HomeMy WebLinkAboutINFORMATION TECHNOLOGY EXPERTS - CONTRACT - RFP - 7285 IT SUPPORT SERVICES FOR MPONFRMPO
I NORTH
FRONT RANGE
METROPOLITAN
PLANNING
ORGANIZATION
AGREEMENT BETWEEN
THE NORTH FRONT RANGE
TRANSPORTATION AND AIR QUAILITY
PLANNING COUNCIL
AND
CHEROKEE NATION TECHNOLOGIES,
LLC
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31. Executive Director's Approval. This contract shall not be deemed valid until It
has been executed by the Executive Director of the MPO.
32. Software Piracy Prohibitions No state or other public funds payable under this
Agreement shall be used for the acquisition, operation, or maintenance of computer software in
violation of federal copyright laws or applicable licensing restrictions.
33. Authority. Contractor signatory certifies that he/she is legally authorized to enter
Into this Agreement on behalf of the Contractor and that the Contractor agrees to comply with
the terms and conditions in the Agreement.
34. Special Provisions. Special provisions or conditions relating to federal patent law
and rights in data that are applicable to this Agreement are set forth in Exhibit C, attached
hereto and incorporated herein by this reference.
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THE NORTH FRONT RANGE TRANSPORTATION
AND AIR QUALITY PLANNING COUNCIL (MPO)
C
Cliff Davidson, Executive Director
STATE OF COLORADO
) as.
COUNTY OF
By:
Title:
CHEROKEE NATION
The foregoing instrument was subscribed, sworn to and acknowledged before me this
day of ;A7 , 2001 , by [as of .]
My commission expires:
IS E A L)
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(SEAL)
Notary Public
Exhibit A
SECTIONr: SCOPE OF •-
1.1 Local PC Support
The selected contractor will provide monthly PC Support for the 15 local PC users to include:
• Provide on -call PC support phone number and email address
• Build/Rebuild of new and re -used computers and related hardware
• Software and driver installation
• Maintain list of software licenses for purchase and re -installation of software on local
PCs
• Virus removal and repair
• Screen and "push" software updates to local PCs
• Maintain local PC backup system
• Institute email policy for the storage and removal of out -dated entails as defined by
NFRMPO staff in Microsoft Outlook
1.2 Purchase of Hardware, Software, and Online Services
The selected contractor will serve as the purchasing agent to leverage their wholesaler
relationships and invoice the NFRMPO for new PCs, hardware, and software under the
following assumptions:
Review of local PCs for annual replacement of 2-4 computers
Maintain list of software licenses for purchase and re -installation of software on local
PCs. The selected contractor will schedule a meeting with the NFRMPO to obtain all
current licenses and establish themselves as the point -of -contact with all re -sellers
(Adobe, SPSS, etc.)
Assist NFRMPO accounting staff with compliance for online payment processing through
banking relationship
Serve as the administrative contact for purchased online services that currently Include
o GoDaddy
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o Constant Contact
o Zoomemng
o SSL Certificates
• Serve as the administrative contact for remotely -hosted Sitefinity (In the future) web•
development software on local server
1.3 Ongoing Maintenance of Servers
The selected contractor will maintain the servers housed at the City of Fort Collins. This will
require the contractor to obtain clearance from the City of Fort Collins to access the server
house in -person and remotely. The server maintenance will Include:
• Software and driver installation
• Prompt addition or removal of local user accounts on Microsoft Exchange (to include
Microsoft Outlook email accounts) and the subsequent billing change (if applicable)
• Maintain list of software licenses for purchase and re -Installation of software on local
PCs
• Establish remote connection to the servers housed at the City of Fort Collins
• Screen and "push" software update to servers
• Scheduled visits to the server "DMZ" as negotiated with the NFRMPO and the City of
Fort Collins
• Maintain the existing backup system for the servers at the City of Fort Collins
• Maintain Great Plains software on SOL server
1.4 Scheduled Communications with NFRMPO and the City of Fort Collins
The selected consultant will provide the following report and communications regarding the
status of the NFRMPO IT architecture to include:
• A written annual evaluations of each server to the NFRMPO and the IT staff at the City
of Fort Collins at the close of the calendar year by January 151h
• A scheduled annual meeting In January to discuss the current state of the NFRMPO IT
architecture to include:
o Cost -saving efficiency opportunities
o Preventative maintenance
o Communication improvements between selected contractor, the NFRMPO, and
the City of Fort Collins
o Bill rate updates
• Provide a monthly emailed report to designated staff contact at the NFRMPO regarding
the status of the local PCs to include:
o Software updates
o Virus blocked / Spyware management
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o Temporary file deletion
1.5 Invoicing
The selected consultant will provide a monthly invoice to the NFRMPO with a breakdown of the
maintenance, labor hours (by employee), and hardwarelsoftware purchases on behalf of the
NFRMPO consistent with the SECTION 2.0 — Pricing described below.
