HomeMy WebLinkAboutRFP - 7670 UTILITIES SEGMENTATION STUDY (2)7670 Utilities Segmentation Study Page 1 of 25
REQUEST FOR PROPOSAL
7670 UTILITIES SEGMENTATION STUDY
The City of Fort Collins Utilities Department is seeking a qualified firm to conduct a
comprehensive segmentation study of their customer base which includes residential,
commercial and industrial customers that receive electric, water, wastewater and
stormwater services.
Proposals submission via email is preferred. Proposals shall be submitted in
Microsoft Word or PDF format and e-mailed to: purchasing@fcgov.com. If
electing to submit hard copy proposals instead, four (4) 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
14, 2014 and referenced as Proposal No. 7670. If delivered, they are to be sent to
215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address
is P.O. Box 580, Fort Collins, 80522-0580.
The City encourages all disadvantaged business enterprises to submit proposals in
response to all requests for proposals and will not be discriminated against on the
grounds of race, color, national origin for all proposals for negotiated agreements.
Questions regarding the RFP should be directed to Pat Johnson, CPPB, Senior Buyer
at (970)221-6816 or pjohnson@fcgov.com. Email is preferred.
A copy of the Proposal may be obtained by downloading the Proposal 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
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
7670 Utilities Segmentation Study Page 2 of 25
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.
Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to
allow other State and local governmental agencies, political subdivisions, and/or school
districts to utilize the resulting award under all terms and conditions specified and upon
agreement by all parties. Usage by any other entity shall not have a negative impact on
the City of Fort Collins in the current term or in any future terms.
Sustainability: Qualified consulting firm/teams participating in the proposal are to
provide an overview of the organization’s philosophy and approach to Sustainability. In
no more than two (2) pages please describe how your organization strives to be
Sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices,
etc.
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.
The selected Service Provider shall be expected to sign the City’s Professional Services
Agreement without revision prior to commencing Services (see sample attached to this
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
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I. BACKGROUND AND OBJECTIVE
A. Objective
The City of Fort Collins Utilities Department is seeking a qualified firm to conduct a
comprehensive segmentation study of their customer base which includes residential,
commercial and industrial customers that receive electric, water, wastewater and
stormwater services. Because of its diverse customer base, Fort Collins Utilities is
seeking a multi-variable segmentation assessment.
B. Background
Fort Collins is a vibrant community of approximately 151,000 located 65 miles north of
Denver, at the base of the foothills of the Rocky Mountains. The City is 56 square miles
in size and is the northern extension of the “Colorado Front Range” urban corridor. The
City’s population includes over 24,000 college students.
City of Fort Collins Utilities (Utilities) serves more than 65,000 (both single family and
multi-family) electric customers with total annual sales of approximately 1,500 gigawatt-
hours. The Utility also provides water, wastewater, stormwater and financing services.
More information about Fort Collins Utilities can be found at fcgov.com/utilities. Within
this group of residential customers, approximately 26,000 single family homes also
receive water services.
Fort Collins Utilities seeks to better understand their customer base through a
segmentation study intended to classify the various customers into segments based on
shared commonalities. Utility provider models are changing, and the City of Fort Collins
has adopted aggressive greenhouse gas reduction targets. Fort Collins Utilities is
interested in a multi-variable assessment of their customer base in order to develop
more effective service delivery models, meet customer expectations, and optimize
programs and services.
II. SCOPE OF WORK
A. Services to Be Provided
The firm will work with the City staff to accomplish the following objectives:
1. Discuss the segmentation objectives
2. Discuss known segments (e.g. residential, commercial, etc.) and develop
methodology to further refine segments
The firm will be solely responsible for the following tasks:
1. Market research to determine the framework for customer segmentation
2. Conduct the segmentation study answering the following questions:
a. What are the national trends (e.g., health care) that may be affecting our
customers?
b. Who are our customers?
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c. How do our customers cluster into similarly motivated groups?
d. What motivates them with respect to utilities? (e.g., price, environment,
technology)
e. How do we customize programs/offerings/tools to accommodate these
preferences?
f. Are there new trends/criteria for determining Key Accounts, other than
revenue or use alone?
g. How will they respond to price, promotion, programs, and environmental
issues including renewables?
h. How they like to receive information, their expectations of the relationship
with Utilities?
i. What is their decision-making process and criteria?
j. What benefits do customers expect from Utilities?
