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HomeMy WebLinkAboutRFP - 7396 PFA FIRE SERVICE RESPONSE PERFORMANCE ANALYSIS SOFTWARE & RUN CARD BUILDER SOFTWARE (2)RFP 7396 PFA Accreditation Analysis & Run Card Software Page 1 of 20 REQUEST FOR PROPOSAL 7396 PFA FIRE SERVICE RESPONSE PERFORMANCE ANALYSIS SOFTWARE & RUN CARD BUILDER SOFTWARE The City of Fort Collins, on behalf of the Poudre Fire Authority, is requesting proposals for two (2) separate software packages that will 1) analyze fire service response performance for a standard of cover study and for 2) fire department automated response run card building. Each package will be reviewed as a separate project and can/should be bid on separately. Proposals may be submitted by E-mail in Microsoft Word or PDF format. E-mail submittal shall be e-mailed to: purchasing@fcgov.com. Written 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), June 29, 2012 and referenced as Proposal No. 7396 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 concerning the scope of the project should be directed to Project Manager Ron Simms at rsimms@poudre-fire.org. Questions regarding bid submittal or process should be directed to Ed Bonnette, C.P.M., CPPB, 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. 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. 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 7396 PFA Accreditation Analysis & Run Card Software Page 2 of 20 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 REQUEST FOR PROPOSAL 7396 PFA FIRE SERVICE RESPONSE PERFORMANCE ANALYSIS SOFTWARE AND RUN CARD BUILDER SOFTWARE TABLE OF CONTENTS 7396 PFA FIRE SERVICE RESPONSE PERFORMANCE ANALYSIS SOFTWARE AND RUN CARD BUILDER SOFTWARE .....................................................................................................4 INTRODUCTION AND SCOPE OF PROJECT ............................................................................4 SOFTWARE OBJECTIVES..........................................................................................................5 PFA TECHNICAL INFORMATION...............................................................................................7 START AND COMPLETION OF WORK......................................................................................7 PROPOSAL FORMAT .................................................................................................................8 PROPOSAL SUBMITTAL REQUIREMENTS ..............................................................................8 VENDOR STATEMENT..............................................................................................................10 AWARD AND CONTRACT PROCESS......................................................................................10 REVIEW AND ASSESSMENT ...................................................................................................11 REFERENCES ...........................................................................................................................12 SAMPLE PROFESSIONAL SERVICES AGREEMENT ............................................................13 RFP 7396 PFA Accreditation Analysis & Run Card Software Page 4 of 20 7396 PFA FIRE SERVICE RESPONSE PERFORMANCE ANALYSIS SOFTWARE AND RUN CARD BUILDER SOFTWARE INTRODUCTION AND SCOPE OF PROJECT The City of Fort Collins, on behalf of the Poudre Fire Authority, is requesting proposals for an experienced fire service data management software firm/s to provide high quality data analysis software products for the purposes of a Standard of Cover study. This would include analyzing response performance, incident coverage by actual drive time as well as automated run card building. The Poudre Fire Authority is dedicated to the protection of lives, property and the quality of life for all of the citizens we serve. Our employees are highly motivated, highly trained professional men and women who take their service to the community very serious. The foundation of our success is based on our commitment to continuous quality improvement at all levels of service delivery. Poudre Fire Authority Administration and the Fire Prevention Bureau are located in downtown Fort Collins at the intersection of Mountain Avenue and Remington Street. Our mailing address is 102 Remington Street Fort Collins, CO 80524. The Poudre Fire Authority (PFA) is a consolidated full-service fire prevention, fire protection and emergency service agency serving the City of Fort Collins and the Poudre Valley Fire Protection District. 183 full-time employees staff ten (10) fire stations and operate ten (10) engine companies, two (2) Trucks, Administration and the Community Safety Services Division. It additionally operates three volunteer fire stations with 30 volunteers. The total service area is 235 square miles completely encompassing the city and fire district. Within the district are the smaller communities of LaPorte, Timnath and Bellvue. In 2009, an estimated 189,000 people lived in PFA's jurisdiction with an estimated property value in excess of 15 billion dollars. The PFA was organized in 1981 with the consolidation of the City of Fort Collins and the Poudre Valley Fire Departments. At that time, both the city and district adopted an intergovernmental agreement establishing the authority. This contract outlines the governance, funding and operation of the authority. A five-person Board of Directors appointed by the City Council and District Board governs PFA. Its members are two city council members and two district board members. The fifth member is chosen jointly by these four and has historically been the Fort Collins City Manager. The Board appoints Poudre Fire Authority's Fire Chief and is currently held by Chief Tom DeMint. The PFA is beginning the process