Loading...
HomeMy WebLinkAboutRESPONSE - RFP - 7086 ACCELA APPLICATION CONSULTING (2)PROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE 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 RedMark Technologies, 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 any project Work Orders for 7086 Accela Application Consulting, issued by the City. A blank sample of a work order is attached hereto as Exhibit "A", consisting of one (1) page and is incorporated herein by this reference. The City reserves the right to independently bid any project rather than issuing a Work Order to the Professional for the same pursuant to this Agreement. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work Order. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of the essence. Any extensions of any time limit must be agreed upon in writing by the parties hereto. 4. Contract Period. This Agreement shall commence December 1, 2009, and shall continue in full force and effect until November 30, 2010, 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. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. stdwopsa rev 07/09 EXHIBIT B RATE SCHEDULE Business Process Review $90/hour Workflow Configuration $90/hour Module Implementation $90/hour EMSE Scripting $105/hour Report Specification and Development $85/hour Travel Estimate: It is assumed that with the correct system access to the Fort Collins system, most tasks can be performed remotely. In the event that an onsite visit is necessary, a not -to -exceed amount of $1,000 per week per consultant will apply; the assumption being that an onsite visit means there is enough related work to support at least 24-40 hours of on -site activities. Travel and expenses are billed as incurred. Service Provider bills mileage at the current Federal rate (currently $0.55 per mile). All other expenses like airfare, lodging, meals, parking etc. are billed as incurred with actual receipts. Service Provider will make every effort possible to minimize all expenses and will follow guidelines or reasonable suggestions made by the City for expenses. Service Provider's standard estimate for travel expenses for such a trip would normally be the following: $1,365 ($425 airfare + $700 lodging + $240 meals). EXHIBIT C SCOPE OF WORK The following is an inclusive list of the modules and add-ons currently used by the City. The scope of services that are most likely to be requested during the length of the contract include business process review, workflow configuration, module implementation, scripting, and report writing. There could be other, unidentified Accela Automation support and configuration services required. Focused Services ➢ Land Management o Building Permits o Code Enforcement o Planning ➢ Add-Ons o Accela Wireless o Accela Citizen Access o Accela GIS o Accela IVR (Hosted through Accela) ➢ Miscellaneous o Crystal Enterprise Integration o APO Reference Data updated through import Current Environment ➢ We currently deploy Accela Automation 6.7 with separate production and test environments, using both classic and V360 interfaces. The database is Oracle 10g. ➢ Total — 115 across multiple departments throughout the City. Cooperative Purchasing: The City of Fort Collins allows other Public Agencies the opportunity to purchase off the Award for this Bid, at the option of the Awarded Vendor. EXHIBIT D CONTRACT RESPONSE MECHANISM Contract award does not guarantee any minimum amount of dollars or hours for any of the vendors selected. The City is awarding contracts to multiple vendors in order to contract with varying skill sets and/or to gain additional scheduling flexibility. The highest -ranked proposer will serve as the Primary Professional, and the second -highest ranked proposer will serve as the Secondary Professional. As a standard practice, it is the intent of the City that, as the need for Accela Application Consulting arises, the City would contact the two Professionals regarding the specifics of the need. If the Primary Professional is able to meet that need with sufficient qualified resources in the time frame required, the Primary Professional receives the Work Order. If not; if the Secondary Professional is able to meet that need with sufficient qualified resources in the time frame required, the Secondary Professional receives the Work Order. If neither of the Professionals is able to meet the need, other contractors would be contacted. When contacted by the City of Fort Collins Project Manager (either by phone or by e- mail) with a request, Professionals are asked to respond back with the following: • Person available (their resume should already be on file with us) • When they are available Long writeups are not necessary unless specifically requested by the Project Manager. Primary Professional: TruePoint Solutions Secondary Professional: RedMark Technologies oRb® CERTIFICATE OF LIABILITY INSURANCE OP ID LK DATE(MM/DD/YYYY) `,W-- REDMA-1 11 18 0 9 PRODUCER TRIS CERTIFICATE IS ISSUED AS -A -MATTE OF INFORMATIOI� ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Exceptional Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1600 S . Dixie Hwy Suite #109 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Boca Raton FL 33432 Phone: 561-353-0855 Fax:561-353-0856 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: GENERAL STAR INSURER B: AEQUICAP INS CO RedMark Technologies L�,iL,,C INSURER C: 2385 NW Executive Dr iF100 INSURER D: Boca Raton FL 