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HomeMy WebLinkAboutRFP - 9091 ELECTRONIC CITATION AND CRASH REPORTING SYSTEMRFP 9091 Electronic Citation and Crash Reporting System Page 1 of 28 REQUEST FOR PROPOSAL 9091 ELECTRONIC CITATION AND CRASH REPORTING SYSTEM The City of Fort Collins is requesting proposals from qualified Vendors to replace the current electronic citation and crash reporting product(s) with ones that are more efficient for the officers and work on modern platforms for both handheld and laptop devices. As part of the City’s commitment to Sustainable Purchasing, proposals should be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city-of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by the system. Proposals must be received before 3:00 p.m. (our clock) on June 26, 2020 and referenced as Proposal No. 9091 ELECTRONIC CITATION AND CRASH REPORTING SYSTEM. All questions should be submitted, in writing via email, to Ed Bonnette, CPM, CPPB, Senior Buyer at ebonnette@fcgov.com, with a copy to Project Manager, Jeff Willard at jwillard@fcgov.com, no later than 5:00 PM MST (our clock) on 6/12/2020. Please format your e-mail to include: RFP 9091 ELECTRONIC CITATION AND CRASH REPORTING SYSTEM in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by Bidnet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 68034 Citation Issuance Devices and Supplies 29857 Law Enforcement Software 96147 Law Enforcement Services Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual 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 9091 Electronic Citation and Crash Reporting System Page 2 of 28 harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Vendors may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the Vendor may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new Vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit with your proposal. 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. 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. RFP 9091 Electronic Citation and Crash Reporting System Page 3 of 28 The selected Vendor shall be expected to sign the City’s standard Agreement prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director RFP 9091 Electronic Citation and Crash Reporting System Page 4 of 28 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins is requesting proposals from qualified Vendors to replace the current electronic citation and crash reporting product(s) with ones that are more efficient for the officers and work on modern platforms for both handheld and laptop devices. . B. Background Fort Collins Police Services has over 200 sworn officers including over 130 patrol officers. The traffic unit has 5 dedicated officers and one Sergeant assigned to the unit. In 2018, the agency handled 3045 traffic accidents, which resulted in 1489 total electronic crash reports. In addition, officers wrote a total of 9433 citations, 3621 which were electronic. Fort Collins Police Services is looking to replace the current product(s) with ones that are more efficient for the officers and work on modern platforms for both handheld and laptop devices. This will help limit the contact time necessary between the officer and citizen and increase officer safety since the officer will spend less time on the side of the road, vulnerable to oncoming traffic. Currently, only 50 officers are set up with electronic citation software and only 20 computers have electronic crash software installed. Fort Collins Police Services would like to consider options that could outfit, in some capacity, 140 patrol officers with both electronic citation and electronic crash capabilities. This could be via a licensing model or a hardware model or a combination of both. The system must be CJIS compliant. A cloud-based solution is preferred, but Fort Collins Police Services is willing to consider an on premise solution. If an on-premise option is provided, it will need to include all hardware recommendations along with support options provided by the vendor. It will also need to note the expected support necessary from the local Fort Collins IT. City of Fort Collins Information Technology Department Provided Systems and Services 1. High Speed Internet Connection 2. WAN connections 3. Security based on CJIS standards 4. Equipment including desktops, tablets, laptops and cellular phones. II. SCOPE OF PROPOSAL RFP 9091 Electronic Citation and Crash Reporting System Page 5 of 28 A. Scope of Work The following Exhibit A Functional Requirements section details the scope of work and requirements of the City of Fort Collins and is meant as an initial guide for the proposal. The City is looking for a comprehensive and best practice solution for electronic crash and electronic citation systems. Respond with “Yes”, “No” or “Future Release” in the column titled “Included” to indicate if the feature is present in the current release. Vendors shall reply to the questions on Exhibit B SaaS Cyber Vendor Questionnaire by submitting their answer to each question below the question on the form Pricing for the system and services being proposed shall be submitted on the Exhibit C Total Cost of Ownership spreadsheet that clearly itemizes in detail any and all applicable cost related figures, beginning with the first annual period and continuing for each of the annual renewal terms. B. Deliverables/Milestones The following deliverable milestones have been identified as examples. Vendor is to propose milestones, target dates, percent of project completion and associated milestone payment to be triggered upon successful completion as part of their proposal. 