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HomeMy WebLinkAboutRFP - 7380 NETWORK EQUIPMENT & SMARTNET SERVICESAddendum 1 - Page 1 of 1 ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7380: Network Equipment & SmartNet Services OPENING DATE: 3:00 PM (Our Clock) May 2, 2012 To all prospective bidders under the specifications and contract documents described above, the following clarification is hereby made and detailed as follows: 1. The Opening Date is May 2, 2012 at 3:00 PM (our clock). Please disregard any other opening dates listed in the RFP. Please contact James B. O'Neill, FNIGP, CPPO, Buyer at (970) 221-6779 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 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 REQUEST FOR PROPOSAL 7380 Cisco Equipment Purchase and SmartNet Maintenance Contract Services The City of Fort Collins is soliciting proposals from qualified Cisco partners to become the primary resource for purchasing Cisco hardware, software and SmartNet maintenance contract services. Six (6) copies of written proposals and one electronic Adobe PDF copy of the proposal 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), May 2, 2011. If delivered, proposals 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 proposal shall be clearly marked “Request for Proposal for Cisco Equipment Purchase and SmartNet Maintenance Contract Services, RFP #7380”. Questions concerning the scope of the project should be directed to the Network Administration Manager – Bob Singleton, by phone at (970) 221-6789 or via e-mail at bsingleton@fcgov.com. Questions regarding the proposal submittal process should be directed to James B. O’Neill II, CPPO, FNIGP, Director of Purchasing and Risk Management (970) 221-6775. Due to security constraints and potential impacts to the City’s network, on-site visits will be limited, scheduled, and require a prior letter of nondisclosure. A copy of the Proposal may be obtained by downloading from the BuySpeed Online webpage at 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 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 Services Agreement Page 3 of 24 RFP # 7380 Cisco Equipment Purchase and SmartNet Maintenance Contract Services I) Purpose Background City of Fort Collins network and telecommunications infrastructure spans 76 locations within 54 square miles. The environment contains 370 switches, routers, and other network equipment. Community services supported include Electric, Water, Water Reclamation, and Stormwater utilities, Police, Fire, Parks and Recreation, Transportation, and public Libraries. WAN architecture is in the final stages of evolving from a single core star to a redundant data center topology. Two data center facilities are geographically separated along a 26 mile community-wide fiber optic ring. Each is designed for Cisco 6509 enterprise switches, running VSS over 10Gbps dedicated fiber optic cable. Core switches support redundancy for CheckPoint firewalls, Cisco VPN, Internet Access, WLAN Controllers, and multiple fiber optic WAN rings. The core switches are linked via Cisco 4900m and Nexus (near future) 10Gbps switches to consolidated HP/Lefthand Networks SANs, HP c7000 based Blade Servers running VMware, and CommVault hierarchical data backup systems. Telecommunications infrastructure supports 2200 phones, various analog services, IVR/ACD Call Center operations, integrated call recording, and paging. The services platform is being converted in a multi-year project from Nortel 81c to Cisco VoIP, current version 7.1.3. General Requirements Expanding, refreshing, and maintaining the City of Fort Collins network and telecommunications infrastructure, requires the purchase of Cisco hardware, software, and SmartNet maintenance contract services. The City of Fort Collins is soliciting proposals from qualified Cisco partners to become the primary resource for purchases. A long-term relationship is desirable as it promotes business process efficiencies, predictability, and commitment. To that end, this Request for Proposals (RFP) process is intended to result in a Service Agreement that may be renewed annually for a period not-to-exceed five years. Each purchase will be made on an as-needed basis and typically not exceed $100,000. This amount should not be interpreted as an indication