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HomeMy WebLinkAboutRFP - 9212 WATER RESOURCE MATTERS IN THE FORT COLLINS GMARFP 9212 Water Resource Matters in the Fort Collins GMA Page 1 of 28 REQUEST FOR PROPOSAL 9212 WATER RESOURCE MATTERS IN THE FORT COLLINS GMA RFP DUE: 3:00 PM MST (our clock), November 9, 2020 The City of Fort Collins (“City”), through its Fort Collins Utilities (“Utilities”), is soliciting proposals from qualified firms to provide consulting services for a robust evaluation of the challenges and opportunities that arise from having multiple water service providers in the Fort Collins Growth Management Area (GMA). This effort will evaluate and assess challenges to the City, to Utilities, and to other water service providers that can impact organizational resilience and levels of service and will identify opportunities for improved resilience and increased resource efficiencies. 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. All questions should be submitted, in writing via email, to Pat Johnson, CPPB, Senior Buyer at pjohnson@fcgov.com, no later than 4:00 PM MST (our clock) on October 21, 2020. Please format your e-mail to include RFP 9212 Water Challenges Study 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): 92597 Water Supply, Treatment and Distribution Engineering 91897 Utilities: Gas, Water, Electric Consulting 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 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. 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 9212 Water Resource Matters in the Fort Collins GMA Page 2 of 28 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. Vendor Registration: The City requires new Vendors receiving awards from the City to fill out and submit an IRS form W-9 or W-8BEN/W8-BEN-E (international firms) and requires all Vendors to accept 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. If you take exception to participating in Direct Deposit (Electronic) payments, please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion. 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. 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 9212 Water Resource Matters in the Fort Collins GMA Page 3 of 28 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins (“City”), through its Fort Collins Utilities (“Utilities”), is soliciting proposals from qualified firms to provide consulting services for a robust evaluation of the challenges and opportunities that arise from having multiple water service providers in the Fort Collins Growth Management Area. This effort will evaluate and assess challenges to the City, to Utilities, and to other water service providers that can impact organizational resilience and levels of service and will identify opportunities for improved resilience and increased resource efficiencies. B. Background Fort Collins is located 65 miles north of Denver in Larimer County, nestled between the Rocky Mountains foothills and the Eastern Plains of Colorado. Horsetooth Reservoir borders Fort Collins to the west and the Cache la Poudre River winds its way through north Fort Collins before reaching the South Platte River east of Greeley, CO. In the late 1950s and early 1960s, property owners in unincorporated areas around Fort Collins (as it then existed) requested the City to extend water service into those areas. At that time, the City determined such an expansion was beyond its financial capabilities and denied requests for service. Pressure for development in those areas continued to increase. As a result, separate water districts were formed to provide the service. Development continued as did demand for other municipal services. The City has since gradually annexed and included areas in the Growth Management Area (“GMA”, which represents the projected maximum City limits) that are served by these water districts, mainly East Larimer County Water District (“ELCO”) and Fort Collins-Loveland Water District (“FCLWD”). These water districts are separate legal governmental entities with various legal rights and powers. Map of water provider service areas available here: https://gisweb.fcgov.com/HTML5Viewer/Index.html?Viewer=utility%20districts All water providers in the GMA are independent organizations with their own built infrastructure systems, their own water supply portfolios, and their own distinct organizational structure – with only Utilities being under the authority of the City. Each organization operates under the guidance of its own core values and missions, planning and operational policies, including long-term supply planning, water development fees, and customer programs, such as billing, metering, and conservation efforts. Additionally, water supplies in Colorado have various legal limitations on their use and ability to share among providers. Utilities currently provides water service to about 75% of Fort Collins’ residents and businesses. The Utilities water service area does not align with Fort Collins city limits and is landlocked by neighboring water districts – mainly FCLWD to the south and ELCO to the northeast. Utilities anticipates limited new development and mostly re-development of existing properties within its water service area. It is anticipated FCLWD and ELCO will serve much of the new (greenspace) development in the GMA. Both water districts also provide service to customers outside the GMA, including customers in other municipalities. In 2019, Utilities supplied approximately 22,500 acre-feet of treated water to 35,700 residential and commercial taps, met about 3,500 acre-feet of raw water obligations (a RFP 9212 Water Resource Matters in the Fort Collins GMA Page 4 of 