HomeMy WebLinkAboutRFP - 7542 PERFORMANCE MEASUREMENT SOFTWARE (2)RFP 7542 Performance Measurement Software Page 1 of 26
REQUEST FOR PROPOSAL
7542 PERFORMANCE MEASUREMENT SOFTWARE
The City of Fort Collins is seeking a vendor for Performance Measurement Software,
Consulting, and project administration. The vendor hired through the RFP process will
work in partnership with City staff to plan, configure and deploy Performance
Measurement Software and migrate existing data from our existing source (Excel), set
up new functionality, and create efficiencies.
Proposals may be submitted by E-mail in Microsoft Word or PDF format. The
attached Xcel spreadsheet, which must be filled out and returned with your
proposal, should be returned in Xcel format. E-mail submittals shall be e-mailed
to: purchasing@fcgov.com. If submitting hard copy proposals, seven (7) 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), August 16, 2013 and referenced as Proposal No. 7542. If delivered, they are
to be sent to 215 North Mason Street, 2
nd
Floor, Fort Collins, Colorado 80524. If mailed,
the address is P.O. Box 580, Fort Collins, 80522-0580.
The City encourages all disadvantaged business enterprises to submit proposals in
response to all requests for proposals and will not be discriminated against on the
grounds of race, color, national origin for all proposals for negotiated agreements.
Questions concerning the scope of the project should be directed to Project Manager,
Lawrence Pollack at (970) 416-2439 or lpollack@fcgov.com.
Questions regarding bid submittal or process should be directed to Pat Johnson, CPPB,
Buyer, at 970-221-6816 or pjohnson@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, and
discount information. Summary price information may not be designated as
proprietary as such information may be carried forward into other public documents. All
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 7542 Performance Measurement Software Page 2 of 26
provisions of any contract resulting from this request for proposal will be public
information.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council,
shall have a financial interest in the sale to the City of any real or personal property,
equipment, material, supplies or services where such officer or employee exercises
directly or indirectly any decision-making authority concerning such sale or any
supervisory authority over the services to be rendered. This rule also applies to
subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment,
kickback or any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal
will be rejected and reported to authorities as such. Your authorized signature of this
proposal assures that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive
any irregularities or informalities.
Sincerely,
Gerry S. Paul
Director of Purchasing & Risk Management
RFP 7542 Performance Measurement Software Page 3 of 26
REQUEST FOR PROPOSAL
7542 PERFORMANCE MEASUREMENT SOFTWARE
A. GENERAL DESCRIPTION
The City of Fort Collins (City) is seeking a vendor to provide and install Performance
Measurement Software. The software package will be used to enter and store all of our
performance measurement data, generate online and exportable reports, and incorporate
strategy maps to align measures with our strategic plan. The software should accommodate
project management of initiatives linked to metrics, although that will not be included in the
initial scope of the project.
B. BACKGROUND
As a data driven organization we have used performance measurement in all aspects of City
operations. The City's evolution with performance measurement continued this year with
the launch of our Community Dashboard (www.fcgov.com/performancemeasurement). This
quarterly reporting tool contains high-level strategic metrics indicating performance relative
to our seven strategic outcomes.
Our next step is to consolidate all of our business plan level metrics (about 350) into a single
application to facilitate various types of reporting both internally and externally, as well as
clearly show our performance relative to 1) our strategic plan and 2) the programs and
services funded through our budget process (initiatives). This is in response to an
"opportunity for improvement" to put in place a systematic, enterprise-wide performance
measurement system as identified in our most recent application to Rocky Mountain
Performance Excellence. That organization is our regional equivalent to Malcolm Baldrige.
The Budget Department, in partnership with the Information Technology (IT) Department, is
looking for creative proposals for flexible pricing models that can provide the necessary
application and consulting support. In addition, the City of Fort Collins allows other
Public Agencies the opportunity to purchase off the Award for this Bid, at the option
of the Awarded Vendor(s).
C. SCOPE OF WORK
The primary objective of the software is to collect and store performance measurement data
and facilitate a wide variety of reporting on that data. The software should provide robust
report writing and search capabilities, with the ability to link each measure to multiple,
specific categories (e.g. owner, department, strategic outcome, strategic objective(s),
initiative(s), other measures, etc.). The City will have up to 40 named users using the
software.
Required Services/Deliverables:
The vendor’s proposed software solution is expected to address and accomplish the
following. Vendors are to address each in their proposal:
1. Project Success Factors:
a. Data conversion including documented methodology to convert existing data in
Microsoft Excel to the new system – including, but not limited to, requirements
definition, analysis of files, design, development and testing of conversion programs,
installation and acceptance.
b. Creation of scorecards with Red/Yellow/Green performance indicators with a target
completion of October 2013. Implementation of various scorecards and reports.