33431 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER P LI Y EFFECTIVE DATE MM/DD/YYYY POLICY EXPIRATION DATE MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 PREMISES(Eaoccur noe) $ 100000 A X X COMMERCIAL GENERAL LIABILITY IMA273128 07/31/09 07/31/10 CLAIMS MADE 7 OCCUR MED EXP (Any one person) $ 5000 PERSONAL & ADV INJURY $ EXCLUDED GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ EXCLUDED R2iPOLICY PLOC JEC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE4 WC07077380 05/15/09 05/15/10 X TORY LIMBS ER E.L. EACH ACCIDENT $ 100000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ 100000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT 1 $ 500000 OTHER Commercial Applica DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CERTIFICATE HOLDER IS ADDITIONAL INSURED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION FORTCOL DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL CITY OF FORT COLLINS IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR COLORADO REPRESENTATIVES. 215 N MASON ST AUr,40ffED REPRESE TIVE IFTORT COLLINS CO 80524 M,.�SX The ACORD name and logo are registered marks of ACORD Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to contract end. 5. Early Termination by City/Notice. 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 address: Professional: RedMark Technologies 2385 NW Executive Center Drive, Suite 100 Boca Raton, FL 33431 Attn: Walter Chavez, President (561) 210-5141 Office (954) 274-8080 Mobile wchavez(cD- red marktech nolog ies. com City: City of Fort Collins Attn: Dan Coldiron, MIS PO Box 580 Fort Collins, CO 80522 (970) 221-6804 dcoldirona-fcgov.com With Copy to: City of Fort Collins Attn: Purchasing Div. 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 performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 6. Design, Project Insurance 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 2 stdwopsa rev 07/09 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 commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of N/A. 7. Compensation. In consideration of services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis designated in Exhibit "B", consisting of one (1) page, attached hereto and incorporated herein by this reference. At the election of the City, each Work Order may contain a maximum fee, which shall be negotiated by the parties hereto for each such Work Order. 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 to the Work Order and upon approval of the Professional's direct 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. 8. 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. 9. Project Drawings. 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. 3 stdwopsa rev 07/09 10. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on any Work Order and every thirty days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Work Order, 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. 12. 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. 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 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 4 stdwopsa rev 07/09 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 parry's reasonable attorney fees and costs incurred because of the default. 16. Bindinq 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. 18. 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. 5 stdwopsa rev 07/09 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 sh'all be liable for actual and consequential damages to the City arising out of Professiorial's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the provision of this Agreement and the City tei 19. Amendment 54. To the extent of State if Professional violates this nates the Agreement for such breach. this Agreement may constitute a "sole source government contract" within the meaning of Section 2(14.4) of Article XXVIII of the constitution of the State of Colorado, about which of said Article XXVIII, which reads as follows, is her made a part hereof: City makes no representation, Section 15 incorporated into this Agreement and 6 stdwopsa rev 07/09 a. Section 15. Because of a presumption of impropriety between contributions to any campaign and sole source government contracts, contract holders shall contractually agree, for the duration of the contract and for two years thereafter, to cease making, causing to be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the contract holder or on behalf of his or her immediate family member and for the benefit of any political party or for the benefit of any candidate for any elected office of the state (of Colorado) or any of its political subdivisions. 20. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "C", consisting of one (1) page, and Exhibit "D", consisting of one (1) page, attached hereto and incorporated herein by this reference. 7 stdwopsa rev 07/09 THE CITY OF FORT COLLINS, COLORADO By: JatheA B. O'Neill II, CPPO, FNIGP Di for of Purchasing & Risk Management Date: Redl By: Title: (—t-� CCA01VI I CORPORATE PRESIDENT OR VICE PRESIDENT Date: 11,/17 ZZ00 9 (Corporate Seal) 8 stdwopsa rev 07/09 EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Acceptance Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of _ U pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. Professional By: Date: City of Fort Collins By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management (over $60,000.00) Date: User stdwopsa rev 07/09