1. System installation 2. Trial Run 3. Core product training 4. Go Live 5. Project Acceptance C. Anticipated Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: 6/5/2020 • Question deadline: 5:00 PM MST on 6/12/2020 • Proposal due date: 3:00 MST (our clock) on 6/26/2020 • Interviews (tentative): Week of 7/13/2020 • Award of Contract (tentative): 8/5/2020 • Completion of project: TBD D. Interviews/Demonstrations RFP 9091 Electronic Citation and Crash Reporting System Page 6 of 28 In addition to submitting a written proposal, the top-rated Vendors may be interviewed by the RFP assessment team and asked to participate in an oral presentation/demonstration to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. E. Travel & Expenses Vendors are to provide a list of fees for reimbursable expenses. Reasonable expenses will be reimbursable per the current rates found at www.gsa.gov . F. Subcontractors Vendors will be responsible for identifying any subcontractors in their proposal. Please note that the City will contract solely with the awarded Vendor; therefore subcontractors will be the responsibility of the Vendor. G. Proposal Format Please limit the total length of your proposal to a maximum of twenty-five (25) double sided or fifty (50) single sided 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Vendor Statement form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page. Please, no embedded documents. Proposals that do not conform to these requirements may be rejected. H. Fees, Licenses, Permits The successful Vendor shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. I. Laws and Regulations The Vendor agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances. J. Invoicing and Payment Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Vendor each month following the submittal of a correct invoice by the Vendor indicating the project name, Purchase Order number, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. Payments will be made using the prices listed on the agreed-to Price Schedule. In the event a service is requested which is not listed on the Price Schedule, the Vendor and the City will negotiate an appropriate unit price for the service prior to Consultant initiating such work. The City pays invoices on Net 30 terms. III. PROPOSAL SUBMITTAL RFP 9091 Electronic Citation and Crash Reporting System Page 7 of 28 For this section, Vendors 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 Vendors propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Vendors include each of the City’s questions with their response immediately following the question. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / 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. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Vendor Information 1. Describe the Vendor’s business and background 2. Number of years in the business 3. Details about ownership 4. An overview of services offered and qualifications 5. Size of the firm 6. Location(s) of offices. If multiple, please identify which will be the primary for our account. 7. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). Complete Section V, Vendor Statement. C. Scope of Proposal 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 the City to consider. 2. Describe how the project would be managed and who would have primary responsibility for its timely and professional completion. 3. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. 4. Complete Exhibit A Functional Requirements with your replies (Yes, No, or Future and your comments, if any) and include it with your Proposal. 5. Complete Exhibit B SaaS Cyber Vendor/Questionnaire with your response to the questions; and include it with your Proposal. 6. Include a description of the software and other analysis tools to be used. 7. Identify what portion of work, if any, may be subcontracted. RFP 9091 Electronic Citation and Crash Reporting System Page 8 of 28 D. Firm Capability Provide relevant information regarding previous experience related to this or similar Projects, to include the following: 1. Provide an 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 Agreement shall be provided in this section. 2. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the consulting services described above. 3. Provide examples of at least two projects where you’ve worked with your sub- consultants. List the sub-consultant firm(s) for this Agreement, their area(s) of expertise, and include all other applicable information herein requested for each sub- consultant. Identify what portion of work, if any, may be sub-contracted. 4. 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. The Vendor authorizes City to verify any and all information contained in the Vendor’s submittal from references contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information they give. E. Assigned Personnel 1. List of Project Personnel: This list should include the identification of the contact person with primary responsibility for this Agreement, the personnel proposed for this Agreement, and any supervisory personnel, including partners and/or sub consultants, and their individual areas of responsibility. 2. A resume for each professional and technical person assigned to the Agreement, including partners and/or sub consultants, shall be submitted. The résumés shall include at least three individual references from previous assignments. Please limit resumes to one page. 3. Some functions of this project may require the use of sub-consultants. If you intend to utilize sub-consultants you must list each and provide resumes for their key personnel. If no sub-consultants will be used, please state so. 4. Describe the availability of project personnel to participate in this project in the context of the vendor’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. F. Cost and Work Hours In your response to this proposal, please provide the following: 1. Complete Exhibit C Total Cost of Ownership Spreadsheet with Initial Costs (one- time) plus Recurring Costs for Years 1-5. The goal is to provide an accurate picture of cost from project initiation through Year 5. RFP 9091 Electronic Citation and Crash Reporting System Page 9 of 28 a. Include any applicable costs for support & maintenance for 5 years. b. Software licensing Cost: Vendor is to provide fixed license costs for the first five (5) years in the spreadsheet, broken down by year. c. Initial Installation and Setup Cost: Vendor is to provide cost for initial installation and setup of the system. d. Hosting Fees (if applicable): Vendor is to provide any cost for hosting fees for software as a service (if this is part of your proposed system). e. Training Cost: Vendor is to provide an