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HomeMy WebLinkAbout490870 STATERA INC - CONTRACT - RFP - 7250 MICROSOFT EXCHANGE TRANSITIONPROFESSIONAL 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 Statera, Inc, 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 eleven (11) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect until June 30, 2012, unless sooner terminated as herein provided. Time is of the essence. 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: Professional: City: With Copy to: Statera, Inc City of Fort Collins City of Fort Collins , Purchasing 6501 E Belleview Ave Attn: Jamie Heckman, MIS PO Box 580 Suite 300 PO Box 580 Fort Collins, CO 80522 Englewood, CO 80111 Fort Collins, CO 80522 Attn: Troy Love troy. lovestatera.com 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 Services Agreement 750 Microsoft Exchange Transition Page 1 of 21 Exchange 2010 Server environment • Design of the Exchange 2010 Server Roles and Configuration. Required roles are Mailbox Server, Client Access, and Hub Transport. Optional roles are Edge Transport and Unified Messaging. The optional roles can be implemented at a later time. • Design of client access technology, configuration, certificates, and protocols (Outlook 2003/2010, Outlook Web Access, Outlook Anywhere, ActiveSync, POP3, and IMAP) • Design of mail routing architecture (Mailbox, Hub Transport, Client Access, and Edge server roles) • Define Naming Standards for Exchange objects (Organization, Distribution Lists (DL), Contacts, Resources, etc.) • Define high -availability architecture utilizing Exchange 2010 Database Availability Groups (DAG) • Design the hardware architecture to support the enterprise wide Exchange migration • Confirm detailed server sizing and configurations • Design data storage configurations and strategy • Mail store/storage group design • Public Folder design (as appropriate) • Define the appropriate backup and recovery architecture • Define deleted item and deleted mailbox retention policies • Security infrastructure design (e.g. SSL certificates for OWA, Outlook Anywhere (RPC/HTTPS) mobile devices, etc.) • Design the migration infrastructure and coexistence strategy • Identify all necessary hardware and software requirements Step 2 - Production Environment Build and Test Based on the detailed design, Professional will work with City technical personnel to build the production Exchange 2010 environment. Task in this phase include: • Implementation of Domain Controllers (if required) and configuration of AD to accommodate Exchange 2010 • Implementation and Configuration of production Microsoft Exchange 2010 servers in accordance with build standards • Configuration of Mailbox, Hub Transport, and Client Access. • Configuration of remote client access (Outlook Web Access, Exchange Active Sync, Outlook Anywhere) • Configuration of disk storage • Installation of the Exchange 2010 administration tools and prerequisites • Configuration of all Exchange Databases Professional Services Agreement 750 Microsoft Exchange Transition Page 10 of 21 • Installation of digital certificates as appropriate • Backup jobs to be created and tested. • Configuration of Exchange to leveraged Anti -Spam tools • Test backup and recovery to ensure proper Exchange backups and ability to recover lost data. • Implement and test remote access (OWA), Outlook Anywhere (RPC/HTTPs), ActiveSync and Blackberry devices • Perform design validation with Exchange Best Practice Analyzer • Verify disaster recovery strategies and high -availability configurations • Perform Blackberry Enterprise Server migration • Execute migration test plans, (from the migration planning step) and revise accordingly • Calendaring • Perform appropriate SMTP routing configuration changes to allow Exchange 2010 and 2007 coexistence for the duration of the migration Professional will work with the current hosting vendor to determine a plan for email delivery and cutover. Professional cannot determine the necessary requirements for messaging cutover based on the information provided in the RFP. This phase presents an excellent opportunity for the education of City's IT personnel on the installation and configuration of the components involved in the new messaging environment. During this phase, City IT personnel will have the opportunity to work side -by -side with experienced Professional's consultant(s) and gain relevant knowledge for the successful implementation of the solution. Step 3 - Pilot Migration After the production environment has been built and migrations tested, the team will have a better understanding of what challenges exist and a modified migration plan to avoid them. In order to further reduce the possibility of problems during the full migration, a limited pilot migration will be performed on a select set of users. A sampling of user types will be used to ensure all types of users are piloted and verified full functionality