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HomeMy WebLinkAboutbocc.con.110.2014 Rev. 08-30-11 fls COUNTY CLERK'S CONTRACT COVERSHEET CONTRACT #: 110-2014 ORIGINATING DEPARTMENT: Technology PROCUREMENT OFFICER: John Loyd PHONE#: 5211 PROJECT NAME: IT Services CONTRACTOR: Mitchandco DOLLAR AMOUNT: $10,000.00 LINE ITEM # 110.21.92400.86500 CONTRACT EXECUTION DATE: 4/7/14 CONTRACT END DATE: 12/31/2014 AUTOMATIC RENEWAL: ❑ YES ® NO TERM: ❑ BOCC AGENDA ITEM (Grants, IGA) ® STAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) (Per Revised Procurement Code 7/2005) ❑ OVER$50,000(Requires Section Leader& County Manager's Signature) ✓ CHECK PROCUREMENT TYPE: ❑ None ❑ Informal ® Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency/State Bid ❑ Compliance with C.R.S. 8-17-5-101, 102 as amended (Immigration Form) ❑ Exempt ❑ Contract Renewal ✓ CHECK CONTRACT TYPE: ❑ Services/Maintenance ❑ Employment ❑ License/Use ❑ Intergovernmental Agreement(Resolution Required) ❑ Lease ❑ Non-Profit ❑ Construction ❑ Quasi-Public (e.g.-AVH) ❑ Goods, Equipment, Supplies ❑ Grant Agreements (Notify Finance & Resolution Required) ❑ Other(e.g. revenue) ❑ Change Order/Contract Amendment (C/O: 10%or$25K whichever is the lesser must have County Manager signature) All Contracts should be proofed and all exhibits and notices must be attached for the following: ✓ ❑ No Pages Missing in All Other Blanks Filled In ✓ ❑ If Page Left Intentionally Blank—Note on Page ✓❑ All Exhibits Attached ✓ ❑ Page numbered consecutively ✓❑ All Legal Descriptions attached (if applicable) ✓ ❑ All Original Signatures Affixed ✓❑ Notice of Award/Notice to Proceed Attached(if applicable) ✓ ❑ All Dates Filled In ✓❑ Warranty (if applicable) ✓ ❑ Special Instructions for Finance Department: ✓ ❑ Authorized Procurement Officer's Name: BY CHECKING ABOVE AND ENTERING NAME,THE AUTHORIZED STAFF PERSON INDICATES THAT THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST! • 1 Contract# 110-2014 Rep. 3/19/201461 Budget Line Item # 110.21.92400.86500 5. Pitkin County's Obligations. Pitkin County shall administer this contract through a County Representative appointed by the County Manager. The services provided and products delivered by the Contractor under this contract will be subject to review by the County's Representative, or a designee, for compliance with Contractor's obligations prior to final payment. 6. Termination Prior to Expiration of Contract Term. The County has the right to terminate this contract, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective date of such termination. In such event all finished or unfinished doetunents, data, studies and reports prepared by the Contractor pursuant to this contract shall become the County's property. Contractor shall be entitled to receive compensation in accordance with the contract for any satisfactory work completed pursuant to the terms of this contract prior to the date of termination. Not withstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the Contractor. 7. Independent Contractor Status, A. The parties to this contract intend that the relationship between them contemplated by the contract is that of independent contractor. Contractor, and any agent, employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County. B. Contractor is not required to offer services exclusively to Pitkin County under this contract. Contractor may choose to work for other individuals or entities during the term of this contract, provided that the basic services and deliverable products required under this contract are submitted in the manner and on the schedule defined under this contract, C. Contractor warrants that all work produced will conform to all applicable industry standards of care, skill and diligence in the performance of Contractor's obligations under this contract. D. Contractor is not entitled to any Workers' Compensation benefits through Pitkin County and is responsible for payment of any federal, state, FICA and other income taxes. 8 Assignability. This contract is not assignable by either party. Any use of subcontractors by the Contractor for performance of this contract must be accepted in writing by the County. 9. Binding Arbitration. Any disputes arising out of this contract shall be subject to binding arbitration. The parties agree that any disputes concerning the terms and conditions of this contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association and shall be presided over by Tim McFlynn (first. choice) or Jim Moran (second choice), or if neither is available, a mutually agreeable neutral arbitrator. Costs of the arbitration shall be awarded to the substantially prevailing party. 2 • Contract N 110-2014 Rev. 3/19/2014/8 Budget Line Itein# 110.21.92400.86500 10. Severability. In the event that any provision of this contract shall be held to be invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding upon the parties hereto. 