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HomeMy WebLinkAboutRFP - 8075 CONSULTATION SERVICES FOR REVIEW & RECOMMENDATION OF UPGRADING OR PURCHASING A NEW UTILITY CUSTOMER INFORMATION SYSTEM (2)RFP 8075 CONSULTATION SERVICES FOR REVIEW AND RECOMMENDATION OF UPGRADING OR PURCHASING A NEW UTILITY CUSTOMER INFORMATION SYSTEM Page 1 of 20 REQUEST FOR PROPOSAL 8075 CONSULTATION SERVICES FOR REVIEW AND RECOMMENDATION OF UPGRADING OR PURCHASING A NEW UTILITY CUSTOMER INFORMATION SYSTEM The City of Fort Collins Utilities is requesting proposals from qualified firms to provide consulting services for a review and recommendation of either upgrading or purchasing a new Utility Customer Information System (Billing System). 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, thirteen (13) 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), May 8, 2015 and referenced as Proposal No. 8075. 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 bid should be directed to Phillip Ladd at (970) 221-6751 or pladd@fcgov.com. Questions regarding bid submittal or process should be directed to Pat Johnson, Senior Buyer at (970)221-6816 or pjohnson@fcgov.com. All questions must be submitted in writing via email to Phillip Ladd, with a copy to Pat Johnson, no later than 5:00 PM our clock on April 24, 2015. Questions received after this deadline will not be answered. 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 8075 CONSULTATION SERVICES FOR REVIEW AND RECOMMENDATION OF UPGRADING OR PURCHASING A NEW UTILITY CUSTOMER INFORMATION SYSTEM Page 2 of 20 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. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City 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 8075 CONSULTATION SERVICES FOR REVIEW AND RECOMMENDATION OF UPGRADING OR PURCHASING A NEW UTILITY CUSTOMER INFORMATION SYSTEM Page 3 of 20 I. BACKGROUND AND OBJECTIVE A. OBJECTIVE The City of Fort Collins Utilities is seeking a qualified firm to provide consulting services for a review and recommendation of either upgrading or purchasing a new Utility Customer Information System. B. BACKGROUND Fort Collins is a vibrant community of approximately 158,600 located 65 miles north of Denver, at the base of the foothills of the Rocky Mountains. The City is 56 square miles in size and is the northern extension of the “Colorado Front Range” urban corridor. The City’s population includes over 24,000 college students. City of Fort Collins Utilities (Utilities) serves approximately 65,000 (both single-family, multi-family, and commercial) electric customers with total annual sales of approximately $114 million. The Utility also provides water, wastewater, and stormwater utility services. Within this group of residential customers, approximately 31,000 receive water services. More information about Fort Collins Utilities can be found at fcgov.com/utilities. The current vendor for the CIS system is Hansen Technologies and the product name is Banner CIS. We are currently on version 4.1 with some local customization. The current system has been in place since October of 2000, and the most recent upgrade was completed in spring of 2009. The CIS Billing system interfaces with 32 other systems/applications including the recently deployed Smart Grid technologies deployed to the City of Ft. Collins (Meter Data Management and AMI Headend System) II. SCOPE OF WORK A. REQUIRED DELIVERABLES: 1. Collection of Utility Billing system requirements through interviews and discussions as well as help in prioritization of those requirements. This requires gaining an understanding of system processes and the fit with the needed business processes. 2. Written evaluation of the current Billing system and implications of a possible upgrade to most current version as well as possibility of moving to another comparable Billing system based on system requirements. 3. Recommendation regarding ability of Billing system to bill broadband service to utility customers.(both existing system and possible other new systems) 4. Assessment of capability of current and other potential systems for integrating with IVR phone systems, electronic billing systems, and other systems. This includes ability to pay through the phone and/or on-line. 5. Evaluation of cost and value of upgrades vs. purchasing and implementation of a new CIS. 6. Final report summarizing analysis and overall recommendations. 7. May assist with development of a scope of work for an RFP for either upgrading the current system or for a different CIS system. B. PROJECT SCHEDULE Utilities has established the target schedule shown below for the RFP. Utilities reserves the right to amend the target schedule at any time. RFP 8075 CONSULTATION SERVICES FOR REVIEW AND RECOMMENDATION OF UPGRADING OR PURCHASING A NEW UTILITY CUSTOMER INFORMATION SYSTEM Page 4 of 20  RFP issuance: April 10, 2015  Question deadline: April 24, 2015  Proposal due date: May 8, 2015  Interviews (tentative): June 1-3, 2015  Completion of project: December 31, 2015 C. INTERVIEWS In addition to submitting a written proposal, finalists may be interviewed by the City of Fort Collins and asked to do an oral presentation about their company and approach to the project. D. PRICING Pricing will include itemization of the tasks identified in the scope of work. Consultants will provide detailed responses regarding hours, rates, individuals providing the work and the estimated hours to complete the work. E. TRAVEL & EXPENSES Consultants are to provide a list of fees for reimbursable expenses. Reasonable expenses will be reimbursable as per the attached Exhibit C Fort Collins Expense guidelines. F. USE OF SUB-CONSULTANTS/PARTNERS There may be areas for use of sub-consultants or partners from the award of this RFP. Consultants will be responsible for identifying the sub-consultants necessary during the scope of work negotiation. Please keep