SECTION 2.0: PRICING
1. Monthly price per unit to maintain local PCs as described in the Scope of Work above
2. Monthly price per unit to maintain the described remotely -hosted servers in the Scope of
Work above
3. Hourly fee for monthly on -call PC user support along with a proposed number of hours
per month to achieve the responsibilities outlined In the scope of work.
Acknowledgement of overage, emergency, and day/nlghVweekend charges should be
described accurately in the submittal.
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EXHIBIT B
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE NORTH FRONT RANGE TRANSPORTATION AND AIR QUALITY PLANNING COUNCIL
AND
DATED:
Work Order Number:
Purchase Order Number.
Project Title:
Commencement Date:
Completion Date:
Maximum Fee (time and reimbursable direct costs) not to exceed:
Project Description:
Scope of Services:
Acceptance
User
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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
Ions) the Professional Services Agreement
shall control.
Professional
The attached forms consisting of _ (_) pages
are hereby accepted and incorporated herein, by
this reference, and Notice to Proceed is hereby
given.
THE NORTH FRONT RANGE
TRANSPORTATION AND AIR QUALITY
PLANNING COUNCIL
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EXHIBIT C - Federal Patent and Rights in Data
I
The FTA patent clause Is substantially similar to the text of 49 C.F.R. Part 19, Appendix
A, § 5, but the rights in data clause reflects FTA objectives. For patent rights, FTA is
governed by Federal law and regulation. For date rights, the text on copyrights is
Insufficient to meet FTA'a purposes for awarding research grants. This model clause,
with larger rights as a standard, is proposed with the understanding that this standard
could be modified to FTA's needs.
CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORK,
A. Rights in Data.
(1) The term "subject data° means recorded Information, whether or not copyrighted,
that is delivered or specified to be delivered under this Agreement. The term Includes
graphic or pictorial delineation in media such as drawings or photographs; text in
specifications or related performance or design -type documents; machine forms such as
punched cards, magnetic tape., or computer memory printouts; and information retained
in computer memory. Examples include, but are not limited to: computer software,
engineering drawings and associated lists, specificatlons, standards, process sheets,
manuals, technical reports, catalog Item identifications, and related Information. The
term "subject data" does not Include financial reports, cost analyses, and similar
information Incidental to contract administration.
(2) The following restrictions apply to all subject data first produced in the
performance of the contract to which this Attachment has been added:
(a) Except for Its own Internal use, Contractor may not publish or reproduce subject
data in whole or in part, or in any manner or form, nor may Contractor authorize others
to do so, without the written consent of the Federal Government, until such time as the
Federal Government may have either released or approved the release of such data to
the public; this restriction on publication, however, does not apply to any contract with an
academic institution.
(b) In accordance with 49 C.F.R. 18.34 and 49 C.F.R. 19.36, the Federal
Government reserves a royalty -free, non-exclusive and irrevocable license to reproduce,
publish, or otherwise use, and to authorize others to use, for "Federal Government
purposes," any subject data or copyright described in subsections (2)(b)I and (2)(b)2
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below. As used In the previous sentence, "for Federal Government purposes,' means
use only for the direct purposes of the Federal Government. Without the copyright
owner's consent, the Federal Government may not extend Its Federal license to any
other party.
1. Any subject data developed under this Agreement, whether or not a copyright
has been obtained; and
2. Any rights of copyright purchased by Contractor using Federal assistance In
whole or in part provided by FTA.
(c) When FTA awards Federal assistance for experimental, developmental, or
research work, It is FTA's general intention to Increase transportation knowledge
available to the public, rather than to restrict the benefits resulting from the work to
participants In that work. Therefore, unless FTA determines otherwise, Contractor
performing experimental, developmental, or research work required by this Agreement
agrees to permit FTA to make available to the public, either FTA's license In the
copyright to any subject data developed in the course of that contract, or a copy of the
subject data first produced under the contract for which a copyright has not been
obtained. If the experimental, developmental, or research work, which Is the subject of
the underlying contract, is not completed for any reason whatsoever, all data developed
under that contract shall become subject data as defined in subsection (a) of this clause
and shall be delivered as the Federal Government may direct. This subsection (c),
however, does not apply to adaptations of automatic data processing equipment or
programs for Contractor's use whose costs are financed In whole or in part with Federal
assistance provided by FTA for transportation capital projects.
