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HomeMy WebLinkAboutRFP - 7285 IT SUPPORT SERVICES FOR MPOC'}" Financial Services `r o� Purchasing Division 215 N. Mason St. 2 Id Floor Fort Collins 580 Boxort FPC s, CO 80522 Collins, 970.221.6775 Purchasing 970.221.6707 fcgov_coWpurchasing REQUEST FOR PROPOSAL 7285 IT SUPPORT SERVICES FOR MPO The City of Fort Collins on behalf of the North Front Range Metropolitan Planning Organization, hereinafter referred to as "NFRMPO" or "MPO", is soliciting proposals for ongoing IT support services for their office at 419 Canyon Avenue, Suite 300, Fort Collins, CO and server bank held by the City of Fort Collins at 215 N. Mason St., Fort Collins, CO 80521.. Written proposals, five (5) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), October 12, 2011 and referenced as Proposal No. 7285. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions regarding bid submittal or process should be directed to Ed Bonnette, CPM, CPPB, Buyer, at (970) 416-2247 or ebonetteCcDfcgov.com. A copy of the Proposal may be obtained as follows: Download the Proposal/Bid from the BuySpeed Webpage, www.fcqov.com/eprocuremen 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. 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, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management RFP 7285 IT Support Services for MPO Page 1 of 25 PLEASE GO TO www.fcqov.com/eprocurement TO REGISTER IN OUR E-PROCUREMENT SYSTEM FOR FUTURE BID OPPORTUNITIES! BE SURE TO SELECT ALL APPROPRIATE COMMODITY CODES. COMMODITY CODES USED FOR THIS RFP: 920-31 Installation of Computers, Peripherals, and Related Equipment (Including Software) 920-35 Modification of Existing Equipment (Including Cost of Parts) 920-37 Networking Services (Including Installation, Security, and Maintenance ) 920-39 Processing System Services, Data (Not Otherwise Classified) 920-40 Programming Services, Computer 920-64 System Implementation and Engineering Services Section 6.0: Proposal Acceptance All proposals shall remain subject to initial acceptance 90 days after the day of submittal. Vendor Statement: I have read and understand the specifications and requirements for this bid and I agree to comply with such specifications and requirements. I further agree that the method of award is acceptable to my company. I also agree to complete AGREEMENT with the NORTH FRONT RANGE TRANSPORTATION AND AIR QUALITY PLANNING COUNCIL (the "MPO") within 30 days of notice of award. If contract is not completed and signed within 30 days, MPO reserves the right to cancel and award to the next highest rated firm. NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. FIRM NAME: ADDRESS: EMAIL ADDRESS: PHONE: BIDDER'S NAME: SIGNATURE: PRIMARY SERVICES ISSUES CONTACT: TELEPHONE: FAX: EMAIL: CELL: EMERGENCY: BACKUP: RFP 7285 IT Support Services for MPO Page 10 of 25 Award and Contract Process 1. The MPO reserves the right to award directly as a result of the written proposals. The MPO may or may not opt to conduct oral interviews. 2. The selected Contractor shall be expected to sign the MPO's standard Agreement prior to commencing Services (see sample attached to this Proposal). The contract(s) will be awarded for one year with annual reviews and potential one-year extensions up to a maximum five-year period. 3. The MPO reserves the right to negotiate with any vendor as meets the needs of the MPO. The MPO reserves the right to reject any or all proposals, and to waive any irregularities. RFP 7285 IT Support Services for MPO Page 11 of 25 ** SAMPLE ** AGREEMENT BETWEEN THE NORTH FRONT RANGE TRANSPORTATION AND AIR QUAILITY PLANNING COUNCIL AND XXXXXXXXXX. THIS AGREEMENT is made and entered into this _ day of Month, 2011, by and between THE NORTH FRONT RANGE TRANSPORTATION AND AIR QUALITY PLANNING COUNCIL (the "MPO") and XXXXXXXXXXXXX ("Contractor"). 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. Professional shall perform IT type tasks and related work as needed, as described in Request for Proposal, Exhibit A, Scope of Services. The scope of services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work Order, a sample of which is attached hereto as Exhibit B and incorporated herein by this reference. The MPO reserves the right to independently bid any project rather than issuing a Work Order to the Professional for the same pursuant to this Agreement 2. Time. The services to be performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of the essence. Any extensions of any time limit must be agreed upon in writing by the parties hereto. 3. Term. This Agreement shall commence on and shall continue in full force and effect until , unless terminated sooner as herein provided. In addition, at the option of the MPO, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. 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 Professional and mailed no later than ninety (90) days prior to contract end. 4. 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 RFP 7285 IT Support Services for MPO Page 12 of 25 according to the terms of this agreement, such party may be declared in default, and this Agreement may be terminated. 