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HomeMy WebLinkAboutRFP - 8015 PFA VIDEO & AUDIO CONFERENCING SOLUTION (2)RFP 8015 Poudre Fire Authority Video & Audio Conferencing Solution Page 1 of 21 REQUEST FOR PROPOSAL 8015 POUDRE FIRE AUTHORITY VIDEO & AUDIO CONFERENCING SOLUTION The City of Fort Collins, on behalf of the Poudre Fire Authority, is requesting proposals from qualified firms to replace their aging video and audio conferencing systems. 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, five (5) 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), October 24, 2014 and referenced as Proposal No. 8015. 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 concerning the scope of the project should be directed to Project Manager, Eric Nelson at (970) 416-2873 or enelson@poudre-fire.org. Questions regarding bid submittal or process should be directed to Ed Bonnette, CPPB, CPM, Senior Buyer at (970) 416-2247 or ebonnette@fcgov.com. All questions must be submitted in writing via email to Eric Nelson, with a copy to Ed Bonnette, no later than 5:00 PM (our clock) on Friday, October 10, 2014. Questions received after this deadline will not be answered. A copy of the Proposal may be downloaded from the Rocky Mountain E-Purchasing System at: www.rockymountainbidsystem.com. The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. Information considered proprietary is limited to material treated as confidential in the normal conduct of business, trade secrets, discount information, and individual product or service pricing. Summary price information may not be designated as proprietary as such information may be carried forward into other public documents. All provisions of any contract resulting from this request for proposal will be public information. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 8015 Poudre Fire Authority Video & Audio Conferencing Solution Page 2 of 21 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 8015 Poudre Fire Authority Video & Audio Conferencing Solution Page 3 of 21 RFP 8015 POUDRE FIRE AUTHORITY VIDEO AND AUDIO CONFERENCING SOLUTION INTRODUCTION: The City of Fort Collins, on behalf of the Poudre Fire Authority, is requesting proposals from qualified vendors to replace their aging video and audio conferencing systems. The Poudre Fire Authority is dedicated to the protection of lives, property and the quality of life for all of the citizens we serve. Our employees are highly motivated, highly trained professional men and women who take their service to the community very serious. The foundation of our success is based on our commitment to continuous quality improvement at all levels of service delivery. Poudre Fire Authority Administration and the Fire Prevention Bureau are located in downtown Fort Collins at the intersection of Mountain Avenue and Remington Street. Our mailing address is 102 Remington Street Fort Collins, CO 80524. The Poudre Fire Authority (PFA) is a consolidated full-service fire prevention, fire protection and emergency service agency serving the City of Fort Collins and the Poudre Valley Fire Protection District. 168 full-time employees staff ten (10) fire stations and operate ten (10) engine companies, two (2) trucks. It additionally operates three volunteer fire stations with 40 volunteers. The total service area is 235 square miles completely encompassing the City and fire district. Within the district are the smaller communities of LaPorte, Timnath and Bellvue. In 2009, an estimated 189,000 people lived in PFA's jurisdiction with an estimated property value in excess of 15 billion dollars. The PFA was organized in 1981 with the consolidation of the City of Fort Collins and the Poudre Valley Fire Departments. At that time, both the City and district adopted an intergovernmental agreement establishing the authority. This contract outlines the governance, funding and operation of the authority. A five-person Board of Directors appointed by the City Council and District Board governs PFA. Its members are two City council members and two district board members. The fifth member is chosen jointly by these four and has historically been the Fort Collins City Manager. The Board appoints Poudre Fire Authority's Fire Chief and is currently held by Chief Tom DeMint. Also, the City of Fort Collins allows other Public Agencies the opportunity to purchase off the Award for this Bid, at the option of the Awarded Vendor(s). Other public agencies that are members of the Colorado Multiple Assembly of Procurement Officials (MAPO) cooperative purchasing group and/or the Northern Colorado Fire Consortium may contact the awarded vendor(s) with a desire to piggyback on the resulting contracts as a cooperative user. The PFA is seeking the services of an experienced vendor to identify and assist with the implementation of a combined video and audio conferencing system. Ideally, we would like to have the ability to give our customers and users a friendly interface that can be used inside and outside of our department’s network. Two- way interactions from all video capable sites are also necessary. Video conferencing products that we have RFP 8015 Poudre Fire Authority Video & Audio Conferencing Solution Page 4 of 21 seen in use by a neighboring fire agency