of unit volume or a guarantee of future purchase volume. Hardware will be new equipment and not refurbished. Software will be Cisco or Cisco partner certified compatible. The scope of requirements does not include professional services. The provision of such services is defined and procured through a separate RFP process. However, the City of Fort Collins reserves the right to negotiate and acquire services under the Services Agreement Page 4 of 24 provisions of a Service Agreement to be developed from this RFP process if certain conditions of incapability on the part of the primary professional services provider exist. Specific Requirements Service Provider selection criteria will balance the quantitative costs of service as presented in the Pricing Matrix, Exhibit “A,” with key qualitative differentiators. Factors that facilitate expedited product delivery, equipment specification development, purchasing process efficiency, responsiveness to urgent customer needs, and customer asset management will be considered in the balance of values. Proposals should demonstrate expertise in Cisco technologies and experience in managing Cisco logistic systems. Responses should reflect the means by which customers have obtained the best technological value for their Cisco purchase dollars. Areas of focus should include: • Hardware and software lifecycle management • Cisco hardware, software, and SmartNet discount certainty • Volume pricing incentives • Hardware and software upgrade forecasting • Cisco best practices and new technology education • In-house capability for active SmartNet support and management • Sub-agency SmartNet contract administration • CiscoWorks asset and contract data synchronization • On-the-spot SmartNet contract discrepancy resolution with Cisco TAC • Municipal government account management in a team environment where the customer is the decision-maker II) Scope of Services A) Hardware and Software Purchases Service is essentially defined by workflow in three phases; Ordering, Delivering, and Invoicing. The majority of purchases will be for Cisco products. However, the following are examples of the types of equipment other than Cisco the City of Fort Collins anticipates purchasing under the provisions of a Service Agreement to be developed from this RFP process: • APC UPS, typically ranging in size from 1000 VA to 3000 VA XL; Tower and rack mount • Transition Media Converters – standalone and chassis Services Agreement Page 5 of 24 Ordering 1. City of Fort Collins staff initiates a request for pricing and availability either by phone or e-mail. This step in the workflow often opens discussion regarding equipment specification details, options, and alternatives. 2. Knowledgeable and experienced Service Provider staff develops a quote consistently based upon Cisco discounts and any additional incentives established by the Service Agreement derived from this RFP process. Product delivery schedule information is included in the quote with emphasis noted for backorders exceeding two weeks after receipt a purchase order from the City of Fort Collins. 3. Quotes must be delivered within a maximum of 3 business days. Delivering 1. Service Provider staff acknowledges receipt of the City of Fort Collins purchase order and confirms quoted items have been ordered from Cisco. 2. Service Provider staff provides updated shipping and tracking information at regular intervals, flagging any changes in the forecasted delivery schedule. Invoicing 1. Service Provider staff provides invoices for delivered products, itemized in accordance with the originating quote. Invoices must clearly list individual line items from the quote. Purchase order and quote numbers must appear on each invoice. 2. All SmartNet purchases, appearing as line items on the originating quote, must be invoiced separately. SmartNet invoices must clearly list individual SmartNet line items from the quote and reference the associated quote and purchase order numbers. 