in mind that the City will contract solely with your company, therefore sub-consultants/partners remain your sole responsibility. G. LENGTH OF PROPOSAL Limit the total length of your proposal to a maximum of twenty five (25) 8 ½ x 11” pages (excluding covers, table of contents, dividers, sustainability response and proposal acknowledgement form). The Director of Purchasing and Risk Management may reject proposals received that are longer than 25 pages in length. III. PROPOSAL SUBMITTAL For this section, consultants 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 consultants propose to provide and shall be incorporated in the contract award as deemed appropriate by Utilities. A proposal that does not include all of the information required may be deemed incomplete and may be subject to rejection. A. EXECUTIVE SUMMARY The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. B. CONSULTANT INFORMATION AND FIRM CAPABILITY The Consultant should provide the following information: RFP 8075 CONSULTATION SERVICES FOR REVIEW AND RECOMMENDATION OF UPGRADING OR PURCHASING A NEW UTILITY CUSTOMER INFORMATION SYSTEM Page 5 of 20 1. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). Complete the attached Exhibit A – Proposal Acknowledgment Form. 2. Describe the Consultant’s business and background, including the size, location, capacity, type of firm, details about ownership and year established. 3. Describe the company’s structure, including an organizational chart, which illustrates leadership and roles. 4. Provide your firm’s qualifications to perform the consulting services described above. 5. Provide a short explanation of Consultant experiences dealing with utility customer information systems, including Banner CIS and other similar systems. Specific verifiable experience in helping other Utilities with an analysis of best approach (Update current system vs. move to a new system) is required. 6. Provide a list of Project Personnel. Include identification of the contact person with primary responsibility for this contract, the personnel proposed for this contract and their roles and any supervisory personnel, including partners and/or sub-consultants. A résumé for key professional and technical persons assigned to the contract, shall be submitted. Please limit resumes to one-half page. 7. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the consulting services described above. 8. List similar projects completed over the past 5 years by key members of your proposed team, including sub-consultants. Include the owner’s name, title of project, beginning price, ending price and a brief description of the work and any change orders. 9. Provide references from at least three other projects with similar requirements that have been completed within the past five years and that have involved the staff proposed to work on this project. References contained in Consultant’s submittal are an intricate part of consultant’s qualifications. References must be accurate. 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. 10. There may be areas for use of sub-consultants in this project. If you are utilizing this approach, your proposal must list the sub-consultant firm for this contract, their area(s) of expertise, and include all other applicable information herein requested for each sub-consultant. Provide examples of at least two projects where you’ve worked with the sub-consultants. 11. Have you ever worked with or have any affiliation with CIS vendors, if so please explain. C. SCOPE OF SERVICES 1. Provide a detailed narrative of the services proposed to achieve the items in the Required Deliverable section above. The narrative should include any options that may be beneficial for Utilities 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 RFP 8075 CONSULTATION SERVICES FOR REVIEW AND RECOMMENDATION OF UPGRADING OR PURCHASING A NEW UTILITY CUSTOMER INFORMATION SYSTEM Page 6 of 20 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. Describe the anticipated interaction with the City. 5. Describe what resources you would expect (if any) the City staff to provide. 6. Provide the size of study your firm recommends if awarded the agreement. What is the percentage of studies in each segment that will be completed? 7. Include a description of the software and other analysis tools to be used. 8. Identify what portion of work, if any, may be sub-contracted. 9. Provide a written outline of the consultant’s schedule for completing tasks. D. AVAILABILITY Describe the availability of project personnel to participate in this project in the context of the consultant firm’s other commitments. E. SUSTAINABILITY/TBL METHODOLOGY In no more than two (2) pages please describe how your organization strives to be Sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc.. Address how your firm incorporates Triple Bottom Line (TBL) into the workplace, see below in the Review and Assessment Section for additional information. F. COST AND WORK HOURS In your written response to this proposal please provide pricing to cover the following items:  Estimated hours  Hourly rates  Total not to exceed cost to complete each Scope of Work tasks #1 through #7.  Rate for meetings  Rate for conference calls  Expenses not covered by Exhibit C Provide names of the individuals and position titles that will be working on each task, the estimated hours they will be spending on each task, and the price per hour for each. Please include the total not to exceed cost for completion of each task. Please include any pertinent comments relevant to your cost to complete each task #1 through #7. Consultant shall include a current fee schedule. Fee schedule will be used as a basis for determining fees should additional services be necessary. Include a per meeting rate in the event additional meetings are needed. A fee schedule for sub-consultants, if used, shall be included. RFP 8075 CONSULTATION SERVICES FOR REVIEW AND RECOMMENDATION OF UPGRADING OR PURCHASING A NEW UTILITY CUSTOMER INFORMATION SYSTEM Page 7 of 20 Reasonable expenses will be reimbursable as per the attached Exhibit C Fort Collins Expense guidelines. Consultant will be required to provide original receipts to the City for all reimbursable expenses. G. ASSIGNED PERSONNEL 1. Provide individual references for key personnel proposed to work under this agreement from three other projects with similar requirements that have been completed within the past five years. References contained in Consultant’s submittal are an intricate part of consultant’s qualifications. References must be accurate. 