(d) Unless prohibited by state law, upon request by the Federal Government, the
MPO and Contractor agree to indemnify, save, and hold harmless the Federal
Government, Its officers, agents, and employees acting within the scope of their official
duties against any liability, Including costs and expenses, resulting from any Willful or
Intentional violation by the MPO or Contractor of proprietary rights, copyrights, or right of
privacy, arising out of the publication, translation, reproduction, delivery, use, or
disposition of any data furnished under that contract. Neither the MPO nor Contractor
shall be required to indemnify the Federal Government for any such liability arising out of
the wrongful act of any employee, official, or agents of the Federal Government.
(a) Nothing contained herein shall Imply a license to the Federal Government under
any patent or be construed as affecting the scope of any license or other right otherwise
granted to the Federal Government under any patent.
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if) Data developed by Contractor and financed entirety without using Federal
assistance provided by the Federal Government that has been incorporated Into work
required by the underlying contract to which this Attachment has been added is exempt
from the requirements of subsections (b), (c), and (d) of this clause, provided that
Contractor identifies that data In writing at the time of delivery of the contract work.
(g) Unless FTA determines otherwise, Contractor agrees to include these
requirements in each subcontract for experimental, developmental, or research work
financed in whole or in part with Federal assistance provided by FTA.
(3) Unless the Federal Government later makes a contrary determination in writing,
Irrespective of Contractor's status (Le., a large business, small business, state
government or state instrumentality, local government, nonprofit organization, institution
of higher education, individual, etc.), the MPO and Contractor agree to take the
necessary actions to provide, through FTA, those rights in that invention due the Federal
Govemment as described in U.S. Department of Commerce regulations, "Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401.
(4) Contractor agrees to Include these requirements in each subcontract for
experimental, developmental, or research work financed in whole or In part with Federal
assistance provided by FTA.
B. Patent Rights:
(1) If any invention, Improvement, or discovery is conceived or first actually reduced
to practice in the course of or under this Agreement, and that invention, improvement,
or discovery is patentable under the laws of the United States of America or any foreign
country, Contractor agrees to take actions necessary to provide immediate notice and a
detailed report to the party at a higher tier until FTA Is ultimately notified.
(2) Unless the Federal Government later makes a contrary determination in writing,
irrespective of Contractor's status (a large business, small business, state government
or state Instrumentality, local government, nonprofit organization, institution of higher
education, individual), Contractor agrees to take the necessary actions to provide,
through FTA, those rights in that invention due the Federal Government as described in
U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements," 37 C.F.R. Pert 401.
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THIS AGREEMENT Is made and entered into this 2:9day of December, 2011, by
and between THE NORTH FRONT RANGE TRANSPORTATION AND AIR QUALITY
PLANNING COUNCIL (the "MPO") and Cherokee Nation Technologies, LLC d/b/a Information
Technology Experts ("Contractor").
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
i. Scope of SeMces. Contractor shall perform IT type tasks and related work as
needed, as described In Exhibit A, Scope of Services. The scope of services to be performed
pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on
each Work Order, a sample of which is attached hereto as Exhibit B and Incorporated herein by
this reference. The MPO reserves the right to independently bid any project rather than Issuing
a Work Order to the Contractor for the same pursuant to this Agreement
2. Time. 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.
3. Term. This Agreement shall commence on November 25, 2011 and shall
continue In full force and effect until November 24. 2012, unless terminated sooner as herein
provided. In addition, at the option of the MPO, the Agreement may be extended for additional
one year periods not to exceed tour (4) additional one year periods. 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 Contractor and mailed no later than ninety (90) days prior to
contract end.
4. 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, and this
Agreement may be terminated.
5. Early Termination by MPO. Notwithstanding the time periods contained herein,
the MPO may terminate this Agreement at any time for the MPO's convenience or because of
the failure of Contractor to fulfill the contract obligations. If the necessary funds are not available
to fund this project, the Agreement may be terminated immediately and the Contractor paid for
services rendered up to the time of termination. The MPO shall terminate by providing at least
fifteen (15) days prior written notice of termination by delivering to Contractor a notice of
termination specifying the nature, extent, and effective date of the termination. Upon receipt of
the notice, Contractor shall immediately discontinue all services affected (unless the notice
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(3) Contractor agrees to include the requirements of this clause in each subcontract
for experimental, developmental, or research work financed in whole or in part with
Federal assistance provided by FTA.
