HomeMy WebLinkAboutN Harris Computer Systems; 2011-04-04; UTIL808UTIL808
AGREEMENT FOR HARRIS MVRS MODULE IMPLEMENTATION SERVICES
(N HARRIS COMPUTER SYSTEMS)
THIS AGREEMENT is made and entered into as of the *+ day of
Apr i I , 2011, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and N HARRIS COMPUTER SYSTEMS, an Ontario, Canada corporation,
("Contractor").
RECITALS
City requires the professional services of a technology vendor that is experienced in
configuring the MVRS Module for the Harris Utility Billing system used by the City. Contractor
has the necessary experience in providing these professional services, has submitted a
proposal to City and has affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. Scope of Work. City retains Contractor to perform, and Contractor agrees to render,
those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this
reference in accordance with the terms and conditions set forth in this Agreement.
2. Term. This Agreement will be effective for a period of one (1) year from the date first
above written.
3. Compensation. The total fee payable for the Services to be performed will be one
thousand five hundred dollars ($1,500) as outlined in Exhibit "A". No other compensation for the
Services will be allowed except for items covered by subsequent amendments to this
Agreement. City reserves the right to withhold a ten percent (10%) retention until City has
accepted the work and/or the Services specified in Exhibit "A."
4. Status of Contractor. Contractor will perform the Services as an independent contractor
and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor
will be under the control of City only as to the results to be accomplished.
5. Indemnification. Contractor agrees to indemnify and hold harmless the City and its
officers, officials, employees and volunteers from and against all claims, damages, losses and
expenses including attorneys fees arising out of the performance of the work described herein
caused by any negligence, recklessness, or willful misconduct of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that
this section will survive the expiration or early termination of this Agreement.
6. Insurance. Contractor will obtain and maintain policies of commercial general liability
insurance, automobile liability insurance, a combined policy of workers' compensation,
employers liability insurance, and professional liability insurance from an insurance company
City Attorney Approved Version 9.22.10
authorized to transact the business of insurance in the State of California which has a current
rating in the Best's Key Rating guide of at least A-:VII OR with a surplus line insurer on the State
of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key
Rating Guide of at least "A:X", in an amount of not less than one million dollars ($1,000,000)
each, unless otherwise authorized and approved by the City Attorney or the City Manager.
Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written
as claims-made coverage. The insurance will be in force during the life of this Agreement and
will not be canceled without thirty (30) days prior written notice to the City by certified mail. City
will be named as an additional insured on General liability. Contractor will furnish certificates of
insurance to the Contract Department, with endorsements to City prior to City's execution of this
Agreement.
7. Conflict of Interest. City will evaluate Contractor's duties pursuant to this Agreement to
determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code
is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it
be determined that disclosure is required, Contractor or Contractor's employees, agents, or
subcontractors will complete and file with the City Clerk those schedules specified by City and
contained in the Statement of Economic Interests Form 700.
8. Compliance with Laws. Contractor will comply with all applicable local, state and federal
laws and regulations prohibiting discrimination and harassment and will obtain and maintain a
City of Carlsbad Business License for the term of this Agreement.
9. Termination. City or Contractor may terminate this Agreement at any time after a
discussion, and written notice to the other party. City will pay Contractor's costs for services
delivered up to the time of termination, if the services have been delivered in accordance with
the Agreement.
10. Claims and Lawsuits. By signing this Agreement, Contractor agrees it may be subject to
civil penalties for the filing of false claims as set forth in the California False Claims Act,
Government Code sections 12650, et seq.. and Carlsbad Municipal Code Sections 3.32.025, et
seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the
City of Carlsbad to terminate this Agreement.
11. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the
State Superior Court, San Diego County, California.
12. Assignment. Contractor may assign neither this Agreement nor any part of it, nor any
monies due or to become due under it, without the prior written consent of City.
13. Amendments. This Agreement may be amended by mutual consent of City and
Contractor. Any amendment will be in writing, signed by both parties, with a statement of
estimated changes in charges or time schedule.
City Attorney Approved Version 9.22.10
14. Authority. The individuals executing this Agreement and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
N HARRIS COMPUTER SYSTEMS, an
Ontario, Canada corporation
"By:
CITY OF CARLSBAD, a municipal
corporation of the State of California
By:
(sign here)
(print name/title)
/
e/ti
Lye era.
'By:
City Manager or Mayor or Director
ATTEST:
~\/ "-?___ ~-£kA-*Mj
LORRAINE M. WOOD fl '
City Clerk U
me/tij/(e)
If required by City, proper notarial acknowledgment of execution by contractor
attached. If a Corporation. Agreement must be signed by one corporate officer from each
following two groups.