28 portion of which goes to ELCO and FCLWD), and rented an additional 16,800 AF of raw water for irrigation uses, some to properties inside the City limits, but mostly to farms and ranches outside the GMA. There have been several challenges identified in recent years related to multiple water providers in the Fort Collins GMA. These include challenges stemming from differences in rates and development costs (which have been magnified in recent years due to significant increases in housing demand, overall housing costs and the effect on affordability in the GMA), differences in customer programming, and potential differences in levels of service, to name just a few. These types of challenges can create confusion for developers and water users across the GMA. The above challenges notwithstanding, there have been successful efforts over the years, where shared benefits were identified, to coordinate on specific water issues with other water providers in the GMA. Examples include developing shared infrastructure for raw water delivery to treatment facilities, establishing interconnects to create redundancy in treated water delivery systems, and partnering with ELCO and FCLWD to expand the Sprinkler Audit program into those service areas. Some efforts to explore broader collaborative solutions, however, have been met with limited success. Such efforts have not fully accounted for underlying issues and constraints. This study will be focused on problem identification, impact analysis, and benefit/risk assessment to understand how the identified challenges effect departments across the City and Utilities, other water providers in the GMA, and the Fort Collins community. Staff anticipates this effort will provide a clearer picture of the challenges we face, the underlying drivers of the issues, the opportunities to increase efficiencies and resilience, and provide options for how we work with our partners across the City organization and City community. All of which are necessary to identify in anticipation of updating our water policy. II. SCOPE OF PROPOSAL A. Scope of Work The draft scope of work outlined below provides guidance to responding Consultant teams by outlining the major elements Utilities has identified for this effort. That said, we anticipate this scope of work and final cost will be revised and finalized collaboratively after Consultant selection. We encourage creative and thoughtful proposals that demonstrate understanding of the nature of Colorado water law and the various organizational structures of water providers while emphasizing the delicate balance of meeting competing interests across various City and Utility departments and other regional entities. This planning effort must align with current Council priorities by approaching the identification of challenges and opportunities through a racial equity lens. In doing so, we can reduce negative impacts and outcomes to historically underrepresented individuals and groups in Fort Collins while optimizing opportunities that will benefit all Fort Collins community members. This consideration should be woven through all phases of this effort. The City and Utilities already have inhouse and outside legal counsel, so applicants should not include legal counsel as part of their team. RFP 9212 Water Resource Matters in the Fort Collins GMA Page 5 of 28 TASK 1 – Project Kickoff and Peer Municipality/Organization Research The selected team will meet with staff to finalize the work plan together, integrating relevant background information, including recently addressed regional water topics. This will include, at a minimum, the following elements: a. Development of final scope of work with detailed tasks and objectives b. Detailed schedule to include all meetings/workshops, key milestones, and deliverables c. Development of working groups to include stakeholders (team members) from key Utility and City departments, and other water providers in the GMA o Key departments include, but are not limited to, the City Manager’s Office, the City Attorney’s Office, City Planning, Parks, Park Planning, Natural Areas, Internal Affordable Housing Task Force, Utilities Water Resources Division, Utilities Water Conservation Team This Task will also include performing and summarizing research on peer municipalities and organizations, including assessing the prevalence of similar challenges for organizations across Colorado, and documenting how other communities have tackled their challenges. This summary should include various forms of the “one-to-many” and “many-to-one” relationships between service providers and the communities they serve (e.g., one water utility serving multiple municipalities versus multiple water districts serving one municipality). The examples can go beyond water service providers but should stay focused on fixed boundary services. The summary must highlight, at a minimum, organizational structures, fee structures, legal limitations, and creative solutions to the challenges of managing competing demands for water (or other similar resource/service) across multiple organizations, and where possible, discuss outcomes of applied solutions. Estimated schedule: 6 weeks from full execution of the Agreement Deliverables: Work plan, budget, schedule (including all planned workshops), working groups, peer research summary TASK 2 – Identification and Evaluation of Challenges The Consultant team will support this Task by organizing and facilitating meetings with the working groups formed in Task 1. The proposal should include details of how the Consultant will organize and facilitate these meetings in our current COVID-19 informed environment. Together these