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EXHIBIT D
G. N.J. 24-/5.5-103
I, , swear or affirm under penalty of perjury under the laws of the
State of Colorado that (check one):
I am a United States citizen, or
I am a Permanent Resident of the United States, or
I am lawfully present In the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for e
public benefit. I understand that state law requires me to provide proof that I am lawfully
present in the United States prior to receipt of this public benefit. I further acknowledge
that making a false, fictitious, or fraudulent statement or representation in this sworn
affidavit is punishable under the criminal laws of Colorado as perjury in the second
degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate
criminal offense each time a public benefit is fraudulently received.
Signature
INTERNAL USE ONLY Valid forms of identification
Date
---current Colorado driver's license, minor driver's license, probationary driver's license,
commercial driver's license, restricted driver's license, instruction permit
---current Colorado Identification card
--U.S. military card or dependent Identification card
--U.S. coast guard merchant mariner card
---Native American tribal document
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The following forms of Identification may be accepted through February 28, 2007"
--original birth certificate from any state of the United States
--certificate verifying naturalized status by U.S. with photo and raised seal
---certificate verifying U.S. citizenship by U.S. government, e.g., U.S. passport
---order of adoption by a U.S. court with seal of certification
---valid driver's license from any state of the U.S. or the Dist. of Columbia excluding AK, HI, IL,
MD, MI, NE, NM, NC, OR, TN, TX, UT, VT and WI
---valid Immigration documents demonstrating lawful presence, e.g., current foreign passport with
current 1.551 stamp or visa, current foreign passport with 1-94, 1-94 with asylum status, unexpired
Resident Allen card, Permanent Resident card or Employment Authorization card
`A waiver may be available where no identification exists or can be obtained due to a medical
condition, homelessness, or insufficient documentation to receive a Colorado I.D. or driver's
license. Contact your department director.
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Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to Influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering Into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or wilt be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in
accordance with Its instructions [as amended by "Government wide Guidance for New
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19196). Note: Language In paragraph (2)
herein has been modified In accordance with Section 10 of the Lobbying Disclosure Act of 1995
(P.L. 104-65, to be codified at 2 U.S.C. 1601, at seq.)]
(3) The undersigned shall require that the language of this certification be included In the award
documents for all subawards at all flare (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered Into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31, U.S.C.❑ 1352 (as
amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
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(Note: Pursuant to 31 U.S.C.1352(c)(1)-(2)(A), any person who makes a prohibited expenditure
or fails to file or amend a required certification or disclosure form shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such expenditure or
failure.]
The Contractor, LSA Associates certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition, the Contractor understands and
agrees that provisions of 31 U.S.C. A 3801, at seq., apply to this certification and disclosure,
if any.
of Contractor's Authorized Official
Name and Title of Contractor's Authorized
Official
Date
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IT SUPPORT SERVICES
ON 1.0: PROPOSAL RFC
1.1 General Description
The City of Fort Collins on behalf of the North Front Range Metropolitan Planning Organization,
hereinafter referred to as "NFRMPO" or "MPO", is soliciting proposals for ongoing IT support
services for their office at 419 Canyon Avenue, Suite 300. Fort Collins, CO and server bank held
by the City of Fort Collins at 215 N. Mason St., Fort Collins, CO 80521.
1.2 Proposal Submittal
Neither the City of Fort Collins nor the MPO will reimburse any firm for costs incurred in the
preparation and presentation of their proposal.
Firms submitting proposals shall submit five (5) copies of the proposal with the following
information:
1. Company history and experience in providing IT services
2. The name of the company representatives responsible for:
• Providing information during the evaluation process
• Project account manager for the duration of the contract period
• Staff providing direct support to NFRMPO staff, the NFRMPO servers, and local
computers.
3. A written description of the proposed products and services as required below.
4. Pricing, as requested.
The proposal must be signed by a duly authorized representative of the firm submitting the
proposal. The signature shall include the title of the individual signing the proposal.
SECTION 2.0: BACKGROUND
The North Front Range Metropolitan Planning Organization (NFRMPO) is an association of 15
local governments working together to improve regional transportation and air quality.- The
NFRMPO does long-range and short-range planning and prioritizes which projects in those
plans will receive state and federal funding. The NFRMPO is a nonprofit public organization
funded through federal and state grants as well as local funds.
Additionally, the NFRMPO works to enhance air quality and mobility between the North Front
Range and the Denver Metro area by developing cooperative working relationships and
financial partnerships among our member governments, the Colorado Department of
Transportation (CDOT), Federal Highway Administration (FHWA), the Federal Transit
Administration (FTA), and the private sector.
