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HomeMy WebLinkAboutRFP - 7437 CEMETERY SOFTWARERFP 7437 Cemetery Software Page 1 of 21 REQUEST FOR PROPOSAL 7437 CEMETERY SOFTWARE The City of Fort Collins is seeking a vendor for Cemetery Software, Consulting, and project administration. This partnership will work with City staff to plan, configure and deploy Cemetery Software and migrate existing content from our existing site, set up new functionality and create efficiencies. Proposals may be submitted by E-mail in Microsoft Word or PDF format. E-mail submittals shall be e-mailed to: purchasing@fcgov.com. If submitting hard copy proposals, six (6) 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), November 2, 2012 and referenced as Proposal No. 7437. 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. The City encourages all disadvantaged business enterprises to submit proposals in response to all requests for proposals and will not be discriminated against on the grounds of race, color, national origin for all proposals for negotiated agreements. Questions concerning the scope of the project should be directed to Project Manager, Mike Calhoon at (970) 416-2079 or mcalhoon@fcgov.com. Questions regarding bid submittal or process should be directed to Ed Bonnette, CPPB, CPM, Buyer, Buyer, at (970) 416-2247 or ebonnette@fcgov.com. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement 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. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 7437 Cemetery Software Page 2 of 21 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 7437 Cemetery Software Page 3 of 21 REQUEST FOR PROPOSAL 7437 Cemetery Software I. GENERAL DESCRIPTION The City of Fort Collins (City) is seeking a vendor for Cemetery Software, Consulting, and project administration. This partnership will work with City staff to plan, configure and deploy Cemetery Software and migrate existing content from our existing site, set up new functionality and create efficiencies. Once implemented, the consultant will troubleshoot issues with the implementation. Companies selected by the City may also serve in an advisory/consultative role for future related projects. II. BACKGROUND The Cemetery Division includes two municipal cemeteries with over 49,000 spaces, performing 200 burials annually, generating over $300,000 in revenues through fees. The City’s Cemetery Division keeps records of all the people buried in the cemetery, ownership, and other information specific to managing the cemetery. Since its designation as “Historical” in 2008 our goal is to obtain a software program that will allow employees to easily input information into a database and provide a simple interface for retrieving the information through canned and ad- hoc reporting. (Number of G/L and Revenue accounts.) Current chart of accounts configuration: XXX-XXXXXX-XXXXXX-XXXXX-XXXXXX (fund=3, cost center=6, object=6, project=5, subcode=6; total=26 digits) The City’s Parks Department, in partnership with the Information Technology (IT) Department is looking for creative proposals for flexible pricing models that can provide the necessary application consulting support. In addition, the City of Fort Collins allows other Public Agencies the opportunity to purchase off the Award for this Bid, at the option of the Awarded Vendor(s). Other public agencies that are members of the Colorado Multiple Assembly of Procurement Officials (MAPO) cooperative purchasing group may contact the awarded vendor(s) with a desire to piggyback on the resulting contracts as a cooperative user. Current Environment The current cemetery management application was originally developed in Paradox, then piped to Microsoft Access 2.0 and later Access 97. The application is used to track spaces/plots, customers, contracts, interment information and payments, with no direct integration with the city’s financial /accounting system or electronic payment processing, and GIS/mapping. The original database developer is no longer available and no documentation is available. III. SCOPE OF WORK The City of Fort Collins (City) is in need of a Cemetery Software architect/developer who can assess the current business processes and recommend a solution and design that will meet CFC’s needs and resources. In this context “resources” should be assumed as both human and financial. This work is to be completed as soon as possible and, depending on need, can be conducted on-site or remotely. The following list is intended to define the scope of services that are most likely to be requested during the length of the contract. There could be other, Cemetery Software/Applications services required. RFP 7437 Cemetery Software Page 4 of 21 Required Services/Deliverables: 1) We currently are seeking software/application which is capable of integrating with existing internal systems i.e. Oracle JD Edwards Enterprise System (finance and accounting), GIS mapping, and provide integrated electronic payment processing that meets all current PCI/DDS standards. Integration with internal systems will ensure that no double entry of data occurs. 2) Relational database with graphical user interface. 3) Simultaneous access, multi-user environment with user/group based permissions. 4) Strong-password support with forced password rotation, requiring unique passwords. 5) Audit trail logging and reporting. Must log financial functions as well as changes to transactions. 6) Provide geographic mapping features that will provide a higher level of service to the citizens. An option for a kiosk at each location is desirable but not required. Indicate in your proposal whether or not you can provide this optional feature; if Yes, at what additional cost. Third-party integration is acceptable. 