that met some of these requirements utilized the SMART Podium platform in conjunction with the Vidyo product line. The component that was not integrated at that location was the ability to interact and join meetings from a variety of audio/smartphone devices. A combined and interactive communications system that is delivered by video and/or audio is our goal. The PFA currently has two systems in place that meet this video and audio conferencing need. However, moving toward a single platform/system is our goal. The PFA video conferencing solution that is currently in place utilizes a combination of compatible equipment. Our primary data center hosts the multi-point unit (Cisco TelePresence MCU 4210) and conferencing recording (Codian VCR 2210) devices. Connections to these units are made possible by a high speed data network connecting our facilities and fire stations. Our 12 remote locations use Polycom VSX 7000 units with the exception of two locations that have a VSX 7000e and a VSX 8000 unit. Our current analog audio conferencing solution is hosted by the City of Fort Collins NetComm department and is due to be retired by the end of 2014 which makes this project a priority. The current Nortel audio bridge allows for up to 48 concurrent calls from any audio capable device. We have reached the 48 user limit multiple times and would need a system that is capable of at least twice that capacity. Again, increasing our capacity and combining the video/audio solution is our goal. It is PFA’s intention to expand the usefulness of their video/audio conferencing solution. We would like to see a product that makes it easy for end users to edit recordings and post them to our website. Meeting future needs and functionality should be demonstrated in the proposal as well. The PFA IT department is committed to being available to provide information and support to respondents and will be actively involved in providing information and support throughout the project’s process. The successful candidate/firm must have substantial experience in video/audio conferencing design, development, implementation and maintenance. VIDEO AND AUDIO CONFERENCING OBJECTIVES The goal of the PFA is to provide world class electronic devices for fire department personnel and customers. This includes a reliable video/audio conferencing solution. The new video/audio collaboration solution should provide easy access, be adaptable to current and changing technology, provide recorded content management capability, and be used as a reliable public communications tool. Deliverables: The Awarded Vendor shall deliver a Turnkey Video and Audio Conferencing Solution for Poudre Fire Authority to replace the existing systems described above, to include the following. All ancillary equipment needed to accomplish the desired result needs to be spelled out and included in your Proposal, including Smart Boards, webcams, speakerphones, etc. : 1) All Hardware Components, including factory warranty information for same. If there is any trade-in value for the old equipment being replaced, this needs to be RFP 8015 Poudre Fire Authority Video & Audio Conferencing Solution Page 5 of 21 reflected clearly in your system pricing. If you offer e-waste recycling for the old equipment being replaced, include that in this section. 2) All Software Components 3) All Licenses 4) All Maintenance Plans, including options levels where they apply (Gold, Silver, Bronze Level, etc.) 5) Freight: all Equipment is to be quoted F.O.B. Destination 6) Setup and Installation, Labor and Materials 7) System Training 8) Lead times for all Equipment and Installation; including estimated Completion Date and Go-Live Date for the new System PROPOSAL SUBMITTAL REQUIREMENTS The City of Fort Collins and Poudre Fire Authority shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. In order to simplify the review process and maximize the degree of comparative analysis, the RFP Response should be organized in the following manner: 1. Methods and Approach: Describe your expected or recommended approach, including a clear and detailed description of your proposed “installation strategy”. Describe the anticipated interaction with the PFA and the resources you expect to require them to provide. Provide a timeline of your anticipated schedule for completing vendor tasks. 2. Deliverables: Given the list above under Deliverables, provide us with your Detailed Plan (not to exceed two pages; backup specifications can be included in an Appendix if necessary) and itemized Cost for each step 1-7. 3. Qualifications and Experience: Provide relevant information regarding previous experience related to this or similar Projects, to include the following (Please limit this to a maximum of two pages!):  Brief Company History including time in business  Minimum of three years experience working with design, development, and implementation of the described software  Provide a list of comparable installations, including at least three (3) municipalities and governmental agencies (preferably fire departments if you have them), performed by your company. Include the website address, company/agency contact person, address, telephone number. These companies/agencies may be contacted for references.  