RFP — IT Support Services
2.1 Network Architecture
The network architecture for the NFRMPO includes:
1. 15 local PC users
2. 17 maintained computers Including laptops with
a. Microsoft Windows XP or Windows 7 (new computers)
b. Microsoft Office 2010
c. Antivirus—AVG2011
3. Seven (7) servers
a. Server 01 — Domain Controller / DNS Server (virtual)
b. Server 02 — Microsoft Exchange 2010 Server (virtual)
c. Server 03 —Great Plains SOL Server (virtual)
d. Server 04—ArcGIS Server
e. Server 05 — File Server / Print Server
f. Server 06 — Backup Domain Controller / Backup DNS Server / Anti -Virus Server
g. Server 07 — FTP Server and NFRMPO.org Web Server (Sitefinity)
4. Cisco router
5. Cisco Catalyst 3560 Switch 24-port Ethernet and Fiber PoE capable
6. Cisco Catalyst 2950 24-port Ethernet Switch
7. Printers
a. Sharp MX-2700N
b. Kyocera Mite KM-3-35 KX
c. HP Designjet 5500ps
d. HP Laserjet 4200
e. Sharp MX 5111 N
RFP — IT Support Services
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directs otherwise) and deliver to the MPO all data, drawings, specifications, reports, estimates,
summaries, and other information and materials accumulated in performing this contract,
whether completed or in process.
6. Opportunity to Cure. If Contractor fails to remedy the breach or default or any of
the terms, covenants, or conditions of this Agreement within ten (10) days after receipt by
Contractor of written notice from the MPO setting forth the nature of said breach or default, the
MPO may terminate the Agreement without any further obligation to Contractor and seek
damages, may treat the Agreement as continuing and require specific performance, or may
avail Itself of any other remedy at law or equity. Notwithstanding the foregoing, If Contractor's
breach or default under this Agreement relates to the work to be performed by Contractor, the
parties agree that Contractor's remedy of such breach or default must be to the satisfaction of
the MPO but that no more than industry best practices shall be required. It the MPO prevails in
a legal or equitable action against Contractor, Contractor shall be liable to the MPO for the
MPO's reasonable attorney tees and costs incurred because of the default. Any such
termination for default shall not in any way operate to preclude the MPO from also pursuing all
available remedies against Contractor and Its sureties for said breach or default.
7. _Waiver of Remedies for any Breach If the MPO elects to waive Its remedies for
any breach by Contractor of any covenant, term or condition of this Agreement, such waiver by
the MPO shall not limit the MPO's remedies for any succeeding breach of that or of any other
term, covenant, or condition of this Agreement.
B. Responsibility. Contractor shall be responsible for the Contractor quality,
technical accuracy, timoly completion and the coordination of all services rendered by the
Contractor, including but not limited to designs, plans, reports, and specifications, and shall,
without additional compensation, promptly remedy and correct any errors, omissions, or other
deficiencies. The Contractor shall monitor its performance under this Agreement to ensure that
time schedules are being met, the Budget and Scope of Work are being met within the specified
time periods, and other performance goals are being achieved.
g. Indemnification. Contractor shall indemnify, hold harmless and defend the MPO
and its representatives, officers, employees, agents, and contractors from and against all
liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or
judgments, including, without limitation, reasonable attorney fees, arising from or in any way
connected with Injury to or the death of any person or physical damage to any property resulting
from any act, omission, condition, or other matter related to this Agreement.
10. Insurance. Contractor 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.
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The NFRMPO is seeking a firm to provide IT support services for the entire NFRMPO network
architecture.
3.1 Local PC Support
The selected contractor will provide monthly PC Support for the 15 local PC users to include:
• Provide on -call PC support phone number and email address
• Build/Rebuild of new and re -used computers and related hardware
• Software and driver installation
• Maintain list of all software licenses for purchase and re -installation of software on local
PCs
• Virus removal and repair
• Screen and "push" software updates to local PCs
• Maintain local PC backup system
• Institute email policy for the storage and removal of out -dated smalls as defined by
NFRMPO staff in Microsoft Outlook
3.2 Purchase of Hardware, Software, and Online Services
The selected contractor will serve as the purchasing agent to leverage their wholesaler
relationships and invoice the NFRMPO for new PCs, hardware, and software under the
following assumptions:
• Review of local PCs for annual replacement of 2-4 computers
• Maintain list of software licenses for purchase and re -installation of software on local
PCs. The selected contractor will schedule a meeting with the NFRMPO to obtain all
current licenses and establish themselves as the point -of -contact with all re -sellers
(Adobe, SPSS, etc.)
