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HomeMy WebLinkAboutRFP - 8108 BROADBAND ENGAGEMENT SERVICESRFP- 8108 Broadband Engagement Services Page 1 of 19 REQUEST FOR PROPOSAL 8108 BROADBAND ENGAGEMENT SERVICES The City of Fort Collins (City) is requesting proposals from experienced teams or firms to assist in the exploration of broadband services. The proposal will include supporting City staff in the following areas: A) community needs assessment; B) benchmark communities’ case studies; C) market research analysis; D) assistance in the development of tools for stakeholder engagement and E) support for the overall community engagement plan. The consulting team will provide assistance to City staff in the management and services to develop the plan. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, seven (7) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), April 27, 2015 and referenced as Proposal No. 8108. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the RFP should be directed to the Project Manager, Jessica Ping-Small at 970-221-6626 or jping-small@fcgov.com. Questions regarding RFP submittal or process should be directed to Jill Wilson, Buyer at (970) 221-6216 or jwilson@fcgov.com. All questions must be submitted in writing via email to Jessica Ping-Small, with a copy to Jill Wilson, no later than 5:00 PM our clock on April 16, 2015. Questions received after this deadline will 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. A copy of the RFP may be obtained at www.rockymountainbidsystem.com. The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP- 8108 Broadband Engagement Services Page 2 of 19 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. 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. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Director of Purchasing & Risk Management RFP- 8108 Broadband Engagement Services Page 3 of 19 REQUEST FOR PROPOSAL (RFP) 8108 Broadband Engagement Services I. INTRODUCTION The City is requesting proposals from experienced teams or firms to assist in the exploration of broadband services. The proposal will include supporting City staff in the following areas: A) community needs assessment; B) benchmark communities’ case studies; C) market research analysis; D) assistance in the development of tools for stakeholder engagement and E) support for the overall community engagement plan. The consulting team will provide assistance to City staff in the management and services to develop the plan. Citizen input and participation is critical to the success of this project. Through the City of Fort Collins’ 2015 – 2016 Strategic Plan, the community has identified the importance of encouraging the development of reliable and cost-effective next generation broadband (“broadband”) services. As such, the City’s 2015-2016 approved budget includes the evaluation of advanced broadband services. “Next generation” broadband services are becoming available in a number of cities across the country; examples include Chattanooga, Kansas City, Lafayette, and Lawrence. Early evidence suggests that next generation broadband services have a net positive economic and social impact to local economies, while enhancing a community’s quality of life through expanded innovation opportunities, workforce development training, the narrowing of the digital and/or economic divide, and improved organizational operation efficiencies. The City’s Broadband Strategic Plan will:  Develop a shared understanding within the community regarding the value of next generation high-speed broadband services;  Engage and educate the public regarding the value of broadband;  Determine the community’s needs and desires regarding Broadband;  Identify and evaluate benchmark communities’ case studies in regard to various broadband options the City of Fort Collins should consider;  Evaluate the broadband market locally and nationally;  Present implementation options based on community feedback; and  Evaluate the legislative landscape, including SB152, and make recommendations regarding the timing of addressing legislative barriers, if recommended through the community engagement process. The City expects to enter into a Professional Services Agreement (Agreement) with the awarded firm. The anticipated terms and conditions of the Agreement are set forth in attached Exhibit “A”, Sample Professional Services Agreement, consisting of eight (8) pages and incorporated herein by reference; however, the City may include additional terms and conditions in the Agreement as deemed necessary. II. BACKGROUND AND PROJECT DESCRIPTION The City of Fort Collins is a full-service municipality that operates under the Council/Manager form of government. The City’s mission, vision and values provides the foundation for the City RFP- 8108 Broadband Engagement Services Page 4 of 19 of Fort Collins’ 2015-2016 Strategic Plan’s seven key outcome areas: Community and Neighborhood Livability, Culture and Recreation, Economic Health, Environmental Health, Safe Community, Transportation and High Performing Government. The City’s strong commitment to providing world-class municipal services for an exceptional community underlies every strategic objective. The City of Fort Collins 2015 – 2016 Strategic Plan Objective 3.11 encourages the development of reliable and cost-effective ultra high speed internet services throughout the community. For the purpose of this RFP, broadband and Next Generation Broadband are used interchangeably. As the demand for more advanced, reliable and affordable broadband services rises, the City must define its ongoing role in ensuring access is provided. Employing the research driven outcomes, the City of Fort Collins is committed to maintaining and enhancing the quality of broadband services that currently exists. Additionally, research indicates that broadband is critical for the success in the following areas:  Economic health;  Organizational effectiveness;  