of pursuing accreditation through the Commission on Fire Accreditation International and is seeking to purchase software that will enable it to analyze the performance of fire companies for the purposes of a standard of cover document required in the accreditation process. PFA further would like to be able to analyze system response performance based on changes made to deployment and/or station placement. In addition, the PFA is seeking to automate runcard building for its computer aided dispatch system (CAD) by utilizing software that can integrate with current GIS maps and unit information. RFP 7396 PFA Accreditation Analysis & Run Card Software Page 5 of 20 Each software project should be bid on separately. Vendors need not submit proposals on both software projects to be considered for award. As a result of this RFP, there may be up to two firms awarded software contracts. Also, 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. SOFTWARE OBJECTIVES The goal of the PFA is to provide world class fire service to the community it serves and to meet the mission “To protect citizens and their property by being Prompt, Skillful and Caring”. This involves timely response and an ability to accurately dispatch units to the appropriate locations. PFA desires to have access to daily information on response performance as well as a historical analysis of deployment capabilities. This would include analysis of the distribution, concentration and response reliability of units. Required Services/Deliverables: The software shall, at a minimum, meet the following: FIRE SERVICE RESPONSE PERFORMANCE ANALYSIS SOFTWARE (for SOC Study)  Analyze response performance  Specify alternate fire apparatus locations and scenarios  Calculate response performance and provide graphical displays -Provide reports by call category -Provide reports by individual fire management zones  Automatic color-coding of the service area according to hazard type and time targets  Calibrate response model to mimic real world street network  Estimate of response travel distance based on actual street network  Call-to-scene time estimates based on historical CAD data  Apparatus run-loads and availability for new location scenarios based on historical distribution of incidents  Response performance projections for apparatus relocations calculated to match actual recorded performance  Calculations of both average and percentile response performances for the jurisdiction, station areas and various fire management zones within the service area. Analyze selected incidents in multiple ways using multiple criteria: -Shift -Time of day -Day of week -Month RFP 7396 PFA Accreditation Analysis & Run Card Software Page 6 of 20 -Type of call -Specific unit areas  Displays of response performances for any designated call type (fires, medicals, rescues, hazardous materials etc.)  Capabilities for using, deleting, saving, retrieving, and comparing different analysis scenarios  An easy-to-use interface  Capabilities for specifying and reviewing response performance at specific locations  Compatible with Windows Operating System  Taps into historical CAD data and reviews current workloads and response performance  Performs on-the-spot “what if” analysis of the department’s current performance  Generates objective, factual data to explain departmental performance at all levels  Enables decision-makers to gain insights into current performance  Prints easy-to-understand, color-coded maps for analysis and reporting  Exports color-coded maps to other formats including Microsoft Excel, Word, PowerPoint and in PDF format.  Zooms in for a view of all incident data and factors including landmarks, schools, or other specific identified risks  Calculate workload and response performance for specifying days of the week, times of day, seasons of the year, and incident type groups. Extract incidents of a given type or time period and display their density thematically in a map.  Displaying thematically the percentage of incidents meeting performance targets.  Zoom controls for close-up viewing of all color-coded incidents in an area. ID control to obtain all details about an incident including number, date, location, etc.  Review current coverage using different response criteria  Experiment with different time targets  Calculate response performance reports by individual fire management zones  Plot incident plots along with the line-up and response performance info  Plot unit response plots along with their response performance  Analyze the frequency with which units respond outside their first due areas for purposes of response reliability  Compare peak vs. non-peak response times  Identify whether the CAD is dispatching the wrong units RFP 7396 PFA Accreditation Analysis & Run Card Software Page 7 of 20  Analyze the effect of changes in deployment RUN CARD BUILDER SOFTWARE  Build run cards (station/unit orders) for given dispatch grids and given station locations  Re-construct run cards based on changes in road networks—closings, additions, etc.  Model mutual-aid stations without requiring mutual-aid maps  Compare departmental and mutual aid station response with a common benchmark  Add/delete street segments and view their impact on the run cards  Simulate field deployment changes and rebuild run cards within minutes  View station/unit running routes “on the fly”  Create and retrieve different field simulation scenarios with different run cards  Perform basic street network QA (i.e. identifying island segments, etc.)  