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HomeMy WebLinkAboutRFP - 8425 ROAD TO 2020 CLIMATE ACTION PLAN COMMUNICATIONS & ENGAGEMENT SERVICES (2)RFP 8425 Road to 2020 Climate Action Plan Communications & Engagement Services Page 1 of 19 REQUEST FOR PROPOSAL 8425 ROAD TO 2020 CLIMATE ACTION PLAN COMMUNICATIONS & ENGAGEMENT SERVICES The City of Fort Collins is requesting proposals from qualified firms to provide a comprehensive, multi-faceted community engagement and communications plan for its Road to 2020, which is the implementation of the City’s Climate Action Plan (CAP) Framework adopted by City Council in 2015. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, seven (7) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), November 23, 2016 and referenced as Proposal No. 8425. 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 Project Manager, Emily Wilmsen, at (970) 221-6870 or ewilmsen@fcgov.com. Questions regarding bid submittal or process should be directed to Ed Bonnette, CPPB, CPM, Senior Buyer at (970) 416-2247 or ebonnette@fcgov.com. All questions must be submitted in writing via email to Emily Wilmsen , with a copy to Ed Bonnette, no later than 5:00 PM our clock on November 10, 2016. 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 8425 Road to 2020 Climate Action Plan Communications & Engagement Services Page 2 of 19 New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision- making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. 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 RFP 8425 Road to 2020 Climate Action Plan Communications & Engagement Services Page 3 of 19 REQUEST FOR PROPOSAL 8425 ROAD TO 2020/CLIMATE ACTION PLAN COMMUNICATIONS AND ENGAGEMENT SERVICES I. INTRODUCTION The City of Fort Collins needs a comprehensive, multi-faceted community engagement and communications plan for its Road to 2020, which is the implementation of the City’s Climate Action Plan (CAP) Framework adopted by City Council in 2015. The focus of this RFP is two-fold: 1. The development of an overarching strategic plan around community engagement. 2. Execution of some specific actions and messaging that is aligned with the strategic plan of this RFP. These efforts will continue in tandem with two existing City efforts: 1. Staff will continue to pursue regular public engagement opportunities working with such groups as CSU’s Center for Public Deliberation, and 2. Staff is in the process of branding the Road to 2020. While the focus of this RFP will be on 2020, the Road to 2020 is just the first step in the City’s long-term plans to reduce its carbon emissions. The goals adopted by Council in 2015:  20 percent below 2005 levels by 2020  80 percent by 2030  Carbon neutral by 2050 Phase I of the CAP Engagement Plan included identifying key audiences, pilot testing messaging on a new web interface and beginning communication on CAP implementation. This RFP will address Phase II. The City is moving from planning – the CAP – to branding actions people can take to help the community achieve its 2020 goals – known as the “Road to 2020.” Road to 2020 is bridging language: The City has embarked on a branding effort to identify actions associated with the Road to 2020 and requires the assistance of a professional communications/community engagement firm to assist with developing a strategic plan that addresses specific audiences and tactics as the brand is being developed. Austin, Texas has identified a six-stage framework of inform, report, educate, empower, inspire and engage to illustrate how they communicate about their Climate Action Plan. Using the Austin framework as a basis, the selected firm will develop a 2-year strategic plan that inventories current messaging and engagement strategies, assesses gaps in these strategies, and identifies the critical strategies to fill these gaps to ensure increased community engagement and action on the Road to 2020. The execution of this plan will be on the actions that people can take and how those actions fit into their lifestyles, not their belief in the Climate Action Plan or the Road to 2020. In addition to the overall plan, the City will work with the selected firm to develop key messages and outreach campaigns to implement the plan over the 2-year timeframe. Evaluation of success will occur after each campaign and lessons learned will be incorporated into the overall strategy moving forward. In the Austin model, this plan would focus specifically on “Empower,” “Inspire” and “Engage.” RFP 8425 Road to 2020 Climate Action Plan Communications & Engagement Services Page 4 of 19 The ideal team is composed of experts in sustainability communication and engagement, marketing and strategic planning. Experience in Colorado and/or the West is highly desired. All communications will be developed in tandem with the City’s Communications and Public Involvement Office (CPIO) and Utilities Community Engagement, which are the two entities managing Road to 2020 Messaging and Engagement Team. The Messaging and Engagement Team is one of the 10 CAP Strategic Initiative Teams – a mix of 70 City staff and 20 citizen volunteers - responsible for CAP strategy implementation. The budget of submitted proposals is not to exceed $92,000. II. SCOPE OF WORK The key characteristics of this Scope of Work are: 1. Developing a strategic plan 2. Executing the plan with messaging and communications tactics 3. Working with the City on existing and potential engagement opportunities. 