groups will: a. Identify and evaluate the challenges of having multiple water providers in the GMA o Gain understanding of the fundamental drivers and values that underpin these challenges o Identify concerns and priorities of departments at various levels of the City organization, as well as the other water service providers b. Assess implications of challenges to the identifying group as well as other departments across the City, other water service providers, and the Fort Collins community o For example, differences in Water Conservation programs between Utilities, ELCO and FCLWD creates inequities in available programming to RFP 9212 Water Resource Matters in the Fort Collins GMA Page 6 of 28 residents and businesses within the GMA. Implications of this challenge could include impacts to the community and organizations, as well as inefficiencies in program implementation. c. Assess factors which impact ability to address challenges, identifying the spheres of influence for different departments and organizations (what is or is not within their ability to influence). Examples of factors include, but are not limited to: o Legal authorities of City and other service providers o Limitations of Utilities enterprise o Water supply and decree limitations o Funding and/or staffing limitations Additionally, the Consultant team will work with staff to develop an evaluation framework (e.g., weighted scoring system incorporating both qualitative and quantitative input) to evaluate the drivers and implications of each challenge, including identification of the various spheres of influence. The framework will be used to facilitate prioritization of challenges for the City organization. Framework language should align with recent and ongoing planning efforts in related areas across the City, including the Housing Strategic Plan and the Our Climate Future planning effort, a joint planning effort to update the Climate Action Plan, the Energy Policy, and the Road to Zero Waste Plan. Estimated schedule: 8 weeks Deliverables: Draft summary of prioritized challenges, tracking the drivers and implications of each and the ability to address them; evaluation framework to prioritize future challenges TASK 3 – Identification and Evaluation of Opportunities Staff anticipates there is a spectrum of ways to address the challenges identified in Task 2. The array of possible opportunities will have varying levels of risk and could accrue benefits and costs to different City departments or organizations. The Consultant team will support this Task by: a. Exploring and evaluating potential solutions to address the challenges and opportunities, for example: o Explore alternative funding mechanism to support conservation programming across the GMA b. Identifying and quantifying the risks and benefits of each opportunity for all departments and organizations (e.g., which department/organization bears the risk, accrues the cost, accrues the benefit) o Identify the group/organization holding the locus of control for moving an opportunity forward, and the level of effort required (e.g., does it require a change to City Charter, City Council approval, are there regulatory considerations, or is it within Staff control?) c. Assessing and quantifying potential staffing and/or other resource needs for implementation Additionally, the Consultant team will work with staff to incorporate the opportunities into the evaluation framework developed in Task 2, facilitating identification of the most advantageous opportunities, as well as those which are non-starters. RFP 9212 Water Resource Matters in the Fort Collins GMA Page 7 of 28 Staff anticipates a potential need for additional working group meetings to appropriately assess opportunities and identify the risks and benefits across the multiple City and Utilities departments. Please address this need in the proposal, including in the schedule and budget. Estimated schedule: 8 weeks Deliverables: Draft summary of prioritized opportunities, including risks and benefits, mapped to corresponding challenges; expanded evaluation framework to assess future opportunities TASK 4 – Systematic Approach to Addressing Future Ad-Hoc Water Challenges Arising from Multiple Water Service Providers in the GMA Staff understands that after identifying current challenges arising from multiple water service providers across the GMA and developing possible opportunities, there will continue to be new challenges that arise in the future. Historically, Utilities has addressed these situations on an ad-hoc basis, assessing each new circumstance as it arises, which proves to be an inefficient process that is not repeatable across each situation. The Consultant team will support Staff in drafting a systematic approach to evaluate new water supply challenges and opportunities which impact the City and Utilities, that builds upon the tools created in Tasks 2 and 3. Staff anticipates this will take the form of a set of protocols (e.g., a decision matrix) along with the evaluation framework developed in Tasks 2 and 3. Staff anticipates these protocols will be incorporated into an updated water policy, providing guidance and direction for how we approach challenges and opportunities in the future. Staff encourages creative ideas for addressing this need. Estimated schedule: 6 weeks Deliverables: Set of protocols integrated with the evaluation framework TASK 5 – Summary Report and Presentation Task 5 will include compiling findings from all previous Tasks into a final submission, including a final summary presentation to City staff and other stakeholders. The final report must include guidance documentation to facilitate future use of