HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - CONTRACT - RFP - 7380 NETWORK EQUIPMENT & SMARTNET SERVICESSERVICES 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 Global Technology Resources, Inc., hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows:
1. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for
services for 7380 Network Equipment & SmartNet Services. The conditions set forth herein shall
apply to all services performed by the Service Provider on behalf of the City and particularly
described in Work Orders agreed upon in writing by the parties from time to time. Such Work
Orders, a sample of which is attached hereto as Exhibit "A", consisting of three (3) page(s) and
incorporated herein by this reference, shall include a description of the services to be performed,
the location and time for performance, the amount of payment, any materials to be supplied by the
City and any other special circumstances relating to the performance of services. The only
services authorized under this agreement are those which are performed after receipt of such Work
Order, except in emergency circumstances where oral work requests may be issued. Oral requests
for emergency actions will be confirmed by issuance of a written Work Order within two (2) working
days.
b. The City may, at any time during the term of a particular Work Order and
without invalidating the Agreement, make changes within the general scope of the particular
services assigned and the Service Provider agrees to perform such changed services.
Service Agreement — Work Order Type
Page 1 of 15
EXHIBIT A
SCOPE OF SERVICES
A) Hardware and Software Purchases
Service is essentially defined by workflow in three phases; Ordering, Delivering, and
Invoicing. The majority of purchases will be for Cisco products. However, the following are
examples of the types of equipment other than Cisco the City of Fort Collins anticipates
purchasing under the provisions of a Service Agreement to be developed from this RFP
process:
• APC UPS, typically ranging in size from 1000 VA to 3000 VA XL; Tower and rack
mount
• Transition Media Converters - standalone and chassis
Ordering
1. City of Fort Collins staff initiates a request for pricing and availability either by phone
or e-mail. This step in the workflow often opens discussion regarding equipment
specification details, options, and alternatives.
2. Knowledgeable and experienced Service Provider staff develops a quote consistently
based upon Cisco discounts and any additional incentives established by the Service
Agreement derived from this RFP process. Product delivery schedule information is
included in the quote with emphasis noted for backorders exceeding two weeks after
receipt a purchase order from the City of Fort Collins.
3. Quotes must be delivered within a maximum of 3 business days.
Delivering
1. Service Provider staff acknowledges receipt of the City of Fort Collins purchase order
and confirms quoted items have been ordered from Cisco.
2. Service Provider staff provides updated shipping and tracking information at regular
intervals, flagging any changes in the forecasted delivery schedule.
Invoicing
1. Service Provider staff provides invoices for delivered products, itemized in
accordance with the originating quote. Invoices must clearly list individual line items
from the quote. Purchase order and quote numbers must appear on each invoice.
2. All SmartNet purchases, appearing as line items on the originating quote, must be
invoiced separately. SmartNet invoices must clearly list individual SmartNet line items
from the quote and reference the associated quote and purchase order numbers.
3. Payment is processed by the City of Fort Collins, following confirmed delivery of
hardware and software and receipt of a quote -specific, itemized invoice.
B) SmartNet Maintenance
Maintenance contracts will be awarded for one-year and may be renewed annually for a
period not -to -exceed five years. Unless otherwise specified by City of Fort Collins staff,
hardware and software maintenance coverage will be provided in the following order
based on coverage options available at the time of purchase:
1. Cisco Smart Foundation Service
2. Cisco SmartNet Service
Service Agreement - Work Order Type
7380 Network Equipment & SmartNet Services Page 10 of 15
The City of Fort Collins requires two separate SmartNet maintenance contracts. One is
specific to the network and telecommunications inventory of the City of Fort Collins. The
second is specific to the inventory of the Poudre River Library District. City of Fort
Collins IT staff will clearly identify with each hardware or software purchase to which
individual contract the SmartNet coverage pertains. Purchase quotes, developed by
Service Provider staff, must reference "Poudre River Library District' when appropriate.
Coverage changes may be specified at each annual renewal.
Annual Maintenance Renewal
Service Provider staff will provide a separate quote and corresponding spreadsheet
inventory for the City of Fort Collins and the Poudre River Library District accounts.
The quote will list the following:
• Line number
• Quantity
• Item Number (Cisco)
• Item Description (Cisco)
• List Price (Cisco)
• Unit Price (discounted price)
• Total (extended unit price)
The corresponding spreadsheet will list the following:
• Cisco Service SKU
• Cisco Part number
• Cisco Serial Number
• Contract Number (Cisco)
• Start Date (contract)
• End Date (contract)
• List Price (Cisco)
• Customer Price (discounted price)
• Notes — end of support dates, license quantity, etc.
Quote and spreadsheet line items must be identically sorted to facilitate reconciliation
between documents.
SmartNet contracts will be awarded each year to effect coverage from 3/31 of the award
year until 3/30 the following year. The City of Fort Collins Network Administration
Manager or designated representative will approve renewals.