1. Strategic Plan Development will include: o Inventory and Assessment/Research  Research into successful campaigns in other communities (taking existing work already collected by Environmental Services staff and the City Manager graduate intern). Research should focus on successful climate action campaigns as well as other successful Colorado (or Mountain region) campaigns or campaigns in communities that are more like Fort Collins in size and values such as health and wellness campaigns.  Among the communities that have been discussed: Austin plan/Let’s Talk Climate.org/Park City’s website.  Inventory of existing City engagement efforts around the Road to 2020 and the Climate Action Plan. o Identification of key audiences. The consultant selected in the RFP will provide direction on the following audiences identified by the City:  Further breakdown and understanding of Utilities Customer Segmentation study  Municipal organization employees  Renters vs. owners (e.g., As a homeowner, I’m more likely to be interested in on-bill financing for home improvement as opposed to the renter who doesn’t have that incentive).  Small businesses  Underserved populations (in tandem with CSU student study on underserved populations) Key outcomes of the strategic plan:  An emphasis on meeting 2020 goals by identifying multiple strategies at different levels to involve the community (“meeting individuals where they are at”).  A listing of the highest impact strategies RFP 8425 Road to 2020 Climate Action Plan Communications & Engagement Services Page 5 of 19  An execution plan that outlines key roles and responsibilities and timelines  Prioritization of strategies – low, medium, high, etc. 2. A communications plan that executes specific actions identified in the Strategic Plan: This communications and engagement work will include, although is not limited to: o Direct messaging assistance  Any communications and engagement strategy must address:  Why do we need people to act?  What is it we want them to do?  Where do we need to be in the community with what message?  Who needs to hear from us?  What benefits can/should we articulate to different audiences?  What are the actions needed to meet the goals?  How will we measure how and whether individuals have helped achieve these community goals?  When do we need people to act? o Communications toolkit  Create a storytelling campaigns and toolbox – visuals, newsletters, etc. – that will communicate to a broad audience using specific examples of existing strategies and offering specific actions (e.g., consumer product rebates (Ex: “ENERGY STAR dishwasher rebates = something you are already doing to help accomplish climate action goals. Here’s what else you can do.”)  Develop a clear path to connecting residents to their individual interests. (“What is your primary interest for participating in City programs?”)  Identification of useful marketing tools and materials that could include:  Social media strategy  Website (within scope of existing site(s))  Carbon calculator  Bus benches/shelter ads and bus benches  Videos that tell community stories (in tandem with ClimateWise)  Social networks  E-newsletters  Fact sheets: o For an external audience: Articulate the implementation strategies and individual roles residents and businesses can play. RFP 8425 Road to 2020 Climate Action Plan Communications & Engagement Services Page 6 of 19 o For an internal audience: Align existing City programs with the corresponding strategic initiative teams.  Templates for internal Strategic Initiative Teams to update the CAP Messaging and Engagement Team on public engagement opportunities and challenges  Other innovative communication tools that would effectively reach audiences listed above Key outcomes of the execution plan:  Pilot implementation and a report with assessment of results.  This execution plan will build excitement for citizen engagement with the CAP, leverage largely existing programs to build that excitement and develop and pilot new and innovative marketing strategies to engage the public and specific audiences in Plan implementation.  Metrics to evaluate the success of the plan and the outreach campaigns. The plan should result in individuals and business leaders seeing themselves in the Road to 2020 and giving people choices about actions.  Any messaging and engagement plan should not directly advocate for the Plan or a specific individual action.  Communications and engagement will focus on BENEFITS and ACTION relationships and how City programs support these actions – empowering, inspiring and engaging people to take actions that align with their personal values and interests.  