7) Canned and Ad-hoc reporting functionality is required for this software. Additional reporting tools such as Crystal Reports may be accepted. 8) Ability to export information using the asci/delimitied or csv format. 9) Payment receipts must be printable or able to be e-mailed using the Outlook client or SMTP. Receipts shall be in the PDF format. Each credit card transaction should provide an authorization receipt and a customer copy. Credit card numbers must be masked, displaying only the last four digits of the credit card number. 10) Must be able to accept partial payments. Unpaid balances shall be applied to the customer account where the system can report using the aging method. 11) The ability to produce billing statements. Statements should be formatted for window style envelopes with an option to e-mail using the Windows Operating system default mapi client. 12) Ability to handle different types of taxes and must produce a tax report. 13) Computes “change due” automatically. 14) Ability to control an electronic cash drawer and 40 column receipt printer. 15) Vendor to provide the customer with a usb MSR device. Minimum of (2) two devices. 16) Cash Receipts journal reporting by employee/user/drawer #. 17) Credit card settlement report capabilities. 18) Envelopes, labels and letter capability, which is capable of providing form letters and mailing labels functionality utilizing Avery label definitions. 19) Mapping requirements include not only physical layout of the cemeteries but also grave spaces and any utilities located within the cemeteries, including irrigation lines, valves and controls. 20) The ability to attach digital photos to a customer record. 21) The following specific reports and functions must be included in the base product: RFP 7437 Cemetery Software Page 5 of 21 a. Interment report - - alpha (Name), by year, by section. b. Owner report - current; and history of ownership beyond just last owner. c. Graves for sale report - both cemetery locations, and by sections in each. d. Receipts - No Rights of Interment or Interment Services needed for contract payments, foundation orders, misc. e. Transactions - full pay and 2-year contracts. f. Contract payment coupons. g. Interment listings by select last name. h. Owners listings by last name. i. Ability to Include obituary in customer record. j. Ability to include monument/marker pictures in customer record. k. Lot cards - ability to change; print copies of layout, burial information, and ownership notes on a single sheet of paper. l. Section Maps - ability to change or modify. m. Foundation orders. n. Reservations – generate map for crew, and all forms needing signatures of family. o. Request for attention form - and response information. p. Weekly deposit recap report (2 pages). q. Transfer forms - regular and affidavit. r. Listing agreement. s. 60 day hold form - program must generate letter before time expires. t. Historical Contacts - each space, reports based on recent contacts for future space reclamation. u. Ability to add/create spaces – i.e. additional cremains; new columbariums/cremains gardens; new developed/layed out sections at cemetery. v. Burial Calendar (similar to an Outlook calendar). Ability to view a month, week, or day calendar to see what burials are scheduled. This is a desirted feature for the crews, to give them a visual view of what’s planned. 22) Online Help with context sensitive capabilities. 23) Database conversion options must be included in your proposal. 24) Maintenance plans must be included in your proposal. ASA’s should be on an annual basis. 25) The preferred backend database shall be Microsoft SQL 2008. 26) The software shall run on a Microsoft Windows XP Professional or Windows 7 operating system, as a member of a Microsoft Active Directory 2008 Domain. Should not require Local Administrator access. 27) The software shall support all Windows based printers, local or networked. RFP 7437 Cemetery Software Page 6 of 21 28) All server-based application should have support for hardware RAID level 5 or better. 29) User and management reference guides shall be provided at the time the software is delivered. 30) Statement of compliance for Year 2000. 31) Upon delivery a copy of license agreement must be provided for submittal to the City’s software licensing team. 32) Integrated credit card processing is desirable. Users  Total – (8) eight GUI users, with internet (web) access for customer inquiries  Concurrent – 5 IV. PROPOSAL SUBMITTAL REQUIREMENTS: The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. In order to simplify the review process and maximize the degree of comparative analysis, the RFP Response should be organized in the following manner: 1. Methods and Approach: Describe your expected or recommended approach, including a clear and detailed description of your proposed “system cutover strategy” (i.e., implementation strategy). Describe the anticipated interaction with the City. Provide an outline of your anticipated schedule for completing consultant implementation tasks including an implementation timeline. 