exists. In this step, the migration of a pilot group of users is performed using the documented migration plan and any required adjustments to migration plan/procedure documentation will be made. All components of the new environment will be tested for the pilot users. The activities in this step will include: • Migration of Exchange 2007 mailboxes to the Exchange 2010 server Professional Services Agreement 750 Microsoft Exchange Transition Page 11 of 21 • Test Blackberry Service and devices • Test Outlook Anywhere (RPC over HTTPS) • Test Outlook availability service • Update Outlook Client Configuration and Verification Professional does not anticipate or propose using any third party migration tools for this project. Professional will utilize the built-in migration tools provided with Exchange 2010. Step 4 — Exchange 2010 Mailbox Migration During this phase, the user's mailboxes will be migrated using the migration plan and procedures that were proven with the pilot implementation group. Step 5 — Migration and Product Architecture Support In this final phase, a final review will be performed to ensure that Microsoft Infrastructure systems are optimized for their full load of users. Professional will also ensure that the Exchange servers are configured to operate for each of their respective roles. Professional will also prepare all relevant documentation regarding the Exchange 2010 environment and work with City IT personnel to transfer critical knowledge required to manage and maintain the new environment. In addition Professional will provide a full knowledge transfer as well as provide post -migration support for any migration related issues for the following 6 months from project completion. During that time Professional will make best effort to answer any adhoc product questions and inquiries as they are related to the miaration and the initial architecture as desicned by Professional. Anticipated schedule for completing Please See GANT Chart (below) consultant tasks. Provide a list and description of Deliverables expected deliverables, tools, or other The following written deliverables will be created as part of this items that you will use to provide engagement: services and outcomes of your approach. Microsoft Infrastructure Assessment Report - This report will summarize the findings of the Microsoft infrastructure review. • Topology of current infrastructure • Review of Domain Controllers, DNS, and WINS servers for proper configuration and stability • Recommendation of any modifications/changes (Remediation Plan) to the existing infrastructure including: Network Optimization, Time Services and Name Professional Services Agreement 750 Microsoft Exchange Transition Page 12 of 21 prior to Exchange 2010 implementation Architecture and Design Documentation This documentation presents the best practice based design recommendation for implementation at City. Exchange 2010 configuration and topology • High Availability features • Disaster Recovery options • Mail store database design • Mail routing architecture • Server specifications • Journaling requirements • Storage specifications • Security infrastructure design • Backup and recovery architecture • Detailed listing of hardware and software required for the migration Migration Plan Documentation User Mailbox Migration Documentation - This procedural documentation will provide the detailed steps needed for the migration of user's mailboxes from the Exchange 2007 organization to the new Exchange 2010 organization. Communication Plan — This will include end user notification of required pre and post migration tasks, communication of the timing of migration, any changes to expect, and the process to follow when questions arise or anything unexpected occurs. Project Management, Documentation and Communication Professional recommends that all projects at a minimum should consider the following documents and reports when delivering on a specific project. All documents and financial reporting will be discussed at a minimum of once a week and provided in writing at a minimum of once a week. enable standardized project management via common templates throughout the project lifecycle A coordinated start is facilitated with: • Project Charter • Documentation Standards Professional Services Agreement 750 Microsoft Exchange Transition Page 13 of 21 • Deliverable Storage/Collaboration Plan • Communication Plan • Work Breakdown Structure (WBS) • Project Organization Chart or Resource Breakdown Structure (RBS) • Baselined Project Plan • Risk Mitigation Action Plan • Issues Management Plan • Scope Management/Change Control Plan The Execute, Control, Close Phases enable proactive decision making and establish a library for shared learning on the current as well as future projects. Continuous improvement is facilitated with: • Status Reports • Key Project Metrics (e.g. productivity and/or availability variances, earned value, etc.) • Project