Furthermore, this focus should highlight that these actions are relatively easy and will get the community to its 2020 goals or make life better for them as the goals align to their personal values or interests. III. DELIVERABLES Based on the needs identified above, the following will be considered key deliverables:  A strategic document that takes an inventory and assesses the City’s current marketing, communications, and engagement efforts around the Road to 2020;  Identification of the critical strategies needed to fill the gaps identified in the inventory and assessment;  Translation of these critical strategies into a two-year communications plan for community engagement that includes the following: o A detailed execution plan (that includes social media and other methods to reach multiple audiences) o Key messaging by a minimum of 4 audiences that includes pilot testing with municipal employees and engaged citizens (boards and commissions, etc). o A series of campaigns, i.e., quarterly, that can be targeted to different audiences to include messaging and collateral marketing materials o Assistance with specific metrics – in tandem with the CAP Performance Measurement team – that will help residents and the business community understand how they fit into the CAP and its implementation RFP 8425 Road to 2020 Climate Action Plan Communications & Engagement Services Page 7 of 19  Identification of community engagement strategies with City staff and partners to allow community deeper dive into specific strategies (transportation, energy, Ritter event in August 2016, etc.) o Giving residents/businesses/other audiences additional opportunities for input. o Alignment with the City’s work with the CSU Department of Political Science and the Center for Public Deliberation. o Lead coordination of Innovation Summit to be held by the end of the first quarter of 2017. IV. TIMELINE A draft Strategic Plan will be completed by the end of the first quarter of 2017 followed by implementation of the plan beginning in the second quarter of 2017. Task Q1 Q2 Q3 Q4 Strategic Plan Execution Plan Engagement opp. Branding Innovation Summit V. SUBMITTAL REQUIREMENTS The City’s intent is to choose the most qualified firm/team based upon approach, methods, qualifications and experience, availability, and general cost estimate. Once a firm is selected, a detailed scope of services will be developed for the awarded Professional Services Agreement. Of prime importance is the firm’s flexibility in responding to services as requested by City staff. Submittals are to be limited to 10 pages or less, exclusive of work product samples. All respondents are required to include the following information in the submittal as a minimum. Respondents are to number and name each section as follows: 1. Methods and Approach - Describe your expected or recommended approach to addressing the tasks in the Scope of Work and tasks described above. Describe the anticipated interaction with the City. Provide an outline (i.e., timeline) of your anticipated schedule for completing consultant tasks. a. Sustainability: All qualified consulting firm/teams participating in the submitted proposal are to explain in detail what their organization does in the way of a Sustainability Plan as a subset of this section. This is to include as a minimum what you do in the way of use of materials, equipment, vehicles, fuel, recycling, office practices, etc. as an organization that demonstrates leadership and that you “walk the talk” in regard to sustainable practices within your own organization. 2. Qualifications and Experience - Provide relevant information regarding previous experience related to developing similar Reports and Plans to the ones listed under our Deliverables above: RFP 8425 Road to 2020 Climate Action Plan Communications & Engagement Services Page 8 of 19  Number of years in the business.  Overview of services offered and qualifications  Names and location of similar projects. Three references of such projects, to include: a) Service provided b) Date of service c) Client organization d) Contact name and title, phone, and e-mail address of public agency reference(s) overseeing the planning effort.  Samples (preferably three via a web link or pdf files) of work products for similar projects. 3. List of Project Personnel - This list should include the identification of the contact person with primary responsibility for this contract, the personnel proposed for this contract, and any supervisory personnel, including partners and/or subconsultants, and their individual areas of responsibility. A résumé for each professional and technical person assigned to the contract, including partners and/or subconsultants, shall be submitted. The résumés shall include at least three references from previous assignments. 4. Organization Chart/Proposed Project Team - An organization chart containing the names of all key personnel and subconsultants with titles and their specific task assignment for this contract shall be provided in this section. 5. Availability – Describe the availability of project personnel to participate in this project in the context of the consultant firm’s other commitments. AS PART OF YOUR PROPOSAL RESPONSE UNDER “AVAILABILITY”, PLEASE INDICATE YOUR AVAILABILITY FOR ON-SITE INTERVIEW IN FORT COLLINS, COLORADO THE WEEKS OF DECEMBER 9 AND DECEMBER 16, 2016 IN THE EVENT YOU ARE INVITED FOR AN ORAL INTERVIEW ROUND. 