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HomeMy WebLinkAboutRFP - 8391 OPEN DATA PORTAL SOFTWARE AS A SERVICERFP 8391 Open Data Portal Software as a Service & Consulting Page 1 of 20 REQUEST FOR PROPOSAL 8391 OPEN DATA PORTAL SOFTWARE AS A SERVICE & CONSULTING The City of Fort Collins is requesting proposals from qualified firms for a web-based platform (Open Data Portal) to provide a web-based presentation of the City’s operational data to the citizens and businesses of Fort Collins. The proposed solution should significantly increase accessibility and transparency of the City's data. 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, eight (8) 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), October 17, 2016 and referenced as Proposal No. 8391. 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, Dan Coldiron at (970) 221-6844 or dcoldiron@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 Dan Coldiron , with a copy to Ed Bonnette, no later than 5:00 PM our clock on September 30, 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. 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 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 8391 Open Data Portal Software as a Service & Consulting Page 2 of 20 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 8391 Open Data Portal Software as a Service & Consulting Page 3 of 20 REQUEST FOR PROPOSAL 8391 OPEN DATA PORTAL SOFTWARE AS A SERVICE & CONSULTING BACKGROUND: The purpose of the purchase is to increase accessibility and transparency of the City of Fort Collins’ current and historical data stores. The City seeks to provide residents the ability to quickly and easily view, visualize, and analyze information in a web-based interface with historical context, along with the ability to download specific and often filtered data sets. As well, the City seeks to make data available in machine-readable formats and readily accessible via application programming interfaces, allowing external developers to access and consume the data in order to publish applications and/or to re-present the data in other forms. PROJECT OVERVIEW: The City of Fort Collins is seeking proposals for a web-based platform (Open Data Portal) to provide a web-based presentation of the City’s operational data to the citizens and businesses of Fort Collins. The proposed solution should significantly increase accessibility and transparency of the City's data. The types of data that the City plans to use the portal to present would include: financials, GIS, capital improvement project, crime, performance measures, transportation, planning, development, recreation, and code enforcement, among others, via an easy to use, intuitive, flexible, web-based interface. The system should be a Software as a Service (SaaS), defined as an application or applications hosted by the Respondent where the City does not take ownership of the software, and is instead purchasing access to the application via the internet. BUDGET: The City of Fort Collins has identified a not to exceed budget for this project of $90,000. MINIMUM CONTRACTOR QUALIFICATIONS: Respondent shall have a fully developed product implemented for municipalities/government entities. Respondent will be required to provide proof that the current product has previously been successfully implemented to the satisfaction of its customers, and that current staff has been trained to work on and troubleshoot the proposed software installations. Respondent shall be an authorized vendor/reseller of the SaaS system that is being proposed. PROJECT SCOPE: The City will use this software solution to pursue short and long term outcomes, as follows: 1. The short term outcomes of the project are: a. Provide citizens and City staff easy to use web-based platform to access, query, filter, visualize, and export current and historical financial, budgetary, operational, performance, community, and GIS data. b. Provide a web-based platform in order to generate output of the data in a variety of digital formats, including the in-platform mapping of data containing the necessary geographic elements. c. To allow for the receipt and interpretation of batch data from the City's technology systems in an automated manner for presentation to the public within the system. RFP 8391 Open Data Portal Software as a Service & Consulting Page 4 of 20 d. Provide community developers interfaces that allow them to create applications based upon access to one or more data sets within the platform. 2. The long term outcomes of the project are: a. To increase access to and transparency to a large amount of the City's operational data sets. b. To implement an open data platform that allows the City the opportunity to aggregate a wide breadth of data, metrics, and measures within a single platform. c. Implement and maintain the system in a manner that automates as much of the posting and updating of data within the system as is reasonably possible. d. Implement thematic aggregation within the system to expose specific business processes and data, such as, but limited to: budgeting, capital improvements, performance measures, and community development. 