the evaluation framework and decision protocols. Additionally, the Consultant team will develop and deliver a summary presentation to all stakeholders. The presentation should include, at a minimum, high points from the peer research, a discussion of the prioritized list of identified challenges and opportunities, and a discussion of the evaluation framework and decision protocols, highlighting their use for guiding future policy development. Staff anticipates utilizing pieces of the final presentation as an education and communication tool for other audiences to help facilitate an understanding of water management challenges in our community. Estimated schedule: 4 weeks Deliverables: Final report compiling the deliverables from all Tasks; guidance document for utilizing the evaluation framework and decision protocols; summary presentation to all stakeholders B. 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 9212 Water Resource Matters in the Fort Collins GMA Page 8 of 28 • RFP issuance: October 14, 2020 • Question deadline: 4:00 PM MST on October 21, 2020 • Final Addendum issued: October 23, 2020 • Proposal due date: 3:00 MST (our clock) on November 9, 2020 • Notification of shortlist: November 18, 2020 • Interviews (tentative): December 2 & 3, 2020 C. Budget The budget for this project is limited to a maximum of $50,000, therefore Vendors are invited to submit proposals with the tasks prioritized to aid the City in working together with the selected firm to identify and implement core tasks within the budget available for this project. D. Interviews 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 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. Because of recent events involving COVID-19, the City may use non-traditional methods for the optional interview phase of the assessment process. The City will receive, and score written proposals. However, instead of traditional in-person interviews for the optional interview session, the City may opt to use alternate methods including, but not limited to remote interviews through a platform such as Microsoft Teams or Zoom. E. Travel & Expenses Vendors are to provide a list of fees for reimbursable expenses. Reasonable expenses may be reimbursable as 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. 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 RFP 9212 Water Resource Matters in the Fort Collins GMA Page 9 of 28 City will negotiate an appropriate unit price for the service prior to Consultant initiating such work. The City pays invoices on Net 30 terms. H. COVID-19 Compliance. The Service Provider and its subcontractors shall comply with all state, county, and local laws, ordinances, and public health orders established to reduce the spread of COVID- 19, as applicable. The Service Provider shall ensure employees and subcontractors with COVID-19 symptoms do not report to the job site. Service Provider must organize work to ensure individuals minimize contact and maximize social distancing. Individuals must wear all standard worksite personal protective equipment (PPE). In addition, individuals should wear a mask or cloth face covering consistent with OSHA and other applicable safety requirements. III. PROPOSAL SUBMITTAL Please limit the total length of your proposal to a maximum of twenty (20) double sided or forty (40) 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 0.5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page. Links to other documents, files or websites shall not be permitted. Proposals that do not conform to these requirements may be rejected. 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 RFP 9212 Water Resource Matters in the Fort Collins GMA Page 10 of 28 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. Include a description regarding how the analysis will be performed for the various identified areas identified, the methods and assumptions used, and the limitations of the analysis. 3. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. 4. Include a description of the software and other analysis tools to be used. 5. Identify what portion of work, if any, may be subcontracted. 6. How will you ensure compliance with Covid-19 requirements? 7. Provide an outline of the schedule for completing tasks. 8. Can the work be completed in the necessary timeframe, with target start and completion dates met? 9. Are other qualified personnel available to assist in meeting the project schedule if required? 10. Is the project team available to attend meetings as required by the Scope of Work? D. Firm Capability & Assigned Personnel 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 similar projects with public agencies in the last 5 years that have involved the staff proposed to work on this project. Include the owner’s name, title of project, beginning price, ending price, contact name, email and phone number, sub-consultants on the team and a brief description of the work and any change orders. 4. Provide examples of at least two projects where you’ve worked with your sub- consultants, if applicable. 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. RFP 9212 Water Resource Matters in the Fort Collins GMA Page 11 of 28 5. References (current contact name, current telephone number and email address) from 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 Consultant authorizes City to verify any and all information contained in the Consultant’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. 6. Please speak to the issues and/or opportunities related to the remote working situation. Specifically, what are ways to keep the project on schedule and still facilitate meetings with stakeholders and property owners? 