3. Prepare a report of the results of the segmentation study as well best
management practices of segmentation in other municipal organizations as well
as private industry.
4. Provide recommendations on how the City can use the findings of the
segmentation study to drive programs and services as well as accomplish the
objectives of policies like the Energy Policy
(http://www.fcgov.com/utilities/img/site_specific/uploads/energy-policy.pdf) and
Climate Adaptation Plan
(http://www.fcgov.com/climateprotection/pdf/climate_action_plan.pdf).
The firm will be required to meet with the City at least twice; once to discuss the
objectives of the segmentation study and once to review the draft report and obtain
comments and questions from City staff. The firm will be required to respond to one
round of City edits and questions on the draft survey report before it is finalized.
B. Deliverables
1. Written outline of the contractor’s schedule for completing tasks
2. Complete data analysis
3. Draft report
4. Final written research report in word and PDF that includes:
Thorough description of research methodology (data collection
instruments, sampling strategies, response rates, etc.)
summary of key findings
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5. Separate report or letter with broad recommendations to apply the segmentation
study to programs and services in alignment with city policies mentioned above.
C. Schedule
Utilities has established the target schedule shown below for the RFP. Utilities reserves
the right to amend the target schedule at any time.
RFP issuance: July 23, 2014
Proposal due date: August 14, 2014
Interviews (tentative): Week of September 8, 2014
Award of Contract(tentative): October 1, 2014
Completion of project: December 31, 2014
D. Budget
The budget for this project is limited to a maximum of $150,000, therefore firms are
invited to submit proposals with the tasks prioritized to aid the City in working together
with the selected firm to identify and implement core tasks within the budget available
for this project.
E. Interviews
In addition to submitting a written proposal, finalists may be interviewed by the City of
Fort Collins and asked to do an oral presentation about their company and approach to
the project.
F. Travel & Expenses
Contractors are to provide a list of fees for reimbursable expenses. A reasonable
administrative mark-up may be included with Contractors submittal. Reasonable
expenses will be reimbursable as per the attached Exhibit E Fort Collins Expense
guidelines.
G. Use of Subcontractors/Partners
There may be areas for use of subcontractors or partners from the award of this RFP.
Contractors will be responsible for identifying the subcontractors necessary during the
scope of work negotiation.
Please keep in mind that the City will contract solely with your company, therefore
subcontractors/partners remain your sole responsibility
H. Length of Proposal
Limit the total length of your proposal to a maximum of 25 pages (excluding covers,
table of contents, dividers, sustainability response and proposal acknowledgement
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form). The Director of Purchasing and Risk Management may reject proposals received
that are longer than 25 pages in length.
III. PROPOSAL SUBMITTAL
For this section, contractors are required to provide detailed written responses to the
following items in the order outlined below. The responses shall be considered technical
offers of what contractors propose to provide and shall be incorporated in the contract
award as deemed appropriate by Utilities. A proposal that does not include all of the
information required may be deemed incomplete and may be subject to rejection.
A. Executive Summary
The Executive Summary should highlight the content of the proposal and features of the
program offered, including a general description of the program and any unique aspects
or benefits provided by your firm.
B. Contractor Information and Experience
The Contractor should provide the following information:
1. Primary contact information for the company including contact name(s) and
title(s), mailing address(s), phone number(s), and email address(s). Describe the
Company’s business and background, including the size, location, capacity, type
of firm, details about ownership and year established. Describe the company’s
structure, including an organizational chart, which illustrates leadership and roles.
2. Provide a list of Project Personnel to include 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. A résumé for key professional and technical persons assigned to the
contract, shall be submitted. Please limit resumes to one-half page.
3. A list of qualifications for your firm and qualifications and experience of the
specific staff members proposed to perform the consulting services described
above.
4. Describe the availability of project personnel to participate in this project in the
context of the contractor firm’s other commitments.
5. Provide a list of similar projects completed in the last five (5) years by the key
members of the proposed team.
6. References (current contact name, current telephone number and email address)
from at least three similar projects with similar requirements that have been
completed within the past five (5) years and that have involved the staff proposed
to work on this project. Provide a description of the work performed.
C. Scope of Services
1. Provide a detailed narrative of the services proposed if awarded the contract per
the scope above. The narrative should include any options that may be
beneficial for Utilities to consider.
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2. Describe how the project would be managed and who would have primary
responsibility for its timely and professional completion. Include a description
regarding how the analysis will be performed for the various identified areas
identified, the methods and assumptions used, and the limitations of the analysis.
3. Describe the methods and timeline of communication your firm will use with the
City’s Project Manager and other parties.
4. Provide the size of study your firm recommends if awarded the agreement. What
is the percentage of studies in each segment that will be completed?
5. Include a description of the software and other analysis tools to be used.
6. Identify what portion of work, if any, may be subcontracted.
7. Provide a written outline of the contractor’s schedule for completing tasks
D. Methods and Approach
1. Describe your recommended approach to the project. Provide 1-2 paragraphs of
detail for each task.
2. Describe the anticipated interaction with the City.
3. Describe what resources you would expect (if any) the City staff to provide.
4. Describe the availability of project personnel to participate in this project in the
context of the firm’s other commitments.
5. Provide estimated hours for each proposed or optional task, including the time
required for meetings, conference calls, etc.
E. Customer Engagement Strategy
1. Describe the Company’s methods and technical tools used to reach customers,
and explain how the Company’s Program encompasses all functionality
contemplated in Section II, Scope of Work.
2. Identify the Company’s approach to measuring and verifying value delivered.
F. Fees
Consultant shall provide an itemized firm-fixed price for the study. Estimated hours for
completion of the study shall be included. Proposals are to have the tasks prioritized.
Contractor shall include a current fee schedule. Fee schedule will be used as a basis for
determining fees should additional services be necessary. Include a per meeting rate in
the event additional meetings are needed. A fee schedule for subcontractors, if used,
shall be included.
Reasonable expenses will be reimbursable as per the attached Exhibit E Fort Collins
Expense guidelines. Contractor will be required to provide original receipts to the City
for all reimbursable expenses.
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G. Sustainability
In no more than two (2) pages please describe how your organization strives to be
Sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices,
etc..
H. Use of Subcontractors/Partners
There may be areas for use of subcontractors or partners in this project. If you are
utilizing this approach, your proposal must list the subcontractors’ personnel for this
contract, their area(s) of expertise, and include all other applicable information herein
requested for each subcontractor/partner. A résumé for each professional and technical
person assigned to the contract, including partners and/or sub-consultants, shall be
submitted.
I. Additional Information
Provide any information that distinguishes Contractor from its competition and any
additional information applicable to this RFP that might be valuable in assessing
Contractor’s proposal.
Explain any concerns Contractor may have in maintaining objectivity in recommending
the best solution for Utilities. All potential conflicts of interest must be disclosed.
7670 Utilities Segmentation Study Page 9 of 25
IV. REVIEW AND ASSESSMENT
Professional firms will be evaluated on the following criteria. These criteria will be the
basis for review of the written proposals and optional interview session. At discretion of
the City, interviews of top rated firms may be held.
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/
Sustainability
Is the firm interested and are they capable of
doing the work in the required time frame? What
sustainability efforts does the firm endorse?
2.0
Cost and
Work Hours
Are the cost and work hours proposed reasonable
and in line with the industry?
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?
7670 Utilities Segmentation Study Page 10 of 25
Reference Evaluation (Top Rated Firm)
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
a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction contract,
was the project functional upon completion and did it
operate properly? Were problems corrected quickly
and effectively?
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EXHIBIT A
PROPOSAL ACKNOWLEDGEMENT
Contractor hereby acknowledges receipt of the City of Fort Collins Utilities’ Request for
Proposal and acknowledges that it has read and agrees to be fully bound by all of the
terms, conditions and other provisions set forth in the RFP. Additionally, the Contractor
hereby makes the following representations to Utilities:
a. All of the statements and representations made in this proposal are true to the
best of the Contractor’s knowledge and belief.
b. The Contractor has obtained all necessary authorizations and approvals that will
enable the Contractor to commit to the terms provided in this proposal.
c. This proposal is a firm and binding offer, for a period of 180 days from the date
hereof.
d. I further agree that the method of award is acceptable to my company.
e. I also agree to complete the proposed Agreements with the City of Fort Collins
within 30 days of notice of award.
f. If contract is not completed and signed within 30 days, City reserves the right to
cancel and award to the next highest rated firm.
g. I acknowledge receipt of addenda.
Contractor Firm Name:
Physical Address:
Remit to Address:
Phone:
Authorized Agent of Firm Name:
Signature of Authorized Agent:
Primary Contact for Project:
Title: Email Address:
Phone: Cell Phone:
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.
