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HomeMy WebLinkAbout174826 ALPHA CORP ALPHA NUMERIC SOLUTIONS - CONTRACT - RFP - P734 ELECTRONIC DOCUMENT MANAGEMENT SYSTEMSPROFESSIONAL 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 ALPHA NUMBERIC SOLUTIONS, 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 three (3) pages, and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ten (10) days following execution of this Agreement. Services shall be completed no later than 120 days from the effective date of this agreement. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 3. 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: PSA 10/97 1 Professional: Copy: With Copy to: David Reeder Brenda McCoy-Manfredo James B. O'Neill II, CPPO Alpha Numeric Solutions Engineering Dept. Director of Purchasing and 3759 West 2340 South City of Fort Collins Risk Management Salt Lake City, LIT 84120 P. O. Box 580 City of Fort Collins Fort Collins, CO 80525 P O Box 580 Fort Collins, CO 80525 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. 4. 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 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. 5. Compensation. 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 Fifty -seven - thousand, Nine -hundred, Twenty-seven dollars ($57,927). All such fees and costs shall not exceed Fifty -seven -thousand, Nine -hundred, Twenty-seven dollars ($57,927). 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 PSA 10/97 2 Professional's actual reimbursable expenses. 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. 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. 7. 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 quality, prepared on stable mylar base material using a non -fading process to prove for long storage and high quality reproduction. 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 PSA 10/97 3 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. 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. PSA 10/97 4 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 holding shall not invalidate or render unenforceable any other provision of this Agreement. 16. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "B", consisting of one (1) pages, attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By: � '+,. 4 • jjG i! John IF. Fischbach City Manager Jallnes B. O'Neill II, CPPO Dire for f Purchasing & Risk Management DATE: 2-1/V 2O02 AS TO FORM: Assistant City Attorney ALPHA NUMERIC SOLUTIONS By: iq Ti COI PORATE PRESIDENT OR VICE PRESIDENT Date: ATTEST Corporate Secrcr etary PSA 10/97 5 EXHIBIT B YEAR 2000 COMPLIANCE CERTIFICATION AND INDEMNITY Section . Contractor hereby certifies that all information resources or systems to be provided or used in connection with the performance of this Agreement are "Year 2000 Compliant", except as otherwise expressly described in Section 2, below. "Year 2000 Compliant" shall mean that information resources meet the following criteria: a. Data structures (e.g., databases, data files) provide 4-digit date century recognition. For example, "1996" provides date century recognition; "96" does not. b. Stored data contains date century recognition, including (but not limited to) data stored in databases and hardware/device internal system dates. C. Calculations and programs logic accommodate both same century and multi - century formulas and date values. Calculations and logic include (but are not limited to) sort algorithms, calendar generation, event recognition, and all processing actions that use or produce date values. d. Interfaces (to and from other systems or organizations) prevent non -compliant dates and data from entering any state system. e. User interfaces (i.e., screens; reports; etc.) accurately show 4 digit years. f. Year 2000 is correctly treated as a leap year within all calculation and calendar logic. Section 2. Contractor agrees to notify the City immediately of any information resources or systems that are not Year 2000 Compliant upon encountering the same in connection with the performance of the Agreement, including without limitation any information resources or systems in use by Contractor in the performance of the Agreement or information resources or systems of the City regarding which Contractor obtains information in the course of its performance of the Agreement. Section 3. Contractor agrees to permit examination, by the City or agents thereof, of any and all information resources and systems in use in connection with this Agreement, and related Year 2000 Compliance implementation plans, in order to evaluate Year 2000 Compliance and potential implications of the same for the City and for performance of the Agreement. Section 4. The Contractor shall indemnify and hold harmless the City, and its officers, agents and employees, from and against all claims, damages, losses, and expenses, including attorneys fees, arising out of or resulting from the Contractor's information resources or systems that are not Year 2000 Compliant. Exhibit A Scope of Service I. General requirements: The City of Fort Collins Engineering Department requests the product and services provided by Alpha Numeric Solutions (ANS) to implement a large scale document management system. The project entails the conversion of over 10,000 engineering size hardcopy documents into an electronic format for the purpose of archival, retrieval, and workflow. The system is required to have: • Central administrative and security functions • 32 bit architecture with a common backend • Uses Oracle as a database • Run on an NT operating system • Have both Internet and Intranet capabilities ANS will provide the initial setup/installation of the various software components to run the Altris software on various hardware components provided by the city. The software includes: Altris server software, Altris consumer and creator and EB capture software, Web Track Internet Module, Oracle data base, scanning software, and the optical jukebox management software. Alpha Numeric Solutions agrees to support all claims made in the RFP response dated November 5. 1999. II. Products/Services provided by Alpha Numeric Solutions Software: Alpha Numeric Solutions will provide the following software: Altris EB Server Software — 20 licenses @$550.00 = $11,000 Web Track Internet Module $ 9,995 Alris Consumer Client License — 13 @ $49 $ 637 Alris Creator Client License — 7 @ $190 $ 1,330 EB Capture, Batch Scan Software —1 @ $2,995 $ 2,995 Batch Scan Index Workstation 5 1 895 $ 9,475 Altris Optical Management software 3,995 (Manages up to 32 — 5.2 GB platters) Total Software Costs $39,427 Services/Trai ni natTravel: Alpha Numeric Solutions will provide the following services on -site at The City of Fort Collins Engineering Department for $13,500.00: • 24 hours consultation for system design and setup • 48 hours installation & integration, including setup of server, installing software, setting up index criteria for documents, network integration, & storage setup • 16 hours testing, loading and scanning documents • 24 hours Administrator training — 16 hours installation and 8 hrs for documentation and support systems • 24 hours End User training — Six 4 hour sessions for 6-8 users per session Expenses (not to exceed $5,000) • 16 days per diem for lodging, car, and meals • Roundtrip airfare for 4 Total services/training and travel $18,500 Total project price $57,927 Payable as follows: Upon contract signing: $19,713.50 Upon successful installation of software: $19,713.50 Upon final acceptance of the system: $18,500.00 Alpha Numeric to invoice after each step is completed. Final Acceptance: Final Acceptance is defined as 30 days of error free system operation, after successful installation, or mutual agreement that the system operates to the complete satisfaction of the customer. III. Maintenance Agreement Software Maintenance Agreement: Alpha Numeric Solutions will provide an annual Software Maintenance Agreement that includes: • New major version software releases and enhancement releases • Unlimited telephone and email technical support 2 The City of Fort Collins may renew annual maintenance, but will not pay more then a 5% increase per year and understands that the Software Maintenance Agreement is calculated at 15% of the software costs. Alpha Numeric Solutions will not provide any hardware maintenance support. Software Maintenance Agreement based on the above software cost will be $5,914.05 and will go into effect 90 days after successful installation. IV. Timeline/Schedule/Final Acceptance Timeline/Schedule: Alpha Numeric Solutions and the City have agreed to the following schedule: • Installation — March 6 — March 10, 2000 • Testing, finish installation, 1 end user training session — March 20 — 23, 2000 • Tentative second end user training session — April 10, 2000 • Final Acceptance — June 10, 2000 M