11. Integration and Modification. A. This contract represents the entire and integrated contract between the County and the Contractor and supersedes all prior negotiations, representations, or contract, either written or oral. This contract may be amended only by written contract signed by both the County and the Contractor. B. The County may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon between the County and the Contractor,shall be in writing and upon execution shall become part of this contract. 12. Indemnity. A. The Contractor agrees to indemmity, hold harmless and,not excluding the County's right to participate, defend the County, its subsidiary, parent,associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers, engaged in action on behalf of the County in connection with this contract, hereinafter referred to as indemnitee, from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to confonn to any statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials; trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. Provided, however, that such indemnity shall not be construed as an indemnity for bodily injury or property damage arising from the sole negligence of the County or its employees. B. The Contractor.fiuther shall investigate, process, respond to, adjust, provide defense for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. 13. Insurance. Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in 3 Contract# 110-2014 Rev. 3/19/2014/j1 Budget Line Item # 110.21.92400.86500 2. Terminate the subcontract with the subcontractor if within three days of receiving the required notice the subcontractor does not stop employing or contracting with the illegal alien; except that the contractor shall not terminate the contract with the subcontractor if 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 department made in the course of an investigation that the department is undertaking pursuant to C.R.S. 8-17.5-102(5). IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. CONTRACTOR: Mitchell and Company,LLC, Carbondale, Colorado By: -PJ,l i ell et 3 3( ?Alt(_.._ sin Charters Date PITKIN COUNTY, COLORADO: By:—. / 2 /3 T (� 13y: `- • 3 t (1G ou enresentative / Date Phylis ttice, Assistant County Manager Date John Loyd, Chief Technology Officer By: 14 (l/✓ 3 1 t� By: / Da ..2/e-7 pp an, isk Management Date Jon Peacock, County Manager Date cafs 8 Contract# 110-2014 Rev. 3/19/1014/8 Budget Line Item # 110.21.92400.86500 Attachment: Exhibit A, First Statement of Work To complete the below items as described Mitchell and Company(MaC)will bill for actual time required to complete the work, not to exceed $5,000 in total. Discovery Phase 1. Conduct an Inventory of servers, switches, firewalls and other network-connected devices that comprise the core of the Public Safety Network (exclusive of printers, workstations,etc.). 2. Create a network map that shows the physical connections between the devices inventoried, to include IP address assignments. 3. Make recommendations for tools to assist staff in maintaining an accurate network map going forward. 4. Identify the servers and their applications that are candidates for virtualization and, working with staff,prioritize the candidate list. 5. Conduct an evaluation of available virtualization solutions with recommendations based on Pitkin County's current and future needs as identified in collaboration with staff. 6. Create detailed recommendation of hardware and software platforms needed to implement the selected virtualization solution. Phase 1 will be accomplished by using a number of MaC consulting resources and utilizing tools that MaC invested in including the use of a network probe from N-able (www.n-able.com) to initiate a discovery and complete inventory of all assets on the network. This probe discovery technique collects all the granular details of the desired devices in order to create a complete inventory of all machines in use at Public Safety and can be extended to include the rest of Pitkin County if desired. This inventory per device will include an Asset Summary(including warranty detail)along with specifics to include: a. Computer System b. Processor c. Memory d. Motherboard e. BIOS f. Video Controller g. Network Adapters h. Logical Drives i. USB Devices j. Physical Drives k. Printers 1. Ports m. Operating System n. Services o. Patches p. Applications q. OS Features 9 Contract 11 1 10-20 14 Rev. 3/19/201441 Budget Line Rein# 1 10.21.92400.86500 Create a Visio diagram for visual reference and make recommendations for a process to keep this diagram up-to-date. Create a matrix of server assets and work with County employees to create a viable virtualization candidate and prioritization list with recommended implementation schedule. Make recommendations for the appropriate platforms (both hardware and virtualization software) best suited for the County's needs. 