Public safety;  Underserved citizenry;  Workforce development; and  Education and institutional partnerships. III. PROJECT OBJECTIVE, GOALS AND OUTCOMES The City’s Broadband Strategic Plan project will include the following objectives (includes multiple phases):  Gather benchmark data and market analysis including case write-ups on other similar municipalities that have implemented broadband;  Learn from successes and failures of other communities broadband implementations;  Conduct market analysis of industry trends, legislative barriers, market opportunities and other pertinent information;  Community engagement to understand community’s desire for various levels of service;  Develop a shared understanding within the community regarding the value of next generation high-speed broadband services;  Summarize the community’s desire and willingness for broadband services;  Identify strengths, weaknesses, opportunities and threats of the existing broadband climate;  Understand the City’s competitive position related to a set of benchmarks;  Analyze feasibility and options for broadband services; and  Recommendation for future direction. IV. SCOPE OF SERVICES The Scope of Services shall include the following phases which will take place concurrently: RFP- 8108 Broadband Engagement Services Page 5 of 19 Phase 1a: Gather benchmark data and develop case write-ups on 12-18 municipalities that have implemented broadband, including but not limited to:  Organizational approach; i.e. regulations and policy, public private partnerships, and municipal utility. Data to include rational for approach implemented.  How was organizational capability developed, internally or externally? If internally, as a standalone organization or integrated into existing utility? Infrastructure implementation & maintenance, customer service, billing (existing system or new purchased system), marketing, etc.  Level of investment: Cost of infrastructure deployment, cost to develop organizational capability, and how financed (method, term and rate).  Services offered: Internet wholesale, internet retail as ISP, phone, video, etc.  Cost of service offerings: Expected internal cost of service, required take rate at various pricing assumptions.  Customer Pricing model: Residential, business, incentives, bundled pricing, and additional services such as leased modems, etc.  Timeframe to implement full deployment.  Best Practices.  Municipal Code changes required prior to implementation.  Key Learnings.  Impact: Quantitative and qualitative. Phase 1b: Conduct market analysis, including but not limited to:  Industry trends;  Cost and pricing structures;  Service offering alternatives;  Legislative barriers: 1. Colorado legislation SB-152; 2. Federal legislation;  Market opportunities and threats; and  Local broadband environment – who offers it, who has it, etc. Phase 2: Community engagement process to educate and define the following:  Development of the Community Engagement Plan: Coordinate with City staff in regard to the community engagement plan to capture current and future needs of the community. The engagement plan will include education and background information for community members, as well as online resources.  Support community discussion and document: 1. Community’s desire for broadband service; RFP- 8108 Broadband Engagement Services Page 6 of 19 2. Willingness to pay, and at what price, for high speed broadband service; and 3. Citizens view on the role that the municipal government should take in providing broadband service. The Scope of Services will include, but not be limited to, the following Key Deliverables:  Comprehensive Report of Benchmark Data – Case Studies;  Summary Report of Benchmark Data;  Market Analysis report;  Community Education Materials;  Community Engagement Plan including timeline;  Summary report of learnings from Community engagement; and  Comprehensive Integrated Report of key findings from benchmark data, market analysis, community engagement which will serve as the foundation for the Broadband Strategic Plan. The following task is not part of the proposed Scope of Services of this RFP:  Financial Feasibility Analysis & Recommendation: The City will be posting an additional Request for Proposal for this additional work. V. MEETINGS AND PUBLIC PROCESS The project will be a collaboration of City staff, key stakeholders, and the Consultant(s), requiring coordination and review throughout the project. The Consultant(s) will be expected to participate in several types of meetings (not all members of the team may need to attend all meetings). City staff anticipates that an overall strategy for stakeholder involvement will be developed in a collaborative process with the selected Consultant. A. Initial Coordination Meeting: At this meeting, the City and the Consultant will finalize a detailed schedule of the project, identify important milestones with target dates, and finalize a detailed Scope of Services. B. Progress Meetings: Progress meetings will be held periodically throughout the project. These meetings may occur via conference call or face-to-face depending on the travel schedule of the Consultant(s) associated with the project. C. Key Stakeholder Meetings: The City anticipates there may be a number of key stakeholder meetings. The final key stakeholder involvement plan will be collaboration between City staff and the selected Consultant. D. City Council Presentations: The Consultant shall plan to attend at least one meeting with City Council a regular meeting to present the final version of the broadband Strategic Plan, where City Council will adopt the plan. RFP- 8108 Broadband Engagement Services Page 7 of 19 VI. AREAS OF EXPERTISE The City is looking for interdisciplinary teams that possess the following four areas of expertise in order to assist in achieving the above outcomes. All submissions should demonstrate a clear understanding, experience, and capability in these areas