5. Early Termination by MPO. Notwithstanding the time periods contained herein, the MPO may terminate this Agreement at any time for the MPO's convenience or because of the failure of Contractor to fulfill the contract obligations. If the necessary funds are not available to fund this project, the Agreement may be terminated immediately and the Contractor paid for services rendered up to the time of termination. The MPO shall terminate by providing at least fifteen (15) days prior written notice of termination by delivering to Contractor a notice of termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, Contractor shall immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the MPO all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for convenience, the MPO shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of Contractor to fulfill the contract obligations, the MPO may complete the work and Contractor shall be liable for any additional cost incurred by the MPO. If, after termination for failure to fulfill contract obligations, it is determined that Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the MPO. 6. Opportunity to Cure. In the case of a breach or default, the MPO may, in its sole discretion, allow Contractor a period of time in which to cure the defect. In such case, the notice of termination shall state the time period in which cure is permitted and other appropriate conditions. If Contractor fails to remedy to the MPO's satisfaction the breach or default or any of the terms, covenants, or conditions of this Agreement within ten (10) days after receipt by Contractor of written notice from the MPO setting forth the nature of said breach or default, the MPO may terminate the Agreement without any further obligation to Contractor and seek damages, may treat the Agreement as continuing and require specific performance, or may avail itself of any other remedy at law or equity. If the MPO commences legal or equitable actions against Contractor, Contractor shall be liable to the MPO for the MPO's reasonable attorney fees and costs incurred because of the default. Any such termination for default shall not in any way operate to preclude the MPO from also pursuing all available remedies against Contractor and its sureties for said breach or default. 7. Waiver of Remedies for any Breach. If the MPO elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Agreement, such waiver by the MPO shall not limit the MPO's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Agreement. 8. Responsibility. Contractor shall be responsible for the Contractor quality, technical accuracy, timely completion and the coordination of all services rendered by the Contractor, including but not limited to designs, plans, reports, and specifications, and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Contractor shall monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work are being met within the specified time periods, and other performance goals are being achieved. 9. Indemnification. Contractor shall indemnify, hold harmless and defend the MPO and its representatives, officers, employees, agents, and contractors from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or RFP 7285 IT Support Services for MPO Page 13 of 25 judgments, including, without limitation, reasonable attorney fees, arising from or in any way connected with injury to or the death of any person or physical damage to any property resulting from any act, omission, condition, or other matter related to this Agreement: 10. Insurance. Contractor shall maintain commercial general liability insurance in the amount of $500,000 combined single limits, and errors and omissions insurance in the amount of $1,000,000. 11. Compensation. In consideration of the services to be performed pursuant to this Agreement, the MPO agrees to pay Professional on a time and reimbursable direct cost basis designated in Exhibit X, attached hereto and incorporated herein by this reference. At the election of the MPO, each Work Order may contain a maximum fee, which shall be negotiated by the parties hereto for each such Work Order. Monthly invoices are required and shall include a description of services performed, along with number of hours and stated rates per hour. Supporting documentation shall also be submitted for any reimbursable direct costs. The amounts of all such billings shall be based upon the Professional's MPO-verified progress in completing the services to be performed pursuant to the Scope of Services on each Work Order and upon approval of the Professional's direct reimbursable expenses. Final payment shall be made following acceptance of the work by the MPO. 12. Records and Reports. The MPO and Contractor shall maintain all books, records, and other documentation pertaining to the Scope of Services and necessary to completely substantiate all costs incurred and billed to the MPO during the term of this Agreement for a period of three (3) years from the date of final payment under the terms of this Agreement. These records shall be made available for inspection and audit to any state or federal authority authorized to inspect such records and copies thereof shall be furnished at the expense of Contractor, if so requested. 13. Ownership of Work Product. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by Contractor shall become the sole property of the MPO, which shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use and authorize others to use all such materials for authorized government purposes. Other entities that may reproduce, publish, or otherwise use the designs, plans, reports, specifications, drawings, and other services rendered by Contractor include but are not limited to the Colorado Department of Transportation ("CDOT"), the Federal Transportation Administration ("FTA"), and the Federal Highway Administration ("FHWA"). 15. MPO Representative. The MPO shall 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 MPO Representative. 16. Project Documents. Upon conclusion of the project and before final payment, the Contractor shall provide the MPO with reproducible documents of the project containing accurate information on the project as designed. Documents shall be of archival quality, and also available in an electronic format, in an agreed upon format. 17. Monthly Report. Commencing at the end of the calendar month following the date of execution of this Agreement and every calendar month end thereafter, Contractor shall provide the MPO with a written report of the status of the work. Failure to provide any required RFP 7285 IT Support Services for MPO Page 14 of 25 monthly report may, at the option of the MPO, suspend the processing of any partial payment request. 18. Independent Contractor. The services to be performed by Contractor are those of an independent contractor and not of an employee of the MPO. The MPO shall not be responsible for withholding any portion of Contractor's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 19. Agreement format. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words in any gender shall extend to and include all genders. 20. Conflict of Interests and Prohibited Interests. The MPO and Contractor represent that neither has any interests and shall not acquire any interests, directly or indirectly, that would conflict in any manner or degree with the performance and services required to be performed under this Agreement. The MPO and Contractor further represent that no member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. In addition no employee, officer, or agent of the MPO shall participate in selection or in the award or administration of this Agreement if a conflict of interest, real or apparent, would be involved. Such conflict would arise when the employee, officer or agent; any member of his immediate family; his or her partner; or an organization which employs, or is about to employ any of the foregoing, has a financial or other interest in the firm selected for award. The MPO's officers, employees, or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties of subagreements. 21. Debarment and Suspension. The Contractor agrees to comply with applicable provisions of Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," 31 U.S.C.§6101 note, and U.S. DOT regulations, "Nonprocurement Suspension and Debarment," 2C.F.R.1200, which adopt and supplement the provisions of U.S. Office of Management and Budget (U.S. OMB), "Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.R.R. Part 180. To the extent required by these U.S. DOT regulations and U.S. OMB guidance, the Contractor agrees to review the "Excluded Parties Listing System" at http://epls.gov/ and to include a similar term or condition in each lower tier covered transaction, assuring that, to the extent required by the U.S. DOT regulations and U.S. OMB guidance, each third party contractor, and other participant at a lower tier of the Project, will review the" Excluded Parties Listing System" at http://epls.gov/, and will include a similar term or condition in each of its lower tier covered transactions. 22. No Waiver. The MPO's approval work or materials furnished hereunder shall not in any way relieve the Contractor of responsibility for the quality of the work. The MPO'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 MPO under this Agreement. 23. No Government Obligation to Third Parties. The MPO and Contractor acknowledge and agree that, notwithstanding any concurrence by the federal government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the federal government, the federal government is not a party to this Agreement and shall not be subject to any obligations or liabilities to the MPO, Contractor, or any other party (whether or not a parry to this Agreement) pertaining to any matter resulting from this Agreement. RFP 7285 IT Support Services for MPO Page 15 of 25 24. Notices. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Contractor: MPO: With Copy to: Contractor Name THE NFRT & AQPC City of Fort Collins Attn: Contact person Attn: Contact Person Purchasing Address 419 Canyon Avenue PO Box 580 Address Suite 300 Ft Collins, CO 80522 Address Fort Collins, CO 80521 25. Incorporation of FTA Terms. This Agreement includes certain Standard Terms and Conditions required by the federal Department of Transportation ("DOT') and other federal and state authorities, whether or not expressly set forth in this Agreement. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1D, dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any the MPO requests which would cause the MPO to be in violation of the FTA terms and conditions. 26. Grant Assurances and Federal Requirements. This Agreement involves the expenditure of federal funds, which requires the MPO and Contractor at all times during the execution of this Agreement to adhere to and comply with all applicable federal laws and regulations, as they currently exist and may hereafter be amended, which are incorporated herein by this reference as terms and conditions of this Agreement. A non -exhaustive list of federal laws and regulations that may be applicable is included below. By signing this Agreement, Contractor avers that it is his or her responsibility to be aware of the requirements that may be imposed by the following federal laws and regulations, and others not listed, that he or she is aware of any such requirements, and that he or she will comply with all applicable laws and regulations. In all solicitations made by competitive bidding or negotiation by the Contractor of materials and leases of equipment, each potential subcontractor, supplier, or lessor shall be notified of obligations under this contract. a. Laws and regulations prohibiting false claims and statements from being made to the federal government, 31 U.S.C.A § 3801, et seq., 49 C.F.R. Part 31, and 18 U.S.C.A. § 1001; b. Federal privacy law, 5 U.S.C.A. § 552; c. Nondiscrimination and equal employment opportunity laws in accordance with Title VI of the Civil Rights Act, 42 U.S.C.A. § 2000d; § 303 of the Age Discrimination Act of 1975, 42 U.S.C.A. § 6102; § 202 of the Americans with Disabilities Act of 1990, 42 U.S.C.A. § 12132 ("ADA"); and Federal transit law, 49 U.S.C.A. § 5332; d. Mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C.A. § 6201. 27. Binding Effect. This Agreement, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, RFP 7285 IT Support Services for MPO Page 16 of 25 employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 28. Governing Law. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. 29. Severability. 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. 30. 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 MPO 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 RFP 7285 IT Support Services for MPO Page 17 of 25 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 MPO may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the MPO arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. h. The MPO will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the MPO terminates the Agreement for such breach. 31. Disadvantaged Business Enterprise. To the extent authorized by Federal law, the Contract agrees to facilitate participation by Disadvantaged Business Enterprises (DBE's) in the Project and assures that each third party contractor, or other participant at any tier of the Project will facilitate participation by DBEs in the Project to the extent applicable as follows: (1) The Contractor agrees and assures that it shall comply with section 1101(b) of SAFETEA-LU, 23 U.S.C.§101 note, and U.S. DOT regulations, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,"49 C.F.R. Part 26. (2) The Contractor agrees and assures that it shall not discriminate on the basis of race, color, sex, or national origin in the award and performance of any third party contract or other arrangement supported with Federal assistance derived from U.S. DOT in the administration of its DBE program and shall comply with the requirements of 49 C.F.R. Part 26. The Contractor agrees to take all necessary and reasonable steps as set forth in 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of all third party contracts and other arrangements supported with Federal assistance from U.S. DOT. 32. Special Provisions. Special provisions or conditions relating to federal patent law and rights in data that are applicable to this Agreement are set forth in Exhibit C, attached hereto and incorporated herein by this reference. RFP 7285 IT Support Services for MPO Page 18 of 25 THE NORTH FRONT RANGE TRANSPORTATION AND AIR QUALITY PLANNING COUNCIL (MPO) Cliff Davidson, Executive Director CONTRACTOR: By: Title: STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of 200 , by [as of .] My commission expires: (SEAL) Notary Public RFP 7285 IT Support Services for MPO Page 19 of 25 REQUEST FOR PROPOSAL 7285 IT SUPPORT SERVICES FOR MPO Section 1.0: Proposal Requirements 1.1 General Description The City of Fort Collins on behalf of the North Front Range Metropolitan Planning Organization, hereinafter referred to as "NFRMPO" or "MPO", is soliciting proposals for ongoing IT support services for their office at 419 Canyon Avenue, Suite 300, Fort Collins, CO and server bank held by the City of Fort Collins at 215 N. Mason St., Fort Collins, CO 80521. 1.2 Proposal Submittal Neither the City of Fort Collins nor the MPO will reimburse any firm for costs incurred in the preparation and presentation of their proposal. Firms submitting proposals shall submit five (5) copies of the proposal with the following information: 1. Company history and experience in providing IT services 2. The name of the company representatives responsible for: Providing information during the evaluation process • Project account manager for the duration of the contract period • Staff providing direct support to NFRMPO staff, the NFRMPO servers, and local computers. 