RFP 7542 Performance Measurement Software Page 4 of 26
c. Linkage of metrics to strategy maps by the end of Q1 2014 (March 31, 2014)
d. Ability to dynamically create/call a URL or formatted file to display charts and graphs
outside of the application, or equivalent solution to view charts and graphs by the
end of Q1 2014
2. Basic Deliverables:
a. Provide a short description of your product, including the current version number.
b. Training for Budget staff (administrators) and end-users, as applicable.
c. If a hosted or cloud-based solution, how does the City get access to the underlying
data for use with our existing Business Intelligence (BI) tools? Describe the
advantages/disadvantages of hosted or cloud based.
d. Ongoing technical support.
e. Manuals and Documentation?
3. In addition, the vendor will also address the capability of their software for the following
items:
a. Manual data entry
b. Report design & queries
c. Audit
d. Security
e. Interfaces
f. System configuration
g. Future potential implementation of Project Management functionality and Extract,
Transform and Load (ETL) capability from other source systems of record
4. List additional services that would be valuable to the success of this project. Include
appropriate detail to show the value added. Cost of the services shall also be detailed in
your proposal.
5. Lastly, the PERFORMANCE MEASUREMENT SOFTWARE DELIVERABLES
SPREADSHEET is to be used by the vendor to describe your proposed software
solution’s abilities to comply with the detailed list of features the City is seeking in the
proposed software solution.
D. BUDGET FOR THIS PROJECT
The City has a budget of $150,000 available for this project.
E. PROPOSAL SUBMITTAL REQUIREMENTS:
The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and
presentation of their proposal.
In order to simplify the review process and maximize the degree of comparative analysis,
the RFP Response should be organized in the following manner:
1. Methods and Approach: Describe your expected or recommended approach, including a
clear and detailed description of your proposed “system cutover strategy” (i.e.,
implementation strategy). Describe the anticipated interaction with the City. Provide an
outline of your anticipated schedule for completing consultant implementation tasks
including an implementation timeline. This should be in Executive Summary format that
briefly describes how you will accomplish the following:
RFP 7542 Performance Measurement Software Page 5 of 26
a. Data conversion from Microsoft Excel spreadsheet into your software
b. Training of City staff (administrators and end-users).
c. Creation of scorecards with Red/Yellow/Green performance indicators for each
metric with a target completion of October 2013.
d. Linkage of metrics to strategy maps by the end of Q1 2014.
e. Ability to dynamically create/call a URL or formatted file to display charts and graphs
outside of the application, or equivalent solution to view charts and graphs by the
end of Q1 2014.
f. Define mobile device compatibility and functionality.
g. Ongoing technical support.
h. If not a hosted solution, define ability to operate in the following environment: Server
Platform - Windows platform, Windows Server 2008 R2, VMWare compatible,
VMWare 5 and Database - Oracle 11g or SQL Server 2008.
i. Provide a detailed implementation plan and schedule that documents the
implementation steps with stated start dates, completion dates and assigned task
responsibilities for both City and Vendor.
j. Describe the system security and safeguards to prevent access to data and hacking.
k. Future engagements/consulting to implement system functionality like project
management and ETL interface with our data warehouse. Provide costs.
2. Deliverables: Given the list above under Required Services/Deliverables, provide us
with your plan to achieve them (not to exceed two pages). ALSO MANDATORY:
PERFORMANCE MEASUREMENT SOFTWARE DELIVERABLES SPREADSHEET
MUST BE FILLED OUT COMPLETELY AND RETURNED ELECTRONICALLY AS
PART OF YOUR PROPOSAL. PROPOSALS NOT INCLUDING IT WILL BE
CONSIDERED NON-RESPONSIVE AND WILL NOT BE EVALUATED.
The City of Fort Collins has identified functions that are required, are important or are
desired in the new Performance Measurement Software. The list of functions has been
attached as a separate Microsoft Excel file. The City realizes that no single off-the-shelf
software system is likely to meet all the requirements listed in the Functional
Requirements matrix. The City will select the submittal that represents the best
combination of requirements satisfied along with additional features, cost and suitability.