of expertise. Selection preference will be given to the team that demonstrates a unique and creative approach to developing the revised Broadband Strategic Plan. A. Industry Experience: The Consultant(s) shall possess relevant private industry experience, either in the form of business experience or through consulting engagements. The experience should focus on business processes related to next generation broadband community engagement. In addition, this experience should include success in delivering new technologies or ideas to the market. B. Community Engagement: The Consultant(s) shall possess proven experience working with diverse community partners and stakeholders. The experience should focus on a multi-prong approach to engagement from start to completion. C. Technical Experience: The Consultant(s) shall possess proven understanding of the broadband industry including the technology and infrastructure requirements. VII. SUBMITTAL REQUIREMENTS The following information must be included in the proposal. Required proposal documents must be arranged in the order listed below. 1. Consultant Background: A brief history and background of the Consultant Company(ies), including years providing services similar to the scope and specifications described in this RFP. 2. Project Approach: A brief description of the Consultant’s approach to delivering the outcomes described in this RFP. 3. Scope of Services: A brief summary of the proposed Scope of Services; relating it to the Scope of Services detailed in this RFP and any changes, modifications, or enhancements. Acknowledge consent to adhere to the attached Agreement if selected. 4. List of Deliverables: A brief list of the key deliverables associated with the proposed Scope of Services. All deliverables will be the property of the City. 5. Project Manager: Name the primary project manager on the team. The project manager should have experience presenting to elected officials and managing stakeholder outreach. Confirm project manager is available to attend all City Council presentations and stakeholder events. 6. Project Team Roles and Responsibilities: Describe the roles and responsibilities of each key team member. Please connect this to the areas of expertise identified in this RFP. Include a resume of the key personnel anticipated to work on the project. Are other qualified personnel available to assist in meeting the project schedule if required? RFP- 8108 Broadband Engagement Services Page 8 of 19 7. Sustainability: Provide an overview of the firm’s philosophy and approach to Sustainability. In no more than one (1) page, please describe how your firm strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. 8. Project Budget: A matrix, chart, or table describing the estimated cost and allocation of resources for each key team member. Please connect this to the areas of expertise identified in this RFP. The proposal should include a not-to-exceed price for each phase detailing the assigned personnel by discipline, hours, and hourly rate for each task required by the Scope of Services. 9. Relevant Experience: At least three (3) examples of similar work (per team member) conducted for either public or private clients, ideally within the last five (5) years. Each example shall include a description, if project was completed on-time, list of deliverables, outcomes, and references. 10. References: List of three (3) references, with whom the Project Manager can contact, from organizations in which similar services have been provided by the proposing firm within the last two (2) years. Include the name and address of each referenced company, as well as the name, title, and phone number of the contact person. 11. Additional Material: Any additional material that differentiates your firm from potential competition. Please limit this section to one (1) page. VIII. COMPENSATION Compensation for these services will be on a Not-to-Exceed Time and Reimbursable Direct Cost Basis. Upon the selection of the Consultant, the final compensation will be negotiated with input from the Consultant based upon the negotiated Scope of Services stipulated in the Agreement. IX. PROPOSAL GUIDELINES The City assumes no responsibility for liability for any costs vendors may incur in responding to this RFP; including attending meetings, interview sessions and/or contract negotiations. In evaluating the proposals, the City may seek information from a Proposer to clarify the proposal. In that event, Proposer must submit written and signed clarifications and such clarifications shall become part of the proposal. All proposals shall remain subject to initial acceptance ninety (90) days after the day of submittal. This RFP may be amended and/or revoked at any time prior to final execution of an Agreement with the City. It is intended that the Consultant shall conform to the Scope of Services and attached Sample Professional Services Agreement (Agreement). Any deviations from the Scope of Services and/or Agreement must be clearly identified and explained separately in the proposal. Commodity Codes used for this RFP include:  91827: Community Development Consulting  91830: Computer Network Consulting RFP- 8108 Broadband Engagement Services Page 9 of 19  91832: Consulting Services (Not Otherwise Classified)  91846: Feasibility Studies (Consulting) X. SCHEDULE The following is a proposed timetable developed for this project. Firms will be notified of any significant changes which might occur. ITEM: DATE: Question due to the City April 16, 2015 5:00 p.m. Submittal Deadline April 27, 2015 3:00 p.m. Interviews Week of May 4, 2015 Selection Week of May 11, 2015 Contract Negotiation Week of May 18, 2015 Project Commencement May 26, 2015 Project Completion No later than December 31, 2015 XI. AUXILIARY DOCUMENTS  City of Fort Collins, www.fcgov.com  City of Fort Collins - Strategic Plan, www.fcgov.com/citymanager/pdf/strategic-plan- 2015.pdf  City of Fort Collins – Broadband, www.fcgov.com/broadband  Colorado State University, www.colostate.edu RFP- 8108 Broadband Engagement Services Page 10 of 19 XII. REVIEW AND ASSESSMENT Professional firms 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 firms 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 2.0 Scope of Proposal/Deliverables Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and deliverables required by the project? Are there any exceptions to the Scope of Services or Agreement? 2.0 Assigned Personnel 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 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project manager available to attend meetings as required by the Scope of Services? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Services for the project, and their day-to-day business operating processes and procedures? 2.0 Cost and Work Hours Does the proposal included detailed cost break-down for each cost element as applicable and are the 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? 2.0 Firm Capability 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? RFP- 8108 Broadband Engagement Services Page 11 of 19 XIII. REFERENCE EVALUATION (TOP RATED FIRM) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Services completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Services completed within the project budget? Job Knowledge Were problems corrected quickly and effectively? RFP- 8108 Broadband Engagement Services Page 12 of 19 EXHIBIT A SAMPLE PROFESSIONAL SERVICES AGREEMENT (For informational purposes, do not fill in or submit with proposal) 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 "Professional". 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 Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. 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: Professional: 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 RFP- 8108 Broadband Engagement Services Page 13 of 19 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain insurance in accordance with Exhibit , consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: Reimbursable direct costs: with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the RFP- 8108 Broadband Engagement Services Page 14 of 19 Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 9. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 10. Subcontractors. Professional 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 Professional. 11. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any 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 of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. 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. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non- defaulting party commences legal or equitable actions against the defaulting party, the RFP- 8108 Broadband Engagement Services Page 15 of 19 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. 15. 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. 16. 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. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional 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. Professional 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. Professional 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 Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional 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 Professional shall not RFP- 8108 Broadband Engagement Services Page 16 of 19 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. Professional 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 Professional 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, Professional shall be liable for actual and consequential damages to the City arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. 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) pages, attached hereto and incorporated herein by this reference. RFP- 8108 Broadband Engagement Services Page 17 of 19 THE CITY OF FORT COLLINS, COLORADO By: _________________________________ Gerry Paul Director of Purchasing & Risk Management DATE: ______________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney PROFESSIONAL By: __________________________________ Title: _______________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _______________________________ RFP- 8108 Broadband Engagement Services Page 18 of 19 EXHIBIT INSURANCE REQUIREMENTS 1. The Professional 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 Professional 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 Professional, 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 Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional'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 Professional shall maintain during the life of this Agreement for all of the Professional'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 Professional 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 Professional 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. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. RFP- 8108 Broadband Engagement Services Page 19 of 19 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional 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 Professional has agreed to perform, the Professional 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 Professional 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 Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional 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 Professional 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 Professional 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 Professional ceases to perform services for the City, or the City so requests for any reason, the Professional 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 Professional understands and agrees that the City’s remedies at law for a breach of the Professional’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.