• Assist NFRMPO accounting staff with compliance for online payment processing
through banking relationship
• Serve as the administrative contact for purchased online services that currently include
o GoDaddy
o Constant Contact
o Zoomerang
o SSL Certificates
• Serve as the administrative contact for remotely -hosted Sitefinity (in the future) web -
development software on local server
3.3 Ongoing Maintenance of Servers
RFP — IT Support Services
The selected contractor will maintain the servers housed at the City of Fort Collins. This will
require the contractor to obtain clearance from the City of Fort Collins to access the server
house in -person and remotely. The server maintenance will include:
• Software and driver installation
• Prompt addition or removal of local user accounts on Microsoft Exchange (to include
Microsoft Outlook email accounts) and the subsequent billing change (if applicable)
• Maintain list of software licenses for purchase and re -installation of software on local
PCs
• Establish remote connection to the servers housed at the City of Fort Collins
• Screen and "push" software update to servers
• Scheduled visits to the server "DMZ" as negotiated with the NFRMPO and the City of
Fort Collins
• Maintain the existing backup system for the servers at the City of Fort Collins
• Maintain Great Plains software on SOL server
3.4 Scheduled Communications with NFRMPO and the City of Fort Collins
The selected consultant will provide the following report and communications regarding the
status of the NFRMPO IT architecture to include:
A written annual evaluations of each server to the NFRMPO and the IT staff at the City
of Fort Collins at the close of the calendar year by January 15'h
A scheduled annual meeting in January to discuss the current state of the NFRMPO IT
architecture to include:
o Cost -saving efficiency opportunities
o Preventative maintenance
o Communication improvements between selected contractor, the NFRMPO, and
the City of Fort Collins
o Bill rate updates
Provide a monthly emailed report to designated staff contact at the NFRMPO regarding
the status of the local PCs to include:
o Software updates
o Virus blocked / Spyware management
o Temporary file deletion
3.5 Invoicing
The selected consultant will provide a monthly invoice to the NFRMPO with a breakdown of the
maintenance, labor hours (by employee), and hardware/software purchases on behalf of the
NFRMPO consistent with the SECTION 4.0 — Pricing described below.
"SECTIONr
All submitting contractors should submit a breakdown of their proposal in the following manner:
RFP — IT Support Services
f . Monthly price per unit to maintain local PCs as described in the Scope of Work above
2. Monthly price per unit to maintain the described remotely -hosted servers in the Scope of
Work above
3. Hourly fee for monthly on -call PC user support along with a proposed number of hours
per month to achieve the responsibilities outlined in the scope of work.
Acknowledgement of overage, emergency, and day/night/weekend charges should be
described accurately in the submittal. This should include specifics about what is
considered day/night/weekend and differentiate the rates.
RFP — IT Support Services
11. Compensation. In consideration of the services to be performed pursuant to this
Agreement, the MPO agrees to pay Contractor on a time and reimbursable direct cost basis. At
the election of the MPO, each Work Order may contain a maximum fee, which shell be
negotiated by the parties hereto for each such Work Order. Monthly invoices are required and
shall include a description of services performed, along with number of hours and stated rates
per hour. Supporting documentation shall also be submitted for any reimbursable direct costs.
The amounts of all such billings shall be based upon the Contractor's MPO-verified progress in
completing the services to be performed pursuant to the Scope of Services on each Work Order
and upon approval of the Contractor's direct reimbursable expenses. Final payment shall be
made following acceptance of the work by the MPO.
12. Aecords and Reports. The MPO and Contractor shall maintain all books,
records, and other documentation pertaining to the Scope of Services and necessary to
completely substantiate all costs incurred and billed to the MPO during the term of this
Agreement for a period of three (3) years from the date of final payment under the terms of this
Agreement. These records shall be made available for inspection and audit to any state or
federal authority authorized to inspect such records and copies thereof shall be furnished at the
expense of Contractor, If so requested.
13. Ownership of Work Product. Upon final payment, all designs, plans, reports,
specifications, drawings, and other services rendered by Contractor shall become the sole
property of the MPO, which shall have the royalty -free, nonexclusive and Irrevocable right to
reproduce, publish, or otherwise use and authorize others to use all such materials for
authorized government purposes. Other entities that may reproduce, publish, or otherwise use
the designs, plans, reports, specifications, drawings, and other services rendered by Contractor
include but are not limited to the Colorado Department of Transportation ("CDOT"), the Federal
Transportation Administration ('FTA"), and the Federal Highway Administration ("FHWA").
14, MPO Representative. The MPO shall 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 MPO
Representative.