Plan Updated with Actual and Remaining Efforts • Project Financials • Risk Inventory and Mitigation Activities • Issues Log • Scope Management/Change Control Inventory • Lessons Learned Professional Services Agreement 750 Microsoft Exchange Transition Page 14 of 21 S'cheKPe of Rates and Cost by Trask: • Professional will bill based on actual hours worked with our estimates provided in the table to the right. The ongoing support effort is an estimate of the number of hours that will be needed. • Professional will additionally bill for our mileage at 48.5 cents per mile from the Professional's office to the City of Fort Collins work location for our consultants working onsite. Roles Rate Engagement Manager $190/hour Exchange Architect $175/hour Migration Consultant $135/hour Design Phase Role Hours Cost Engagement Manager 8 $1,520 Exchange Architect 60 $10,500 Total 68 $12,020 Build Phase Role Hours Cost Professional Services Agreement 750 Microsoft Exchange Transition Page 15 of 21 Engagement Manager 8 $1,520 Exchange Architect 120 $21,000 Total 128 $22,520 Pilot/Testing Phase Role Hours Cost Engagement Manager 8 $1,520 Exchange Architect 32 $5,600 Migration Consultant 40 $5,400 Total 80 $12,520 Migration Phase Role Hours Cost Engagement Manager 12 $2,280 Exchange Architect 24 $4,200 Migration Consultant 80 $10,800 Total 116 $17,280 Post Migration Support Role Hours Cost Engagement Manager 8 $1,520 Exchange Architect 80 $15,200 Total 88 $16,720 Totals Role Hours Cost Engagement Manager 44 $8,360 Exchange Architect 316 $55,300 Migration Consultant 120 $16,200 Totals 480 $79,860 Professional will additionally bill for our mileage at 48.5 cents per mile from the Professional's office to the City of Fort Collins work location for our consultants working onsite. Professional Services Agreement 750 Microsoft Exchange Transition Page 16 of 21 Assumptions & Dependencies The following assumptions were made in developing Professional's approach and staffing. Should any of these assumptions change, the timeline and activities listed above as well as the level of effort and fees that are required for the overall project may need to be revisited. • City of Fort Collins will be responsible for overall project direction and control, making final decisions about scope, approach, risk mitigation and issue resolution. Changes to the project plan and scope will be made via a formal change process, requiring approval in writing by City of Fort Collins and Professional. Professional's proposal is for a Time and Materials engagement and we have done our best to estimate the amount of time it will take to accomplish the goals set forth in this document. This said, because of the nature of T&M projects, adjustments to the scope and/or schedule can occur. For this reason, Professional's scope and deliverables as outlined in this section can be adjusted to better meet the goals by either adding or removing deliverables, departments being interviewed and overall details included in the deliverables. • Any named resources provided for in this Statement of Work are subject to availability. In the event that a named resource is not available to perform services, Professional, subject to client approval, will provide a resource with equivalent skills. • Workspace, including desks/tables, telephone, and network access for the Professional's team will be provided by City of Fort Collins. • If the assumptions used to develop the SOW are found to be incorrect, the parties agree to meet and negotiate, in good faith, equitable changes to the SOW, Service Levels and/or Fee Schedule, as appropriate. • The prices for the Services are based on the information that has been provided to Professional by City of Fort Collins at the time of execution of this SOW. If the actual information or requirements change by more than +/- five (5%) percent, Professional will adjust the pricing to reflect these changes. • This SOW assumes that the Services are delivered in a contiguous (weeks or days) schedule. • Professional is not responsible for project or Service delivery delays caused by City of Fort Collins facility or personnel challenges. • City of Fort Collins will always reserve the right to make adjustments to the scope, deliverables, and/or schedule as City of Fort Collins sees fit. Changes to the project plan and scope provided will likely result in fee adjustments and, therefore, will be made via a formal change process, requiring approval in writing by City of Fort Collins and Professional. • All necessary hardware and software will be provided by the client and should be onsite before Professional's consultant arrives. • Professional is not responsible for delays incurred due to undelivered, incorrectly specified, or faulty equipment. Professional Services Agreement 750 Microsoft Exchange Transition Page 17 of 21 • All data network communications is adequate and related facilities are operational. All network