Export run cards in a format suitable for CAD import Training  Software vendor will provide adequate training on the use of both/each product PFA TECHNICAL INFORMATION PFA is primarily a Microsoft Windows shop with a splash of VMWare. AS such, we are assuming that most vendors responding with proposals for this RFP will be using Microsoft Windows Server with SQL server as their database. As part of your proposal under Methods and Approach, vendors are to include your response to the following: ___ YES, WE will be using Microsoft Windows Server with SQL server as our database ___ NO, We will NOT be using Microsoft Windows Server with SQL server as our database. As an alternative we propose: (Respond with details here) START AND COMPLETION OF WORK The tentative schedule for this project/process is as follows: June 29, 2012 Proposals Due Week of July 16, 2012 Interviews with Top Responders AS PART OF YOUR PROPOSAL RESPONSE UNDER “AVAILABILITY”, PLEASE INDICATE YOUR AVAILABILITY FOR ON-SITE SYSTEM DEMONSTRATION/ INTERVIEW IN FORT COLLINS, COLORADO THE WEEK OF JULY 16 IN THE EVENT YOUR ARE INVITED FOR THE INTERVIEW ROUND. RFP 7396 PFA Accreditation Analysis & Run Card Software Page 8 of 20 VENDORS MAY ALSO OPT TO CONDUCT A “WEBINAR-STYLE” DEMONSTRATION/INTERVIEW MEETING REMOTELY IF SELECTED FOR THE INTERVIEW ROUND. IF YOU ELECT THIS OPTION, PLEASE INDICATE UNDER “AVAILABILITY” IN YOUR PROPOSAL RESPONSE. July 27, 2012 Contract Approved September 7, 2012 Configuration Complete Week of Sept 28, 2012 Training Complete PROPOSAL FORMAT This section instructs respondents on procedures related to the submission of proposals. 1. The title page of the proposal must contain your name, address, telephone number, principal contact, fax number and email address. 2. The proposal should contain a table of contents. PROPOSAL SUBMITTAL REQUIREMENTS The City of Fort Collins and Poudre Fire Authority 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 “installation strategy”. Describe the anticipated interaction with the PFA and the resources you expect to require them to provide. Provide a timeline of your anticipated schedule for completing consultant tasks. 2. Deliverables: Given the list above under Required Services/Deliverables and SERVICES REQUIRED, provide us with your plan to achieve them (not to exceed two pages). 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  Minimum of three years experience working with design, development, and implementation of the described software  Years of experience related to overall software design and development. Provide a list of comparable installations, including at least three (3) municipalities and governmental agencies (preferably fire departments if you have them), performed by your company. Include the website address, company/agency contact person, address, telephone number. These companies/agencies may be contacted for references.  Please provide a sample of any installations you have done similar to ours. 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 RFP 7396 PFA Accreditation Analysis & Run Card Software Page 9 of 20 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 PFA Project Manager a. Proposal should be all encompassing, with a single vendor identified as the “responsible lead vendor.” Please indicate any needed subcontracted services required to meet the needs of the proposal or clearly indicate what portion of the services are not included as part of your proposal. b. Include what and where assistance will be required from PFA staff in order to complete the project. 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. 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 and SERVICES REQUIRED OF SELECTED VENDOR. All direct costs (i.e., travel, printing, postage, etc) specifically attributed to the project and not included in the billing rates must be identified. a. The proposal should include necessary software and hardware, any additional communication requirements, integration needs and potential costs necessary to host and maintain the software (i.e. hardware, software, installation, licensing, training, ongoing maintenance fees, etc.). b. The proposal should contain the total project cost, as well as detailed “line item” costs for components/phases of the project. All hourly rates and fees, charges, costs and anticipated reimbursable costs must be clearly stated. RFP 7396 PFA Accreditation Analysis & Run Card Software Page 10 of 20 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 PROFESSIONAL SERVICES WORK ORDER AGREEMENT with the City of Fort Collins on behalf of the Poudre Fire Authority within 30 days of notice of award. If contract is not completed and signed within 30 days, the City and PFA reserve the right to cancel and award to the next highest rated firm. NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. VENDOR IS TO ALSO INCLUDE THE REQUIRED INSURANCE CERTIFICATE NAMING THE CITY OF FORT COLLINS AND THE POUDRE FIRE AUTHORITY AS ADDITIONAL INSUREDS. 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 and PFA reserve the right to award directly as a result of the written proposals. The City and PFA may or may not opt to conduct oral interviews. 2. The selected Contractor shall be expected to sign the City’s standard Professional Services Work Order Agreement prior to commencing Services (see sample attached to this Proposal). 3. The City and PFA reserve the right to negotiate with any vendor as meets the needs of the City and PFA. The City and PFA reserve the right to reject any or all proposals, and to waive any irregularities. RFP 7396 PFA Accreditation Analysis & Run Card Software Page 11 of 20 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 7396 PFA Accreditation Analysis & Run Card Software Page 12 of 20 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? 