10 A ATP DATE(NA1NDlYYYY) CERTIFICATE OF LIABILITY INSURANCE R095 3/11/2014 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATIONIS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME; WELLS FARGO INS INC/PHS MSC • NC.Ia.ENS (866) 967-8730 P ,No): (888) 993-6112 715776 P: (866) 467-8730 F: (888) 443-6112 nDOeSS: PO BOX 29611 INSURER(S)AFFORDING COVERAGE tints CHARLOTTE NC 28229 INSURER A: Sentinel Ins Co LTD INSURED INSURER B: • INSURER C: MITCHELL & CO LLC INSURER I) PO BOX 760 INSURERE: • CARBONDALE CO 81623 INSURERF: COVERAGES • CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER AJIJCYNUMBER POLICY LET POLICY LEP LIMITS I FR INSR WED (AIADTINYYTH IMMIDDryryp COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 51, 000, 000 CLAIMS-MADE I n (OCCUR DAMAGE TO RENTED $1, 000, 000_ occurrence)PREMISES(Ea occunce) A X General Liab • 41 SBA N09252 01/01/2014 01/01/2015 MEDEXP(Anyoneperson) 510, 000 • PERSONALLADV INJURY 51, 000, 000 - — GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 52, 000, 000 I POLICY( ECT © LOC PRODUCTS-COMPIOP AGG 52, 000, 000 (OTHER: AUTOMOBILE UABILITY COMBINED SINGLE LIMIT 51 000 000 (Ea accident) / / ANY AUTO • • BODILY INJURY(Per person) $ A ALLOWNED SCHEDULED 41 SBA N09252 01/01/2014 01/01/2015 BODILY INJURY(Per accident) $ AUTOS AUTOS _ X HIRED Al1T05 X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) 5 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 51, 000, 000 A EXCESSUAB CLAIMS-MADE 41 SBA N09252 01/01/2014 01/01/2015 AGGREGATE 51, 000,000 CEO X !RETENTIONS 10,000 5' HURLERSCOMPEPSIUON • -PER I I0TH- ENDEMPLOYERSLIAB/LI1Y • _STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE `ON E.L.EACH ACCIDENT 5 • OFFICER/MEMBER EXCLUDED? yA — (mandatory/n NH) ❑ • E.L.DISEASE-EA EMPLOYEE If yes.describe under $ DESCRIPTION OF OPERATIONS below E.L.OISEABE.POLICY LIMIT A Technology EGO 41 SBA NO9252 01/01/2019. 01/01/2015 1,000,000/2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If mom space Is required) • Those usual to the .Insured's Operations. CERTIFICATE HOLDER • CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Pitkin County r BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE y DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Board of County Commissioners AUTHORIZED REPRESENTATIVE 530 E MAIN ST # 3RD FLOOR ASPEN, CO 81611 ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD • • • • • WELLS FARGO INS INC/PHS MSC PO BOX 29611 CHARLOTTE NC 28229 MITCHELL & CO LLC PO BOX 760 CARBONDALE CO 81623 • I I ACORD 25(2014101) • ABC ATP DATE CMMroD/YYYY •CERTIFICATE OF LIABILITY INSURANCE R095 3/11/2014 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policy(Ies)must be endorsed. If SUBROGATIONIS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: WELLS FARGO INS INC/PHS MSC (P E . (866) 467-8730 FAX INC. (888) 443-6112 • • 715776 P: (866) 467-8730 F: (888) 443-6112 =Em PO BOX 29611 INSUREIMSI AFFORDING COVERAGE NANO CHARLOTTE NC 28229 INSURERA: Sentinel Ins Co LTD INSURED INSURER B: INSURER C: MITCHELL & CO LLC INSURERO: PO BOX 760 INSURER E: CARBONDALE CO 81623 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADD SURF POLICY NUMBER POLIO Y£LF POLICY EXP LIMITS ITR ,LNSR NYD (MM/INU T EM IMM/DD/YYY)) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1, 000, 000 CLAIMS-MADE II OCCUR DAMAGE TO RENTED $1, 000, 000 PREMISES(Ea occurrence) A X General Liab 41 SBA N09252 01/01/2019 01/01/2015 MEDEXP(Any one person) a0, 000 PERSONAL&ADV INJURY $1, 000, 000 GENII_AGGREGATE LIMIT A�PPLIES PER: GENERAL AGGREGATE $2, 000, 000_ �1POLICY PER6I I LOC PRODUCTS•COMP/OP AGG $2, 000, 000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1, 000, 000 accident)adent) - ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED 91 SBA N09252 01/01/2019 01/01/2015 BODILY INJURY(Par avant) $ AUTOS AUTOS X HIRED AUTOS X NON-0NNED PROPERTY DAMAGE AUTOS (Per accident) $ X UMBRELLA LAB X OCCUR EACH OCCURRENCE $1, 000, 000 A EXCESS LAB CLAIMS-MADE 91 SBA N09252 01/01/2019 01/01/2015 AGGREGATE $1, 000, 000 owl X RottmanS 10,000 $ HURLERS COMP£M1nON IPER TE I IER AND£MPLOIERS'IIAN/iTT ANY PROPRIETORPARTNERIEXECUTNE YIN EL-EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) ❑ NA E.L.DISEASE-EA EMPLOYEE $If yes,describe under $ E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS below A Technology ESO 91 SBA 1409252 01/01/2014 01/01/2015 1,000,000/2,000,000 DESCRIPTION OF OPERATIONS/LOCA IONS/VEHICLES(ACORD 101,Additional Remarks Scheds.,may be attached F more space Is required) Those usual to the Insured' s Operations. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE Pitkin County DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Board of County Commissioners AUTHORIZED REPRESENTATIVE • 530 E MAIN ST # 3RD FLOOR 7a-_ 7ec/L-- ASPEN, CO 81611 01988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD WELLS FARGO INS INC/PBS MSC PO BOX 29611 CHARLOTTE NC 28229 Pitkin County Board of County Commissioners 530 E MAIN ST # 3RD FLOOR ASPEN CO 81611 I I ACORD 25(2014/01)