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HomeMy WebLinkAbout492140 NEUDESIC LLC - CONTRACT - RFP - 7253 SHARE POINT CONSULTINGDocuSign Envelope ID: 3E89865A-2F83-4EDE-B658-A86EOF35139F 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 Neudesic, LLC, 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 7253 SharePoint 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 ratherthan 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 September 1, 2011, and shall continue in full force and effect until August 31, 2012, 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 Professional Services Agreement 7253 SharePoint Consulting Page 1 of 12 DocuSign Envelope ID: 3E89865A-2F83-4EDE-B658-A86EOF35139F EXHIBIT C SCOPE OF WORK The City of Fort Collins (City) is in need of a SharePoint Foundation 2010 arch itect/developer who can assess the current hosted SharePoint WSS environment and recommend a future SharePoint Foundation 2010 infrastructure and design that will meet the City's needs and resources. In this context "resources" should be assumed as both human and financial. This work is to be completed as soon as possible and, depending on need, can be conducted on -site or remotely. The following list is intended to define the scope of the services that are most likely to be requested during the length of the contract. There could be other, unidentified SharePoint Foundation 2010 services required. Required Services/Deliverables: ➢ Establish City of Fort Collins SharePoint Foundation 2010 deployment plan o Provide technical. leadership and subject matter expertise in establishing SharePoint Foundation 2010 in a scalable environment. o Configure SharePoint Foundation 2010 to reflect City of Fort Collins mission and objectives Migration of current site o Structure of all sites complete with content, users, groups, permissions and credentials ➢ Execute SharePoint Foundation 2010 Deployment, Implementation, Configuration and Deployment o Design, install, set-up, configure and document SharePoint Foundation 2010 Infrastructure o Install required servers, design and configure farms and topology, identify current risks and system shortcomings and develop required solutions and potential recommendations. o Configure Central Administration and Security for use by City employees and external users. o Design and implement backup and recovery strategy o Monitor and troubleshoot installation and upgrade o Configure authentication utilizing the CFC Active Directory o Provide detailed documentation of installation and configuration o Establish an integration framework using SharePoint Foundation 2010 for integration with existing City of Fort Collins IT investments as well as internal and external data sources. o Execute testing and validation of SharePoint Foundation 2010 deployment and resolution of all identified issues prior to launch Support o When requested, the SharePoint implementation partner will review current development, provide advice and perform maintenance and troubleshooting tasks. This work may take the form of a mixture of on -site and remote duties. o Provide ongoing best practice reviews and recommendations upon CFC request Professional Services Agreement 7253 SharePoint Consulting Page 10 of 12 DocuSign Envelope ID: 3E89865A-2F83-4EDE-B658-A86EOF35139F Users Total — 200 (Internal and External). High estimate of 400 is possible within three years. ➢ Concurrent-20. 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(s). Other public agencies that are members of the Colorado Multiple Assembly of Procurement Officials (MAPO) cooperative purchasing group that are SharePoint 2010 users may contact the awarded vendors with a desire to piggyback on the resulting contracts as a cooperative user. Professional Services Agreement 7253 SharePoint Consulting Page 11 of 12 DocuSign Envelope ID: 3E89865A-2F83-4EDE-B658-A86EOF35139F 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 Contractor, the second -highest ranked proposer will serve as the Secondary Contractor. As a standard practice, it is the intent of the City that, as the need for SharePoint Consulting arises, the City would contact the two contractors regarding the specifics of the need. If the Primary Contractor is able to meet that need with sufficient qualified resources in the time frame required, the Primary Contractor receives the Work Order. If not; if the Secondary Contractor is able to meet that need with sufficient qualified resources in the time frame required, the Secondary Contractor receives the Work Order. If neither of the contractors are 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, Contractors are asked to respond back with the following: • Person available (their resume should already be on file with us) • When they are available Long write-ups are not necessary unless specifically requested by the Project Manager. Primary Contractor: Technetronic Solutions, Inc Secondary Contractor: Neudesic, LLC Professional Services Agreement 7253 SharePoint Consulting Page 12 of 12 '�`� �® CERTIFICATE OF LIABILITY INSURANCE Diai /2011" 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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 endorsement(s). PRODUCER Matthew Kelly MAC Matt Kelly FRONE (qw z t-52m ADDRESS: matt-kelly.bgaxAstatefarm.com 17870 Skypark Circle, Suite 101 o Irvine, CA 92614 INSUREANSI AFFORDING COVERAGE MAIC• INSURER A: State Fame General Insurance Company 2511 INSURED Neudesic, I-I-C INSURER B: State Farm Mutual Automobile Insurance Company2517a INSURERC: 8105 Irvine Center Drive, Suite 1200 INSURER O: Irvine, CA 92618-4907 INSURERE: INSURER r : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 LTRPOUCYNUMBER TYPE OF INSURANCE OLS POLICY EF IMMIDDIVYIM POLICY EXP MM)oD1YYYY1 LUmS A GENERAL LUIBILRY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X Advertising lnjuly 92-7(8.9631.2 09/1$/2011 09/15/2812 EACH OCCURRENCE E 5,000.000 PREMISES (Ed omarenm S MED EXP(My om Peam) $ PERSONAL S AOV INJURY $ SWO'000 X I Products Completed GENERAL AGGREGATE $ 10,000,000 GENL AGGREGATE UMIT APPLIES PER: POLICY PRO- LOC PRCOUCTS- COMPX)P AGO S 5,000.000 $ B AuroNoeILE LAeILm ANY AUTO X X AUTOS EO AUTO �D X HIRED AUTOS AL TSWNED J El F 2459368-DIO-75 10/1012011 I 10110/2012 EsED IectlNtleni w L LIMIT S 1,000,000 BODILY INJURY (Pe perm) $ BODILY INJURY(Peacddm)NON� s OAMAG E S UMBRELLA LAB EXCESS LA9 OCCUR co.mRs-MADE EACH OCCURRENCE S AGGREGATE S OED RETENTIONS $ WORKERSCOMPENSATION AND EMPLOYERS LABILITY Y I N ANY PROPRIETORNARTNER,EXECUTNE OFFICE EMBER EXCLUDED? INA ft ryMIH) DESCRIPTION OFQ N I A 'AC STATU- OTH. EL EACH ACCIDENT S EL DISEASE - EA EMPLOYE $ EL DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, AddManal Rne SC, Wq If Vam 4rt ulrt ) City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1001486 132849.6 11-15-2010 DocuSign Envelope ID: 3E89865A-2F83-4EDE-B658-A86EOF35139F used as a guide. 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: City: With Copy to: Neudesic, LLC City of Fort Collins City of Fort Collins Attn: Rick Sekersky, Senior Attn: Steve Bonham, MIS Attn: Purchasing Account Manager PO Box 580 PO Box 580 4582 S Ulster Street, Suite 402 Fort Collins, CO 80522 Fort Collins, CO 80522 Denver, CO 80237 Rick, sekersk neudesic.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'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 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 Professional Services Agreement 7253 SharePoint Consulting Page 2 of 12 DocuSign Envelope ID: 3E89865A-2F83-4EDE-B658-A86EOF35139F maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of NA. 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. 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 Professional Services Agreement 7253 SharePoint Consulting Page 3 of 12 DocuSign Envelope ID: 3E89865A-2F83-4EDE-B658-A86EOF35139F 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 hereunderforthe 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 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 Professional Services Agreement 7253 SharePoint Consulting Page 4 of 12 DocuSign Envelope ID: 3E89865A-2F83-4EDE-B658-A86EOF35139F because of the default. 16. Binding Effect. This writing, togetherwith 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. 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: Professional Services Agreement 7253 SharePoint Consulting Page 5 of 12 DocuSign Envelope ID: 3E89865A-2FB3-4EDE-B658-A86EOF35139F 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 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. 19. 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 two (2) pages, and Exhibit "D", consisting of one (1) page, attached hereto and incorporated herein by this reference. Professional Services Agreement 7253 SharePoint Consulting Page 6 of 12 DocuSign Envelope ID: 3E89865A-2F83-4EDE-B658-A86EOF35139F THE CITY OF FORT COLLINS, COLORADO Byi 9tes B. O'Neill ll, CPPO, FNIGP hector of Purchasing & Risk Management Date: / I—) / { 1 i r Neudesic, LLC Doc uSigned �'W""..� By: Cise eeaeae en Title: vice President CORPORATE PRESIDENT OR VICE PRESIDENT Date: September 28, 2011 1 11:23 PT ATTEST: (Corporate Seal) Corporate Secretary Professional Services Agreement 7253 SharePoint Consulting Page 7 of 12 DocuSign Envelope ID: 3E89865A-2F83-4EDE-B658-A86EOF35139F EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND Neudesic, LLC 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: User 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 _ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. Professional City of Fort Collins By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management (over$60,000.00) Date: Professional Services Agreement 7253 SharePoint Consulting Page 8 of 12 DocuSign Envelope ID: 3EB9865A-2F83-4EDE-B658-A86EOF35139F EXHIBIT B RATE SCHEDULE SharePoint Architect (Billed Hourly) $170/hour There is no additional charge for off -hours support; the normal billable rates listed above will apply. Professional Services Agreement 7253 SharePoint Consulting Page 9 of 12