overview of proposed training plan/strategy specifying how training is to be delivered. f. Maintenance & Support Cost: The City will require fixed maintenance fees for five (5) years following implementation. Provide costs for maintenance and support for each year for five years. Price increases for years beyond the initial 5 years will be capped by a mutually-agreed upon percentage. g. Optional Services: If other product specific services are recommended an estimate should be provided. Potential services may include data loading and configuration of existing data from the old system to the new one. G. Additional Information Provide any information that distinguishes Vendor from its competition and any additional information applicable to this RFP that might be valuable in assessing Vendor’s proposal. Explain any concerns Vendor may have in maintaining objectivity in recommending the best solution. All potential conflicts of interest must be disclosed. H. Agreement Vendors submitting a proposal shall provide their template agreement(s) for product licenses, implementation, support & maintenance. If selected for contract award, the City will decide if vendor contract or City contract template(s) are the best suited contract vehicle going forward. Exceptions to the Scope of Services and City Agreement (a sample of which is attached in Section VI) shall be documented. IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview/Demonstration Assessment Criteria Vendors will be evaluated on the following criteria. All criteria will be equally weighted. These criteria will be the basis for review and assessment of the written proposals and optional interview/demonstration session. At the discretion of the City, interviews and/or demonstrations of the top-rated Vendors may be conducted. 1) Vendor organization, capability, industry experience, and assigned personnel Reference and contact information from law enforcement agencies currently utilizing vendor’s proposed system, verify the degree of successful system implementation, duration of use, and customer service/support satisfaction. Does the firm have the RFP 9091 Electronic Citation and Crash Reporting System Page 10 of 28 resources, financial strength, capacity and support capabilities required to successfully complete the project on-time and in-budget? Has the firm successfully completed previous projects of this type and scope? Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 2) System functionality and ease of use: System compliance to the City’s functional requirements stated in Exhibit A. Also, from the initial collection, through transfers during the legal process, to final disposition – there must be efficiency of processes without duplication of efforts, while maintaining a robust chain of custody throughout. All system users must be able to navigate and access the system as needed and in an intuitive and streamlined manner. 3) System implementation/optimization/maintenance/training/deployment/technicial support: Ability to tailor system screens, fields, features, forms, letters and labels for Fort Collins Police Services’ needs at time of installation and as needs change in future. Comprehensive and detailed training and deployment plans. The degree and nature of customer service and technical support availability, responsiveness and efficacy. 4) Technology utilization, planning and cyber security: System capabilities, accessibility, security and storage capacities of vendor hosted servers. System utilization of most current applicable technologies. System planning and upgradability to utilize upcoming/future technologies. Data protection and privacy and security safeguards. Responses to Exhibit B Cyber Vendor Questionnaire. 5) Pricing: The comprehensive and detailed nature of the proposed pricing provided in Exhibit C, along with explanations of included and optional software, hardware and services, and the degree to which the costs provide best value and are most advantageous to the City’s financial resources. B. Reference Evaluation Criteria Prior to award, the Project Manager may check references and contact information from law enforcement agencies currently utilizing Vendor’s proposed property and evidence management system, to verify the degree of a successful system implementation, duration of use, and customer service/support satisfaction. CRITERIA STANDARD QUESTIONS Overall Performance Would you hire this Vendor again? Did they show the skills required by this project? RFP 9091 Electronic Citation and Crash Reporting System Page 11 of 28 Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Vendor responsive to client needs; did the Vendor 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? If Vendor administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 9091 Electronic Citation and Crash Reporting System Page 12 of 28 V. VENDOR STATEMENT Vendor hereby acknowledges receipt of the City of Fort Collins 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, Vendor hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Vendor’s knowledge and belief. b. Vendor commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Vendor further agrees that the method of award is acceptable. e. Vendor also agrees to complete the proposed Agreement 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. f. Vendor acknowledge receipt of addenda. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. Official Purchasing Document Last updated 10/2017 RFP 9091 Electronic Citation and Crash Reporting System Page 13 of 28 Exhibit A Functional Requirements Functional Requirements: The following section details the functional requirements for the system solution. The City is looking for a comprehensive and best practice solution for an Electronic Citation and Crash Reporting system. Respond with “Yes”, “No” or “Future Release” in the column titled “Included” to indicate if the feature is present in the current proposed release. REQUIRED FUNCTIONALITY Description Included: “Yes” “No” “N/A or “Future” Alternate Proposal, Comments 1. Electronic Citation 1. Ability to store a minimum of 10 drivers licenses or vehicle registrations so users can select the most recent queries to auto-populate in the citation. 