HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - CONTRACT - RFP - 7368 PROFESSIONAL NETWORK ENGINEERING & IMPLEMENTAPROFESSIONAL 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 Global Technology Resources, 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. Services to be Performed.
a. This Agreement shall constitute the basic agreement between the parties for
services for 7368 Professional Network Engineering & Implementation Services. The conditions set
forth herein shall apply to all services performed by the Professional 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.
No work order shall exceed $100,000. 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 Professional agrees to perform such changed services.
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wiring services, hardware and software, and video systems, for example, that will shape SOW
development.
Work Order Process
The Professional Services Provider will prepare a SOW for each project based upon an initial
consultation with the assigned NetComm Senior Network Engineer, Project Coordinator and/or
Network Administration Manager. Key process steps include:
1. Schedule a pre -project meeting to discuss and clarify the details regarding the City
Telecommunications Network Standards and customer requirements;
2. Provide a proposed network design, including a list of tasks, and equipment list for conditional
approval by a Senior Network Engineer.
3. Prepare a final design for the specified project including detailed plans, specifications,
configurations and implementation schedule for final review and approval by a City of Fort
Collins Senior Network Engineer and Project Coordinator.
4. Tasks for the project engineering and implementation include, but are not limited to:
a. Demonstrated understanding of City Telecommunications Network Standards;
b. Thorough understanding of specific project requirements and outcome;
c. Professional services itemized cost estimate and detailed scope of work;
d. Assessment of current network design;
e. Visio depictions of current and proposed network design;
f. Proposed IOS configuration; current configuration back-up;
g. Proposed switching and routing changes; firewall changes;
h. Equipment list and quote;
i. Final project engineering review for approval; restoration (back -out) plan;
j. Implementation;
k. Project completion and documentation review. Upon completion of the project, a post -
project review meeting will be conducted to review the various aspects of each project and
possible areas for improvement;
5. Set a completion date. Projects vary in terms of duration and/or priority. It may require a rapid
response from the provider in order to meet City of Fort Collins business objectives and avoid
community service disruptions.
6. Subsequently developed work orders will be approved by signature of the Network
Administration Manager.
7. A NetComm Senior Network Engineer or appropriate delegate will oversee and monitor the
execution of work.
The process model outlined above is well suited to planned work. However, some professional
service needs will be urgent, quickly definable, and short-term. In these situations, the Professional
Services Provider should be prepared to step outside the process to provide support.
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EXHIBIT B
PAYMENTS
Consultant Level2
$109.20
Consultant Level 3
$144.30
Consultant Level
$175.50
Subject Matter Expert Level3
$195.56
Based on GTRI s experiences with The City of Fort Collins overt he lost five years we anticipate that Level3
consultants will be able to carry out the majority of the work in the next five years.
Engineering time used, outside of normal business hours, Mondaythrough Friday, gam - 5pm, will be
billed at the following rates:
• Non -Business Hours and Weekends: 150% of applicable rate
• Holidays:
200% (Dependent on availability)
All prices/hourly rates are quoted in USD. Prices do not include tax, freight, orcustoms charges. The
services pricing for this agreement is good for 90 days from the date it is issued. If the proposed
start date forthe project is greater than 90 days from the creation of the SOW, then this document
will potentially need to be revised. Line item pricing and hourly rates are CONFIDENTIAL.
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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 under this 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 for the City, or the City so requests for
any reason, the Professional shall promptly return to the City any and all information described
hereinabove, including all copies, notes and/or summaries (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 may be 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.
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2. Changes in the Work. The City reserves the right to independently bid any
services rather than issuing work to the Professional pursuant to this Agreement. Nothing
within this Agreement shall obligate the City to have any particular service performed by the
Professional.
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.
4. 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 Professional and mailed no later than ninety (90) days prior to contract end.
5. 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:
Global Technology Resources, Inc. City of Fort Collins City of Fort Collins, Purchasing
Attn: Marie Chillemi Attn: Bob Singleton PO Box 580
990 S Broadway, Suite 400 PO Box 580 Fort Collins, CO 80522
Denver, CO 80209 Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination, subject only to the satisfactory performance of the
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Professional's obligations under this Agreement. Such payment shall be the Professional's sole
right and remedy for such termination.
6. 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 $1,000,000.