7. What adjustments to your processes do you plan to make due to COVID-19? 8. 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. 9. 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. 10. Some functions of this project may require the use of sub-consultants. If you intend to utilize sub-consultants, list each and provide resumes for their key personnel. 11. Describe the availability of project personnel to participate in this project in the context of the vendor’s other commitments. 12. Provide a list of similar projects completed in the last five (5) years by the key members of the proposed team. E. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe your organization’s commitment to sustainability and supporting values. Address how your firm strives to incorporate all three aspects (social, environmental, and economic) of Triple Bottom Line (TBL) sustainable practices into the workplace. Provide examples along with any metrics used to measure success within your firm. Also provide examples of how your firm has incorporated all three aspects of TBL sustainable practices in previous similar projects on which your firm has been the prime Consultant on. Some examples are provided below: 1. Environmental – Experience delivering projects / programs focused on environmental health priorities in the areas of climate resiliency, water quality and watershed protection, regulatory performance, management systems, air quality, renewable energy, sustainable building and design, construction materials management, and solid waste reduction. 2. Economic – Experience working and delivering projects with an emphasis on strategic financial planning, job creation, business development, asset management, various project delivery methods, value engineering, regional partnerships, RFP 9212 Water Resource Matters in the Fort Collins GMA Page 12 of 28 transparency, stakeholder engagement, strategic investments, aging infrastructure, repurposing of existing facilities, and competing financial priorities. 3. Social - Experience working and delivering projects, programs, and/or initiatives that support Equity, Diversity, and Inclusion throughout your firm’s workplace, including leadership, and supply chain. Examples of this may be demonstration of working within cultural and language gaps, development of diversity programs, diverse project teams, equitable opportunity vendor supply chain, and how your firm has applied an equity lens to processes such as recruitment, hiring, purchasing, career pathways, salaries, and staff engagement. Each element of the TBL sustainability criteria will receive equal consideration in determining the final Sustainability/TBL score. F. Cost and Work Hours Reasonable expenses will be reimbursable as per the current rates found at www.gsa.gov. Vendor will be required to provide original receipts to the City for all reimbursable expenses. In your response to this proposal, please provide the following: 1. Estimated Hours by Task: Provide estimated hours for each proposed task by job title and employee name, including the time required for meetings, conference calls, etc. 2. Cost by Task: Provide the cost of each task identified in the Scope of Proposal section, identified by personnel and hourly rate. Provide a total not to exceed figure for the Scope of Proposal. Price all additional services/deliverables separately. 3. Schedule of Rates: Provide a schedule of billing rates by category of employee and job title to be used during the term of the Agreement. This fee schedule will be firm for at least one (1) year from the date of the Agreement. The fee schedule will be used as a basis for determining fees should additional services be necessary. Include a per meeting rate in the event additional meetings are needed. A fee schedule for sub-consultants, if used, shall be included. 4. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project and not included in the billing rates must be identified. Travel expenses may be reimbursable as per the attached Fort Collins Expense Guidelines. Vendor will be required to provide original receipts to the City for all travel expenses. 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. Exceptions to the Scope of Services and City Agreement (a sample of which is attached in Section VI) shall be documented. RFP 9212 Water Resource Matters in the Fort Collins GMA Page 13 of 28 IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Vendors will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Vendors may be conducted. 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 4.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? 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? 3.0 Firm Capability & Assigned Personnel Does the firm have the 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? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? 2.0 Cost & Work Hours Does the proposal include detailed cost break- down for each cost element as applicable and are the line-item costs competitive? 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 by each project task or phase? RFP 9212 Water Resource Matters in the Fort Collins GMA Page 14 of 28 Definitions Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition for TBL is that it “captures the essence of sustainability by measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” B. Reference Evaluation Criteria Prior to award, the Project Manager will check references using the following criteria. Negative responses from references may impact the award determination. CRITERIA STANDARD QUESTIONS Overall Performance Would you hire this Vendor 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 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 9212 Water Resource Matters in the Fort Collins GMA Page 15 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 9212 Water Resource Matters in the Fort Collins GMA Page 16 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 9212 Water Resource Matters in the Fort Collins GMA Page 17 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, 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 9212 Water Resource Matters in the Fort Collins GMA Page 18 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. 