3. Payment is processed by the City of Fort Collins, following confirmed delivery of hardware and software and receipt of a quote-specific, itemized invoice. B) SmartNet Maintenance Maintenance contracts will be awarded for one-year and may be renewed annually for a period not-to-exceed five years. Unless otherwise specified by City of Fort Collins staff, hardware and software maintenance coverage will be provided in the following order based on coverage options available at the time of purchase: 1. Cisco Smart Foundation Service 2. Cisco SmartNet Service The City of Fort Collins requires two separate SmartNet maintenance contracts. One is specific to the network and telecommunications inventory of the City of Fort Collins. The second is specific to the inventory of the Poudre River Library District. City of Fort Collins IT staff will clearly identify with each hardware or software purchase to which individual contract the SmartNet Services Agreement Page 6 of 24 coverage pertains. Purchase quotes, developed by Service Provider staff, must reference “Poudre River Library District“ when appropriate. Coverage changes may be specified at each annual renewal. Annual Maintenance Renewal Service Provider staff will provide a separate quote and corresponding spreadsheet inventory for the City of Fort Collins and the Poudre River Library District accounts. The quote will list the following: • Line number • Quantity • Item Number (Cisco) • Item Description (Cisco) • List Price (Cisco) • Unit Price (discounted price) • Total (extended unit price) The corresponding spreadsheet will list the following: • Cisco Service SKU • Cisco Part number • Cisco Serial Number • Contract Number (Cisco) • Start Date (contract) • End Date (contract) • List Price (Cisco) • Customer Price (discounted price) • Notes – end of support dates, license quantity, etc. Quote and spreadsheet line items must be identically sorted to facilitate reconciliation between documents. SmartNet contracts will be awarded each year to effect coverage from 3/31 of the award year until 3/30 the following year. The City of Fort Collins Network Administration Manager or designated representative will approve renewals. III) Method of Payment The hardware, software and SmartNet Service Provider shall receive payments for the satisfactory receipt of purchased hardware/software and for the accurate accounting of City of Fort Collins owned inventory pertaining to the SmartNet contract. All bills submitted by the Service Provider will be reviewed and authorized for payment by the City of Fort Collins IT Project Coordinator. Services Agreement Page 7 of 24 IV) Services Provider Instructions A) Submittal Requirements Limit the total length of your proposal to a maximum of forty (40) pages (excluding covers and dividers but including resumes and project descriptions). Pages shall be 8-1/2” x 11” single-sided, with a minimum 11-point font. The proposal may include up to four (4) - 11” x 17” sheets, which will count towards the 40-page total. The Director of Purchasing and Risk Management may reject proposals received that are longer than 40 pages in length. Submit a total of six paper (6) copies of your proposal, with one copy marked as the original copy. Also provide a single copy of the proposal in Adobe Acrobat PDF© format on a separate disk. Qualified Service Providers should submit a minimum of the following information, structured in accordance with this general outline: 1. State your understanding of the City of Fort Collins hardware, software and SmartNet needs. Summarize your firm’s qualifications for providing these services in a timely manner. Include any material assumptions that either enhance or limit service performance. 2. Provide a history of your firm as relevant to the purpose and scope of this RFP. Describe the longevity of senior staff and management as it relates to your ability to maintain a potential 5-year contractual commitment. 3. Identify staff proposed to provide services to the City of Fort Collins. Include resumes and any recommendation/commendation letters received from recipients of your services in the past 5 years. List any Cisco professional certifications, specific and relevant to hardware, software and SmartNet administration and management. 4. Provide a list of at least three municipal account customers, comparable in size to the City of Fort Collins, currently utilizing your services. Include references and/or testimonials. 