15. Protect Documents. Upon conclusion of the project and before final payment, the
Contractor shall provide the MPO with reproducible documents of the project containing
accurate Information on the project as designed. Documents shall be of archival quality, and
also available In an electronic format, in an agreed upon format.
16. Monthly Report. Commencing at the end of the calendar month following the
date of execution of this Agreement and every calendar month end thereafter, Contractor shall
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provide the MPO with a written report of the status of the work. Failure to provide any required
monthly report may, at the option of the MPO, suspend the processing of any partial payment
request.
1Z Independent Contractor. The services to be performed by Contractor are those
of an independent contractor and not of an employee of the MPO. The MPO shall not be
responsible for withholding any portion of Contractor's compensation hereunder for the payment
of FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
18. Agreement format All words used herein in the singular form shall extend to and
include the plural. All words used in the plural form shall extend to and Include the singular. All
words In any gender shall extend to and include all genders.
19. Conflict of Interests and Prohibited Interests. The MPO and Contractor represent
that neither has any Interests and shall not acquire any interests, directly or Indirectly, that would
conflict In any manner or degree with the performance and services required to be performed
under this Agreement. The MPO and Contractor further represent that no member or delegate
to the Congress of the United States shall be admitted to any share or part of this Agreement or
to any benefit arising therefrom. In addition no employee, officer, or agent of the MPO shall
participate In selection or in the award or administration of this Agreement if a conflict of Interest,
real or apparent, would be Involved. Such conflict would arise when the employee, officer or
agent; any member of his Immediate family; his or her partner, or an organization which
employs, or is about to employ any of the foregoing, has a financial or other Interest in the firm
selected for award. The MPO's officers, employees, or agents shall neither solicit nor accept
gratuities, favors or anything of monetary value from contractors, potential contractors, or
parties of subagreements.
20. Debarment and Suspension The Contractor agrees to comply with applicable
provisions of Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," 31
U.S.C.§6101 note, and U.S. DOT regulations, "Nonprocurement Suspension and Debarment"
2C.F.R.1200, which adopt and supplement the provisions of U.S. Office of Management and
Budget (U.S. OMB), "Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement), 2 C.R.R. Part 180. To the extent required by these U.S. DOT regulations
and U.S. OMB guidance, the Contractor agrees to review the "Excluded Parties Listing System"
at httn://epls.uov/ and to Include a similar term or condition in each lower tier covered
transaction, assuring that, to the extent required by the U.S. DOT regulations and U.S. OMB
guidance, each third party contractor, and other participant at a lower tier of the Project, will
review the" Excluded Parties Listing System" at httn://epls.govl, and will include a similar term or
condition in each of its lower tier covered transactions.
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21. No Waiver. The MPO's approval of work or materials furnished hereunder shall
not in any way relieve the Contractor of responsibility for the quality of the work. The MPO'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 MPO under this Agreement.
22. No Government Obligation to Third Parties. The MPO and Contractor
acknowledge and agree that, notwithstanding any concurrence by the federal government in or
approval of the solicitation or award of the underlying contract, absent the express written
consent by the federal government, the federal government is not a party to this Agreement
and shall not be subject to any obligations or liabilities to the MPO, Contractor, or any other
parry (whether or not a party to this Agreement) pertaining to any matter resulting from this
Agreement.
23. Notices. All notices provided under this Agreement shall be effective when
mailed, postage prepaid and sent to the following addresses:
Contractor.
MPO:
With Copy to:
Cherokee Nation
THE NFRT & AQPC
City of Fort Collins
Technologies, LLC
Attn: Suzette Mallette
Purchasing
Attn: Todd Evans
419 Canyon Avenue
PO Box 580
2120 South College Ave., Fort
Collins, CO 80525
Suite 300
Ft Collins, CO 80522
Fort Collins, CO 80521
24, Incorporation of FTA Terms. This Agreement Includes certain Standard Terms
and Conditions required by the federal Department of Transportation ("DOT") and other federal
and state authorities, whether or not expressly set forth in this Agreement. All contractual
provisions required by DOT, as set forth in FTA Circular 4220.1 F, dated November 1, 2008, are
hereby Incorporated by reference. Anything to the contrary herein notwithstanding, all FTA
mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or
refuse to comply with any the MPO requests which would cause the MPO to be in violation of
the FTA terms and conditions.