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. 2. Submit qualifications and detailed resumes of individuals proposed to fill key positions highlighting experience in municipal design and construction. The commitment of key staff is critical to the City of Fort Collins and the success of this project. It is the City’s expectation that staff assigned to the project will remain throughout the project and act as the City’s key resources. Please limit resumes to one-half page. 3. Some functions of this project may require the use of sub-consultants. Provide resumes (one-half page) for sub-consultant’s key personnel. Provide examples of at least two projects where key personnel from sub-consultants have been part of your project team. H. ADDITIONAL INFORMATION Provide any information that distinguishes Consultant from its competition and any additional information applicable to this RFP that might be valuable in assessing Consultant’s proposal. Explain any concerns Consultant may have in maintaining objectivity in recommending the best solution for Utilities. All potential conflicts of interest must be disclosed. IV. 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. RFP 8075 CONSULTATION SERVICES FOR REVIEW AND RECOMMENDATION OF UPGRADING OR PURCHASING A NEW UTILITY CUSTOMER INFORMATION SYSTEM Page 8 of 20 WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 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? 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 team available to attend meetings as required by the Scope of Work? 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 and Work Hours Does the proposal included 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? 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? 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 of Andrew Savitz for TBL is that it “captures the essence of sustainability by RFP 8075 CONSULTATION SERVICES FOR REVIEW AND RECOMMENDATION OF UPGRADING OR PURCHASING A NEW UTILITY CUSTOMER INFORMATION SYSTEM Page 9 of 20 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.” REFERENCE EVALUATION (TOP RATED FIRM) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 8075 CONSULTATION SERVICES FOR REVIEW AND RECOMMENDATION OF UPGRADING OR PURCHASING A NEW UTILITY CUSTOMER INFORMATION SYSTEM Page 10 of 20 EXHIBIT A PROPOSAL ACKNOWLEDGEMENT Consultant hereby acknowledges receipt of the City of Fort Collins Utilities’ Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, the Consultant hereby makes the following representations to Utilities: a. All of the statements and representations made in this proposal are true to the best of the Consultant’s knowledge and belief. b. The Consultant has obtained all necessary authorizations and approvals that will enable the Consultant to commit to the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 180 days from the date hereof. d. I further agree that the method of award is acceptable to my company. e. I also agree to complete the proposed Agreements with the City of Fort Collins within 30 days of notice of award. f. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. g. I acknowledge receipt of addenda. Consultant Firm Name: Physical Address: Remit to Address: Phone: Authorized Agent of Firm Name: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: RFP 8075 CONSULTATION SERVICES FOR REVIEW AND RECOMMENDATION OF UPGRADING OR PURCHASING A NEW UTILITY CUSTOMER INFORMATION SYSTEM Page 11 of 20 EXHIBIT B SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) page and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit " ", consisting of ( ) page , and incorporated herein by this reference. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ( ) days following execution of this Agreement. Services shall be completed no later than . Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 4. Contract Period. [Option 1] This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Service Provider mailed no later than thirty (30) days prior to contract end. 5. Contract Period. [Option 2] This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 6. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, RFP 8075 CONSULTATION SERVICES FOR REVIEW AND RECOMMENDATION OF UPGRADING OR PURCHASING A NEW UTILITY CUSTOMER INFORMATION SYSTEM Page 12 of 20 then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 7. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 8. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit " ", consisting of ( ) page , and incorporated herein by this reference. 9. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 10. Independent Service Provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 11. Sub-consultants. 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 sub-consultant 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 sub-consultant will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such sub-consultant and the City, RFP 8075 CONSULTATION SERVICES FOR REVIEW AND RECOMMENDATION OF UPGRADING OR PURCHASING A NEW UTILITY CUSTOMER INFORMATION SYSTEM Page 13 of 20 nor will it obligate the City to pay or see to the payment of any sub-consultant, and (d) the work of the sub-consultant will be subject to inspection by the City to the same extent as the work of the Service Provider. 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 14. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. 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 sub-consultants of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 15. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting RFP 8075 CONSULTATION SERVICES FOR REVIEW AND RECOMMENDATION OF UPGRADING OR PURCHASING A NEW UTILITY CUSTOMER INFORMATION SYSTEM Page 14 of 20 party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 18. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 19. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 20. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. 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 RFP 8075 CONSULTATION SERVICES FOR REVIEW AND RECOMMENDATION OF UPGRADING OR PURCHASING A NEW UTILITY CUSTOMER INFORMATION SYSTEM Page 15 of 20 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 sub-consultant 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 sub-consultant performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such sub-consultant and the City within three days that Service Provider has actual knowledge that the sub-consultant is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the sub-consultant if within three days of receiving the notice required pursuant to this section the sub-consultant does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the sub-consultant if during such three days the sub-consultant provides information to establish that the sub-consultant has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 22. Red Flags Rules. Service Provider must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Service Provider must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the RFP 8075 CONSULTATION SERVICES FOR REVIEW AND RECOMMENDATION OF UPGRADING OR PURCHASING A NEW UTILITY CUSTOMER INFORMATION SYSTEM Page 16 of 20 City in writing of significant breeches of security or Red Flags to the Utilities or the Privacy Committee. 23. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit “ “ - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. CITY OF FORT COLLINS, COLORADO a municipal corporation By:_______________________________ Gerry Paul Director of Purchasing and Risk Management Date:_____________________________ ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ________________________________ Assistant City Attorney By:_______________________________ __________________________________ PRINT NAME __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ RFP 8075 CONSULTATION SERVICES FOR REVIEW OF UPGRADING OR PURCHASING A NEW UTILITY CUSTOMER INFORMATION SYSTEM Page 17 of 20 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 sub-consultant, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a sub-consultant, which liability is not covered by the sub-consultant's insurance. RFP 8075 CONSULTATION SERVICES FOR REVIEW OF UPGRADING OR PURCHASING A NEW UTILITY CUSTOMER INFORMATION SYSTEM Page 18 of 20 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. RFP 8075 CONSULTATION SERVICES FOR REVIEW OF UPGRADING OR PURCHASING A NEW UTILITY CUSTOMER INFORMATION SYSTEM Page 19 of 20 EXHIBIT C Fort Collins Expense Guidelines: Lodging, Per Diem Meals and Incidentals and Other expenses: October 1, 2013 Fort Collins Policy: Lodging:  Hotels will be reimbursed at $91/day provided the government rate is available. If the government rate is not available, the best available rate shall be used and a printout of the available rates at the time of the reservation provided as documentation.  Hotel taxes do not count to the $91 limit, i.e. the rate is $91 plus applicable taxes.  Receipts are to be provided.  Actual expense will apply Meals and Incidentals: In lieu of requiring expense receipts, Fort Collins will use Federal GSA per diem guidelines.  Daily rate: $56  Travel Days rate: 75% of $56 = $42 Vehicle Expenses:  All costs related to rental vehicles (gas, parking, etc.) must be documented if they are to be reimbursed. The standard for vehicle size is mid-size to lower.  If a private vehicle is used, mileage will be reimbursed using the mileage rate set by the IRS. The most direct route is the standard for determining total mileage. Extra Ordinary Cost  Prior authorization required. Expenses Not Allowed  Liquor, movies, or entertainment (including in-room movies);  Sporting events;  Laundry, dry-cleaning or shoe repair;  Personal phone calls, including connection and long-distance fees;  Computer connections (unless required for City business);  Other personal expenses not directly related to City business;  Convenience charges;  Rescheduling Airline Charges not related to City requirements.  Excessive meal tip amounts generally over 20%;  Delivery fees shall not exceed 10% of the total bill, if not already included;  Hotel Cleaning Tips;  Extra Baggage for one day trips;  Air Travel (when local);  Items that are supplied by the City. Time Frame for Reporting  Per contract (every 30 days). RFP 8075 CONSULTATION SERVICES FOR REVIEW OF UPGRADING OR PURCHASING A NEW UTILITY CUSTOMER INFORMATION SYSTEM Page 20 of 20 Reference: The Federal GSA guidelines for Fort Collins are $91/day for hotel and $56 for meals and incidentals (M&IE). (Incidentals are defined as 1) fees and tips given to porters, baggage carriers, bellhops, hotel maids, stewards or stewardesses , and 2) transportation between places of lodging or business and places where meals are taken). Hotel taxes (i.e. lodging taxes) are not covered by per diem and are expensed as a separate line item. The M&IE is further broken down by:  Breakfast: $9  Lunch: $13  Dinner: $29  Incidentals: $5 Federal guidelines further provide for the use of 75% of the M&IE rate for travel days, i.e. $42 for Fort Collins.