search & Signup Volunteer Event Search & Assignment VRA Site Visit Search & Signup Public Event Feedback Volunteer Assignment Feedback & Hours Update/Posting VRA Site Visit Post Results Admin Dashboard Admin Reporting Admin Tagged Volunteers Email Engine & Email Templates Mobile Specific Functionality Admin List Management Ranger Site Visit Result View In Context Help Training Documentation and User Guide School Programs Volunteer Discussion Boards Data Conversion/Cut over _ 10,200 Quality Assurance, Testing, Refinement 10,200 Production/Test_Releases 6,800 Project Management 20,400 Contract Discount (55,500) Total $ 140,000 Professional Services Agreement 7344 Natural Areas Software Page 17 of 23 EXHIBIT C ADDITIONAL TERMS AND CONDITIONS 1) City agrees to pay Professional as follows: a. A payment equal to 20% of the total cost at project initiation. b. A payment equal to 5% of the total cost upon completion of Development Phase 1. c. A payment equal to 5% of the total cost upon completion of Development Phase 2. d. A payment equal to 5% of the total cost upon completion of Development Phase 3. e. A payment equal to 5% of the total cost upon completion of Development Phase 4. f. A payment equal to 10% of the total cost upon completion of Development Phase 5. g. A payment equal to 20% of the total cost upon completion of Development Phase 6 and the successful completion of Alpha Release 1. h. A payment equal to 20% of the total cost upon completion of Development Phase 7 and the successful completion of Alpha Release 2.; and Testing and Refinements. i. A payment equal to 10% of the total cost upon Production Release and City -verified Project Closeout. j. Upon Project Closeout and Final Payment; ownership of all Licenses and Source Codes for the Software become property of the City. 2) ENHANCEMENTS & OTHER SERVICES Enhancements and other services are not included as a part of this agreement. The agreement does however, establish enhancement pricing at $105/hour for one year from the date of the Software Support Agreement. Enhancements and other services include: 1. Adjustments to production application functionality 2. Training 3. Development of new features 4. Development of new reports 5. Design adjustments 6. Data structure modifications 7. Data migration 8. Data conversion 9. Systems analysis 10. Requirements planning 11. Additional documentation 12. Migration to new hardware 13. Migration to new hosting provider 14. Adjustments required to move to new hosting provider Professional Services Agreement 7344 Natural Areas Software Page 18 of 23 EXHIBIT D PROJECT SCHEDULE The timeline is based on the currently defined Exhibit A Scope of Work. If there are significant revisions to the scope of the project the timeline* will be adjusted via Contract Change Orders to be initiated by the City. Milestone Projected Date Contract Signed: September 25, 2012 Systems Analysis, Specification Refinement i Development Phase 1 • Test Environment Configured and Operational Design and Navigational Flow 95% Complete • Database Architecture 95 % Complete Development Phase 2 • Admin User Management • Admin Volunteer Management Development Phase 3 • Event Administration • Site Visit Setup (VRA) Development Phase 4 • Public Event Search & Signup • Volunteer Event Search & Assignment • VRA Site Visit Search & Signup Development Phase 5 • Public Event Feedback • Volunteer Assignment Feedback & Hours Update/Posting • VRA Site Visit Post Results Development Phase 6 • Admin Dashboard • Admin Reporting • Admin Tagged Volunteers • Email Engine & Email Templates Alpha Release 1 Development Phase 7 • Mobile Specific Functionality • Admin List Management • Ranger Site Visit Result View Alpha Release 2 Testing and Refinements October 25 5 weeks November 8 7 weeks November29l 11 weeks December 18 14.5 weeks January 17 18.5 weeks February 14� 22.5 weeks February 19 March 5 25 weeks March 12 Professional Services Agreement 7344 Natural Areas Software Page 19 of 23 Professional: City: With Copy to: Square I Technologies City of Fort Collins City of Fort Collins Attn: David Kent Bejcek, President Attn: Susan Schafer, Attn: Purchasing Dept. 1315 Oakridge Drive, Ste 100 Natural Areas PO Box 580 Fort Collins, CO 80525 PO Box 580 Fort Collins, CO 80522 kent s uarei.com 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 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 NA. 6. 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 One Hundred Forty Thousand Dollars ($140,000.00) which includes reimbursable direct costs in accordance with Exhibit "B" Rates & Costs consisting of one (1) page, and Exhibit "C" Additional Terms and Conditions consisting of one (1) page, attached and incorporated herein by this reference. All such fees and costs shall not exceed One Hundred Forty Thousand Dollars ($140,000.00). Monthly partial payments based upon the Professional's billings and itemized statements are Professional Services Agreement 7344 Natural Areas Software Page 2 of 23 Development Phase 8 March 26 • In Context Help 28 weeks • System Tutorial & Help Documentation • Production Hosting Environment Setup & Testing j Beta Release April 9 Testing and Refinements Production Release May 1, 2013 Professional Services Agreement 7344 Natural Areas Software Page 20 of 23 EXHIBIT E SOFTWARE SUPPORT The following is a Software Support Agreement between the City and Professional. The term 'Software' as used in this agreement means: Natural Areas Software Web Application & Microsoft Azure Hosting. 