3. A written description of the proposed products and services as required below. 4. Pricing, as requested. The proposal must be signed by a duly authorized representative of the firm submitting the proposal. The signature shall include the title of the individual signing the proposal. Section 2.0: Background The North Front Range Metropolitan Planning Organization (NFRMPO) is an association of 15 local governments working together to improve regional transportation and air quality. The NFRMPO does long-range and short-range planning and prioritizes which projects in those plans will receive state and federal funding. The NFRMPO is a nonprofit public organization funded through federal and state grants as well as local funds. Additionally, the NFRMPO works to enhance air quality and mobility between the North Front Range and the Denver Metro area by developing cooperative working relationships and financial partnerships among our member governments, the Colorado Department of Transportation (CDOT), Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), and the private sector. 2.1 Network Architecture The network architecture for the NFRMPO includes: 1. 15 local PC users 2. 17 maintained computers including laptops with a. Microsoft Windows XP or Windows 7 (new computers) RFP 7285 IT Support Services for MPO Page 2 of 25 EXHIBIT A Scope of Services RFP 7285 IT Support Services for MPO Page 20 of 25 EXHIBIT B WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE NORTH FRONT RANGE TRANSPORTATION AND AIR QUALITY PLANNING COUNCIL AND DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee (time and reimbursable direct costs) not to exceed: Project Description: Scope of Services: Acceptance Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. Professional By: Date: User The attached forms consisting of _ (� pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. THE NORTH FRONT RANGE TRANSPORTATION AND AIR QUALITY PLANNING COUNCIL By: Date: RFP 7285 IT Support Services for MPO Page 21 of 25 EXHIBIT C - Federal Patent and Rights in Data 37 C.F.R. Part 401,49 C.F.R. Parts 18 and 19 The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix A, § 5, but the rights in data clause reflects FTA objectives. For patent rights, FTA is governed by Federal law and regulation. For data rights, the text on copyrights is insufficient to meet FTA's purposes for awarding research grants. This model clause, with larger rights as a standard, is proposed with the understanding that this standard could be modified to FTA's needs. CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORK. A. Rights in Data. (1) The term "subject data" means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under this Agreement. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design -type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not include financial reports, cost analyses, and similar information incidental to contract administration. (2) The following restrictions apply to all subject data first produced in the performance of the contract to which this Attachment has been added: (a) Except for its own internal use, Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may Contractor authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to any contract with an academic institution. (b) In accordance with 49 C.F.R. 18.34 and 49 C.F.R. 19.36, the Federal Government reserves a royalty -free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government purposes," any subject data or copyright described in subsections (2)(b)I and (2)(b)2 below. As used in the previous sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not extend its Federal license to any other party. 1. Any subject data developed under this Agreement, whether or not a copyright has been obtained; and 2. Any rights of copyright purchased by Contractor using Federal assistance in whole or in part provided by FTA. (c) When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA determines otherwise, Contractor performing experimental, developmental, or RFP 7285 IT Support Services for MPO Page 22 of 25 research work required by this Agreement agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of that contract, or a copy of the subject data first produced under the contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of the underlying contract, is not completed for any reason whatsoever, all data developed under that contract shall become subject data as defined in subsection (a) of this clause and shall be delivered as the Federal Government may direct. This subsection (c), however, does not apply to adaptations of automatic data processing equipment or programs for Contractor's use whose costs are financed in whole or in part with Federal assistance provided by FTA for transportation capital projects. (d) Unless prohibited by state law, upon request by the Federal Government, the MPO and Contractor agree to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the MPO or Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. Neither the MPO nor Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government. (e) Nothing contained herein shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. (0 Data developed by Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying contract to which this Attachment has been added is exempt from the requirements of subsections (b), (c), and (d) of this clause, provided that Contractor identifies that data in writing at the time of delivery of the contract work. (g) Unless FTA determines otherwise, Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. (3) Unless the Federal Government later makes a contrary determination in writing, irrespective of Contractor's status (i.e., a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.), the MPO and Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (4) Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. RFP 7285 IT Support Services for MPO Page 23 of 25 B. Patent Rights: (1) If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under this Agreement, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, Contractor agrees to take actions necessary to provide immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified. (2) Unless the Federal Government later makes a contrary determination in writing, irrespective of Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), Contractor agrees to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (3) Contractor agrees to include the requirements of this clause in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. RFP 7285 IT Support Services for MPO Page 24 of 25 EXHIBIT D .J. Z4-/0.0-1uJ I, , swear or affirm under penalty of perjury under the laws of the State of Colorado that (check one): I am a United States citizen, or I am a Permanent Resident of the United States, or I am lawfully present in the United States pursuant to Federal law. I understand that this sworn statement is required by law because I have applied for a public benefit. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. Signature Date INTERNAL USE ONLY Valid forms of identification p--- current Colorado driver's license, minor driver's license, probationary driver's license, commercial driver's license, restricted driver's license, instruction permit 7---current Colorado identification card 7--- U.S. military card or dependent identification card 7--- U.S. coast guard merchant mariner card 7---Native American tribal document The following forms of identification may be accepted through February 28, 2007* 7--original birth certificate from any state of the United States 7---certificate verifying naturalized status by U.S. with photo and raised seal 7--certificate verifying U.S. citizenship by U.S. government, e.g., U.S. passport 7---order of adoption by a U.S. court with seal of certification 7---valid driver's license from any state of the U.S. or the Dist. of Columbia excluding AK, HI, IL, MD, MI, NE, NM, NC, OR, TN, TX, UT, VT and WI 7---valid immigration documents demonstrating lawful presence, e.g., current foreign passport with current I-551 stamp or visa, current foreign passport with 1-94, 1-94 with asylum status, unexpired Resident Alien card, Permanent Resident card or Employment Authorization card *A waiver may be available where no identification exists or can be obtained due to a medical condition, homelessness, or insufficient documentation to receive a Colorado I.D. or driver's. license. Contact your department director. RFP 7285 IT Support Services for MPO Page 25 of 25 b. Microsoft Office 2010 c. Antivirus — AVG 2011 3. Seven (7) servers a. Server 01 — Domain Controller / DNS Server (virtual) b. Server 02 — Microsoft Exchange 2010 Server (virtual) c. Serer 03 —Great Plains SQL Server (virtual) d. Serer 04 — ArcGIS Serer e. Serer 05 — File Serer / Print Serer f. Serer 06 — Backup Domain Controller / Backup DNS Serer / Anti -Virus Serer g. Serer 07 — FTP Serer and NFRMPO.org Web Serer (Sitefinity) 4. Cisco router 5. Cisco Catalyst 3560 Switch 24-port Ethernet and Fiber PoE capable 6. Cisco Catalyst 2950 24-port Ethernet Switch 7. Printers a. Sharp MX-270ON b. Kyocera Mita KM-3-35 KX c. HP Designjet 5500ps d. HP Laserjet 4200 e. Sharp MX 5111 N RFP 7285 IT Support Services for MPO Page 3 of 25 O v� CNN Y, -/// W 2 LL a C O as 2 5 `a. 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N O1 X �o a Qa xz Ug N w O tD N m m a W a 0 a� U a) N r O O_ O_ 7 LO 00 N r- a LL Section 3.0: Scope of Work The NFRMPO is seeking a firm to provide IT support services for the entire NFRMPO network architecture. 