Columns B, C, and D in the spreadsheet identify the relative importance of the function
to The City of Fort Collins as follows:
a. M (Mandatory)
Requirements are features or functionalities that must be provided by the Vendor to
fulfill the core mission of The City of Fort Collins. If the feature or functionality is not
within the Commercial Off-the-Shelf (COTS) standard product, the Vendor must
clearly identify this fact or indicate that it can be provided through customization. Any
cost required to implement this feature through customization must be included and
clearly identified as an optional cost in the submittal.
b. I (Important)
RFP 7542 Performance Measurement Software Page 6 of 26
Requirements are features or functionalities that are advantageous to The City of
Fort Collins and enhance the functionality of the Performance Measurement
Software, but are not necessarily required as part of the initial implementation
covered by this RFP process.
c. D (Desired)
Requirements are features or functionalities that would be worthwhile to have in the
initial implementation, but may not be available from the Vendor or The City of Fort
Collins.
d. Columns F, G, and H in the spreadsheet must be filled in by the Vendor to show
whether their COTS products are fully “Compliant”, “Partially Compliant” or “Not
Compliant” with the stated requirement as defined below:
• All functions identified with a “Compliant” response shall be assumed to be
available in Ready to Manufacture (RTM) form at the time of submittal (i.e.
beyond release candidate and beta testing) and each Vendor should be prepared
to possibly demonstrate this feature during the System Demonstrations and
Product Evaluations.
• All functions identified with a “Partially Compliant” response shall require further
explanation from the Vendor in the “Comments” section. If the Vendor fails to
provide an accompanying elaboration for the “Partially Compliant” status, The
City of Fort Collins shall consider the requirement to be “Not Compliant”.
• All functions identified with a “Not Compliant” response shall be assumed to
mean that the Vendor cannot or will not be able to meet this requirement without
further customization or development of the COTS product.
e. Column I allows each Vendor to provide comments that qualify its answers and to
document any assumptions made when responding. The comments should enhance
The City of Fort Collins’s understanding of how the Vendor proposes to meet the
requirement. The Comments column is provided for Vendors to provide the following
information:
• Current or Planned Availability – Unless otherwise specified in the Comments
section, The City of Fort Collins will assume that the requirement is currently
available from the Vendor.
• Included or Not Included – Unless otherwise specified in the Comments section,
the City of Fort Collins will assume that the requirement will be included by the
Vendor. Each Vendor should also indicate in the comments if the requested
feature requires any other optional component or module in order to be
implemented and if the component/module is a COTS product or one that
requires additional development. Cost of the additional development should be
included in your proposal.
• Limited or Additional Functionality – The Vendor should identify any limitations in
how its product fulfills this requirement or describe any functionality in its product
that exceeds this requirement.
• Simultaneous Compliance of Functions – Unless otherwise specified in the
Comments section, The City of Fort Collins will assume all compliant functions
can be simultaneously compliant with other compliant functions.
RFP 7542 Performance Measurement Software Page 7 of 26
• Pertinent Comments – The Vendor may include any comments it considers
relevant to the discussion.
3. Qualifications and Experience: Provide relevant information regarding previous
experience related to this or similar Projects, to include the following (Please limit this to
a maximum of two pages.):
a. Brief Company History including time in business. Include: Names of principal
owners, partners or officers; Length of time the firm has been in business;
Number of offices and locations; Offices and personnel that would service this
account; and Percent turnover that your firm has experienced in the past two
years.
b. Minimum of three years of experience in Performance Measurement Software
development, installation, set-up and configuration
c. List of all municipalities currently using your Performance Measurement
Software. Provide us with the contact’s name, email address and phone number.
d. Minimum of three similar municipal projects that demonstrate experience in an
organization that successfully implemented or started a Performance
Measurement Software Deployment in the last 3 years. Include the name,
address, email and phone number of agency contact overseeing the planning
effort.
4. List of Project Personnel: This list should include the title and name of the contact
person with primary responsibility for this contract, the title and name of the proposed
personnel for this contract, and any supervisory personnel, including partners and/or sub
consultants, and their individual areas of responsibility.
A resume for each professional and technical person assigned to the contract, including
partners and/or sub consultants, shall be submitted. The résumés shall include at least
three references from previous assignments with public entities; education and length of
time with each position. (Please limit this to a maximum of two pages per person.):
5. List of pending software upgrades and release dates: List the recent upgrades, pending
upgrades and release dates. Provide information about the frequency of upgrades and
any associated fees.
6. Training: Describe suggested training programs for administrators and end users.
Provide detail as to what is included in each program, complete with a cost for each if it
is not included. Include detail about what training can be done remotely.
7. Maintenance & Support: Provide a description of maintenance & support programs that
are available. Provide the cost if not included in your software cost. The City prefers that
the pricing be held firm for a minimum of two years with a not to exceed increase of no
greater than 5% in the following years.
8. 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 after
RFP 7542 Performance Measurement Software Page 8 of 26
Contract award will need to be approved by the City of Fort Collins Project
Manager.
9. Availability: Describe the availability of project personnel to participate in this project
given the requirements in the section Required Services/Deliverables in the context of
the consultant firm’s other commitments.
10. Estimated Hours by Task: Provide estimated hours for each proposed or optional task in
the Required Services/Deliverables, including the time required for meetings, conference
calls, etc.
11. Payment: The City anticipates making payments to the contractor as the following
milestones are successfully achieved: licenses provided; creation of scorecards; linkage
of metrics to strategy maps; and a formatted file or a URL created to display charts and
graphs outside of the application.
12. Schedule of Rates and fees, provide the following:
a. A schedule of billing rates by category of employee to be used during the term of the
contract.
b. An anticipated cost of each task identified in the section Required
Services/Deliverables or for tasks that are recommended as part of this planning
effort.
c. Additional modules available
d. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project
and not included in the billing rates must be identified.
e. Provide a breakdown of cost for the licenses.
f. Provide for additional users should the City decide to add users.
g. Provide costs for maintenance & support as well as upgrades.
13. Demonstration Process: Selected contractors should be prepared to provide a
demonstration of their product. The demonstration process will be scheduled in three to
four hour blocks, one per selected contractor. All required reporting requirements will be
reviewed along with day to day functionality and the ability to complete the project
success factors. In the event your firm is selected to proceed to an oral interview/demo
phase; please indicate your availability to participate the week of 9 September 2013 as
part of your proposal.
RFP 7542 Performance Measurement Software Page 9 of 26
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 the attached agreements with the City of Fort Collins within 30
days of notice of award. If contract is not completed and signed within 30 days, City reserves the right
to cancel and award to the next highest rated firm.
NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL.
FIRM NAME:
ADDRESS:
EMAIL ADDRESS: PHONE:
BIDDER’S NAME:
SIGNATURE:
PRIMARY SERVICES ISSUES CONTACT:
TELEPHONE: FAX:
EMAIL:
CELL: EMERGENCY:
BACKUP:
Award and Contract Process
1. The City reserves the right to award directly as a result of the written proposals. The City may
or may not opt to conduct oral interviews/online demos.
2. The selected Contractor shall be expected to sign the City’s standard Agreement prior to
commencing services (see sample attached to this Request for Proposal).
3. The City reserves the right to negotiate with any vendor as meets the needs of the City. The
City reserves the right to reject any or all proposals, and to waive any irregularities.
PLEASE GO TO www.fcgov.com/purchasing TO REGISTER IN OUR E-PROCUREMENT SYSTEM
FOR FUTURE BID OPPORTUNITIES! BE SURE TO SELECT ALL APPROPRIATE COMMODITY
CODES.
COMMODITY CODES USED FOR THIS RFP:
918-29 Computer Software Consulting
208-10 Accounting/Financial: Bookkeeping, Billing and Invoicing, Budgeting, Payroll, Taxes, etc.
208-11 Application Software, Microcomputer
208-37 Database Software
208-53 Integrated Software
209-11 Accounting/Financial: Bookkeeping, Billing and Invoicing, Budgeting, Payroll, Taxes, etc
209-38 Database Software
209-83 Software, Mini/Mainframe Computer (Not Otherwise Classified)
920-07 Applications Software for Microcomputer Systems: Business, Mathematical/Statistical,
Medical, Scientific, etc.
RFP 7542 Performance Measurement Software Page 10 of 26
F. 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/Firm
Capability
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? Does the firm
have the support capabilities the assigned personnel
require? Has the firm completed previous projects of this
type and scope?
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?
2.0 Functionality
Capability to complete mandatory requirements and
ability to address partially compliant and non-compliant
responses as listed in the Requirements document.
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?
RFP 7542 Performance Measurement Software Page 11 of 26
References
The Project Manager will check references using the following criteria. The evaluation rankings will
be labeled Satisfactory/Unsatisfactory.
QUALIFICATION STANDARD
Overall Performance
Would you hire this Professional again? Did they show
the skills required by this project?
Timetable
Was the original Scope of Work completed within the
specified time? Were interim deadlines met in a timely
manner?
Completeness
Was the Professional responsive to client needs? Did
the Professional anticipate problems? Were problems
solved quickly and effectively?
Budget
Was the original Scope of Work completed within the
project budget?
Job Knowledge If a study, did it meet the Scope of Work?
RFP 7542 Performance Measurement Software Page 12 of 26
SOFTWARE LICENSE AGREEMENT
This Software License Agreement (“Agreement”) is entered in to between THE CITY OF
FORT COLLINS, COLORADO, a municipal corporation (“City”) and , hereinafter
(“Company”), and shall be effective on the date signed by the City.
1. Definitions
a. Software. The term “Software” shall mean the computer program in object code and
source code and the user manuals described in the specifications set forth in Exhibit “A,”
Statement of Work. The term “Software” includes any corrections, bug fixes,
enhancements, updates or other modifications, including custom modifications, to such
computer program and user manuals.
b. Certificate of Installation. The term “Certificate of Installation” shall mean a written
notice, signed by Company and acknowledged by the City, certifying that the Software
has been installed, that the Software substantially complies with the specifications set
forth in Exhibit “A,” that the software has been fully configured and that the master
records (“rules”) for the operation of the program have been established and that the
training of City employees is complete.
2. License
a. Grant of License. Company grants City, pursuant to the terms and conditions of this
Agreement, a perpetual, nonexclusive, nontransferable license to use the Software.
b. Authorized Equipment and Site. City shall use the Software on the computers used
for City business.
c. Restrictions on Use. City agrees to use the Software only for City’s business, including
any collaborative services with other governmental entities, provided appropriate
licensing fees have been paid to the Company.
d. Copies. City may make archival copies of the Software’s computer program,
provided that the copies shall include Company’s copyright and any other proprietary
notices.
e. Modifications, Reverse Engineering. City agrees that only Company shall have the right
to alter, maintain, enhance or otherwise modify the Software. City shall not
disassemble, decompile or reverse engineer the Software’s computer program.
f. User Manuals. Company shall provide City with a minimum of three paper copies
and one CD copy of the user manuals, and the manuals shall be updated with each new
release of the Software and shall be updated no less than annually.
g. Personnel. Company personnel working with the City shall be acceptable to the City.
RFP 7542 Performance Measurement Software Page 13 of 26
3. Delivery, Installation, Data Conversion, Testing and Acceptance.
All activities related to the implementation of the Software shall proceed in accordance with
Exhibit “B”, Implementation Schedule. Each activity listed in Exhibit B shall include both a
start date and completion date. In addition, the Implementation Schedule shall incorporate
the following specific activities.
a. Delivery. Company shall deliver the Software to the City location(s) specified by the
Information Services Director of the City within a mutually agreed time after the effective
date of this Agreement.
b. Installation. Company shall install the Software at the locations designated. City shall
grant Company access to the location(s) and the computer system(s) for the period of
time required for such installation.
c. Data Conversion. Data conversion, data entry and verification of data shall be
completed in accordance with the specifications of City as set forth in Exhibit “A.”
d. Testing. City shall have thirty (30) days, commencing upon delivery of the
Certificate of Installation, to test the Software for substantial compliance with the
specifications set forth in Exhibit “A” (the “Testing Period”). City shall provide notice to
Company of any failure of the Software to comply with such specifications. Upon receipt
of such notice, Company shall use its best efforts to remedy the failure and install a fix
within five (5) days. If City provides such notice to Company, the Testing Period, at
City’s option, may be extended for thirty (30) days after Company asserts to City that the
problem has been fixed.
e. Acceptance. Acceptance shall occur upon City’s delivery of notice to Company that the
Software substantially complies with the specifications set forth in Exhibit “A”.
4. License Fee
a. In General. In consideration for the license(s) granted by Company under this
Agreement as set forth in Exhibit “C”, Pricing Quotation, City shall pay Company a fee,
not to exceed $ .
b. Payment Terms. Each installation of the License Fee shall be due and payable in
accordance with the Payment Schedule, which is incorporated into Exhibit “B”,
Implementation Schedule. All amounts are due thirty (30) days from receipt of invoice
by City from Company.
5. Ownership
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a. Title. City and Company agree that Company owns all proprietary rights, including
patent, copyright, trade secret, trademark and other proprietary rights, in and to the
Software and any corrections, bug fixes, enhancements or updates to the Software.
b. Transfers. Under no circumstances shall City sell, license, publish, display,
distribute, assign or otherwise transfer to a third party the Software or any copy thereof,
in whole or in part, without Company’s prior written consent, except in when City is using
the Software to provide collaborative services with other governmental entities and the
appropriate licensing fees have been paid to the Company for this usage.
6. Confidential Information
Company agrees not to use City data except when specifically authorized by City, and to
treat all City data as confidential. City agrees to maintain the confidentiality of proprietary
information identified as such by Company to the extent allowed by law.
7. Warranty
Company warrants to City that for a period of one year commencing upon Acceptance, the
Software will substantially comply with the specifications set forth in Exhibit “A.” During this
warranty period, Company shall also provide City the support and maintenance services set
forth in the Software Maintenance Agreement appended hereto as Exhibit “D.” After
expiration of the warranty period, Company shall provide support and maintenance for the
Software pursuant to the terms of such Maintenance Agreement.
