HomeMy WebLinkAbout268457 C3 TECHNOLOGY - CONTRACT - CONTRACT - COMPUTER UPGRADES C3PROFESSIONAL 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 C3 Technology Inc., hereinafter referred to as 'Professional'.
W ITN ESSETH:
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 one (1) page, and incorporated
herein by this reference.
2. The Work Schedule. The services to be performed pursuant to this Agreement shall
be performed three (3) days a week.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated upon signing of this Agreement. Services shall be
completed no later than June 28, 2002. Time is of the essence. Any extensions of the time limit
set forth above must be agreed upon in writing by the parties hereto.
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:
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C 3 Technology Inc.
Dave Herzfeld, President
2519 S. Shields #137
Ft. Collins, CO 80526
(970) 223-2738
City:
City of Fort Collins, Purchasing
P.O. Box 580
Ft. Collins, CO 80522
Attn: Keith I. Ashby
(970)416-2191
With Copy to:
City of Fort Collins, Engineering
P.O. Box 580
Ft. Collins, CO 80522
Attn: Brenda McCoy-Manfredo
(970)221-6528
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 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
attorneys 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 commercial
general liability insurance in the amount of $500,000 combined single limits, and errors and
omissions insurance in the amount of $1,000,000.00.
6. Compensation 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
according to the following schedule:
Hourly billing rates: $85.00
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Reimbursable direct costs: N/A
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed Twenty-nine Thousand Dollars ($29,000.00). 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
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. 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.
9. 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.
10. 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
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responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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
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holding shall not invalidate or render unenforceable any other provision of this Agreement.
THE CITY OF FORT COLLINS, COLORADO
By:
J. me B. O'Neill II, CPPO, FNIGP
Director f P rchasing & Risk Management
DATE: 5-&-�/6 2—_
C3 Technology Inc.
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: S— l 3 -O Z
ATTEST:
amia -- (Corporate Seal)
Corporate S cret Illy
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EXHIBIT A
SCOPE OF WORK
This list is set out in a priority manner: The priority is from top to bottom.
Inventory hardware/software on each machine via Centennial
Plan any upgrades and order/purchase parts
Investigate XP installation problem on Admin. Supv. Computer (Word and jpg)
Build new machine for Dev. Rev. Mgr.
Rotate old machine to Dev. Rev. Intern position — rebuild and add scanner
Build new machine for City Surveyor — C&G, Local install ACAD 2K
Rotate old machine to Surveying to replace old DOS machine — install Win
98. Keep old DOS machine on hand in Surveying.
Build/prepare new machines for deploying ACAD 2K
Marc A., Dean, 3 - SOS
Build new machine for Drafting Techs — stand alone ACAD 2K
Coordinate installation of ACAD 2K on server for deployment.
Deploy ACAD 2K
SOS, Erika, Kyle — deploy other software/hardware when at these
machines
New computers — Marc A, Dean
Rebuild an 'old" computer for use as temp machine for potential rebuilds on front
office staff computers and Lance Newlin before deployment below.
Coordinate deployment of software and hardware upgrades throughout dept.
Office XP
GW 6
SP 6
IE 6
Ensure computers on domain — copy Favorites
Any network print devices
McAfee
Memory
Deploy another other needed software — Are View
Rebuild any machines for rotation to others (Inspection)
Take another inventory and document.
Miscellaneous —