2. Deliverables: Given the list above under Required Services/Deliverables, provide us with your plan to achieve them (not to exceed two pages). ALSO MANDATORY: CEMETERY SOFTWARE DELIVERABLES SPREADSHEET MUST BE FILLED OUT COMPLETELY AND RETURNED ELECTRONICALLY AS PART OF YOUR PROPOSAL. PROPOSALS NOT INCLUDING IT WILL BE CONSIDERED NON- RESPONSIVE. The City of Fort Collins has identified functions that are required, are important or are desired in the new Cemetery Software. The list of function has been attached as a separate Microsoft Excel file. The City realizes that no single off-the-shelf software system is likely to meet all the requirements listed in the Functional Requirements matrix. The City will select the submittal that represents the best combination of requirements satisfied along with additional features, cost and suitability. Columns B, C, and D in the spreadsheet identify the relative importance of the function to The City of Fort Collins as follows: M (Mandatory) Requirements are features or functionalities that must be provided by the Vendor to fulfill the core mission of The City of Fort Collins. If the feature or functionality is not within the COTS standard product, the Vendor must clearly identify this fact or indicate that it can be provided through customization. Any cost required to implement this feature through RFP 7437 Cemetery Software Page 7 of 21 customization must be included and clearly identified as an optional cost in the submittal. I (Important) Requirements are features or functionalities that are advantageous to The City of Fort Collins and enhance the functionality of the new cemetery software system, but are not necessarily required as part of the initial implementation covered by this RFP process. D (Desired) Requirements are features or functionalities that would be worthwhile to have in the initial implementation, but may not be available from the Vendor or The City of Fort Collins is considering implementation in the future. Columns G, H, and I in the spreadsheet must be filled in by the vendor to show whether their COTS products are fully “Compliant”, “Partially Compliant” or “Not Compliant” with the stated requirement as defined below: • All functions identified with a “Compliant” response shall be assumed to be available in Ready to Manufacture (RTM) form at the time of submittal (i.e. beyond release candidate and beta testing) and each Vendor should be prepared to possibly demonstrate this feature during the System Demonstrations and Product Evaluations. • All functions identified with a “Partially Compliant” response shall require further explanation from the Vendor in the “Comments” section. If the Vendor fails to provide an accompanying elaboration for the “Partially Compliant” status, The City of Fort Collins shall consider the requirement to be “Not Compliant”. • All functions identified with a “Not Compliant” response shall be assumed to mean that the Vendor cannot or will not be able to meet this requirement without further customization or development of the COTS product. Column J allows each Vendor to provide comments that qualify its answers and to document any assumptions made when responding. The comments should enhance The City of Fort Collins’s understanding of how the Vendor proposes to meet the requirement. The Comments column is provided for Vendors to provide the following information: • Current or Planned Availability – Unless otherwise specified in the Comments section, The City of Fort Collins will assume that the requirement is currently available from the Vendor. • Included or Not Included – Unless otherwise specified in the Comments section, the City of Fort Collins will assume that the RFP 7437 Cemetery Software Page 8 of 21 requirement will be included by the Vendor. Each Vendor should also indicate in the comments if the requested feature requires any other optional component or module in order to be implemented and if the component/module is a COTS product or one that requires additional development. • Limited or Additional Functionality – The Vendor should identify any limitations in how its product fulfills this requirement or describe any functionality in its product that exceeds this requirement. • Simultaneous Compliance of Functions – Unless otherwise specified in the Comments section, The City of Fort Collins will assume all compliant functions can be simultaneously compliant with other compliant functions. • Pertinent Comments – The Vendor may include any comments it considers relevant to the discussion. 3. Qualifications and Experience: Provide relevant information regarding previous experience related to this or similar Projects, to include the following (Please limit this to a maximum of two pages!):  Brief Company History including time in business  Experience in Cemetery Software development, installation, set-up and configuration  Minimum of three years experience working with Cemetery Software implementation and design.  Minimum of three similar projects that demonstrate experience in an organization that successfully implemented or started a Cemetery Software Deployment in a contract of a year or more in the last 2 years. Name, address, and phone number of agency contact overseeing the planning effort. 4. List of Project Personnel: This list should include the identification of the contact person with primary responsibility for this contract, the personnel proposed for this contract, and any supervisory personnel, including partners and/or sub consultants, and their individual areas of responsibility. A resume for each professional and technical person assigned to the contract, including partners and/or sub consultants, shall be submitted. The résumés shall include at least three references from previous assignments. 5. Organization Chart/Proposed Project Team: An organization chart containing the names of all key personnel and sub consultants with titles and their specific task assignment for this contract shall be provided in this section. NOTE: Any Personnel Changes within the awarded Contract will need to be approved by the City of Fort Collins Project Manager. 6. Availability: Describe the availability of project personnel to participate in this project in the context of the consultant firm’s other commitments. 