3.1 Local PC Support The selected contractor will provide monthly PC Support for the 15 local PC users to include: • Provide on -call PC support phone number and email address • Build/Rebuild of new and re -used computers and related hardware • Software and driver installation • Maintain list of software licenses for purchase and re -installation of software on local PCs • Virus removal and repair • Screen and "push" software updates to local PCs • Maintain local PC backup system • Institute email policy for the storage and removal of out -dated emails as defined by NFRMPO staff in Microsoft Outlook 3.2 Purchase of Hardware, Software, and Online Services The selected contractor will serve as the purchasing agent to leverage their wholesaler relationships and invoice the NFRMPO for new PCs, hardware, and software under the following assumptions: • Review of local PCs for annual replacement of 2-4 computers • Maintain list of software licenses for purchase and re -installation of software on local PCs. The selected contractor will schedule a meeting with the NFRMPO to obtain all current licenses and establish themselves as the point -of -contact with all re -sellers (Adobe, SPSS, etc.) • Assist NFRMPO accounting staff with compliance for online payment processing through banking relationship • Serve as the administrative contact for purchased online services that currently include o GoDaddy o Constant Contact o Zoomerang o SSL Certificates • Serve as the administrative contact for remotely -hosted Sitefinity (in the future) web - development software on local server 3.3 Ongoing Maintenance of Servers The selected contractor will maintain the servers housed at the City of Fort Collins. This will require the contractor to obtain clearance from the City of Fort Collins to access the server house in -person and remotely. The server maintenance will include: • Software and driver installation • Prompt addition or removal of local user accounts on Microsoft Exchange (to include Microsoft Outlook email accounts) and the subsequent billing change (if applicable) RFP 7285 IT Support Services for MPO Page 7 of 25 • Maintain list of software licenses for purchase and re -installation of software on local PCs • Establish remote connection to the servers housed at the City of Fort Collins • Screen and "push" software update to servers • Scheduled visits to the server "DMZ" as negotiated with the NFRMPO and the City of Fort Collins • Maintain the existing backup system for the servers at the City of Fort Collins • Maintain Great Plains software on SQL server 3.4 Scheduled Communications with NFRMPO and the City of Fort Collins The selected consultant will provide the following report and communications regarding the status of the NFRMPO IT architecture to include: • A written annual evaluation of each server to the NFRMPO and the IT staff at the City of Fort Collins at the close of the calendar year by January 15th • A scheduled annual meeting in January to discuss the current state of the NFRMPO IT architecture to include: o Cost -saving efficiency opportunities o Preventative maintenance o Communication improvements between selected contractor, the NFRMPO, and the City of Fort Collins o Bill rate updates • Provide a monthly emailed report to designated staff contact at the NFRMPO regarding the status of the local PCs to include: o Software updates o Virus blocked / Spyware management o Temporary file deletion 3.5 Invoicing The selected consultant will provide a monthly invoice to the NFRMPO with a breakdown of the maintenance, labor hours (by employee), and hardware/software purchases on behalf of the NFRMPO consistent with the SECTION 4.0 — Pricing described below. Section 4.0: Pricing All submitting contractors should submit a breakdown of their proposal in the following manner: 1. Monthly price per unit to maintain local PCs as described in the Scope of Work above 2. Monthly price per unit to maintain the described remotely -hosted servers in the Scope of Work above 3. Hourly fee for monthly on -call PC user support along with a proposed number of hours per month to achieve the responsibilities outlined in the scope of work. Acknowledgement of overage, emergency, and day/night/weekend charges should be described accurately in the submittal. RFP 7285 IT Support Services for MPO Page 8 of 25 Items in Section 4.0 are to be summed in a table for ease -of -review. Section 5.0: Evaluation 5.1 Evaluation and Assessment of Proposal Proposals will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and any optional 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 Qualification Standard Factor 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used, and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will work on the contract have the necessary skills? Are sufficient people of the requisite skills assigned to the contract? 1.0 Availability Can the work be completed in the time frame required? Can targeted start- and completion -dates be met? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost Do the proposed costs compare favorably with the other proposals and budget estimates? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? 5.2 Reference Evaluation The Project Manager will check references, as needed, using the following criteria. The evaluation rankings will be labeled Satisfactory / Unsatisfactory. 5.3 Qualification and Standard a. Overall Performance - Would you hire this company again? b. Timetable - Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? C. Completeness - Was the company responsive to client needs; did the company anticipate problems? Were problems solved quickly and effectively? d. Budget - Was the original Scope of Work completed within the project budget? e. Job Knowledge - Did company personnel exhibit the knowledge and skills necessary for the efficient completion of the Scope of Work? RFP 7285 IT Support Services for MPO Page 9 of 25