5. Complete Exhibit “A,” the Pricing Matrix. An Excel© spreadsheet version may be downloaded from the BuySpeed Online webpage at www.fcgov.com/eprocurement. The information displayed is a fairly complete representation of the City of Fort Collins’ network and telecommunications inventory. It has been developed for the purpose of evaluating service price only. It should not be interpreted as a forecast or commitment for future purchases. Enter in the Notes section of the Pricing Matrix the discount from Cisco List Price that was applied to Unit Costs. This rate of discount will be set by Service Agreement as the minimum rate of discount for all Cisco purchases by the City of Fort Collins. Note in this same space any additional volume purchase discount incentives that will be available. Services Agreement Page 8 of 24 6. Describe your approach to customer service. Include qualitative aspects differentiating your firm from others. 7. On a single page at the end of the RFP, provide a summary of your firm’s unique skills and abilities to provide hardware, software and SmartNet services to the City of Fort Collins. Proposals must be received no later than 3:00 p.m. (our clock), April 30, 2012 at: City of Fort Collins – Purchasing and Risk Management Division 215 North Mason Street P.O. Box 580 Fort Collins, CO 80524 (970) 221-6775 B) Contact Information 1. Questions related to RFP and procurement procedures should be directed to: City of Fort Collins James B. O’Neill, II Purchasing Division P.O. Box 580 Fort Collins, CO 80522 (970) 221-6775 2. You are encouraged to contact the Network Administration Manager with any questions related to the scope of work or the project in general: Bob Singleton – Network Administration Manager City of Fort Collins MIS 215 N. Mason Street P.O. Box 580 Fort Collins, CO 80522 (970) 221 - 6789 bsingleton@fcgov.com Services Agreement Page 9 of 24 Selection Criteria and Method A) Review And Assessment Qualified Service Provider proposals will be evaluated on the following criteria. Data from Exhibit “A,” Pricing Matrix, will define Cost of Service below. At the discretion of the City of Fort Collins, interviews of top rated firms may be held on-site or by telephone. The rating scale is 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 understanding of objectives, requirements, and results that are desired from the Service Provider? 2.0 Firm Capability Does the firm have relevant history and experience providing services of this type and scope? Is the firm interested and is it capable of delivering services in required time frames? Will it be stable over time? 2.0 Assigned Personnel Do the persons who will be providing services have the necessary skills? Are sufficient people of requisite skills employed by the Service Provider? Can services be provided in a timely manner? 4.0 Cost of Service Do proposed hardware, software, and maintenance costs provide the best value for the City of Fort Collins? Services Agreement Page 10 of 24 B) Reference evaluation (Top Rated Firm) An IT Department representative will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance What is the firm’s track record for timely, consistent, and cost effective service delivery? Timeliness Has the firm been responsive to customer needs? Has it been effective in meeting urgent product delivery requests? How much follow-up has been required? Completeness Has the firm demonstrated its ability and interest in balancing initial and ongoing purchase costs with long- term product value for the customer? Has it added value to specification and purchasing processes? Does staff anticipate problems? Are problems solved quickly and effectively? Are purchasing and SmartNet maintenance processes managed effectively? Cost of Service Were purchased products consistently priced as expected? Was follow-up required to correct errors? Job Knowledge Has the firm’s staff shown a depth of experience and expertise regarding Cisco product specifications, lifecycle insight, alternative solutions, and SmartNet administration and support? V) Schedule Written proposals will be evaluated by the City’s Selection Committee, and three (3) firms will be selected for interviews based upon the Committee’s recommendations. RFP Submittal Deadline: May 2, 2012 Review and Selection of Service Provider May 2012 Contracting and Scope of Work Negotiation: May 2012 Notice to Proceed: May 31, 2012 Services Agreement Page 11 of 24 VI) Terms and Conditions Payment for services, as described