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.
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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
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-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
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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.
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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
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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.
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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.
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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?
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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
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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.
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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
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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.
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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
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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
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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: ____________________________