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HomeMy WebLinkAboutRFP - 8349 LOBBY VISITOR MANAGEMENT SYSTEM (3)8349 LOBBY VISITOR MANAGEMENT SOLUTION Page 1 of 22 REQUEST FOR PROPOSAL 8349 LOBBY VISITOR MANAGEMENT SOLUTION The City of Fort Collins Utilities Department is requesting proposals from all interested providers of an automated lobby visitor management solution. 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, nine (9) 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), July 28, 2016 and referenced as Proposal No. 8349. 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 project should be directed to Pat Johnson, CPPB, Senior Buyer at pjohnson@fcgov.com in written format. Please format your e-mail to include: RFP 8349 LOBBY VISITOR MANAGEMENT SOLUTION in the subject line. The deadline for question submittal is July 20, 2016 at 4:00 pm. 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. 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, 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 8349 LOBBY VISITOR MANAGEMENT SOLUTION Page 2 of 22 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 Purchasing Director 8349 LOBBY VISITOR MANAGEMENT SOLUTION Page 3 of 22 I. BACKGROUND AND OBJECTIVE A. Objective The City of Fort Collins Utilities Department is requesting proposals from all interested providers of an automated lobby visitor management solution. B. Background Fort Collins is a vibrant community of approximately 151,000 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 more than 65,000 (both single family and multi- family) electric customers with total annual sales of approximately 1,500 gigawatt-hours. The Utility also provides water, wastewater, stormwater and financing services. More information about Fort Collins Utilities can be found at fcgov.com/utilities. Within this group of residential customers, approximately 26,000 single family homes also receive water services. II. SCOPE OF SERVICES A. Minimum Requirements Contractor’s proposal will be reviewed to determine if it meets Minimum Requirements for further consideration. If it is concluded by Fort Collins Utilities that Contractor’s proposal does not meet the Minimum Requirements, the proposal may be considered non-responsive and may not receive any further consideration. This review shall be based on the sole determination of Fort Collins Utilities and the conclusions of this review shall be final. Contractor is advised that they shall not have the opportunity to address any deficiencies after the close date of the RFP. Proposal should be complete and clearly include the required information described below. • Windows Platform • Integrate with Active Directory (Microsoft Outlook) • SMS messaging • Badge Printing • Ability for customers to self-check in at kiosks for pre-scheduled appointments and walk- ins • Automated notification to staff member that customer has checked in • Customer data tracking • Receptionist/Admin view showing status of solution and all scheduled appointments for all staff • Protection of customer confidentiality Proposal should be complete and clearly include the required information. B. Scope of Work A receptionist and front office staff have always been a part of Fort Collins Utilities’ Service Center. This year, Utilities will be implementing a visitor management solution at select City facilities. This implementation will be at two different locations, Utilities Service Center, 700 Wood Street and the new Utilities Administration Building, 222 Laporte Avenue. Additional visitor management solutions may be placed in more City facilities as a result of this solicitation and subsequent award. 8349 LOBBY VISITOR MANAGEMENT SOLUTION Page 4 of 22 The implementation will include several components and integrations with existing system(s). The successful firm will be able to deliver and implement a solution that will offer key word, topic, and employee name searches. This complete turnkey solution will also include all hardware for two durable kiosks at both locations. The City will be responsible for providing the computer to place at the kiosk. Kiosk hardware will be on a free-standing kiosk stand in the lobby. It is expected that the awarded Contractor participate in weekly ad-hoc meetings, coordinate with other Contractors (if required), and provide documentation regarding required security background checks prior to working with the City. The intent of the visitor management solution is to provide our customers options to contact employees in an easy, friendly and eye appealing manner, offering both the customer and staff an efficient business process. This turnkey seamless solution will provide the following support. Customer support: • customizable City Graphics • SMS/text messaging and Email group notifications • backup email notification • badge printing Contractor support for the City: • training • reporting capabilities • warranty • maintenance & support Other capabilities that are highly desirable are: • scheduling groups • pre-registering visitors/pre-printing name tags • paging • and two way messaging (speaker and or/email reply) • automated escalation of notification if employee contact does not acknowledge arrival of customer • appointment schedule synchronization with Outlook • bi-lingual (English/Spanish) capability C. Integration with Other Systems The lobby visitor management solution will be integrated with other City systems including Microsoft Active Directory and Outlook, SMS/texting, and plug and play printers. D. Schedule Utilities has established the target schedule shown below for the RFP. Utilities reserves the right to amend the target schedule at any time. • Issuance of RFP: July 14, 2016 • Final questions due: July 20, 2016 • Proposal due date: July 28, 2016 • Notice of Short Listed Firms: August 8, 2016 8349 LOBBY VISITOR MANAGEMENT SOLUTION Page 5 of 22 • Interviews/demo of products (tentative): August 10-12, 2016 • Complete project implementation (tentative) at 700 Wood Street: August 31, 2016 • Completion project implementation (tentative) at 222 Laporte Avenue: September 19, 2016 E. Interviews/Demo In addition to submitting a written proposal, finalists may be interviewed by the City of Fort Collins and asked to participate in an oral presentation about their company and approach to the project. Included in this interview will also be a demo of the solution and its capabilities. Selected Contractors should be prepared to provide a demonstration of their product. The demonstration process will be scheduled in two to three hour blocks. All required product operation and features will be reviewed along with day to day functionality. In the event your firm is selected to proceed to an oral interview/onsite demo phase, travel onsite to Fort Collins is required. F. Travel & Expenses Contractors will include all related travel and expenses within the bid pricing. Contractors will not be compensated for proposal preparation or travel required for the interview/demo phase of the selection process. G. Use of Sub-contractors/Partners There may be areas for use of sub-contractors or partners from the award of this RFP. Contractors will be responsible for identifying the sub-contractors necessary in conjunction with proposal preparation. Any sub-contractors/partners should be noted in the proposal. Please keep in mind that the City will contract solely with your company, therefore sub- contractors/partners remain your sole responsibility H. Training Contractors are to provide an overview of proposed training plan/strategy, specifying how and when training is to be delivered. Cost for each level of training is to be included. I. Software: Licensing, Support & Maintenance Contractors are to provide an overview of proposed licensing, support and maintenance plans, including one-time and recurring costs for each plan and annual price escalators if applicable. J. Equipment Warranties & Maintenance Contractors are to provide detail around their equipment warranty including availability of local maintenance support and response times. City of Fort Collins expects a two (2) year minimum parts and labor warranty on all equipment. Provide detail for maintenance plans, if available, for the equipment, as well as a cost for each plan. K. Project Acceptance/Schedule Contractors shall provide the milestones and schedule for implementing the hardware and software solution. Acceptance shall be given once the system has been validated to be fully functional. 8349 LOBBY VISITOR MANAGEMENT SOLUTION Page 6 of 22 L. Length of Proposal Limit the total length of your proposal to a maximum of 25 pages (excluding covers, table of contents, dividers, sustainability response and proposal acknowledgement form). The Director of Purchasing may reject proposals received that are longer than 25 pages in length. III. PROPOSAL SUBMITTAL For this section, Contractors 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 Contractors 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 non-responsive and may be subject to rejection. A. Executive Summary The Executive Summary should highlight the content of the proposal and features of the solution offered. B. Minimum Requirements Clearly state in this section how Contractor believes they have fulfilled each of the Minimum Requirements as listed above. Provide detail for each item to support fulfillment of the Minimum Requirements. Please note: If it is concluded by Fort Collins Utilities that Contractor’s proposal does not meet the Minimum Requirements the proposal may be considered non-responsive and may be rejected. This review shall be based on the sole determination of Fort Collins Utilities and the conclusions of this review by Fort Collins shall be final. C. Scope of Proposal 1. Complete and provide the Requirements spreadsheet in Excel format. This document is posted separately. 2. Include a complete description of the turnkey solution including: a. Software i. Support and maintenance ii. Licensing b. Integration method c. Hardware ii. Provide spec sheets, drawings, and/or links to a website with details of the available stands. d. Consumables e. Warranties, support and maintenance of the hardware 3. Provide a detailed narrative of the services proposed if awarded the contract per the Scope of Services section above. The narrative should include any options that may be beneficial for Utilities to consider. 4. Describe how the project would be managed and who would have primary responsibility for its timely and professional completion. Include a description regarding the methods and assumptions used. 5. Explain how Cyber Security is an effective element of your solution. 6. Provide a detailed warranty, preferably for a minimum of two years. 7. Is your product scalable? Are there any limitations to the number of kiosks or number of records stored? 8349 LOBBY VISITOR MANAGEMENT SOLUTION Page 7 of 22 8. How often are new versions of your product released? What is the current version? Explain the upgrade process. 9. Is your product customizable? Describe what can be customized. 10. What internal support will the City need during and after implementation? D. Assigned Personnel The Contractor should provide the following information: 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 Exhibit A, Proposal Acknowledgement. Describe the Company’s business and background, including the size, location, capacity, type of firm, details about ownership and year established. Describe the company’s structure, including an organizational chart, which illustrates leadership and roles. 2. List of Project Personnel: This list should include the identification of the contact person with primary responsibility for this Agreement, the personnel proposed for this Agreement, and any supervisory personnel, including partners and/or sub-consultants, and their individual areas of responsibility. 3. A resume for each professional and technical person assigned to the Agreement, including partners and/or sub-consultants, shall be submitted. The résumés shall include at least three individual references from previous assignments. Please limit resumes to one page. 4. Some functions of this project may require the use of sub-consultants. Identify what portion of work, if any, may be sub-contracted. Provide examples of at least two projects where you’ve worked with your sub-consultants. List the sub-consultant firm(s) for this Agreement, their area(s) of expertise, and include all other applicable information herein requested for each sub-consultant. 5. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the consulting services described above. 6. Describe the availability of project personnel to participate in this project in the context of the contractor firm’s other commitments. 7. Provide a list of similar projects completed in the last five (5) years by the key members of the proposed team. 8. References (current contact name, current telephone number and email address) from at least three similar projects with similar requirements that have been completed within the past five (5) years and that have involved the staff proposed to work on this project. Provide a description of the work performed. E. Availability 1. Can the work be completed in the necessary timeframe? 2. Can the target start and completion dates be met? 3. Are other qualified personnel available to assist in meeting the project schedule if required? 4. Is the project team available to attend meetings as required by the Scope of Work? 5. Provide an outline of the Contractor’s schedule for completing tasks. Include a statement specifically as to whether or not your firm can meet our implementation timeline. 6. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. 7. Provide your solution’s average down-time with an explanation of the primary reasons for the down-time. F. Sustainability/TBL Methodology 8349 LOBBY VISITOR MANAGEMENT SOLUTION Page 8 of 22 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 Section IV: Review and Assessment for additional information. G. Cost and Work Hours Contractors will include all related travel and expenses within the bid pricing. 1. Provide a detailed cost proposal for the following that covers the first five (5) years of all costs associated with the proposed system. Identify if these are one-time costs, annual recurring costs or optional costs. Include a total not to exceed figure for the Scope of Proposal. • Software license costs • Hardware costs • Cost of consumables • Implementation costs • Cost for integration with Active Directory • Cost for each level of training • Annual support & maintenance costs per proposed service level agreement(s) • Annual support & maintenance costs of the kiosk • Other available options 2. Provide a maximum cost escalation factor for future implementations. 3. Additional cost projections over the next five (5) years relating to product upgrades or major revisions. 4. Estimated Hours by Task: Provide estimated hours for each proposed task by job title and employee name, including the time required for meetings, conference calls, etc. 5. Identify the price for additional kiosks, should the City decide to implement your solution at other facilities. 6. Schedule of Rates: Provide a schedule of billing rates by category of employee and job title to be used during the term of the Agreement. This fee schedule will be firm for at least one (1) year from the date of the Agreement. The fee schedule will be used as a basis for determining fees should additional services be necessary. A fee schedule for sub-consultants, if used, including mark-up if applicable shall be included. 7. Contractor 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-contractors, if used, shall be included. H. Firm Capability Provide relevant information regarding previous experience related to this or similar Projects, to include the following: 1. Describe the Company’s business and background, including the size, location of the offices, capacity, type of firm, details about ownership and year established. 2. Provide an Organization Chart/Proposed Project Team: An organization chart containing the names of all key personnel and sub-consultants with titles and their specific task assignment for this Agreement shall be provided in this section. 3. Provide your firm’s qualifications to perform the consulting services described. 4. Provide a minimum of three similar projects with governmental utilities in the last 5 years that have involved the staff proposed to work on this project. Include the owner’s name, 8349 LOBBY VISITOR MANAGEMENT SOLUTION Page 9 of 22 title of project, beginning price, ending price, contact name, email and phone number, sub-consultants on the team and a brief description of the work and any change orders. 5. Provide your firm’s Agreements as sample documents. 6. List three lessons learned and best practices based on prior implementations. 7. Describe your testing and validation process. Provide your testing plan. 8. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. I. Additional Information Provide any information that distinguishes Contractor from its competition and any additional information applicable to this RFP that might be valuable in assessing Contractor’s proposal. Explain any concerns Contractor may have in maintaining objectivity in recommending the best solution for Utilities. All potential conflicts of interest must be disclosed. 