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EXHIBIT B
SAMPLE SERVICES AGREEMENT – not to be completed at this time
SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of ( )
page and incorporated herein by this reference. Irrespective of references in Exhibit
A to certain named third parties, Service Provider shall be solely responsible for
performance of all duties hereunder.
2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule attached hereto as Exhibit
" ", consisting of ( ) page , and incorporated herein by this
reference.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within ( ) days following
execution of this Agreement. Services shall be completed no later than . Time is of
the essence. Any extensions of the time limit set forth above must be agreed upon in a
writing signed by the parties.
4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution
7670 Utilities Segmentation Study Page 13 of 25
shown on the signature page of this Agreement and shall continue in full force and effect
for one (1) year, unless sooner terminated as herein provided. In addition, at the option of
the City, the Agreement may be extended for an additional period of one (1) year at the
rates provided with written notice to the Service Provider mailed no later than thirty (30)
days prior to contract end.
5. Contract Period. [Option 2] This Agreement shall commence , 200 , and shall
continue in full force and effect until , 200 , unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for
additional one year periods not to exceed ( ) additional one year periods.
Renewals and pricing changes shall be negotiated by and agreed to by both parties.
Written notice of renewal shall be provided to the Service Provider and mailed no later
than thirty (30) days prior to contract end.
6. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or negligence,
then the party so prevented shall be excused from whatever performance is prevented by
such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days
from the onset of such condition.
7. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Service Provider. Such notice shall be delivered at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in
writing by the parties. All notices provided under this Agreement shall be effective when
mailed, postage prepaid and sent to the following addresses:
Service Provider: City: Copy to:
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Attn:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
8. Contract Sum. The City shall pay the Service Provider for the performance of this
Contract, subject to additions and deletions provided herein, per the attached Exhibit
" ", consisting of ( ) page , and incorporated herein by this
reference.
9. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the services provided under this agreement. All
requests concerning this agreement shall be directed to the City Representative.
10. Independent Service Provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort
Collins. The City shall not be responsible for withholding any portion of Service Provider's
compensation hereunder for the payment of FICA, Workmen's Compensation or other
taxes or benefits or for any other purpose.
11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not
be unreasonably withheld. If any of the Work is subcontracted hereunder (with the
consent of the City), then the following provisions shall apply: (a) the subcontractor must
be a reputable, qualified firm with an established record of successful performance in its
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respective trade performing identical or substantially similar work, (b) the subcontractor will
be required to comply with all applicable terms of this Agreement, (c) the subcontract will
not create any contractual relationship between any such subcontractor and the City, nor
will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work
of the subcontractor will be subject to inspection by the City to the same extent as the
work of the Service Provider.
12. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign
any responsibilities nor delegate any duties arising under the Agreement without the prior
written consent of the City.
13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the
services shall not be construed to operate as a waiver of any rights or benefits provided to
the City under this Agreement or cause of action arising out of performance of this
Agreement.
14. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for
work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to
City.
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c. Service Provider warrants all equipment, materials, labor and other work, provided
under this Agreement, except City-furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship
for a period beginning with the start of the work and ending twelve (12) months from
and after final acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors of any tier.
Upon receipt of written notice from City of any such defect or nonconformances, the
affected item or part thereof shall be redesigned, repaired or replaced by Service
Provider in a manner and at a time acceptable to City.
15. 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.
16. 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.
17. 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.
18. Indemnity/Insurance.
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a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any
person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within
Exhibit , consisting of one (1) page, attached hereto and incorporated herein by
this reference. The Service Provider before commencing services hereunder, shall
deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort
Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage
required from an insurance company acceptable to the City.
19. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
20. 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.
21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
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seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in Public Law
208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the “e-Verify Program”) or the Department Program (the
“Department Program”), an employment verification program established pursuant
to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of
all newly hired employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
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2. Terminate the subcontract with the subcontractor if within three days ofreceiving
the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall
not terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the “Department”) made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
22. Red Flags Rules. Service Provider must implement reasonable policies and
procedures to detect, prevent and mitigate the risk of identity theft in compliance with the
Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further,
Service Provider must take appropriate steps to mitigate identity theft if it occurs with one
or more of the City’s covered accounts and must as expeditiously as possible notify the
City in writing of significant breeches of security or Red Flags to the Utilities or the Privacy
Committee.