1.SUPPORT Professional will establish and maintain an organization and process to provide support for the Software to City. Support shall include (i) diagnosis of problems or performance deficiencies of the Software and (ii) a resolution of the problem or performance deficiencies of the Software. Professional will provide telephone software support on a business day basis. Business day is defined as 9:00 AM through 5:00 PM Mountain Standard time, excluding holidays and weekends. Professional will use its best efforts to cure, as described below, reported and reproducible errors in the Software. Professional utilizes the following four (4) severity levels to categorize reported problems: SEVERITY 1 CRITICAL BUSINESS IMPACT The impact of the reported deficiency is such that the City is unable to either use the Software or reasonably continue work using the Software. Professional will commence work on resolving the deficiency within two (2) hours of notification and will engage staff during business hours until an acceptable resolution is achieved. SEVERITY 2 SIGNIFICANT BUSINESS IMPACT Important features of the Software are not working properly and there are no acceptable, alternative solutions. While other areas of the Software are not impacted, the reported deficiency has created a significant, negative impact on the City's productivity or service level. Professional will commence work on resolving the deficiency within four (4) hours of notification and will engage staff during business hours until an acceptable resolution is achieved. SEVERITY 3 SOME BUSINESS IMPACT Important features of the Software are unavailable, but an alternative solution is available or non -essential features of the Software are unavailable with no alternative solution. The City impact is minimal loss of operational functionality. Professional will commence work on resolving the deficiency within two (2) business day of notification and will engage staff during business hours until an acceptable resolution is achieved. SEVERITY 4 MINIMAL BUSINESS IMPACT City submits a Software information request, software enhancement or documentation clarification which has no operational impact. The implementation or use of the Software by the City is continuing and there is no negative impact on productivity. Professional will provide an initial response regarding the request within one (1) business week. This agreement is not intended as a consulting agreement for City services. With respect to severity one (1) reported deficiencies, Professional may, with the concurrence of the City, elect to send senior support or development staff to the City location to accelerate problem resolution. City will be responsible for the costs associated with this escalated problem resolution and agrees to pay reasonable travel and lodging expenses in addition to Professional's standard consulting rates. Travel time will be charged at consulting rates. Professional Services Agreement 7344 Natural Areas Software Page 21 of 23 2. DEVELOPMENT & TEST ENVIRONMENTS During the term of this agreement, Professional will maintain the appropriate development and test environments thereby allowing Professional's engineers to quickly respond to issues, test, troubleshoot, and ramp into project development or enhancements when required. These environments are typically maintained on Professional's hardware. 3. SOFTWARE SUPPORT & MAINTENANCE During the term of this agreement, Professional will provide the City with patches, updates, releases and new versions of the Software along with other generally available technical material. Systems support and maintenance become active after a system has been released to the production environment. All patches, updates, release and new versions shall be subject to any license agreement related to the Software. Support and maintenance include: 1. Patches due to changes to the current operating system. 2. Patches due to changes in the current core development framework (.Net, MVC, Entity Framework, JavaScript). 3. Troubleshooting issues with data in the production application. 4. Troubleshooting issues with bugs in the production application. 5. Monthly performance monitoring and reporting. 6. System configuration. 7. Database administration and maintenance activities (ex. re -build indexes, update statistics, managing archives). 8. Maintaining test and development software support environments. 9. Maintaining and licensing all software required by the application development process. 4. ONGOING MAINTENANCE The City at their option may elect to enter into the Software Support Agreement upon completion of the Project Closeout and Final Payment referred to in Exhibit C Additional Terms and Conditions. One (1) year terms may be initiated upon issue of a City Purchase Order, at the rate of $8,400 per year. 5. HOSTING The City at their option may elect to have Professional host the Natural Areas Software application upon completion of the Project Closeout and Final Payment referred to in Exhibit C Additional Terms and Conditions. One (1) year terms may be initiated upon issue of a City Purchase Order for subsequent years, at the rate of $2,400 per year. Professional Services Agreement 7344 Natural Areas Software Page 22 of 23 EXHIBIT F 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 hereinabove, 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 7344 Natural Areas Software Page 23 of 23 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, 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. 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 City in an 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. Professional Services Agreement 7344 Natural Areas Software Page 3 of 23 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. 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. 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. 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. 16. Law/Severability. The laws of the State of Colorado shall govern the Professional Services Agreement 7344 Natural Areas Software Page 4 of 23 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. Pursuant to Section 8-17.5-101, C.R.S., et. 