17. Indemnity/Insurance. Official Purchasing Document Last updated 10/2017 RFP 9212 Water Resource Matters in the Fort Collins GMA Page 19 of 28 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 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 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. Official Purchasing Document Last updated 10/2017 RFP 9212 Water Resource Matters in the Fort Collins GMA Page 20 of 28 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. 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 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 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 Official Purchasing Document Last updated 10/2017 RFP 9212 Water Resource Matters in the Fort Collins GMA Page 21 of 28 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 three (3) pages, attached hereto and incorporated herein by this reference. Official Purchasing Document Last updated 10/2017 RFP 9212 Water Resource Matters in the Fort Collins GMA Page 22 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 9212 Water Resource Matters in the Fort Collins GMA Page 23 of 28 EXHIBIT A SCOPE OF SERVICES Official Purchasing Document Last updated 10/2017 RFP 9212 Water Resource Matters in the Fort Collins GMA Page 24 of 28 EXHIBIT (BID SCHEDULE/COMPENSATION) Official Purchasing Document Last updated 10/2017 RFP 9212 Water Resource Matters in the Fort Collins GMA Page 25 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 9212 Water Resource Matters in the Fort Collins GMA Page 26 of 28 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH THE SERVICES to be provided by Professional under this Agreement, the parties agree to comply with reasonable policies and procedures with regard to the exchange and handling of confidential information and other sensitive materials between the parties, as set forth below. 1. Definitions. For purposes of this Agreement, the party who owns the confidential information and is disclosing same shall be referenced as the “Disclosing Party.” The party receiving the Disclosing Party’s confidential information shall be referenced as the “Receiving Party.” 2. Confidential Information. Confidential Information controlled by this Agreement refers to information which is not public and/or is proprietary and includes by way of example, but without limitation, City customer information, utility data, service billing records, customer equipment information, location information, network security system, business plans, formulae, processes, intellectual property, trade secrets, designs, photographs, plans, drawings, schematics, methods, specifications, samples, reports, mechanical and electronic design drawings, customer lists, financial information, studies, findings, inventions, and ideas. To the extent practical, Confidential Information shall be marked “Confidential” or “Proprietary.” Nevertheless, Professional shall treat as Confidential Information all customer identifiable information in any form, whether or not bearing a mark of confidentiality or otherwise requested by the City, including but not limited to account, address, billing, consumption, contact and other customer data. In the case of disclosure in non- documentary form of non-customer identifiable information, made orally or by visual inspection, the Disclosing Party shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing the fact and general nature of each disclosure within a reasonable time after it is made in order that it is treated as Confidential Information. Any information disclosed to the other party prior to the execution of this Agreement and related to the services for which Professional has been engaged shall be considered in the same manner and be subject to the same treatment as the information disclosed after the execution of this Agreement with regard to protecting it as Confidential Information. 3. Use of Confidential Information. Receiving Party hereby agrees that it shall use the Confidential Information solely for the purpose of performing its obligations under this Agreement and not in any way detrimental to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party uses with respect to its own proprietary or confidential information, which in any event shall result in a reasonable standard of care to prevent unauthorized use or disclosure of the Confidential Information. Except as otherwise provided herein, Receiving Party shall keep confidential and not disclose the Confidential Information. The City and Professional shall cause each of their directors, officers, employees, agents, representatives, and subcontractors to become familiar with, and abide by, the terms of this section, which shall survive this Agreement as an on-going obligation of the Parties. Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, other than in the performance of obligations under this Agreement. Official Purchasing Document Last updated 10/2017 RFP 9212 Water Resource Matters in the Fort Collins GMA Page 27 of 28 4. Exclusions from Definition. The term “Confidential Information” as used herein does not include any data or information which is already known to the Receiving Party or which before being divulged by the Disclosing Party (1) was generally known to the public through no wrongful act of the Receiving Party; (2) has been rightfully received by the Receiving Party from a third party without restriction on disclosure and without, to the knowledge of the Receiving Party, a breach of an obligation of confidentiality; (3) has been approved for release by a written authorization by the other party hereto; or (4) has been disclosed pursuant to a requirement of a governmental agency or by operation of law. 5. Required Disclosure. If the Receiving Party is required (by interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process, or by federal, state, or local law, including without limitation, the Colorado Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving Party will provide the Disclosing Party with prompt notice of such request, so the Disclosing Party may seek an appropriate protective order or waive the Receiving Party’s compliance with this Agreement. The Receiving Party shall furnish a copy of this Agreement with any disclosure. 6. Notwithstanding paragraph 5, Professional shall not disclose Confidential Information to any person, directly or indirectly, nor use it in any way, except as required or authorized in writing by the City. 7. Red Flags Rules. Professional must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Professional must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the City. 8. Data Protection and Data Security. In addition to the requirements of paragraph 7, Professional shall have in place information security safeguards designed to conform to or exceed industry best practices regarding the protection of the confidentiality, integrity and availability of utility and customer information and shall have written agreements requiring any subcontractor to meet those standards. These information security safeguards (the “Information Security Program”) shall be materially consistent with, or more stringent than, the safeguards described in this Exhibit. a) Professional’s information security safeguards shall address the following elements: • Data Storage, Backups and Disposal • Logical Access Control (e.g., Role-Based) • Information Classification and Handling • Secure Data Transfer (SFTP and Data Transfer Specification) • Secure Web Communications • Network and Security Monitoring • Application Development Security • Application Security Controls and Procedures (User Authentication, Security Official Purchasing Document Last updated 10/2017 RFP 9212 Water Resource Matters in the Fort Collins GMA Page 28 of 28 Controls, and Security Procedures, Policies and Logging) • Incident Response • Vulnerability Assessments • Hosted Services • Personnel Security b) Subcontractors. Professional may use subcontractors, though such activity shall not release or absolve Professional from the obligation to satisfy all conditions of this Agreement, including the data security measures described in this Exhibit, and to require a substantially similar level of data security, appropriate to the types of services provided and Customer Data received, for any subcontractor Professional may use. Accordingly, any release of data, confidential information, or failure to protect information under this Agreement by a subcontractor or affiliated party shall be attributed to Professional and may be considered to be a material breach of this Agreement. 9. Confidential Information is not to be stored on any local workstation, laptop, or media such as CD/DVD, USB drives, external hard drives or other similar portable devices unless the Professional can ensure security for the Confidential Information so stored. Work stations or laptops to be used in the Work will be required to have personal firewalls on each, as well as have current, active anti-virus definitions. 10. The Agreement not to disclose Confidential Information as set forth in this Exhibit shall apply during the term of the Work and at any time thereafter unless specifically authorized by the City in writing. 11. If Professional breaches this Agreement, in the City’s sole discretion, the City may immediately terminate this Agreement and withdraw Professional’s right to access Confidential Information. 12. Notwithstanding any other provision of this Agreement, all material, i.e., various physical forms of media in which Confidential Information is contained, including but not limited to writings, drawings, tapes, diskettes, prototypes or products, shall remain the sole property of the Disclosing Party and, upon request, shall be promptly returned, together with all copies thereof to the Disclosing Party. Upon such return of physical records, all digital and electronic data shall also be deleted in a non-restorable way by which it is no longer available to the Receiving Party. Written verification of the deletion (including date of deletion) is to be provided to the Disclosing Party within ten (10) days after completion of engagement, whether it be via termination, completion or otherwise. 13. Professional acknowledges that the City may, based upon the representations made in this Agreement, disclose security information that is critical to the continued success of the City’s business. Accordingly, Professional agrees that the City does not have an adequate remedy at law for breach of this Agreement and therefore, the City shall be entitled, as a non- exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction or decree of specific performance or any other remedy, from a court of competent jurisdiction to enjoin or remedy any violation of this Agreement.