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25. Grant Assurances and Federal Requirements. This Agreement involves the
expenditure of federal funds, which requires the MPO and Contractor at all times during the
execution of this Agreement to adhere to and comply with all applicable federal laws and
regulations, as they currently exist and may hereafter be amended, which are incorporated
herein by this reference as terms and conditions of this Agreement A non -exhaustive list of
federal laws and regulations that may be applicable is Included below. By signing this
Agreement, Contractor avers that It Is his or her responsibility to be aware of the requirements
that may be imposed by the following federal laws and regulations, and others not listed, that
he or she is aware of any such requirements, and that he or she will comply with all applicable
laws and regulations. In all solicitations made by competitive bidding or negotiation by the
Contractor of materials and leases of equipment for work to be completed under this
Agreement or under any Work Order, Contractor will notify each potential subcontractor,
supplier, or lessor of obligations under this contract.
a. Laws and regulations prohibiting false claims and statements from being made to the
federal government, 31 U.S.C.A § 3801, at seq„ 49 C.F.R. Part 31, and 18 U.S.C.A. §
1001;
b. Federal privacy law, 5 U.S.C.A. § 552;
c. Nondiscrimination and equal employment opportunity laws in accordance with Title VI of
the Civil Rights Act, 42 U.S.C.A. § 2000d; § 303 of the Age Discrimination Act of 1975,
42 U.S.C.A. § 6102; § 202 of the Americans with Disabilities Act of 1990, 42 U.S.C.A. §
12132 ("ADA"); and Federal transit law, 49 U.S.C.A. § 5332;
d. Mandatory standards and policies relating to energy efficiency that are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act, 42 U.S.C.A. § 6201.
26. Binding Effect. This Agreement, 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.
27. Governinq Law. The laws of the State of Colorado shall govern the construction,
interpretation, execution and enforcement of this Agreement.
28. SeverabiliN. In the event any provision of this Agreement shall be held Invalid or
unenforceable by any court of competent jurisdiction, such holding shell not Invalidate or render
unenforceable any other provision of this Agreement, but such provision shall be deemed
modified to the extent necessary In the court's opinion to render such provision enforceable, and
the rights and obligations of the parties shall be construed and enforced accordingly, preserving
to the fullest permissible extent the intent and agreements of the parties herein set forth.
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29. Prohibition Against Emolovina Illegal Aliens. This paragraph shall apply to all
Contractors whose performance of work under this Agreement does not involve the delivery of a
specific end product other than reports that are merely incidental to the performance of said
work. Pursuant to Section 8-17.5-101, C.R.S., at. seq., Contractor represents and agrees that.
a. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal alien;
and
2. Contractor has participated or attempted to participate in the basic pilot
employment verification 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 "Basic Pilot Program") in order to confirm the
employment eligibility of all newly hired employees.
b. Contractor 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. Contractor shall continue to apply to participate in the Basic Pilot Program
and shall in writing verify same every three (3) calendar months thereafter, until
Contractor is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective'rf the Basic Pilot Program is discontinued.
d. Contractor is prohibited from using Basic Pilot Program procedures to
undertake preemployment screening of Job applicants while this Agreement is
being performed.
e. 11 Contractor obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien,
Contractor shall:
1. Notify such subcontractor and the MPO within three days that
Contractor 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
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alien; except that Contractor 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.
f. Contractor 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 B-17.5-102 (5), C.R.S.
g. If Contractor violates any provision of this Agreement pertaining to the
duties imposed by Subsection 6-17.5-102, C.R.S. the MPO may terminate this
Agreement. If this Agreement is so terminated, Contractor shall be liable for
actual damages to the MPO arising out of Contractor's violation of Subsection 8-
17.5-102, C.R.S.
h. The MPO will notify the Office of the Secretary of State If Contractor
violates this provision of this Agreement and the MPO terminates the Agreement
for such breach.
30. Disadvantaged Business Entemrlse To the extent authorized by Federal law, the
Contract agrees to facilitate participation by Disadvantaged Business Enterprises (DBE's) in
the Project and assures that each third party contractor or other participant at any tier of the
Project will facilitate participation by DBEs in the Project to the extent applicable as follows:
(1) The Contractor agrees and assures that It shall comply with section 1101(b) of
SAFETEA-LU, 23 U.S.C.§101 note, and U.S. DOT regulations, "Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs,"49 C.F.R. Part 28.
(2) The Contractor agrees and assures that it shall not discriminate on the basis of
race, color, sex, or national origin in the award and performance of any third party
contract or other arrangement supported with Federal assistance derived from U.S.
DOT in the administration of its DBE program and shall comply with the requirements of
49 C.F.R. Part 26. The Contractor agrees to take all necessary and reasonable steps
as set forth in 49 C.F.R. Part 26 to ensure nondiscrimination in the award and
administration of all third party contracts and other arrangements supported with
Federal assistance from U.S. DOT.
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