2. The ability to use a magnetic reader or scanner that will auto-populate information into the citation when users are not connected to CAD or have an internet connection. 3. The ability to modify notes in the citation including after the driver is provided their copy and the officer is no longer in contact with the driver. 4. Bluetooth connection to printers including our existing Zebra ZQ520 and RW420 models among others. 5. Ability to upload citations directly into our Records Management System (a CentralSquare Technologies product) 6. Ability to upload directly to our Municipal Court system 7. Ability to update fines, court schedules, add or modify charges in the system with ease. Changes must be able to be pushed to users, so each device doesn’t have to be physically touched. 2. Electronic Crash 1. Ability to store a minimum of 10 drivers licenses or vehicle registrations so users can select the most recent queries to auto-populate in the report. 2. The ability to use a magnetic reader or scanner that will auto-populate information into the report when users are not connected to CAD or have an internet connection. Official Purchasing Document Last updated 10/2017 RFP 9091 Electronic Citation and Crash Reporting System Page 14 of 28 3. Ability to submit the report directly to the state of Colorado. 4. Ability to send the report directly into our Records Management System 5. Must be compatible (or moving towards compatibility) with new DR3447 form. 6. Must have the ability to supervisor approve reports before they are sent. 3. Hardware Requirements 1. Must work on any device (tablet, laptop, iPhone, etc.) and utilize multiple operating systems. 2. Any on-premise solution must be compatible with a virtual server environment. 3. Any solution must meet CJIS requirements for encryption of CJI data in transit and at rest. Additional Wants: 4-For both systems 1. Ability to take a digital picture of a driver’s license and attach it to a citation or crash report 2. Ability to start a report or citation and come back to it later 3. Ability to start the citation or crash report on one device and complete it on another device, regardless of OS. Official Purchasing Document Last updated 10/2017 RFP 9091 Electronic Citation and Crash Reporting System Page 15 of 28 Exhibit B SaaS Cyber Vendor Questionnaire 1. Data Ownership: The City of Fort Collins will own all right, title and interest in its data that is related to the services provided. All data obtained by the vendor in the performance of this services shall become and remain the property of the City. The vendor will not share or distribute any City data to any other entity without the express written consent of the City. Can you comply with this? Answer: 2. Data Protection: Describe how you safeguard the confidentiality, integrity and availability of City information, including encryption of personal data in transit and at rest, and access control. Do you have a privacy and security policy, and does the policy apply to customers’ private data including personal identifiable information? Answer: 3. Data destruction: What procedures and safeguards does the vendor have in place for sanitizing and disposing of City data according to prescribed retention schedules or following the conclusion of a project or termination of a contract to render it unrecoverable and prevent accidental and/or unauthorized access to City data? Answer: 4. Data Location: Are the data centers where City data may be stored or processed located exclusively in the United States? Do you allow your personnel or contractors to store City data on portable devices? Do your personnel and contractors access City data remotely? Answer: 5. Security Incidents or Data Breaches: Describe your data breach and incident response communication plans. Has the company experienced any security breaches? If yes, explain. Answer: 6. Breach Responsibilities: In addition to data breach communication, what additional responsibilities do you have to your customers in the event of a data breach involving private data that is in your control, or in the control of your contractors/subsidiaries, at the time of breach? Do you have cybersecurity insurance? If yes, provide an overview of the coverage. Answer: 7. Background Checks: Do you conduct criminal background checks on all staff, including subcontractors? Do you employ people convicted of any crime of dishonesty? Answer: Official Purchasing Document Last updated 10/2017 RFP 9091 Electronic Citation and Crash Reporting System Page 16 of 28 8. Access to Security Logs and Reports: The vendor shall provide reports to the City in a format as specified in the SLA agreed to by both the vendor and the City. Reports shall include latency statistics, user access, user access IP address, user access history and security logs for all City files related to this contract. Can you comply with this? Answer: 9. Risk Assessments and Audits: Do you conduct periodic risk assessments to identify cybersecurity threats, vulnerabilities, and potential business consequences? Do you have regular independent assessments of your cybersecurity processes? Do you perform independent audits of your data center? How often? What level of audit is performed (e.g., SOC2)? Would you be willing to share redacted versions of your most recent risk assessment and audit report with the City? Answer: 10. Change Control and Advance Notice: How do you communicate upgrades (e.g., major upgrades, minor upgrades, system changes) that may impact service availability and performance to your customers? Answer: 11. Upgrades: Are technology systems (e.g., servers, network devices, operating systems, applications, malware definitions) regularly updated/patched? Do you have any systems in production that are past end of life or that can no longer be patched? Answer: 12. Non-disclosure and Separation of Duties: Describe how you enforce separation of job duties and limit staff knowledge of City data to that which is necessary to perform job duties. Answer: 13. Import and Export of Data: Describe the data import and export processes from the customer’s perspective. Answer: 