8. Indemnification
Indemnity Company shall indemnify and hold harmless City from and against any claims,
including reasonable legal fees and expenses, based upon infringement of any copyright or
patent by the Software. City agrees to notify the Company of any such claim promptly in
writing and to allow Company to control the proceedings. City agrees to cooperate fully with
Company during such proceedings. Company shall defend and settle at its sole expense all
proceedings arising out of the foregoing. In the event of such infringement, Company may
replace, in whole or in part, the software with a substantially compatible and functionally
equivalent computer program or modify the Software to avoid the infringement.
9. Insurance
Company agrees to maintain workers’ compensation and employer’s liability insurance at
the statutory limits. Company will also maintain a commercial general liability policy in the
amount of $500,000.00 per occurrence; $1,000,000.00 aggregate’ $1,000,000.00 products
and completed operations aggregate
10. Source Code
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The uninterrupted availability of the Software is critical to City in the operation of its
business. Company agrees to provide the source code to the Information Services Director
of City.
11. Term and Early Termination by the City
a. Effective Date. This Agreement and the license granted hereunder shall take effect
upon the date the City executes this Agreement.
b. Termination. City shall have the right to terminate this Agreement upon giving fifteen
(15) days’ notice.
c. Within thirty (30) days after termination of the license, City will return to Company, at
Company’s expense, the Software and all copies thereof or delete or destroy all other
copies of the Software and inform the Company that the Software has been returned or
all copies deleted or destroyed, and its use discontinued. In the event the City
terminates the Agreement prior to completion of the project, Company shall
promptly return any fees paid by the City for the Software license.
12. Force Majeure
Neither party shall be in default or otherwise liable for any delay in or failure of its
performance under this Agreement if such delay or failure arises due to any act of God, any
acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots,
failures or delay in transportation or communications; provided, however, that lack of funds
shall not be deemed to be a reason beyond a party’s reasonable control. The parties will
promptly inform and consult with each other as to any of the above causes, which in their
judgment may or could be the cause of a delay in the performance of this Agreement.
13. 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.
14. 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.
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15. Notices
All notices under this Agreement shall be effective when mailed, postage prepaid and sent
to the following addresses:
COMPANY: WITH A COPY TO: CITY:
City of Fort Collins
Attn: Purchasing
P.O. Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: City Attorney
P.O. Box 580
Fort Collins, CO 80522
16. General Provisions.
a. Complete Agreement. This Agreement, its attachments, the City’s Request for Proposal
and the Company’s Response to the Request for Proposal are the complete and
exclusive statement of the agreement between the parties, which supersedes and
merges all prior proposals, understandings and all other agreements, oral or written,
between the parties relating to this Agreement.
b. Order of Precedence. In the event of any conflict or inconsistency among documents
related to this Agreement, said conflict or inconsistency shall be resolved by giving
precedence as follows: (1) the Software License Agreement; (2) the Request for
Proposal; (3) the Company’s response to the Request for Proposal.
c. Amendment. This Agreement may not be modified, altered or amended except by
written instrument duly executed by both parties, except that address for notice may be
changed as provided in section 15.
d. Waiver. The waiver or failure of either party to exercise in any respect any right provided
for in this Agreement shall not be deemed a waiver of any further right under this
Agreement.
e. Severability. If any provision of this Agreement is invalid, illegal or unenforceable under
any applicable statute, court decision or rule of law, it is to that extent to be deemed
omitted. The remainder of the Agreement shall be valid and enforceable to the
maximum extent possible.
f. Survival. All provisions of this Agreement, that by their nature would reasonably be
expected to continue after the termination of this Agreement, will survive the termination
of this Agreement.
g. Governing Law. This Agreement and performance hereunder shall be governed by the
laws of the State of Colorado. Venue for any cause of action arising hereunder shall be
in Larimer County, Colorado.
h. Read and Understood. Each party acknowledges that it has read and understands this
Agreement and agrees to be bound by its terms.
RFP 7542 Performance Measurement Software Page 17 of 26
THE CITY OF FORT COLLINS, COLORADO
By: __________________________________
Gerry S. Paul
Director of Purchasing and Risk Management
Date: ________________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
[Insert Corporation's name] or
[Insert Partnership name] or
[Insert individual's name]
Doing business as ____[insert name of business]
By:_______________________________
__________________________________
PRINT NAME
__________________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:_____________________________
ATTEST: (Corporate Seal)
_____________________________
CORPORATE SECRETARY
RFP 7542 Performance Measurement Software Page 18 of 26
EXHIBIT “A”
STATEMENT OF WORK
RFP 7542 Performance Measurement Software Page 19 of 26
EXHIBIT “B”
IMPLEMENTATION AND PAYMENT SCHEDULE
RFP 7542 Performance Measurement Software Page 20 of 26
EXHIBIT “C”
PRICING QUOTATION
RFP 7542 Performance Measurement Software Page 21 of 26
EXHIBIT “D”
SOFTWARE MAINTENANCE AGREEMENT
This Software Maintenance Agreement (“Agreement”) is entered into between the CITY OF
FORT COLLINS, COLORADO, a municipal corporation, hereinafter “City” and ,
hereinafter “Company”, and shall be effective on the date signed by the City.