*Group A.
Chairman,
President, or
Vice-President
"Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R.;y Attorney
"Jlepfcrty City Attorney
City Attorney Approved Version 9.22.10
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
The following is the statement of work for the City of Carlsbad Upgrade to patch 57 weekend
work. This SOW constitutes the Work Plan.
N. HARRIS COMPUTER SYSTEMS PROJECT RESPONSIBILITIES
Harris' general responsibilities include the following:
• Upgrade to patch 57 on some yet to be scheduled weekend in February, March, or April
2011.
• Apply patches to PUBS and make any necessary fixes or changes to mCare, eCare,
whether they are deemed critical "show-stopper" or minor errors.
• Provide a designated Harris-Northstar employee as a primary point of contact on the
designated weekend day from the hours of 6:00am to 2pm Pacific Time.
• Provide the City of Carlsbad with a phone contact number.
CITY OF CARLSBAD PROJECT RESPOSIBILITIES
• Provide a City of Carlsbad Project Manager as the primary point of contact on the
weekend day specified from the hours of 6:00am to 2:00pm Pacific Time.
• Provide Harris-Northstar with a phone contact number.
• Provide support for the Harris-Northstar point of contact to upgrade patch 57.
• Oversee testing and successful upgrading of patch 57. Report any failures to mCare,
eCare to the Harris Northstar point of contact and assist with any fixes necessary to the
systems.
SUMMARY OF PRICING
The upgrade to patch 57 on some yet to be scheduled weekend in February, March, or April
2011 has a fixed price of $1,500.00.
Payment Terms:
• The full balance for the work is due upon receipt of the invoice.
ACCEPTANCE CRITERIA
City will consider the upgrade to patch 57 accepted when:
• Patch 57 is successfully installed to Harris Live System.
• Billing System, eCare, and mCare are all working properly.
• All potential fixes have been completed to satisfaction.
City will have thirty (30) days for acceptance testing, during which time reported issues will be
resolved at no charge provided they are part of the scope of work.
All changes or issues reported after thirty (30) days will be considered billable, unless a prior
arrangement or extension to the acceptance period is made.
1 Antares Drive, Suite 400
Ottawa, Ontario, Canada K2E 8C4
Tel: (613) 226-5511
Fax: (613) 226-3377
www.northslarutilities.com
Date: Januarys, 2011
Customer: Carlsbad, City Of CA
Attention: Nancy Amano
Below is our estimate, based on the requirements defined. Should additional time be required to
complete this project, you will be notified and asked for your approval in advance of Harris completing the
incremental work.
TrackerlD: (Call 715948)
Description of Work: Upgrade to patch 57 on some weekend in Feb, March or April. Apply patches to
PUBS and any changes to mCARE, eCARE.
Department: NS-Support
Total Cost: $1500.00
It is the responsibility of the customer to review the detailed specifications for modification requests prior
to approving any quote. This can be done via the Harris Support website @ support, harriscomputer. com
If you have any questions or concerns regarding the specifications please notify me for further
clarification.
To proceed with this request, we require your written approval. Once received, we will confirm receipt
and provide you with an estimated date of completion. This pricing is available for thirty (30) days from
the date of this document. Upon delivery of a customization, please note that clients will have thirty (30)
days for acceptance testing, during which time reported issues will be resolved at no charge provided
they are part of the original scope of work. All changes or issues reported after thirty (30) days will be
considered billable, unless a prior arrangement or extension to the acceptance period is made.
Any quotation in excess of $5000 will require a 50% deposit before any work will begin. The full balance
for the work is due upon receipt of the invoice. The modification will be billed to your organization upon
installation to your test environment. We warranty the work for a full 30 days after promotion to your
production environment to correct any identified issues or software defects.
A signature below will serve as authorization to proceed with this quotation. Please sign and return this by
fax to: 613-482-4874. If you have any questions or need further information, please feel free to contact
Gen Hollingsworth, Support Analysts at ghollingsworth@northstarutilities.CQm, or by phone at
613.226.5511 ext 2129. Gen will ensure your question is forwarded to the appropriate resource.
If you do not wish to proceed with this work, please advise us and we will update our records accordingly.
Sincerely,
Genevieve Hollingsworth
Support Analyst
1 Antares Drive, Suite 400
Ottawa, Ontario, Canada K2E 8C4
Tel: (613) 226-5511
Quotation Accepted. Please provide both an authorized signature for sign off on this quotation, and a
techwkjatefl»Ettacti!«sd3e0e we should be directing Technical Issues.
Print Name (Authorized signature)
Name (Technical Contact)
Signature Date
e-mail Phone Number