Service Agreement — Work Order Type
7380 Network Equipment & SmartNet Services Page 11 of 15
EXHIBIT B
PAYMENTS
.PRICING MATRIX
'
-
Annual
-
Dnli pur[hase
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Extended 0.nnuaL
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CCX-50PRE-SEAT1
25
_
$` -
5 19280.
5' '4,820,00,
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10
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1
5 "' - -
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1
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3-
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5. +46.40
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Service Agreement - Work Order Type
7380 Network Equipment & SmartNet Services Page 12 of 15
:PRICING MATRIX
;Annual '
Unit P4mhase
'Pxiended
SmarlNel°-
EnentlMAnnual'
^PanNuiOtier.
Quendty
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PurchSse Pilce
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Comma TV= SNT
AIR:AP1020-B-K9
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5
$. '71,60
S 2.1.'41:50!.
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5-1,429.90.
.$' 93.20
S ICA.40;.
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S '24;744.50
$11340.00
5'.. 2,8W.00
AIR-WLC210C-.K9
'5
St -1,372.25
S 6,861:25.
$' 209D0.
5 ;I,OW,00!
AIR:WLC4402-SDK9
'7
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5,' '1,097.75
$1:2M 00
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'S 118.694.50
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'S 1.344.00:
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VJ5C2900C-BPC-L
1
5� 574.75'
5 . �574.75'
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:$• 33520:
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Service Agreement - Work Order Type
7380 Network Equipment & SmartNet Services Page 13 of 15
PRICING MATRIX-
�Mnual t.
•
Unit Purchae_e
'�Fxtentledy
!SmanNet
FxteMed Anneal
PariNumhet
Quantity
v->P�Ice'. f:
PurchaiePrice.
: Price unitt
�SmartNet Pricer'
Cantraot Typo S WIR,
02621-VSEVKo
"1
------- ..._.'
5-- `=
$`, 1672.Doi
'5 1, 672:00'
CISCO7204VXR
1
5. 11,550.00
5' Q1,SSO.DO,
$`3.528.00,
5-3.522.00;
tACS7835112-KS-CMA2
2
S,
$'1.228.90,
S . "2.457.60
NICS-7846112-ECS2
;1
'5
$(2•]08.8W
5.-_'2.708.801
WS-C6W9-E:
2
5'-5,225.00
S 10,'450.00'
$=8.73600
S- '17,472:00.
WE-C6513
11
S '8,797.25
5:-8.797.25;
$13.104,M
5 ;13.1w.00'
Type'Subintels: i.S i.1 D,797:25`i
Equlpmentand Maintenance Totals; s a6a 62o_9n;
i5;( _39.842A0�
5 - 15 ].3PR,OR
NOTES of Esceptlan, darlliollon, Volume PAvIng Discounts; E c-;,
.Harderere pricing Is,, not
avallable f& all produas
CsnUnned in this bid.
Lines 415;78 ;19, 23-31,
37,-'% 47-G1 FA. 00.72,
75. 78 74.8L&9f 06,
110; 112-113 ere all end
'Hardware .ppeing - -
contained In this bid Is for
artleni under:MWkin
Clsto List • rice:., '
'C ixo Hardwe re
purchases above look.
Ild�pricei.ii1 have a''
discount of48 %off lisl:.
The pricing containedin
this bid is guaranteed fog
1 year_irom the ao'ard
date of this oonlr'act.
Pri Jng G;All _tie ray'
ne®adated on a yeaAy
balls.
Service Agreement — Work Order Type
7380 Network Equipment & SmartNet Services Page 14 of 15
EXHIBIT C
INSURANCE REQUIREMENTS
1. The Service Provider 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 Service Provider 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 Service Provider, 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 Service Provider under this Agreement. The City, its officers, agents and
employees shall be named as additional insureds on the Service Provider'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 Service Provider shall
maintain during the life of this Agreementforall of the Service Provider's employees
engaged in work performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
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 Service Provider 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 Service Provider 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.
Service Agreement — Work Order Type
7380 Network Equipment & SmartNet Services Page 15 of 15
Changes in the Work. The City reserves the right to independently bid any
services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing
within this Agreement shall obligate the City to have any particular service performed by the
Service Provider.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated as specified by each written Work Order
or oral emergency service request. Oral emergency service requests will be acted upon without
waiting for a written Work Order. Time is of the essence.
Contract Period. This Agreement shall commence June 1, 2012 and shall
continue in full force and effect until May 31, 2013, 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.
Written notice of renewal shall be provided to the Service Provider and mailed no later than 90
days prior to contract end.
Delay. If either party is prevented in whole or in part from performing its
obligations by unforeseeable causes beyond its reasonable control and without is fault or
negligence, then the party so prevented shall be excused from whatever performance is
prevented by such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days from
the onset of such condition.