8349 LOBBY VISITOR MANAGEMENT SOLUTION Page 10 of 22 IV. REVIEW AND ASSESSMENT Contractor 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 3.0 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? 1.0 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? 2.0 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? 8349 LOBBY VISITOR MANAGEMENT SOLUTION Page 11 of 22 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 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 Contractor 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 Contractor responsive to client needs; did the Contractor 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 Contractor administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? 8349 LOBBY VISITOR MANAGEMENT SOLUTION Page 12 of 22 EXHIBIT A PROPOSAL ACKNOWLEDGEMENT Contractor 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 Contractor 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 Contractor’s knowledge and belief. b. The Contractor has obtained all necessary authorizations and approvals that will enable the Contractor 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. Contractor 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: 8349 LOBBY VISITOR MANAGEMENT SOLUTION Page 13 of 22 SERVICES AGREEMENT WORK ORDER TYPE 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. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for . The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit "A", consisting of one (1) page and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No Work Order shall exceed $ . A general scope of services is attached hereto as Exhibit “B”, consisting of ( ) pages, and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence , 200 and shall continue 8349 LOBBY VISITOR MANAGEMENT SOLUTION Page 14 of 22 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. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 6. Early Termination by City/Notices. 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 mailed 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 address: 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 termination date, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit " ", consisting of ( ) page[s], and incorporated herein by this reference. Payment shall be made by the City only upon acceptance of the work by the City and 8349 LOBBY VISITOR MANAGEMENT SOLUTION Page 15 of 22 upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 9. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in the Work Order, plus any extensions thereof allowed in accordance with Article 12 of the General conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amount set forth in each Work Order. 10. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 11. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 12. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 13. 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. 14. 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 under the Agreement or of any cause of action arising out of the performance of this Agreement. 8349 LOBBY VISITOR MANAGEMENT SOLUTION Page 16 of 22 15. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 16. 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. 17. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non- defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 18. 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 representative, successors and assigns of said parties. 19. 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 8349 LOBBY VISITOR MANAGEMENT SOLUTION Page 17 of 22 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 "D", consisting of ( ) page[s], 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. 20. 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. 21. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. 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. 22. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 8349 LOBBY VISITOR MANAGEMENT SOLUTION Page 18 of 22 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 23. 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 City in writing of significant breeches of security or Red Flags to the Utilities or the Privacy Committee. 24. 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[s], attached hereto and incorporated herein by this reference. 8349 LOBBY VISITOR MANAGEMENT SOLUTION Page 19 of 22 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Senior Assistant City Attorney SERVICE PROVIDER'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Service Agreement – Work Order Type with Red Flags & Confidentiality Page 20 of 22 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Original Bid/RFP Project Number & Name: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. PROFESSIONAL By:_______________________________ Date:_____________________________ CITY OF FORT COLLINS Submitted By: _________________________ Project Manager Date: _________________________ Reviewed by: _________________________ Senior Utility Engineer Date: _________________________ Approved by: _________________________ Water Engineering & Field Services Operations Manager Date: ________________________ Approved by: _________________________ Utilities General Manager (over $1,000,000) Date: ________________________ Approved by: _________________________ Purchasing Director (if over $60,000) Date: _______________________ RFP 8349 LOBBY VISITOR MANAGEMENT SOLUTION Page 21 of 22 EXHIBIT INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this Agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. RFP 8349 LOBBY VISITOR MANAGEMENT SOLUTION Page 22 of 22 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.