7. Compensation. 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 Professional 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 one (1) page,
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 Professional furnishing satisfactory evidence of payment of all wages, taxes, supplies
and materials, and other costs incurred in connection with the performance of such work.
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9. 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.
10. 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.
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 forwithholding any portion of Professional's compensation hereunder for the payment
of FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
12. Personal Services. It is understood that the City enters into this Agreement based
on the special abilities of the Professional and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
13. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve the Professional of responsibility for the quality or technical accuracy of the work. TheCity'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.
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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
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. 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
Standard Professional Services Agreement- rev04110
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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.
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" - Confidentiality, consisting of one
Standard Professional Services Agreement- rev04/10
(1) page, attached hereto and incorporated herein by this reference.
THE CITY OF FORT COLLINS, COLORADO
By:
Ja es . O'Neill II, CPPO, FNIGP
-tor of Tz&chasing & Risk Management
E: r -7 )—
GLOBAL TECHNOLOGY RESOURCES, INC.
By:
Title: g Byles - CEO
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: June 1, 2012
ATTEST:
—G[
!d (Corporate Seal)
Corporate Secretary
Glenn Smith
J E A L
J
Standard Professional Services Agreement- rev04/10
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: 7368 Professional Network Engineering & Implementation Services
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
User Acceptance
Professional agrees to perform the services City of Fort Collins
identified above and on the attached forms in
accordance with the terms and conditions Bv:
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.
Standard Professional Services Agreement- rev04110
Date:
Bv:
Director of Purchasing and Risk Management
(over $60,000.00)
Date:
SCOPE OF SERVICES
Service requirements will take the form of staff resources providing deep expertise in relevant
technologies, solution development, systems maintenance and version upgrades, support for
project scoping, design, and implementation, and general consultation.
The following illustrate but do not define the entirety of projects the NetComm Team anticipates
completing with added resources provided by contractual service engagements:
1. Network Upgrade to VoIP: The NetComm Team is engaged in the rollout of VoIP to replace
an aging Nortel 81 C TDM telephony system. In most cases, this will involve the upgrade of
existing network equipment to support POE. This requires a full understanding of the
existing network infrastructure and customer requirements.
2. Upgrading of Telephony Applications and Infrastructure: The current VoIP environment
includes a CUCM cluster, Unity voice mail, paging, call recording and a UCCX contact
center with ACD and IVR. The platform must be upgraded and enhanced for redundancy,
scripting and SRST as determined necessary by the NetComm Team.
3. Upgrading of IOS and QoS Configurations: Converged voice, video, and data are
increasingly competing for network priority. IOS upgrades on various network equipment
and implementation of QoS to facilitate the management of real-time data applications will
be required.
4. Wireless Network Engineering and Implementation: With the increased need for wireless
infrastructure, the NetComm Team may benefit from additional resources to fulfill the
continued build -out of infrastructure.
5. Cvber Security: The NetComm Team is moving forward with its cyber security efforts.
Currently deployed are ACS, ASA and Checkpoint firewalls. Future enhancements will
include NAC, NAM and WCS.
6. IPv6: The NetComm Team is looking toward migration from IPv4 to IPv6.
7. Data Center Environment: The City's usage and needs for its data center continues to grow
and the technology continues to evolve. As existing infrastructure becomes end -of -life, the
NetComm Team will need to anticipate the technology needed to fulfill the business needs
of the City organization.
8. Ciscoworks: The NetComm Team uses CiscoWorks as a network management tool. This
application requires occasional upgrades.
Support will be engaged on an as -needed basis through development of a Scope Of Work (SOW).
Individual work orders derived from the SOW will be negotiated with respect to cost and specific
resource responsibilities prior to commencement of work. The maximum amount for individual work
orders shall not exceed $100,000. This amount establishes a reference for the maximum cost of
work but should not be interpreted as a guarantee of future work.
The intent of this Request for Proposal (RFP) is to award a professional network engineering and
implementation services contract that will be renewed annually for a period not -to -exceed five
years. However, the City of Fort Collins does not commit to all network and technical support
services being exclusively performed by the awarded Professional Services Provider. It may be
appropriate for reasons of project timing, resource capacity or capability, and other constraints on
the part of the Professional Services Provider that the City procures professional services from
another provider. The City of Fort Collins has contractual commitments to providers of cable and
Standard Professional Services Agreement- rev04110