1. Scope of Agreement.
a. General. Company agrees to provide City standard maintenance, on-site support, and
training services for the computer programs and user manuals listed below (collectively
“Software”) and regular upgrades including enhancements and user manuals.
b. Software. This agreement covers the software described in Exhibit “A” of the Software
License Agreement between the City of Fort Collins, Colorado and Company dated
.
Company shall provide updates to the software as required in order that the software
reflect current federal and state laws or requirements of the federal or state government
or federal or state regulatory agencies.
c. User Manuals. When this agreement refers to “User Manuals,” it shall include any user
manuals which are designed for the software and any user manuals listed in Exhibit “A”
and all manuals provided to users for the software listed above. At least three (3) user
manuals shall be provided in paper format and one (1) in CD format. The user manuals
shall be updated with each new release of the software and shall be update at least
annually.
2. Term
This Agreement shall be effective for one year from the effective date, and may be renewed
at the City’s option for up to four additional one year periods unless sooner terminated as
provided herein. Such renewals shall be subject to sufficient funds being appropriated
annually by the Fort Collins City Council, which appropriations are in the Council’s sole
discretion.
3. Standard Maintenance Services
Scope of Services. During the term of this Agreement, Company will provide City the
following Standard Maintenance Services for the Software:
a. Corrections of substantial defects in the Software so that the Software will operate as
described in the user manuals listed above, as modified by the City’s Specifications,
set forth in Exhibit “A” of the Software License Agreement.
RFP 7542 Performance Measurement Software Page 22 of 26
b. Periodic updates of the Software that may incorporate (A) corrections of any
substantial defects; (B) fixes of any bugs; (C) enhancements to the Software; and (D)
upgrades to user manuals as sets out above.
c. Telephone support, including dial-up support, between the hours of 7:00 a.m. to 7:00
p.m. Mountain Time, Monday through Friday, excluding City of Fort Collins holidays,
to assist City in using the Software.
d. In the event of emergencies, or systems failures caused by Company’s software
upgrades which occur outside of the designated support hours established by
Section 3(c), telephone support, including dial-up support, twenty-four (24) hours per
day, seven (7) days per week for the term of the Agreement.
e. Maintenance at Company’s office of a test version, including a test database, for the
most recent version of City’s Software.
4. On-Site Support
Company, upon receipt of a written request from City, will provide City On-Site Support at a
mutually agreed time. City agrees to pay Company’s costs associated with the provision of
on-site support, including charges for (i) Company’s personnel; (ii) charges for travel,
lodging and miscellaneous expenses (if personnel must travel more than 75 miles) in
accordance with City guidelines for travel expenses; and (iii) applicable taxes.
5. Training
Upon receipt of a written request from City, Company will provide Training at a mutually
agreed time at the offices of City, unless City agrees to receive the Training elsewhere. City
agrees to pay Company all costs associated with this Training in accordance with costs
reflected in Exhibit “C”, Pricing Quotation, including (i) charges for Company’s personnel,
which may include a surcharge for training conducted at City’s location; (ii) charges for
travel, lodging and miscellaneous (if personnel must travel more than 75 miles) in
accordance with City guidelines for travel expenses; and (iii) applicable taxes.
6. Maintenance Fee
a. Warranty Period. Company will not charge City any Maintenance Fee for the Warranty
Period, as defined in City’s Software License Agreement for the Software.
b. Amount of Fee. City agrees to pay Company an annual Maintenance Fee, the amount
set forth in Exhibit “C”, Pricing Quotation for Standard Maintenance Services provided by
Company pursuant to this Agreement. The amount charged for these services shall not
increase by more than five (5) percent from one year to the next, in the event of renewal.
7. Payment Terms
RFP 7542 Performance Measurement Software Page 23 of 26
City agrees to pay Company by thirty (30) days after receipt by City of invoices for agreed
upon fees.