3. The scope of this phase of the project will include the following services and deliverables: a. Configuration and design of the proposed system such that it is generally similar to the City’s www.fcgov.com website. b. Publication of a number of datasets as identified in the next section or similar. c. Development of data specifications and processes by which the City can automatically export data to the vendor's system. Frequency of data export ranges from daily to quarterly depending on type of data. d. Development and configuration of data import processes/tools to consume City data into the vendors system. e. Training and documentation for staff that will use/manage the software. f. Ongoing service/support of the software. It is the City's desire to implement the solution in a timely manner as soon as the contract is awarded. TYPES OF DATA – INITIAL PHASE: The City intends to publish various types of data and the software solution shall provide the appropriate visualization method(s). Software solution shall handle current and historical data as well as comparisons between current and historical data. The City seeks to publish some or all of the data sets listed below in priority order: 1. City Expense Data: This data represents payments made by the City of Fort Collins to vendors, employees, and other entities. The frequency of data export will need to be determined. 2. Employee Pay 3. Crime-Related Data 4. GIS data sets: The GIS data sets that the City makes openly available, viewable in a mapping interface. The frequency of data export will be weekly. a. Current building permits RFP 8391 Open Data Portal Software as a Service & Consulting Page 5 of 20 b. Street centerlines with address ranges c. Floodplains d. Parcels e. District precincts f. Zoning g. FEMA floodplains h. Liquor Licenses i. Annexations 5. Water Production and Quality 6. Development Review and Land Management Data 7. Customer Service Requests 8. Nuisance Code Violations TECHNICAL SOLUTION CONSIDERATIONS: The estimated population for potential use of the open data portal solution is any employee or resident of the City of Fort Collins. Other potential ancillary users may also access the system, as it will be publically available on the web. The City of Fort Collins cannot guarantee any minimum or maximum number of users, or frequency of access. It is anticipated that the open data portal solution will require a test environment to provide: a) Training for IT personnel and data owners/contributors. b) Data import/export testing and validation. c) Training of City staff personnel for use of the platform. d) Coordination with the City staff to verify the ability of the software to receive and interpret a variety of data types/sets. PROPOSAL SUBMITTAL REQUIREMENTS: The Respondent shall provide services to accomplish a complete and finished software solution. Respondent must provide a detailed response to the service requirements outlined below. Please include any relevant system requirements which would be necessitated for successful implementation. Each response should include the heading and numbering schema shown below for the section that is being addressed. Failure to follow this format may result in vital information not being considered when reviewing the proposal. Of prime importance is the firm’s flexibility in responding to services as requested by City staff. At minimum, the services shall include, but are not limited to the services outlined below: I. Methods and Approach: Vendor’s Proposal is to include your expected or recommended approach to addressing the Scope of Required Services described above. Describe the anticipated interaction with the City in regard to: A. IMPLEMENTATION SERVICES: RFP 8391 Open Data Portal Software as a Service & Consulting Page 6 of 20 1) Project Planning: Define in a written Project Plan, the tasks, milestones, schedule, deliverables, communication, risk management and resource management of the implementation project. 2) Requirements Definition: Document the roles, processes, and software functions to be accomplished by the system, using requirements provided by the City, and a structured documentation methodology. 3) Services Access: Confirm access needed from workstations for development and testing purposes, noting any required plug-ins or other needed modules. 4) Infrastructure Plan: Include a Plan that describes any needed additions and/or changes to the City's infrastructure in order to support the portion of the application hosted at the City or for access from the City staff. 5) Security Plan: Include a Plan that describes the security related changes needed by the hosting environment or applications in order to meet the City's needs. 6) Software Configuration: Submit a Configuration Plan that describes how the provided software service will be configured to meet City needs as documented. Configuration Plan is to include the following: Modifying screens, menus, reports, and adding user-defined fields to adapt to the City's needs, including any custom programming. 7) Data Conversion: Include cost for conversion of up to five years of existing data for use within the proposed solution as needed. 