under the Scope of Services, shall be based upon Cisco Partner discounts. The Cisco discount submitted in the Pricing Matrix, “Exhibit A,” shall establish a “not to exceed” amount for the annual Service Agreement. Any changes in scope to the original Service Agreement will be treated as a negotiated change order to the contract. VII) Contract Term Annual Service Agreements will terminate on May 31 st of each year, beginning with 2013. The City of Fort Collins at its option may extend the Service Agreement for a maximum of four (4) additional one year periods. The City of Fort Collins Network Administration Manager or designated representative will approve renewals. Services Agreement Page 12 of 24 EXHIBIT “A” PRICING MATRIX Part Number Quantity Unit Purchase Price Extended Purchase Price Annual SmartNet Price/Unit Extended Annual SmartNet Price Contract Type: ESW CCX-50PRE-SEAT1 25 CCX-50PRE-SEAT1= 10 CCX-70-CM-BUNDLE 1 CM7.0-K9-DL380 1 LIC-CM7.1-7835= 3 MPE-MED-1V 25 MPE-PLUS1-V 30 MPE-SMTOMED-UPG 1 SW-CUP6.0-K9P 1 SW-IPCOMM-E1 5 SW-IPCOMM-E1= 25 UNITY-VM-USR 1505 Type Subtotals: Contract Type: SMBS AIR-AP1020-A-K9 1 AIR-AP1231G-A-K9 27 AIR-BR1310G-A-K9 42 AIR-BR1310G-A-K9-R 11 AIR-LAP1131AG-A-K9 2 CISCO1605-R-CH 1 CISCO1751 2 CISCO1841 1 CISCO2611XM 1 CISCO2801-SEC/K9 3 CISCO2811 1 CISCO2821 1 WS-C2950-24 1 WS-C2950C-24 1 WS-C2960-48PST-L 1 WS-C2960-8TC-L 1 WS-C2960G-24TC-L 7 Services Agreement Page 13 of 24 PRICING MATRIX Part Number Quantity Unit Purchase Price Extended Purchase Price Annual SmartNet Price/Unit Extended Annual SmartNet Price WS-C2960G-48TC-L 1 WS-C2960G-8TC-L 1 WS-C3560-24PS-E 5 WS-C3560-24TS-E 1 WS-C3560-48PS-E 2 WS-C3560-48PS-S 1 WS-C3560G-48PS-E 1 WS-C3560G-48PS-S 1 WS-C3750-24PS-E 1 WS-C3750-48PS-E 2 WS-C3750-48TS-E 6 WS-C3750E-24PD-E 17 WS-C3750E-24PD-S 2 WS-C3750E-48PD-EF 2 WS-C3750G-24PS-E 1 WS-C3750G-24PS-S 5 WS-C3750G-24T-E 2 WS-C3750G-24TS-E 1 WS-C3750G-24TS-S 2 WS-C3750G-48PS-E 4 WS-C3750G-48PS-S 14 WS-C3750G-48TS-E 1 WS-C3750G-48TS-S 2 Type Subtotals: Contract Type: SNT AIR-AP1020-B-K9 29 AIR-BR1310G-A-K9-R 2 AIR-CT5508-50-K9 2 AIR-WLC2106-K9 5 AIR-WLC4402-50-K9 1 ASA5540-BUN-K9 2 ATA186-I1-A= 23 C2821-VSEC-SRST/K9 2 CISCO2801-SRST/K9 1 CISCO2801-V/K9 2 Services Agreement Page 14 of 24 PRICING MATRIX Part Number Quantity Unit Purchase Price Extended Purchase Price Annual SmartNet Price/Unit Extended Annual SmartNet Price CISCO2811-SRST/K9 1 CISCO2811-V/K9 4 CISCO2821-V/K9 3 CISCO2921-SEC/K9 1 CP-7911G= 7 CP-7914= 4 CP-7937G= 1 CP-7942G= 27 CUVA-V2= 5 CVPN3005-E/FE-BUN 1 L-LIC-CT2504-5A 1 MCS7835H2-K9-CMA2 1 MCS-7835-H2-RC1 1 MCS-7845-H2-CCX1 2 PWR-RPS2300= 1 VG202 8 VG204 10 VG224 9 VG224-MP 9 WS-C2960-24PC-L 2 WS-C2960C-8PC-L 1 WS-C2960S-24TS-L 2 WS-C2960S-48FPS-L 1 WS-C2960S-48LPS-L 3 WS-C2960S-48TS-L 3 WS-C3560-12PC-S 2 WS-C3560-48PS-S 2 WS-C3560-8PC-S 16 WS-C3560G-48PS-E 1 WS-C3560X-24P-S 4 WS-C3560X-24T-S 1 WS-C3560X-48P-S 2 WS-C3750X-24P-S 9 WS-C3750X-24T-S 2 WS-C3750X-48P-S 2 WS-C3750X-48T-S 8 Services Agreement Page 15 of 24 PRICING MATRIX Part Number Quantity Unit Purchase Price Extended Purchase Price Annual SmartNet Price/Unit Extended Annual SmartNet Price WS-C4900M 4 WS-X4920-GB-RJ45 4 Type Subtotals: PRICING MATRIX Part Number Quantity Unit Purchase Price Extended Purchase Price Annual SmartNet Price/Unit Extended Annual SmartNet Price Contract Type: SNTP C2821-VSEC/K9 1 CISCO7204VXR 1 MCS7835H2-K9-CMA2 2 MCS-7845-H2-ECS2 1 WS-C6509-E 2 WS-C6513 1 Type Subtotals: Equipment and Maintenance Totals: NOTES of Exception, Clarification, Volume Pricing Discounts, Etc.: Services Agreement Page 16 of 24 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 Services Agreement Page 17 of 24 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 Services Agreement Page 18 of 24 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. Services Agreement Page 19 of 24 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, Services Agreement Page 20 of 24 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: Services Agreement Page 21 of 24 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 Services Agreement Page 22 of 24 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. Services Agreement Page 23 of 24 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 EXHIBIT “C” 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.