6. Schedule of Rates – Provide a schedule of hourly rates that will apply for the tasks described above under Scope of Work, and your estimate of the cost and hours required to complete the project. RFP 8425 Road to 2020 Climate Action Plan Communications & Engagement Services Page 9 of 19 VI. VENDOR STATEMENT: I have read and understand the specifications and requirements for this Request for Proposal and I agree to comply with such specifications and requirements. I further agree that the method of award is acceptable to my company. I also agree to complete PROFESSIONAL SERVICES AGREEMENT with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. FIRM NAME: ADDRESS: CITY, STATE, ZIP: EMAIL ADDRESS: PHONE: BIDDER’S NAME: SIGNATURE: PRIMARY SERVICES ISSUES CONTACT: TELEPHONE: CELL: EMAIL: Compensation and Contract Process A. After contract award, progress invoices shall be billed in monthly installments, subject to review and approval by the City’s Project Manager. City payment terms will be Net 30 Days from receipt of invoice. B. The selected Professional shall be expected to sign the City’s standard Professional Services Agreement prior to commencing Services (see sample attached to this Proposal). C. The City reserves the right to award directly as a result of the written proposals. The City may or may not opt to conduct oral interviews. D. The City reserves the right to negotiate with any vendor as determined at the City’s sole discretion. The City reserves the right to reject any or all proposals, and to waive any irregularities. COMMODITY CODES USED FOR THIS RFP: 918-43 Environmental Consulting 925-35 Environmental Engineering 918-32 Consulting Services (Not Otherwise Classified) 918-26 Communications: Public Relations Consulting 918-76 Marketing Consulting RFP 8425 Road to 2020 Climate Action Plan Communications & Engagement Services Page 10 of 19 VII. REVIEW AND ASSESSMENT Proposers will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and any optional interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 2.0 Scope of Proposal 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 include detailed cost break-down for each cost element as applicable and are the line-item costs competitive? Do the proposed cost and work hours compare favorably with the Project Manager’s estimate? Are the work hours presented reasonable for the effort required by each project task or phase? 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”. RFP 8425 Road to 2020 Climate Action Plan Communications & Engagement Services Page 11 of 19 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 Ranked 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 If a study, did it meet the Scope of Work? RFP 8425 Road to 2020 Climate Action Plan Communications & Engagement Services Page 12 of 19 (SAMPLE) PROFESSIONAL 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 "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of ( ) pages, and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Professional shall be solely responsible for performance of all duties hereunder. 2. The Work Schedule. [Optional] The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of ( ) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 200 , and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for RFP 8425 Road to 2020 Climate Action Plan Communications & Engagement Services Page 13 of 19 services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorney’s fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain insurance in accordance with Exhibit , consisting of one (1) page, attached hereto and incorporated herein. 6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ) in accordance with Exhibit “ ”, consisting of ( ) page , attached hereto and incorporated herein. Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. [Optional] Insert Subcontractor Clause Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 6. Compensation. [Option 1] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis in accordance with Exhibit “ ”, consisting of ( ) page , attached hereto and incorporated herein, with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project RFP 8425 Road to 2020 Climate Action Plan Communications & Engagement Services Page 14 of 19 representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Project Drawings. [Optional] Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non-fading process to provide for long storage and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 10. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 11. Subcontractors. Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Professional. 12. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 13. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve RFP 8425 Road to 2020 Climate Action Plan Communications & Engagement Services Page 15 of 19 the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 14. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 15. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non- defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that RFP 8425 Road to 2020 Climate Action Plan Communications & Engagement Services Page 16 of 19 knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of one (1) pages, attached hereto and incorporated herein by this reference. RFP 8425 Road to 2020 Climate Action Plan Communications & Engagement Services Page 17 of 19 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: PROFESSIONAL'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 8425 Road to 2020 Climate Action Plan Communications & Engagement Services Page 18 of 19 EXHIBIT INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional 's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. RFP 8425 Road to 2020 Climate Action Plan Communications & Engagement Services Page 19 of 19 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the City, or the City so requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City’s remedies at law for a breach of the Professional’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law.