8) Hosting: Provide an overview of SaaS infrastructure environment including up-time history, response time, etc. 9) Testing: The City will be responsible for conducting tests to ensure that the base software, any modifications, interfaces, and hardware meet the City's business needs and it functions properly in the City's environment i. The City and the Respondent will work to resolve any issues in configuration, data conversion, or performance. The Respondent will obtain written verification from the City's Contract Administrator of this task. ii. The Respondent will immediately provide resources for product fixes resulting from errors identified during the software testing process and provide additional training and/or support where necessary. iii. Respondent’s proposal shall address all sections of Acceptance Testing to be specified by the City of Fort Collins. 10) Performance Tuning: The provided environment will be assessed and modified to achieve best performance and optimum settings. Respondent shall specify measures and targets to track user experience in relation to system responsiveness. Respondent shall provide regular updates of these measures and commit to address any degradation in user experience. 11) Startup: Provide assistance with project setup to resolve initial issues. 12) Training: Submit a comprehensive Training Plan to include, but not limited to, conducting training on-site or remotely for up to 10 staff members at varying levels of use. RFP 8391 Open Data Portal Software as a Service & Consulting Page 7 of 20 B. DATA and PLATFORM SERVICES: Respondent must clearly state and, if necessary, be prepared to demonstrate how they will meet the requirements below: The proposed solution will provide or enable users to: 1) Import data such that there is the greatest opportunity for the automation of the loading and general maintenance of data sets 2) A platform that presents data and services to the public in a manner that is relatively easy to navigate and make use of with little or no training 3) Analyze data in graphical format 4) Analyze data in a tabular format 5) Generate and view multiple graphical formats such as pie, line, bar, or similar charts 6) Search for presented data by one or more of the provided data elements 7) Filter and sort data by one or more of the provided data elements 8) Export data from the platform into a wide variety of digital formats 9) Create bookmarks or share links to searches or filtered results 10) Access the data in machine readable formats and be accessible in current industry standard application programming interfaces 11) Provide opportunities for robust description of the data sets to be available with each data set 12) Visualize data sets with a geographic element in a mapping format 13) The presentation of thematic groupings of data sets such that visitors to the site can start with a general theme, such as “Budget” or “Finances” and drill down into layered, logical groups of data 14) Create the opportunity for public discussions related to data set(s) 15) A platform that has demonstrated a very high level of availability C. SUPPORT SERVICES: The Respondent's proposal must provide information that can be used by the City to evaluate the Respondent’s support services. Following the successful startup and training, the Respondent is expected to provide ongoing support services to preserve the investment of the City of Fort Collins and to assist in resolving issues. Minimum required support services are as follows: 1) Software Maintenance: a) With the City's approval, updates or upgrades of the software service can be incorporated for bug fixes, new features or other software enhancements included in future versions. b) A description of the roles, responsibilities, problem escalations path, scheduled downtimes, contact names, emails, and phone numbers in support of the Respondent’s hosted system. RFP 8391 Open Data Portal Software as a Service & Consulting Page 8 of 20 2) Telephone and/or Remote Support: Software troubleshooting and usage advice provided via telephone and / or tools that allow remote support. 3) On-Site Support: Software troubleshooting, reconfiguration, retraining or other specialized assistance provided on-site. 4) Warranty: The City desires a one-year warranty to follow final acceptance. This includes free upgrade maintenance and support services during the one- year warranty period. ALL WARRANTIES SHALL START FROM THE CITY OF FORT COLLINS IN SERVICE DATE. All warranty items/issues/concerns shall be resolved at no charge to the City of Fort Collins. This shall include, but not be limited to, parts, labor, freight, travel, etc. All warranty items/issues/concerns shall be resolved within a time frame determined by the Contract Administrator. The Contractor shall warranty all parts and services provided by a subcontractor just as if supplied directly by the Contractor. II. Qualifications and Experience: Provide relevant information regarding previous commercial experience related to implementation of open data portal software and services to the tasks listed under the Scope of Required Services above: A. Number of years in the business. B. Names and location of similar projects. Three references of such projects, to include: 1) Service provided 2) Date of service 3) Client organization 4) Contact name and title, phone, and e-mail address of public agency reference(s) overseeing the planning effort. 5) Samples (preferably three via a web link or pdf files) of work products for similar projects. III. 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 brief biography for each professional and technical person assigned to the contract, including partners and/or subconsultants, shall be submitted. IV. 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. V. Availability – Describe the availability of project personnel to participate in this project in the context of the consultant firm’s other commitments. A. AS PART OF YOUR PROPOSAL RESPONSE UNDER “AVAILABILITY”, PLEASE INDICATE YOUR AVAILABILITY FOR ON-SITE INTERVIEW IN FORT COLLINS, COLORADO THE WEEKS OF NOVEMBER 4 AND NOVEMBER 11, RFP 8391 Open Data Portal Software as a Service & Consulting Page 9 of 20 2016 IN THE EVENT YOU ARE INVITED FOR AN ORAL INTERVIEW ROUND. B. Project Schedule: It is the City's desire to implement the solution in a timely manner as soon as the contract is awarded. Respondent shall submit a proposed Project Implementation Schedule/Timeline. VI. Cost Schedule: As a minimum, provide detailed pricing information for the items listed above, for. A. Implementation Services B. Data Services C. Support/Maintenance Services 1) Include Vendor’s proposed Service Level Agreement (SLA) & ongoing annual Cost for ongoing Maintenance & Support Services here. VII. 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: EMAIL ADDRESS: PHONE: BIDDER’S NAME: SIGNATURE: PRIMARY SERVICES ISSUES CONTACT: TELEPHONE: CELL: EMAIL: RFP 8391 Open Data Portal Software as a Service & Consulting Page 10 of 20 COMMODITY CODES USED FOR THIS RFP: 20800 COMPUTER SOFTWARE FOR MICROCOMPUTERS (PREPROGRAMMED) 20837 Database Software Database Software For Microcomputers, Software, Database (Microcomputer), Microcomputer Database Software 20853 Integrated Software Integrated Software For Microcomputers, Software, Integrated, For Microcomputer, Microcomputer Software, Integrated 20854 Internet and Web Site Software for Microcomputers Internet Software For Microcomputers, Web Site Software For Microcomputers, Microcomputer Software For The Internet And Web Site, Software, Internet And Web Site (For Microcomputers) 20900 COMPUTER SOFTWARE FOR MINI AND MAINFRAME COMPUTERS (PREPROGRAMMED) 20938 Database Database Software For Mini/Mainframe Computers, Software, Database (Mini/Mainframe Computer), Computer Database Software, Mini/Mainframe 20954 Internet and Web Site Software for Main Frame Computers Internet And Web Site Software For Main Frame Computers, Main Frame Computer Internet And Web Site Software, Software, Internet And Web Site (For Main Frame Computers), Web Site And Internet Software (For Main Frame Computers) 91829 Computer Software Consulting Consulting Services, Computer - Software, Computer - Software, Consulting Services Compensation and Contract Process: A. After contract award, progress invoices shall be billed as mutually agreed, 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 Service Provider 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. RFP 8391 Open Data Portal Software as a Service & Consulting Page 11 of 20 VIII. Review and Assessment: Firms will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and any 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? 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? 2.0 Cost and Work Hours Does the proposal included detailed cost break- down for each cost element as applicable and are the line-item costs competitive? Do the proposed cost and work hours compare favorably with the Project Manager's estimate? Are the work hours presented reasonable for the effort required by each project task or phase? 2.0 Firm Capability Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on- time and in-budget? Has the firm successfully completed previous projects of this type and scope? Definitions: Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three RFP 8391 Open Data Portal Software as a Service & Consulting Page 12 of 20 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.” IX. Reference Evaluation (Top Rated Firm): The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 8391 Open Data Portal Software as a Service & Consulting Page 13 of 20 (Sample; for Review only) 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 services rendered prior to the date of termination, subject only to the satisfactory RFP 8391 Open Data Portal Software as a Service & Consulting Page 14 of 20 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 representative who shall make, within the scope of his or her authority, all necessary and RFP 8391 Open Data Portal Software as a Service & Consulting Page 15 of 20 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 the Professional of responsibility for the quality or technical accuracy of the work. The RFP 8391 Open Data Portal Software as a Service & Consulting Page 16 of 20 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 8391 Open Data Portal Software as a Service & Consulting Page 17 of 20 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 8391 Open Data Portal Software as a Service & Consulting Page 18 of 20 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 8391 Open Data Portal Software as a Service & Consulting Page 19 of 20 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 8391 Open Data Portal Software as a Service & Consulting Page 20 of 20 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.