configuration information such as IP addresses, DNS and others will be provided by the City. • Administrator -level access to servers being used for work to be performed will be provided by the City. Professional is not responsible for resolving compatibility or other issues that cannot be resolved by the manufacturer or for configuring hardware or software in contradiction to the settings supported by the manufacturer. • Professional resources will bill for each hour worked and will average eight (8) hours per day. • The City of Fort Collins Project Manager and/or Sponsor will review project status reports, provide weekly project timesheet approvals and assist with issue resolution in a timely manner. This resource will be available at project commencement and through project completion. • Project status will be reported to City of Fort Collins on a weekly basis and will consist of progress for the previous period, plans for the next period, open issues and risks, updated project budget, and updated schedules. • Timesheets will be reported to City of Fort Collins for each resource provided for in this Statement of Work on a weekly basis. • All City of Fort Collins personnel required for this effort will be accessible in a reasonable amount of time. • At the end of this project, the Professional's Engagement manager, City of Fort Collins Project Sponsor, and other appropriate stakeholders will hold a project closure meeting to sign off that all project deliverables has been completed. Without formal project closure, this Statement of Work will remain open and Professional's resources are authorized to continue billing to finish remaining work as identified by City of Fort Collins, overriding any end dates or estimates provided for in this Statement of Work. • Ongoing support and maintenance of this solution will be covered under a separate Managed Solutions Agreement and associated Statement of Work or will be the sole responsibility of City of Fort Collins. Professional is not responsible for any defects, modifications, enhancements or other activities under this Statement of Work after its official closure. Professional Services Agreement 750 Microsoft Exchange Transition Page 18 of 21 Responsibilities The following table outlines the responsibilities of Professional and City for this engagement: Project Phase Design Phase Professional X City Build Phase X Pilot/Test Phase X X Migration Phase X X Post Migration Support Phase X X City of Fort Collins may terminate the Statement of Work by providing written notice to Professional no less than 10 business days prior to termination date. Status Communication The Professional's Engagement Manager will report status to City of Fort Collins on a weekly basis. This will consist of progress for the previous period, plans for the next period, open issues and risks, resource timesheets, updated consulting budget, and updated schedules. The City of Fort Collins Sponsor will review project status reports, provide weekly project timesheet approvals, and assist with issue resolution in a timely manner. Change Control City of Fort Collins will be responsible for making final decisions about scope, approach, risk mitigation and issue resolution. All changes to resources, timelines, responsibilities, or scope will be made via a formal change process, requiring approval in writing by City of Fort Collins and the Professional's Engagement Manager. Professional Services Agreement The work described in this Statement of Work will be done under the general terms and conditions outlined in the Professional Services Agreement signed between City of Fort Collins and Professional. Exceptions to the Professional Services Agreement are noted in this Statement of Work. Invoicing .. PO Box 580 City of Fort Collins Fort Collins, CO 80522 Accounts Payable Dawn Henderson Invoices are due upon receipt. (970)416-2435 Professional Services Agreement 750 Microsoft Exchange Transition Page 19 of 21 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 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 $NA according to the Insurance Requirements attached hereto as Exhibit "B ", consisting of one (1) page. 5. 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: See Schedule of Rates, Exhibit A Scope of Work Professional will additionally bill for mileage at 48.5 cents per mile from the Professional's office to the City of Fort Collins work location for consultants working onsite. The maximum compensation (for both Professional's time and reimbursable direct costs) is not to exceed Eighty Thousand Dollars ($80,000). 