7670 Utilities Segmentation Study Page 20 of 25
23. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit “ “ - Confidentiality,
consisting of one (1) page, attached hereto and incorporated herein by this reference.
7670 Utilities Segmentation Study Page 21 of 25
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:_______________________________
Gerry Paul
Director of Purchasing and Risk Management
Date:_____________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
By:_______________________________
__________________________________
PRINT NAME
__________________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:_____________________________
ATTEST: (Corporate Seal)
_____________________________
CORPORATE SECRETARY
7670 Utilities Segmentation Study Page 22 of 25
EXHIBIT
INSURANCE REQUIREMENTS
1. The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially
altered, except after ten (10) days written notice has been received by the City of Fort
Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider's general liability and automobile liability insurance
policies for any claims arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
7670 Utilities Segmentation Study Page 23 of 25
EXHIBIT
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Service Provider has agreed to perform, the Service Provider
hereby acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Service
Provider agrees to treat as confidential (a) all information that is owned by the City, or that
relates to the business of the City, or that is used by the City in carrying on business, and (b) all
information that is proprietary to a third party (including but not limited to customers and
suppliers of the City). The Service Provider shall not disclose any such information to any
person not having a legitimate need-to-know for purposes authorized by the City. Further, the
Service Provider shall not use such information to obtain any economic or other benefit for itself,
or any third party, except as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Service Provider understands that it shall
have no obligation under this Agreement with respect to information and material that (a)
becomes generally known to the public by publication or some means other than a breach of
duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed,
provided that the request for such disclosure is proper and the disclosure does not exceed that
which is required. In the event of any disclosure under (b) above, the Service Provider shall
furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and
shall promptly advise the City in writing of each such disclosure.
In the event that the Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider shall promptly return to the City any and all
information described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that
the City shall, in the event of any such breach, be entitled to seek equitable relief (including
without limitation preliminary and permanent injunctive relief and specific performance) in
addition to all other remedies provided hereunder or available at law.
7670 Utilities Segmentation Study Page 24 of 25
EXHIBIT C
Fort Collins Expense Guidelines:
Lodging, Per Diem Meals and Incidentals and Other expenses:
October 1, 2013
Fort Collins Policy:
Lodging:
Hotels will be reimbursed at $91/day provided the government rate is available. If the
government rate is not available, the best available rate shall be used and a printout of
the available rates at the time of the reservation provided as documentation.
Hotel taxes do not count to the $91 limit, i.e. the rate is $91 plus applicable taxes.
Receipts are to be provided.
Actual expense will apply
Meals and Incidentals:
In lieu of requiring expense receipts, Fort Collins will use Federal GSA per diem guidelines.
Daily rate: $56
Travel Days rate: 75% of $56 = $42
Vehicle Expenses:
All costs related to rental vehicles (gas, parking, etc.) must be documented if they are to
be reimbursed. The standard for vehicle size is mid-size to lower.
If a private vehicle is used, mileage will be reimbursed using the mileage rate set by the
IRS. The most direct route is the standard for determining total mileage.
Extra Ordinary Cost
Prior authorization required.
Expenses Not Allowed
Liquor, movies, or entertainment (including in-room movies);
Sporting events;
Laundry, dry-cleaning or shoe repair;
Personal phone calls, including connection and long-distance fees;
Computer connections (unless required for City business);
Other personal expenses not directly related to City business;
Convenience charges;
Rescheduling Airline Charges not related to City requirements.
Excessive meal tip amounts generally over 20%;
Delivery fees shall not exceed 10% of the total bill, if not already included;
Hotel Cleaning Tips;
Extra Baggage for one day trips;
Air Travel (when local);
Items that are supplied by the City.
Time Frame for Reporting
Per contract (every 30 days).
7670 Utilities Segmentation Study Page 25 of 25
Reference:
The Federal GSA guidelines for Fort Collins are $91/day for hotel and $56 for meals and
incidentals (M&IE). (Incidentals are defined as 1) fees and tips given to porters, baggage
carriers, bellhops, hotel maids, stewards or stewardesses , and 2) transportation between
places of lodging or business and places where meals are taken). Hotel taxes (i.e. lodging
taxes) are not covered by per diem and are expensed as a separate line item.
The M&IE is further broken down by:
Breakfast: $9
Lunch: $13
Dinner: $29
Incidentals: $5
Federal guidelines further provide for the use of 75% of the M&IE rate for travel days, i.e. $42
for Fort Collins.