14. Subcontractor Disclosure: Identify all your strategic business partners related to services provided under this arrangement, including but not limited to all subcontractors or other entities or individuals who may be a party to a joint venture or similar agreement with the you, and who shall be involved in any application development and/or operations. Answer: 15. Right to Remove Individuals: The City shall have the right at any time to require that the vendor remove from interaction with City any vendor representative who the City believes is detrimental to its working relationship with the vendor. Can you comply with this? Official Purchasing Document Last updated 10/2017 RFP 9091 Electronic Citation and Crash Reporting System Page 17 of 28 Answer: 16. Encryption of Data at Rest: Can you ensure hard drive encryption consistent with validated cryptography standards as referenced in FIPS 140-2, Security Requirements for Cryptographic Modules for all personal data? Answer: 17. Internet-Facing Security: We may use BitSight (like a credit report for cyber security) to assess your internet-facing security. Do you subscribe to BitSight or a similar service, and if so are you willing to provide a sanitized report? Answer: 18. Service Interruption: In the event of an interruption of your service, what is your process for notifying customer operations of the circumstances of the interruption or outage and the expected recovery time? Answer: 19. Backup and Recovery: What is your backup & recovery SLA? What are the actual results/metrics vs. the SLA for the last 12 months? Is your backup data encrypted and, if so, to what standard? Answer: 20. Authentication: Do you have an internal password policy? Do you have complexity or length requirements for passwords? Do employees/contractors have ability to remotely connect to your production systems? (i.e. VPN. Is multi-factor authentication available? Do you require MFA for administration of your service (local or remote)? Do you support SSO/SAML ADFS for customer access? Answer: 21. Cyber Insurance: Does your firm carry cyber insurance? If so, what are your insurance levels? Answer: Official Purchasing Document Last updated 10/2017 RFP 9091 Electronic Citation and Crash Reporting System Page 18 of 28 Exhibit C Total Cost of Ownership Spreadsheet Total Cost of Ownership Vendor ____________ Yr1 Yr2 Yr3 Yr4 Yr5 Cost ITEM Summary 2020 2021 2022 2023 2024 One time Costs Ongoing costs Total One Time Costs $0.00 $0.00 $0.00 $0.00 $0.00 Total On Going Costs $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL $0.00 $0.00 $0.00 $0.00 $0.00 Include spreadsheet of all costs for implementation, licensing, training, maintenance & support, etc. with your proposal so that we can see all one-time and recurring costs for your solution for Years 1-5. Official Purchasing Document Last updated 10/2017 RFP 9091 Electronic Citation and Crash Reporting System Page 19 of 28 VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) 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(s) 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(s), 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. This Agreement shall commence , 20 , and shall continue in full force and effect until , 20 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. 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. 5. 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. 6. 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 Official Purchasing Document Last updated 10/2017 RFP 9091 Electronic Citation and Crash Reporting System Page 20 of 28 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: 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. 7. Contract Sum. The City 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(s), and incorporated herein by this reference. 8. 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. 9. 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. 10. 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 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. 11. 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 Official Purchasing Document Last updated 10/2017 RFP 9091 Electronic Citation and Crash Reporting System Page 21 of 28 responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 12. 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. 13. 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. 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. 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. 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. Official Purchasing Document Last updated 10/2017 RFP 9091 Electronic Citation and Crash Reporting System Page 22 of 28 17. Indemnity/Insurance. 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 Purchasing Director, 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. 18. 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. 19. 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. 20. 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 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 Official Purchasing Document Last updated 10/2017 RFP 9091 Electronic Citation and Crash Reporting System Page 23 of 28 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 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. 21. 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. Official Purchasing Document Last updated 10/2017 RFP 9091 Electronic Citation and Crash Reporting System Page 24 of 28 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Official Purchasing Document Last updated 10/2017 RFP 9091 Electronic Citation and Crash Reporting System Page 25 of 28 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 RFP 9091 Electronic Citation and Crash Reporting System Page 26 of 28 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 9091 Electronic Citation and Crash Reporting System Page 27 of 28 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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. Official Purchasing Document Last updated 10/2017 RFP 9091 Electronic Citation and Crash Reporting System Page 28 of 28 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.