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 990-42 Fire and Safety Services RFP 7396 PFA Accreditation Analysis & Run Card Software Page 13 of 20 SAMPLE PROFESSIONAL SERVICES AGREEMENT PROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below by and between THE POUDRE FIRE AUTHROITY, COLORADO, and the CITY OF FORT COLLINS, a Municipal Corporation, acting on behalf of the Poudre Fire Authority, hereinafter referred to as the "PFA" and CITY, and , hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with any project Work Orders for , issued by the City on behalf of PFA. A blank sample of a work order is attached hereto as Exhibit "A", consisting of ( ) pages and is incorporated herein by this reference. The PFA 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. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work Order. 3. Time of Commencement and Completion of Services. 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. 4. Contract Period. [Option 1] This Agreement shall commence , 20 , and shall continue in full force and effect until , 20 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. RFP 7396 PFA Accreditation Analysis & Run Card Software Page 14 of 20 Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to contract end. 5. 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 Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this agreement shall be effective when mailed, postage prepaid and sent to the following address: Professional: City: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 With Copy to: City of Fort Collins Attn: Purchasing PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Insurance and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City its officers and employees, in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City and for the City's costs and reasonable attorney’s fees arising directly or indirectly out of the Professional's RFP 7396 PFA Accreditation Analysis & Run Card Software Page 15 of 20 negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of . 7. Compensation. In consideration of services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis designated in Exhibit "B", consisting of ( ) page(s), attached hereto and incorporated herein by this reference. At the election of the City, each Work Order may contain a maximum fee, which shall be negotiated by the parties hereto for each such Work Order. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant to the Work Order and upon approval of the Professional's direct reimbursable expenses. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 8. PFA/City Representative. The PFA/City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the PFA/City Representative. 9. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the PFA/City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the owner in and AutoCAD version no older then the established city standard. RFP 7396 PFA Accreditation Analysis & Run Card Software Page 16 of 20 10. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any Work Order and every thirty days thereafter, Professional is required to provide the PFA/City Representative with a written report of the status of the work with respect to the Work Order, Work Schedule and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 11. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the PFA nor the City of Fort Collins. The PFA/City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 12. Personal Services. It is understood that the PFA/City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the PFA/City. 13. Acceptance Not Waiver. The PFA’s/City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The PFA’s/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 PFA/City under this Agreement. 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. 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 RFP 7396 PFA Accreditation Analysis & Run Card Software Page 17 of 20 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, personal representatives, successors and assigns of said parties. 17. 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. 18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a RFP 7396 PFA Accreditation Analysis & Run Card Software Page 18 of 20 subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the PFA/City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the PFA/City arising out of Professional’s violation of Subsection 8-17.5- 102, C.R.S. g. The PFA/City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C", consisting of ( ) page(s), attached hereto and incorporated herein by this reference. RFP 7396 PFA Accreditation Analysis & Run Card Software Page 19 of 20 THE CITY OF FORT COLLINS, COLORADO By: _________________________________ James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management Date: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney [Insert Professional's name] or [Insert Partnership Name] or [Insert individual's name] or Doing business as [insert name of business] By: _________________________________ Title: _______________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _______________________________ ATTEST: _________________________________ (Corporate Seal) Corporate Secretary RFP 7396 PFA Accreditation Analysis & Run Card Software Page 20 of 20 EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN POUDRE FIRE AUTHORITY/THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: _____________________________________________________________________ Scope of Services: _____________________________________________________________________ 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. The attached forms consisting of ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. Professional By:_______________________________ Date:_____________________________ City of Fort Collins By: ______________________________ James B. O’Neill II, CPPO, FNIGP Director of Purchasing and Risk Management (over $60,000.00) Date: ____________________________