8. Obligations Of City
a. City Contact. City shall notify Company of City’s designated City Contact. To the
maximum extent practicable, City’s communications with Company will be through the
City Contact.
b. Installation. City agrees to install all corrections of substantial defects, minor bug fixes
and updates, including any enhancements, for the Software in accordance with the
instructions and in order of receipt from Company.
c. Facility and Personnel Access. City agrees to grant Company reasonable access to
City’s facilities and personnel concerned with the operation of the Software to enable
Company to provide services.
d. No Modification of Software. City agrees not to modify, enhance or otherwise alter the
Software, unless and only to the extent such modification, enhancement or other
alteration is specifically authorized in the user manuals identified in this Agreement or
through the consent of Company.
e. Error Documentation. Upon detection of any error in the Software, City, as requested by
Company, agrees to provide Company a listing of output and any other data, including
databases and backup systems, that Company reasonably may request in order to
reproduce operating conditions similar to those present when the error occurred.
9. Termination
City shall have the right to terminate this Agreement at any time upon giving fifteen (15)
days’ notice to Company. Upon termination, City shall be entitled to a pro rata refund.
Company shall have the right to terminate this Agreement and all services provided
pursuant to this Agreement (i) upon termination of City’s Software License Agreement by
either party for any reason; and (ii) if City violates any provision of this Agreement and City
fails to cure such violation within thirty (30) days after receipt of written notice from
Company.
10. Indemnification
Company shall indemnify and hold harmless City, its officers, agents and employees against
and from any all actions, suits, claims, demands or liability of any character whatsoever
arising out of, resulting from, or occurring in connection with the performance of any services
hereunder.
11. Insurance
RFP 7542 Performance Measurement Software Page 24 of 26
Company agrees to maintain workers’ compensation and employer’s liability insurance at
the statutory limits. Company will also maintain a commercial general liability policy in the
amount of $500,000.00 per occurrence; $1,000,000.00 aggregate’ $1,000,000.00 products
and completed operations aggregate
12. Source Code
The uninterrupted availability of the Software is critical to City in the operation of its
business. Company agrees to provide the source code to the Information Services Director
of City.
13. Force Majeure
Neither party shall be in default or otherwise liable for any delay in or failure of its
performance under this Agreement if such delay or failure arises due to any act of God, any
acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots,
failures or delay in transportation or communications; provided, however, that lack of funds
shall not be deemed to be a reason beyond a party’s reasonable control. The parties will
promptly inform and consult with each other as to any of the above causes, which in their
judgment may or could be the cause of a delay in the performance of 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 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. Notices
All notices under this Agreement shall be effective when mailed, postage prepaid and sent
to the following addresses:
COMPANY: WITH A COPY TO: CITY:
City of Fort Collins
Attn: Purchasing
City of Fort Collins
Attn: City Attorney
RFP 7542 Performance Measurement Software Page 25 of 26
P.O. Box 580
Fort Collins, CO 80522
P.O. Box 580
Fort Collins, CO 80522
17. General Provisions.
a. Complete Agreement. This Agreement, its attachments, the City’s Request for Proposal
and the Company’s Response to the Request for Proposal are the complete and
exclusive statement of the agreement between the parties, which supersedes and
merges all prior proposals, understandings and all other agreements, oral or written,
between the parties relating to this Agreement.
b. Order of Precedence. In the event of any conflict or inconsistency among documents
related to this Agreement, said conflict or inconsistency shall be resolved by giving
precedence as follows: (1) the Software License Agreement; (2) the Request for
Proposal; (3) the Company’s response to the Request for Proposal.
c. Amendment. This Agreement may not be modified, altered or amended except by
written instrument duly executed by both parties, except that address for notice may be
changed as provided in section 16.
d. Waiver. The waiver or failure of either party to exercise in any respect any right provided
for in this Agreement shall not be deemed a waiver of any further right under this
Agreement.
e. Severability. If any provision of this Agreement is invalid, illegal or unenforceable under
any applicable statute, court decision or rule of law, it is to that extent to be deemed
omitted. The remainder of the Agreement shall be valid and enforceable to the
maximum extent possible.
f. Survival. All provisions of this agreement that by their nature would reasonably be
expected to continue after the termination of this Agreement will survive the termination
of this Agreement.
g. Governing Law. This Agreement and performance hereunder shall be governed by the
laws of the State of Colorado. Venue for any cause of action arising hereunder shall be
in Larimer County, Colorado.
h. Read and Understood. Each party acknowledges that it has read and understands this
Agreement and agrees to be bound by its terms.
RFP 7542 Performance Measurement Software Page 26 of 26
THE CITY OF FORT COLLINS, COLORADO
By: __________________________________
Gerry S. Paul
Director of Purchasing and Risk Management
Date: ________________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
[Insert Corporation's name] or
[Insert Partnership name] or
[Insert individual's name]
Doing business as ____[insert name of business]
By:_______________________________
__________________________________
PRINT NAME
__________________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:_____________________________
ATTEST: (Corporate Seal)
_____________________________
CORPORATE SECRETARY