7. Estimated Hours by Task: Provide estimated hours for each proposed or optional task, including the time required for meetings, conference calls, etc. RFP 7437 Cemetery Software Page 9 of 21 8. Schedule of Rates and Cost by Task: Provide a schedule of billing rates by category of employee to be used during the term of the contract, and an anticipated cost of each task identified in the section Required Services/Deliverables or for tasks that are recommended as part of this planning effort. All direct costs (i.e., travel, printing, postage, etc) specifically attributed to the project and not included in the billing rates must be identified. 9. Demonstration Process: Selected contractors should be prepared to provide an online demonstration of their product, The demonstration process will be scheduled in four hour blocks. All required reporting requirements will be reviewed along with day to day functionality. In the event your firm is selected to proceed to an oral interview/online demo phase; please indicate your availability to participate the week of November 16 as part of your proposal. Selected vendors can choose to do this remotely; travel onsite to Fort Collins would be at vendor’s option. RFP 7437 Cemetery Software Page 10 of 21 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 SERVICES AGREEMENT with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City 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: Award and Contract Process 1. The City reserves the right to award directly as a result of the written proposals. The City may or may not opt to conduct oral interviews/online demos. 2. The selected Contractor shall be expected to sign the City’s standard Services Agreement prior to commencing Services (see sample attached to this Proposal). 3. The City reserves the right to negotiate with any vendor as meets the needs of the City. The City reserves the right to reject any or all proposals, and to waive any irregularities. PLEASE GO TO www.fcgov.com/purchasing 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: 918-29 Computer Software Consulting 918-30 Computer Network Consulting 958-20 Cemetery Management Services RFP 7437 Cemetery Software Page 11 of 21 Review and Assessment 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 FACTOR QUALIFICATION STANDARD 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 be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 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? RFP 7437 Cemetery Software Page 12 of 21 References The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge If a study, did it meet the Scope of Work? RFP 7437 Cemetery Software Page 13 of 21 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 , hereinafter referred to as "Service Provider". 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 Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page and incorporated herein by this reference. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) page , and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. 5. Contract Period. [Option 2] This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as RFP 7437 Cemetery Software Page 14 of 21 herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 6. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. [Early Termination clause here as an option 7. Early Termination by City/Notice. 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 Service Provider. 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: City: City of Fort Collins Attn: Purchasing PO Box 580 Fort Collins, CO 80522 Copy to: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 Service Provider: In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 8. Contract Sum. The City shall pay the Service provider for the performance of this RFP 7437 Cemetery Software Page 15 of 21 Contract, subject to additions and deletions provided herein, per the attached Exhibit " ", consisting of page , and incorporated herein by this reference. 9. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 10. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 11. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 12. Acceptance Not Waiver. 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 or cause of action arising out of performance of this Agreement. 13. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. RFP 7437 Cemetery Software Page 16 of 21 b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 14. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 15. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 16. 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, RFP 7437 Cemetery Software Page 17 of 21 personal representatives, successors and assigns of said parties. 17. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 18. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 19. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: RFP 7437 Cemetery Software Page 18 of 21 a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider 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. Service Provider 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. Service Provider 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 Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider 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 Service Provider shall not terminate RFP 7437 Cemetery Software Page 19 of 21 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. Service Provider 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 Service Provider 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, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 21. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of ( ) pages, attached hereto and incorporated herein by this reference. RFP 7437 Cemetery Software Page 20 of 21 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ ATTEST: (Corporate Seal) _____________________________ CORPORATE SECRETARY RFP 7437 Cemetery Software Page 21 of 21 EXHIBIT “ ” INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance.