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HomeMy WebLinkAboutRFP - 8438 BUDGET ANALYSIS REPORTING TOOL SOFTWARE UPGRADERFP 8438 Budget Analysis Reporting Tool Software Upgrade Page 1 of 29 REQUEST FOR PROPOSAL 8438 BUDGET ANALYSIS REPORTING TOOL SOFTWARE UPGRADE The City of Fort Collins is requesting proposals from qualified firms to create a partnership between a single software development company and the Information Technology Department to upgrade and provide maintenance and support for the custom Budget Analysis and Reporting Tool (“BART”) application that manages the Budgeting for Outcomes (“BFO”) process, including personnel service costing, revenue and expenditures as managed by City of Fort Collins Finance Budget Department as described herein. Administration of the BART application will be performed by the City. 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), January 11, 2017 and referenced as Proposal No. 8438. 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 Marija Balic-Wilson at (970) 221-6258 or mbalicwilson@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 Marija Balic-Wilson , with a copy to Ed Bonnette, no later than 5:00 PM our clock on December 16, 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 8438 Budget Analysis Reporting Tool Software Upgrade Page 2 of 29 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 8438 Budget Analysis Reporting Tool Software Upgrade Page 3 of 29 REQUEST FOR PROPOSAL 8438 BUDGET ANALYSIS REPORTING TOOL SOFTWARE UPGRADE The City of Fort Collins is requesting proposals from qualified firms to create a partnership with a single software development company to upgrade and provide maintenance and support for a unique application for the City of Fort Collins Finance Budget Department. General Description: The City of Fort Collins (“City”) is requesting proposals from qualified firms to create a partnership between a single software development company (“Professional”) and the Information Technology Department to upgrade and provide maintenance and support for the custom Budget Analysis and Reporting Tool (“BART”) application that manages the Budgeting for Outcomes (“BFO”) process, including personnel service costing, revenue and expenditures as managed by City of Fort Collins Finance Budget Department as described below. Administration of the BART application will be performed by the City. The Professional will work with the City to upgrade and architecturally rewrite the BART application upon award of the contract including the accommodation of some 54 Change Requests (“CR”) and issues that mostly address defects in current functionality. The upgrade could include porting code base to more recent version of development environment and tools. The current architecture is to be rewritten for current best practice and removal of redundancy. Once implemented, the Company will troubleshoot issues with the implementation of the application and perform requested modifications to provide the full functionality as designed. The vendor selected by the City will also provide ongoing maintenance and support for future application issues, modifications and enhancements. Background: Some of the key BART screens are presented below in the BFO workflow description; in all there are approximately 70 different screens in BART. The City of Fort Collins provides a wide variety of services to over 158,600 residents (2015 estimate). These municipal services are financed through a variety of revenue sources including taxes, fees, charges for service, and intergovernmental assistance. In order to plan for the effective delivery of services and to efficiently manage the revenues which support those services, the City adopts a budget, also known as a financial plan. The fiscal year of the City is the calendar year. By City Charter, the City may adopt budgets for a budget term of one or more fiscal year(s). Council has approved a two-year budget term and will adopt a biennial budget for the years 2017 and 2018. The proposed City Manager’s budget provides a complete financial plan for each fund of the City and includes financial statements for each type of fund showing RFP 8438 Budget Analysis Reporting Tool Software Upgrade Page 4 of 29 comparative figures for the last completed fiscal year, comparative figures for the current year, and the City Manager's recommendations for the ensuing budget term. This budget plan is sent to the City Council for review and adoption. The City uses performance measures and data-driven decision making. In reference to the budget, an Outcome based performance measurement system will help ensure that available resources are used to achieve excellent Outcomes at low cost to the taxpayers and will enhance the citizen’s understanding of the City and the services it provides. Budget Process The City uses a budgeting process called Budgeting for Outcomes (BFO). BFO is a systematic process driven by goals and performance, to provide information that relates budgeting to planning and Outcomes. Its purpose is to create a sound operational plan and better align the services delivered by the City with the things that are most important to the community. The budgeting process begins with strategic planning. The strategic plan includes 6 to 12 strategic objectives for each of our seven key strategic Outcomes. Those strategic objectives drive our budgeting process. Every program, service and initiative funded in the budget aligns with one or more strategic objectives. The City then implements what is funded and we use performance measurements to evaluate how well the City is Meeting the strategic objectives. The last step is ongoing managerial review of performance. This is depicted in the graphic below: RFP 8438 Budget Analysis Reporting Tool Software Upgrade Page 5 of 29 BFO begins with 1) determining the municipality’s available revenues, 2) understanding the communities desired Outcomes and the City's strategic objectives, and then 3) deciding what programs, services and initiatives can best achieve the desired Outcomes. Instead of starting with the previous year’s budget and justifying increases or cuts from that base, BFO starts from scratch (zero- based budget) with a set of Outcomes that matter to citizens and an allocation of available dollars to each of those Outcomes. Here is a more detailed walkthrough of the process:  Revenue - Departments develop multi-year revenue projections which effectively set the "price of government”; the amount available for buying programs and services that will help achieve the key Outcomes decided by City Council. Below is a representative BART screenshot for the Revenue function where Revenue Owners can enter Revenue and distribute it throughout the two BFO years to capture fluctuations from month to month. Revenue Owner & Rights assigns or changes ownership for a revenue account and may assign user rights to a delegate. Funding Sources manages the revenue objects used to create a funding source. Below is also a representation of the Allocations function which allows users to manage the fund allocations across current and future years. RFP 8438 Budget Analysis Reporting Tool Software Upgrade Page 6 of 29  Offers - City staff, from all departments and divisions (a.k.a. Sellers), prepare the budget requests (a.k.a. Offers) in response to the City’s Strategic Plan. Offers are organized within Packages. There is a one:many relationship between Package:Offers. RFP 8438 Budget Analysis Reporting Tool Software Upgrade Page 7 of 29 Sellers construct the Offer’s narrative, staffing, expenses and funding. Once the budget is adopted, Sellers distribute the Offer’s expenses. Below is a representation of Package/Offer Development screens depicting list of Packages and the Offers contained in the Package. Upon drilling further into the Offer screen, the user manages the Offer’s staffing, expenses and funding.  BFO Teams - are formed and prepare Outcome Maps that are a visual representation of the primary and secondary factors that will help achieve the desired results for the Outcome. BFO Teams review Offers and work with Sellers to refine them to be as efficient and effective as possible. RFP 8438 Budget Analysis Reporting Tool Software Upgrade Page 8 of 29 Public outreach is conducted to gather citizen input on the discretionary enhancements they think should and should not be funded. This public engagement occurs via staff visitation to community events, open house and online tools. The data collected is summarized and then provided to BFO Teams, the executive management team (a.k.a Budget Lead Team [BLT]) and City Council. BFO Teams rank the final Offers based upon their merits relative to the Outcome to which it was submitted and the resources available. Those ranked Offers are recommended to the Budget Leadership Team for inclusion in, or exclusion from, the City Manager’s Recommended Budget.  Budget Leadership Team - reviews all the BFO Team recommendations and creates the City Manager’s Recommended Budget. The City Manager’s Recommended Budget is submitted to City Council before the first Monday in September per City Charter requirements. It is also made available online for public input. Throughout the fall, City Council holds two public hearings and several Council Work Sessions to discuss and refine the budget. City Council adopts the final biennial budget and annual appropriation ordinance no later than November 30th, to go into effect January 1st of the following year.  Personnel Services Costing (PSC) – HR staff use the PSC engine to forecast and run projections on cost of personnel. This is an iterative process before the Budget cycle begins. As HR lands on a forecast, that forecast is loaded as the Scenario for available positions and cost of positions to be added to Offers for the upcoming BFO cycle. The PSC engine is a powerful and complex forecasting utility. Below is a representation of the PSC screen. RFP 8438 Budget Analysis Reporting Tool Software Upgrade Page 9 of 29  Admin – the Administration menu enables the City IT Staff to administer the BART System through the BFO cycle. From the Admin menu, o lookup tables are updated and managed o users access is maintained o super users are able to impersonate users for troubleshooting purposes o rulesets are advanced and rolled which is a concept of further granulating user role access through phases of the BFO cycle o import of BART budget data into the City’s ERP system, JDE. o back-up of the BART database o and more Below is a representation of the Admin menu and Security Setup screens. RFP 8438 Budget Analysis Reporting Tool Software Upgrade Page 10 of 29 Example of Possible Project Schedule Demonstrating Iterative Release Plan: RFP 8438 Budget Analysis Reporting Tool Software Upgrade Page 11 of 29 Current Product Description:  The line count of all C#, ASMX, ASPX, and Java Script files is 1,781,276. The code is not otherwise architected to give any other size or complexity metric.  The code and development environment is maintained on vendor servers with demonstrated security, version control, and disaster recover. The vendor uploads to the City’s Test and Production environments on new releases.  The current BART Developer’s environment is configured as follows: o Visual Studio 2015 o .NET 4.5 o SQL Server 2012 o Telerik web controls version 2015.2.826.45 and runtime version v4.0.30319 o BART was developed organically over a period of 10 years and as such is a combination of C#, Java Script, and SQL code. Functionality and redundancy can occur in any combination of those 3 components.  The projected BART Production environment platform: o VMs running Windows Server 2012 R2 o MS SQL Server 2012 SP3 Scope of Work:  BART is a Tier 1 Priority 1 Enterprise application for the City, and as such the Professional is expected to provide sufficient resource for this project to be a continuous effort without any significant delay due to Professional’s resource scheduling.  The City will walk the Professional through the current working product and its associated online help, Personnel Services Costing (PSC) flowchart and Roles and Rules matrix. The City shall maintain said product throughout the project life cycle as the User Requirements Specification. Other functional and non-functional requirements will be provided for system results and behaviors where not explicit in the interface.  City will create the project plan and provide a Project Manager. The Professional shall meet regularly with the Project Manager who will manage the project plan, lead team meetings, hold all resources accountable for on time delivery and milestones, manage vendor(s), and communicate to the project team stakeholders and management on a regular basis.  City currently owns the code base and will continue to own the code base during the re- write project, upon code complete and beyond throughout the lifetime of the BART application.  Professional shall maintain the Development environment and show evidence of adequate security, version control, and disaster recovery including periodic source updates to the City on a schedule determined by both parties. Professional shall own the process to upload BART executables to the City’s new upgrade Test and Production environments. The releases shall be ready for execution without further configuration or installation by the City.  Professional shall not effect database changes without express written permission by the City and only then after having demonstrated significant need. The existing database and schema are relatively simple and straightforward and have served well. RFP 8438 Budget Analysis Reporting Tool Software Upgrade Page 12 of 29 The City anticipates little to no changes in the database; database changes can have far- reaching effects on reporting.  Professional is likewise responsible for any BART data import or extract as they may be affected by BART database changes or any other functional or non-functional changes. BART import or extract processes are considered part of the BART product, but does not include reporting.  Professional shall deliver a product that performs at or above current levels.  Professional shall define the code architecture and standard methodology and technology used for development and architectural re-write of application. Professional shall document said elements and conduct a review with the City IT staff before development begins. Said documentation shall be a final deliverable of the project.  Professional shall look for opportunities to provide Administrator configuration options where hard-coding exists today. For example, ruleset definition and role assignment currently require direct editing of the web.config file which can create work stoppage if mismanaged.  Professional shall plan to attend occasional on-site meetings in Fort Collins in support of project.  Schedule: The RFP will be awarded for work to commence in early Q1 2017. The Upgraded BART product must be in Production Oct. 1, 2017 for off-year adjustments made in Q4 of 2017. “In Production” means the product is code complete, tested, and accepted by the business after user testing. o Design and architecture documentation complete and reviewed no later than March 20, 2017 o The remaining code and testing efforts should run in parallel with an expected up front effort to construct sufficient infrastructure to deliver BART functionality in phases approximating the BART menus, but not necessarily in the order Revenue, Package/Offer Development, Rating/Ranking, Accept Offers, Budget, PSC and Admin. o Code Complete  Code shall be system tested by Professional before being submitted to the City and perform as designed in scenarios where there are no user or data entry errors.  Code shall be delivered in verticals as agreed to by the City and Professional in parallel with development; it is not practical to schedule all users to test a simultaneous “big-bang” delivery. o Test and acceptance  Upon delivery of new bits to the test environment, the City IT team will verify with surface testing that system testing has occurred. BART can then be user tested, which could possibly include error testing.  The Professional and the City will agree on an appropriate delivery schedule that allows sufficient time for significant development and sufficient time for surface and user testing.  Once development is complete and BART is in Production, the Professional is expected to provide continuing on-call and next-day support for BART Production. On call implies a virtually immediate response while next-day is the next business day. During the biennial BFO process and at certain other times BART is a critical enterprise application and work stoppage must be addressed immediately. RFP 8438 Budget Analysis Reporting Tool Software Upgrade Page 13 of 29  The City may, at its discretion, employ the continuing support statement of work to add functionality to BART on an agreed to fee schedule. SUBMITTAL REQUIREMENTS The City’s intent is to choose the most qualified firm/team based upon approach, methods, qualifications and experience, availability, and schedule of rates. 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. 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 described above. Describe the anticipated interaction with the City. Please include a description of the tasks that you expect to be completed by the City. In your response please include: a. Sustainability: All qualified consulting firm/teams participating in the submitted proposal are to briefly explain 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. b. Include your Service Level Agreement for work stoppage and non-work stoppage issues during development and throughout the life of BART while in Production. c. Include your development methodology. d. Describe your development environment including version control, security, backup and disaster recovery. e. Include a work plan on how you would spend your first 90 days on this project. 2. Qualifications and Experience - Provide relevant information regarding previous experience related to developing similar plans and services to the ones listed under our Scope of Work above:  Number of years in the business.  Overview of services offered and qualifications  Names and location of a minimum of three (3) similar projects. Mention whether similar projects were in public or private sector and whether any RFP 8438 Budget Analysis Reporting Tool Software Upgrade Page 14 of 29 previous professional services work with the City of Fort Collins. 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.  NOTE: WE ARE LOOKING SPECIFICALLY FOR EXAMPLES OF SIMILAR PROJECTS DURING THE LAST THREE YEARS. IF NONE, PLEASE STATE SO AND GIVE US EXAMPLES OF OTHER RELATED 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 brief biography for each professional and technical person assigned to the contract, including partners and/or subconsultants, shall be submitted. The biographies are to 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 JANUARY 27 AND FEBRUARY 3, 2017 IN THE EVENT YOU ARE INVITED FOR AN ORAL INTERVIEW ROUND. 6. Schedule of Rates, Cost, and Work Hours – 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. Include all fees and reimbursable expenses. Total cost should be expressed as the amount including all fees and expenses. NOTE: The City has budgeted $300,000 for the upgrade and rewrite of the BART application. RFP 8438 Budget Analysis Reporting Tool Software Upgrade Page 15 of 29 Please provide 2 price quotes; one for development separate from another for subsequent ongoing maintenance and support. 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: COMMODITY CODES USED FOR THIS RFP: 918-29 Computer Software Consulting 920-46 Software Updating Services 920-40 Programming Services, Computer 920-00 Data Processing, Computer, and Software Services RFP 8438 Budget Analysis Reporting Tool Software Upgrade Page 16 of 29 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 Contractor 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. REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and 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 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 Does the firm demonstrate a commitment to RFP 8438 Budget Analysis Reporting Tool Software Upgrade Page 17 of 29 Methodology 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? RFP 8438 Budget Analysis Reporting Tool Software Upgrade Page 18 of 29 Definitions Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with competing products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition of Andrew Savitz for TBL is that it “captures the essence of sustainability by measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” Reference Evaluation (Top 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 8438 Budget Analysis Reporting Tool Software Upgrade Page 19 of 29 PROFESSIONAL SERVICES AGREEMENT (SAMPLE) 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", as agent, on behalf of the Poudre River Public Library District (District), 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 ( ) page , and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence , 20 and shall continue in full force and effect until , 20 , 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 or District 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: Attn: City of Fort Collins Attn: Purchasing Dept. PO Box 580 RFP 8438 Budget Analysis Reporting Tool Software Upgrade Page 20 of 29 Fort Collins, CO 80522 Copy to: Poudre River Public Library District Attn: Ken Draves PO Box 580 Fort Collins, CO 80522 Copy to: Seter & Vander Wall, P.C. 7400 E. Orchard Rd, Ste 3300 Greenwood Village, CO 80111 In the event of any such early termination by the City or District, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, the District, their 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 and name the District as an additional insured 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 ClauseFinal 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. RFP 8438 Budget Analysis Reporting Tool Software Upgrade Page 21 of 29 7. 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. 8. City Representative. The City will designate, prior to commencement of work, a City or District project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 9. 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 owner in and AutoCAD version no older then the established city standard. 10. 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. 11. 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. RFP 8438 Budget Analysis Reporting Tool Software Upgrade Page 22 of 29 12. 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. 13. Personal Services. It is understood that the City enters into this 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 this Agreement without the prior written consent of the City. 14. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 15. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 16. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire RFP 8438 Budget Analysis Reporting Tool Software Upgrade Page 23 of 29 agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 18. 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. 19. Prohibition Against Employing Illegal Aliens Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of RFP 8438 Budget Analysis Reporting Tool Software Upgrade Page 24 of 29 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. 20. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " " - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. RFP 8438 Budget Analysis Reporting Tool Software Upgrade Page 25 of 29 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney PROFESSIONAL'S NAME By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: RFP 8438 Budget Analysis Reporting Tool Software Upgrade Page 26 of 29 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. RFP 8438 Budget Analysis Reporting Tool Software Upgrade Page 27 of 29 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 8438 Budget Analysis Reporting Tool Software Upgrade Page 28 of 29 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the Poudre River Public Library District (the “District”), acting through its agent, the City of Fort Collins (the “City”), pursuant to this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been informed that the District and the City have 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 District and the City or their 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 District and the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the District and/or the City, or that relates to the business of the District and/or the City, or that is used by the District and/or 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 District and/or City). The Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the District and/or 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 District and/or 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 District and/or the City in writing of each such disclosure. In the event that the Professional ceases to perform services for the District and/or the City, or the District and/or the City so requests for any reason, the Professional shall promptly return to the District and 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 District and the City’s remedies at law for a breach of the Professional’s obligations under this Confidentiality Agreement may be inadequate and that the District and the City shall, in the event of any such RFP 8438 Budget Analysis Reporting Tool Software Upgrade Page 29 of 29 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.