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-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(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 e-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 Professional Services Agreement 7344 Natural Areas Software Page 5 of 23 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. 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 8-17.5-102 (5), C.R.S. f. If Professional 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, 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. 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "E" — Software Support , consisting of two (2) pages, and Exhibit "F" — Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. Professional Services Agreement 7344 Natural Areas Software Page 6 of 23 THE CITY OF FORT COLLINS, COLORADO By: cxl,-L7 1{ O 0— `�- (V — 'James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management DATE: Tl ,l z� OF FORT, :cn City Clerk l APPROVE AS T FORM: •CO: " •_' n•�/ slant City o • /lz, SQUAREITE HNOLOGIES // By: ,0L Title: E5 64,tn r ffo CORPORATE PRESIDENT OR VICE PRESIDENT Date: 91274261 e7 (Corporate Seal) ;;�j✓.• a Professional Services Agreement 7344 Natural Areas Software Page 7 of 23 EXHIBIT A SCOPE OF WORK Our Major Goals Are: • Develop a comprehensive, user friendly application to meet the needs of the Natural Areas Division. Complete a design that is reliable, scalable, and flexible allowing for future additions and ease of integration with other systems. Use standards based development and widely accepted development techniques. Specification Refinement Professional will work with City staff to ensure Professional fully understands all of the requirements and will present designs and functional elements for you to review. After the design is accepted, prototypes of the primary functionality and web pages will be developed to ensure that all content, fields and functionality are present and their usability is addressed. During this stage the City will have the opportunity to refine the requirements as well as address any navigation or process flow issues. Upon acceptance, development of working applications and web pages will begin using the prototypes as the final requirements documentation in conjunction with any supporting written materials or diagrams. The following is a brief description of each component. User Interface Design The user interface design and site navigation will allow users to find and easily manipulate information for which they have the appropriate rights. Professional continually examines the latest similar best of breed web applications (examples: SalesForce.com, TurboTax.com, eHarmony.com, Facebook.com, etc...) and use time tested industry standards when designing the navigation, look, and feel. Website design has several key considerations: • Consistency across all websites and marketing collateral. • Ease in adding and removing content and navigation. • Utilize Responsive Web Design. • Navigation that is simple and straight forward as possible while complex enough to support the inevitable changes that occur. • Too much information on a single page overwhelms end users; proper use of imagery and white space is critical. Functionality Definition User Groups The new City site will have 4 distinct user groups; Administrative, Volunteers, Rangers, and the Public. Administrative users are City staff members. Volunteers will include City volunteers and volunteer rangers. Users within the Ranger group are Larimer County staff. The Public includes people that want to learn more about volunteering or register for events. Professional Services Agreement 7344 Natural Areas Software Page 8 of 23 General functionality for all users General • Ability to have unlimited users/administrators logged into the application at any point in time. • Easy to use interface with short click paths to accomplish routine tasks. • In -context help throughout the application. My Account • Ability to edit personal information • Ability to change email/password and communication preferences • Ability to retrieve forgotten passwords via email Archiving —VS- Active/Inactive Volunteers The new system will not have a traditional archiving system that is analogous to the current system. Rather, the new system will allow administrative users to set a user as active or inactive. Users will still have a Status (Prospect, Applicant, etc...) as well. Any user that is marked as inactive, that has volunteer activity, will display appropriately on associated reports. Administrative Users General Notes • Ability to manage content viewed by public and volunteers in designated areas within the application. Dashboard • Displays program statistics like the # of active volunteers, Total hours of Service, etc. • Displays clickable email list of volunteers with an upcoming birthday. • Displays reminders about upcoming actionable items o Background Checks, CPR Certification Expiration, etc Volunteer Management • Searchable list of volunteers • Simple search • Advanced search options including (Last Name, First Name, Email, Group, Status, Tagged, Multi -Select) • Search by clickable first initial of last name. • Ability to "Tag" a user for later use o See full description in Administrative Configuration below. • Ability to add a new volunteer Volunteer Profile • Ability to Edit/View Demographics, Emergency Contact, Groups, Service statistics, Email Preferences, Assignment Preferences, Availability, Service History, Upcoming assignments, Reminder/Checklist items, Email communication history • View last volunteer login to the application Professional Services Agreement 7344 Natural Areas Software Page 9 of 23