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 Professional Services Agreement 750 Microsoft Exchange Transition Page 2 of 21 EXHIBIT B 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 be cancelled or materially altered, except after ten (10) 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: 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 $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Professional Services Agreement 750 Microsoft Exchange Transition Page 20 of 21 EXHIBIT C CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Professional hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Professional has agreed to perform, the Professional hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Professional agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Professional shall not disclose any such information to any person not having a legitimate need -to - know for purposes authorized by the City. Further, the Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Professional understands that it shall have no obligation underthis Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Professional shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Professional ceases to perform services forthe City, or the Cityso requests for any reason, the Professional shall promptly return to the City any and all information described hereinabove, including all copies, notes and/orsummaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Professional understands and agrees that the City's remedies at law for a breach of the Professional's obligations under this Confidentiality Agreement maybe inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. Professional Services Agreement 750 Microsoft Exchange Transition Page 21 of 21 A� o® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDm ) vu2012 8i8n011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER LOCIdon Companies, LLC Denver ONTACT CNAME PHONE FAX INC, No. Exo uc No: 9110 E. Union Avenue Suite 700 Denver 80237 EMAIL ADDRESS: (303) 414-6000 INSURERS AFFORDING COVERAGE NAIC R INSURER A: Travelers Property Casualty Cc of America 25674 INSURED Statera, Inc. 1314554 6501 East Belleview Avenue, Suite 300 INSURER B: Travelers Casualty and Surety Corinnany 19038 INSURER C INSURER D Englewood CO 801 1 1 INSURER E INSURER F : COVERAGES STAIN02 DC CERTIFICATE NUMBER: 11375966 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD SUER POUCY NUMBER POLICY EFF NIMIDDIVYN1 POLICY EXP MWDDoNYY LIMIT A GENERAL LIABILITY Y N TT09406514 6/1/2011 6/1/2012 DAMAGE TO RENTED PREMISES (Ea o¢unanoe) $ 500 000 X MMERCWL GENERWBILITY MED EXP (Any one parsom CLAIMS -MADE OCCUR PERSONAL E ADV INJURY E 1,000,000 GENERAL AGGREGATE $ 1,000-00 GEN'L AGGREGATELIMIT APPLIES PER: PRODUCTS - COMPIOP AGO S 2-000-000 $ POLICY jE 0. LOG A AUTOMOBILE LIABILITY N N BA1490R012 6/1/2011 6/1/2012 GUM cdaem (Ea a)WNULL LIMIT s X BODILY INJURY (Per Person) s XXXXXXX ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS SWNED BODILY INJURY Per accident) E XXXXXXX PROPERTY DAMAGE (on, dn6d.du $ XXXXXXX NON-0 HIRED AUTOS AUTOS SXXXXXXX A X UMBRELLA LIAB X OCCUR N N TT06304857 6/1/2011 6/1/2012 EACH OCCURRENCE E 5 000 000 AGGREGATE E EXCESS LMB CLAIMS-MAOE DIED RETENTION$ 1 1$ XXXXXXX B WORKERS COMPENSATION YIN AND EMPLOYERS' LIABILITY N HACRUB9083CI29 I/I/2011 I/I/2012 X TORV LIMIT ER E.L. EACH ACCIDENT E ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERAIEMBER EXCLUDED? N NIA E.L. DISEASE - EA EMPLOYE E 1 000000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT E A Tech E&O N N TT09406514 6/1/2011 6/l/2012 Occ/Agg:$5.000.000 Claims Made DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLE$ (Attach ACORD 101. Additional Remarks Schedule, if more apace is required) City of Fort Collins is included as Additional Insured as respects General Liability as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11375966 AUTHORIZED REPRESENTATNE City of Fort Collins 215 North Mason P.O. Box 580 Fort Collins, CO 80522 ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD o 1 88-2010 ACORD CORPURATION. All rights reserved 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. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 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 hereunderfor 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 responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. Professional Services Agreement 750 Microsoft Exchange Transition Page 3 of 21 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 often (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 holding shall not invalidate or render unenforceable any other provision of this Agreement. 16. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: Professional Services Agreement 750 Microsoft Exchange Transition Page 4 of 21 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 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. If Professional violates any provision of this Agreement pertaining to the duties Professional Services Agreement 750 Microsoft Exchange Transition Page 5 of 21 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. 17. 