Early Termination by City/Notices. 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 Service Provider. Such notice shall be mailed at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in writing by
Service Agreement — Work Order Type
7380 Network Equipment & SmartNet Services Page 2 of 15
the parties. All notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following address:
Service Provider: City: Copy to:
Global Technology Resources, Inc. City of Fort Collins City of Fort Collins
Attn: Marie Chillemi Attn: Bob Singleton Purchasing Dept.
990 S Broadway Suite 400 PO Box 580 PO Box 580
Denver, CO 80209 Fort Collins, CO 80522 Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services rendered
to the termination date, subject only to the satisfactory performance of the Service Provider's
obligations under this Agreement. Such payment shall be the Service Provider's sole right and
remedy for such termination.
7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed
price. The actual amount of work to be performed will be stated on the individual Work Orders.
The City makes no guarantee as to the number of Work Orders that may be issued or the actual
amount of services which will in fact be requested.
8. Payments.
a. The City agrees to pay and the Service Provider agrees to accept as full
payment for all work done and all materials furnished and for all costs and expenses incurred in
performance of the work the sums set forth for the hourly labor rate and material costs, with
markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "B", consisting
of three (3) pages, and incorporated herein by this reference.
Payment shall be made by the City only upon acceptance of the work by the City and upon
the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and
materials, and other costs incurred in connection with the performance of such work.
9. City Representative. The City's representative will be shown on the specific
Work Order and shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the work requested. All requests concerning this Agreement shall
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7380 Network Equipment & SmartNet Services Page 3 of 15
be directed to the City Representative.
10. Independent Contractor. It is agreed that in the performance of any services
hereunder, the Service Provider is an independent contractor responsible to the City only as to
the results to be obtained in the particular work assignment and to the extent that the work shall
be done in accordance with the terms, plans and specifications furnished by the City.
11. Personal Services. It is understood that the City enters into the Agreement
based on the special abilities of the Service Provider and that this Agreement shall be
considered as an agreement for personal services. Accordingly, the Service Provider shall
neither assign any responsibilities nor delegate any duties arising under the Agreement without
the prior written consent of the city.
12. Acceptance Not Waiver. 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 under the
Agreement or of any cause of action arising out of the performance of this Agreement.
13. Warranty.
a. Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance with accepted standards
for work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
C. Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship for a period
beginning with the start of the work and ending twelve (12) months from and after final acceptance
under the Agreement, regardless whether the same were furnished or performed by Service
Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any
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7380 Network Equipment & SmartNet Services Page 4 of 15
such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or
replaced by Service Provider in a manner and at a time acceptable to City.
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 thereof.
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
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.
16. Binding Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties, shall be binding upon said parties, and shall inure to the
benefit of the respective successors and assigns of said parties. The Service Provider hereby
agrees that it will require its officers, employees, and agents to comply with the terms and
conditions of this Agreement in the performance of all work under this Agreement.
17. Indemnity/Insurance.
The Service Provider agrees to indemnify and save harmless the City, its
officers, agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever, brought or asserted for injuries to or death of any person or
persons, or damages to property arising out of, result from or occurring in connection with the
performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the
work hereunder to prevent injury to persons and property.
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C. Without limiting any of the Service Provider's obligations hereunder, the
Service Provider shall provide and maintain insurance coverage naming the City as an additional
insured under this Agreement of the type and with the limits specified within Exhibit "c", consisting
of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider
before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk
Management, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the
insurance coverage required from an insurance company acceptable to the city.
18. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
19. Law/Severability. This Agreement shall be governed in all respect by the laws of
the State of Colorado. 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.
20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
2. Service Provider 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.
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b. Service Provider 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. Service Provider 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 Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider
shall:
Notify such subcontractor and the City within three days that
Service Provider has actual knowledge that the subcontractor is employing or contracting with
an illegal alien; and
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 Service Provider 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. Service Provider 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 Service Provider 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, Service Provider shall be liable for actual and consequential damages
to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S.
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7380 Network Equipment & SmartNet Services Page 7 of 15
g. The City will notify the Office of the Secretary of State if Service Provider
violates this provision of this Agreement and the City terminates the Agreement for such breach.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By.
a es B. O'Neill II, CPPO
Director of Purchasing and Risk Management
Date:
GLOBAL TECHNOLOGY RESOURCES, INC.
I
By:
�h
Greg Byles
Print Name
Title CEO
Corporate President or Vice President
Date: June 1, 2012
ATT�e ^ ie�
(Corporate Seal)
Corporate Secretary
Glenn smith ?.•;,P.PORn. OG
SEAL:�
'n
0® 01R o
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7380 Network Equipment & SmartNet Services Page 8 of 15
EXHIBIT A
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
GLOBAL TECHNOLOGY RESOURCES, INC.
DATED:
Work Order Number:
Purchase Order Number:
Project Title: 7380 Network Equipment & SmartNet Services
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
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.
User Acceptance
City of Fort Collins
By:
Date:
By:
Director of Purchasing and Risk Management
(over$60,000.00)
Date:
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