Please provide a sample of any installations you have done similar to ours. RFP 8015 Poudre Fire Authority Video & Audio Conferencing Solution Page 6 of 21 4. List of Project Personnel: This list should include the identification of the contact person with primary responsibility for this contract, the personnel proposed for this contract, and any supervisory personnel, including partners and/or sub consultants, and their individual areas of responsibility. A resume for each professional and technical person assigned to the contract, including partners and/or sub consultants, shall be submitted. The résumés shall include at least three references from previous assignments. 5. Organization Chart/Proposed Project Team: An organization chart containing the names of all key personnel and sub consultants with titles and their specific task assignment for this contract shall be provided in this section. NOTE: Any Personnel Changes within the awarded Contract will need to be approved by the PFA Project Manager o Proposal should be all encompassing, with a single vendor identified as the “responsible lead vendor.” Please indicate any needed subcontracted services required to meet the needs of the proposal or clearly indicate what portion of the services are not included as part of your proposal. o Include what and where assistance will be required from PFA staff in order to complete the project. 6. Availability: Describe the availability of project personnel to participate in this project in the context of the firm’s other commitments. AS PART OF YOUR PROPOSAL RESPONSE UNDER “AVAILABILITY”, PLEASE INDICATE YOUR AVAILABILITY FOR ON-SITE INTERVIEW IN FORT COLLINS, COLORADO THE WEEK OF NOVEMBER 7 AND/OR NOVEMBER 14 IN THE EVENT YOUR ARE INVITED FOR AN INTERVIEW ROUND. ALTERNATIVELY, PFA AND THE CITY MAY ELECT TO CONDUCT ONLINE WEBINAR-TYPE INTERVIEWS IN LIEU OF ONSITE. PLEASE ALSO INDICATE YOUR AVAILABILITY AND CAPABILITY TO PARTICIPATE IN A WEBINAR THE WEEK OF NOVEMBER 7 AND/OR NOVEMBER 14. 7. Sustainability: Describe any sustainability attributes of the equipment you are proposing for this project, including any Energy Star, EPEAT, or other Sustainability Certifications that indicate any environmentally-friendly attributes that apply. If none, state it. RFP 8015 Poudre Fire Authority Video & Audio Conferencing Solution Page 7 of 21 VENDOR STATEMENT I have read and understand the specifications and requirements for this RFP 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 a SERVICES AGREEMENT with the City of Fort Collins on behalf of the Poudre Fire Authority within 30 days of notice of award. If contract is not completed and signed within 30 days, the City and PFA reserve the right to cancel and award to the next highest rated firm. NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. FIRM NAME: ADDRESS: EMAIL ADDRESS: PHONE: BIDDER’S NAME: SIGNATURE: PRIMARY SERVICES ISSUES CONTACT: TELEPHONE: FAX: EMAIL: CELL: EMERGENCY: BACKUP: AWARD AND CONTRACT PROCESS 1. The City and PFA reserve the right to award directly as a result of the written proposals. The City and PFA may or may not opt to conduct oral interviews. 2. The selected Contractor shall be expected to sign the City’s standard Services Agreement prior to commencing Services (see sample attached to this Proposal). 3. The City and PFA reserve the right to negotiate with any vendor as meets the needs of the City and PFA. The City and PFA reserve the right to reject any or all proposals, and to waive any irregularities. RFP 8015 Poudre Fire Authority Video & Audio Conferencing Solution Page 8 of 21 REVIEW AND ASSESSMENT Proposals will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and any optional interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal Does the proposal show an understanding of the project objective, methodology to be used and results that are desired from the project? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Sustainability Describe any sustainability attributes of the equipment you are proposing for this project, including any Energy Star, EPEAT, or other Sustainability Certifications that indicate any environmentally-friendly attributes that apply. 2.0 Cost and Work Hours Do the proposed cost and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? RFP 8015 Poudre Fire Authority Video & Audio Conferencing Solution Page 9 of 21 REFERENCES The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge If a study, did it meet the Scope of Work? PLEASE GO TO www.fcgov.com/purchasing TO REGISTER IN OUR E- PROCUREMENT SYSTEM FOR FUTURE BID OPPORTUNITIES! BE SURE TO SELECT ALL APPROPRIATE COMMODITY CODES. COMMODITY CODES USED FOR THIS RFP: 840-56 Teleconference Systems, Audio/Video 840-84 Video and Audio Systems, Accessories and Parts RFP 8015 Poudre Fire Authority Video & Audio Conferencing Solution Page 10 of 21 SAMPLE SERVICES AGREEMENT 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", as agent, on behalf of the Poudre Fire Authority (PFA), 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 "B", consisting of ( ) page , and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth RFP 8015 Poudre Fire Authority Video & Audio Conferencing Solution Page 11 of 21 above must be agreed upon in a writing signed by the parties. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City and/or PFA, 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 and/or PFA, 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 and PFA 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 and/or PFA may terminate this Agreement at any time without RFP 8015 Poudre Fire Authority Video & Audio Conferencing Solution Page 12 of 21 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: Attn: Poudre Fire Authority Attn: 102 Remington Street Fort Collins, CO 80524 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the and/or PFA, 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 and/or PFA shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, ($ ) as per the attached Exhibit " ", consisting of page , and incorporated herein by this reference. 9. City Representative. The and/or PFA 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 and/or PFA Representative. 10. Independent Service provider. The services to be performed by Service Provider RFP 8015 Poudre Fire Authority Video & Audio Conferencing Solution Page 13 of 21 are those of an independent service provider and not of an employee of the City of Fort Collins or the Poudre Fire Authority. The City and/or PFA 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 and/or PFA, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City and/or PFA), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its 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 and/or PFA, nor will it obligate the City and/or PFA 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 and/or PFA to the same extent as the work of the Service Provider. 12. Personal Services. It is understood that the City and PFA enter 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 RFP 8015 Poudre Fire Authority Video & Audio Conferencing Solution Page 14 of 21 of the City and/or PFA. 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 and/or PFA 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 and/or PFA. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City and/or PFA -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 and/or PFA 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 and/or PFA. 15. Default. Each and every term and condition hereof shall be deemed to be a RFP 8015 Poudre Fire Authority Video & Audio Conferencing Solution Page 15 of 21 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. a. The Service Provider agrees to indemnify and save harmless the City and/or PFA, their 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. RFP 8015 Poudre Fire Authority Video & Audio Conferencing Solution Page 16 of 21 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 and PFA 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. 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 RFP 8015 Poudre Fire Authority Video & Audio Conferencing Solution Page 17 of 21 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the RFP 8015 Poudre Fire Authority Video & Audio Conferencing Solution Page 18 of 21 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. 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 ( ) pages, attached hereto and incorporated herein by this reference. RFP 8015 Poudre Fire Authority Video & Audio Conferencing Solution Page 19 of 21 CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul Director of Purchasing and Risk Management Date:_____________________________ POUDRE FIRE AUTHORITY By: _________________________________ Tom DeMint, Fire Chief Date: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By:_______________________________ __________________________________ PRINT NAME __________________________________ TITLE (Corporate President or Vice President) Date:_____________________________ RFP 8015 Poudre Fire Authority Video & Audio Conferencing Solution Page 20 of 21 EXHIBIT INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City and/or PFA, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City and PFA 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 and/or PFA, 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 and/or PFA, their 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. RFP 8015 Poudre Fire Authority Video & Audio Conferencing Solution Page 21 of 21 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”), as agent, on behalf of the Poudre Fire Authority (the “PFA”) 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 and/or PFA or their 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 and/or PFA may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City and/or PFA, or that relates to the business of the City and/or PFA, or that is used by the City and/or PFA 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 and/or PFA). 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 and/or PFA. 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 and/or PFA. 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 and/or PFA in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City and/or PFA, or the City and/or PFA so requests for any reason, the Service Provider shall promptly return to the City and/or PFA 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 and/or PFA’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City and/or PFA 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.