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, attached hereto and incorporated herein by this reference. Professional Services Agreement 750 Microsoft Exchange Transition Page 6 of 21 THE CITY OF FORT COLLINS, COLORADO By. Ja es B. O'Neill II, CPPO, FNIGP Directo Purchasing & Risk Management DATE: �l/ I0l1, moo. T C City Clerk, Attorney Statera, Inc By: Title:It— CORPORATE PRESIDENT OR VICE PRESIDENT Date:/�2 !/ ATTEST: (Corporate Seal) Corporate Secretary Professional Services Agreement 750 Microsoft Exchange Transition Page 7 of 21 EXHIBIT A SCOPE OF SERVICES The City of Fort Collins (City) is seeking a qualified Microsoft Partner to design and configure a Microsoft Exchange 2010 solution, and migrate from a hosted Exchange 2007 to an onsite Exchange 2010 environment. The City currently has a hosted Exchange 2007 environment with 2003 MAPI clients, hosted Blackberry Enterprise Server, Outlook Web Access, Ironmail for Spam management, and a private network between the host and City. The current environment consists of about 1,600 mailboxes, 1,800 desktop/laptops, 150 resources, 180 distribution groups, 30 mail contacts, and 450 Blackberry devices. The City's future Exchange environment will be an onsite implementation and will consist of Exchange 2010 on a Windows 2008 R2 platform, Outlook Web Access, and an Ironport appliance for Spam management. The City will continue to run Outlook 2003 as the client on their desktops and laptops, with a future planned upgrade to Outlook 2010 within 6 months following this project. The City's stated goals for this project include the following: • Stable, robust, reliable Exchange 2010 architecture • High availability and redundancy • Continuity of operations • Migration of the hosted MS Exchange environment to an in-house environment • Uninterrupted mail flow with zero data loss during the transition and after go -live • The implementation will be a stable, secure, reliable, highly available and rapidly recoverable Microsoft Exchange/Outlook and mobile device environment; 24-hours a day, 7-days a week • Trained and fully -functional in-house support staff Project Scope This project will include the following services: • Exchange 2010 Architecture Design, Implementation, Testing and Troubleshooting • Data Center Redundancy • MAPI Client and Firewall Configurations • Application Program Integrations • Migrate existing Exchange 2007 hosted environment to an onsite Exchange 2010 environment, including but not limited to: • Mailboxes • Calendars & Resources • Contacts, Distribution Lists & Owners • Policies (retention schedules, mailbox & attachments size limits, forwarding rules, etc.) • Mobile Device Migration and Configuration • Blackberry Enterprise Server Configuration, Implementation and Migration • Outlook Web Access Configuration • Anti -virus and Anti-spam Management (existing Ironport appliance) Professional Services Agreement 750 Microsoft Exchange Transition Page 8 of 21 • Update Outlook Client Configuration and Verification • Knowledge Transfer to City • Post -Migration Support • Ad -hoc Questions and Inquiries Project Approach and Deliverables 17250 Microsoft Exchange Transition I Description: Expected or recommended approach and tasks, including a clear and detailed description of your proposed "cutover strategy" and anticipated interaction with the City. Step 1 - Requirements Gathering and Detailed Design This first step will include a quick current state review and assessment against industry best practice design and, if required, a set of recommendations will be documented. This assessment will ensure that the proper foundation is in place at City in order to successfully deploy an Exchange 2010 environment into the current Active Directory and infrastructure environment. Professional will work with City to gather relevant business, functional, and technical requirements that will drive Exchange 2010 design decisions. Requirements will be defined for the following areas: • Content Migration • Scalability/Performance • Availability/Fault Tolerance • Administration and Manageability • Email Policies • Archival/Journaling • Backup and Recovery • Client Access • Security Access • Storage Requirements • Mail routing • MAPI Client and Firewall Configurations • Application Program Integrations • Mobile Device Migration and Configuration • Blackberry Enterprise Server Configuration, Implementation and Migration • Anti -virus and Anti-spam Management The detailed design will address the requirements and outline the recommended Active Directory changes (if required), Exchange 2010 messaging architecture, and specific hardware and software configurations required for the new enterprise messaging solution. Professional will leverage their past experience and design templates to assist with the design process. The following items are addressed during the detailed design step: • Identification of any design modification of Active Directory to prepare for Exchange 2010 features and functionality of the Professional Services Agreement 750 Microsoft Exchange Transition Page 9 of 21