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HomeMy WebLinkAboutN Harris Computer Systems; 2013-03-20;AGREEMENT FOR HARRIS MVRS MODULE IMPLEMENTATION AND EXTRA MODULE SERVICES N. HARRIS COMPUTER SYSTEMS THIS AGREEMENT is made and entered into as of the _ day of tAtXrcJ^ , 20i3_, by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, ("CMWD"), and N. Harris Computer Systems, an Ontario, Canada Corporation, ("Contractor"). RECITALS CMWD requires the professional services of a technology vendor that is experienced in providing configuring the MVRS Module for the Harris Utility Billing system and provide extra modules 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 CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibits "A," "B" and "C" 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 30 days from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be Three Thousand Nine Hundred dollars ($3,900.00). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or the Services specified in Exhibits "A," "B" and "C." 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 CMWD. Contractor will be under the control of CMWD only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD 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. General Counsel Approved Version 2/17/12 The parties expressly agree that any payment, attorney's fee, costs or expense CMWD incurs or makes to or on behalf of an injured employee under the CMWD'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 eariy 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 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-:VH 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 Risk Manager or the Executive 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 CMWD by certified mail. CMWD will be named as additional insured on General Liability which shall provide primary coverage to CMWD. Contractor will furnish certificates of insurance to CMWD with endorsements to CMWD, prior to CMWD's execution of this Agreement. 7. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 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 Carisbad Business License for the term of this Agreement. 9. TERMINATION CMWD or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. CMWD will pay Contractor's costs for services delivered up to the time of termination, ifthe 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 Carisbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. 11. JURISDICTIONS AND VENUE 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 CMWD. General Counsel Approved Version 2/17/12 13. AMENDMENTS This Agreement may be amended by mutual consent of CMWD and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 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 By CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carisbad By: (sign here) (print name/title) T^tssistafif City Manager o>SSjri^''''> ATTEST: f/^^ (sign here (print name/title) Secretary 7 If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the 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: CELIA BREWER, General Counsel ... JQf.J^ Assistant General Qoui ounsel General Counsel Approved Version 2/17/12 1 Antares Drive, Suite 400 Ottawa, Ontario, Canada K2E 804 Tel; (613) 226-5511 Fax: (613) 226-3377 www.northslarirti I iii es.com Date: January 6, 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. Tracker ID: (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 Hams Support website @ support, harriscomouter 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 $5000 will require a 50% deposit before any work will begin. The full balance for the work is due upon receipt ofthe Invoice. The modification will be billed to your organization upon installation to your test environment. We warranty the work for a full 30 days after promotion to your production environment to correct any identified Issues or software defects. A signature below will serve as authorization to proceed with this quotation. Please sign and return this by fax to: 613-482-4874. If you have any questions or need further information, please feel free to contact Gen Hollingsworth, Support Analysts at qhollinqsworth@northstarutilities.com. or by phone at 613.226.5511 ext 2129. Gen will ensure your question is forwarded to the appropriate resource. If you do not wish to proceed with this work, please advise us and we wiil update our records accordingly. Sincerely, Genevieve Hollingsworth Support Analyst 1 Antares Drive, Suite 400 Ottawa, Ontario, Canada K2E 804 Tel: (613)226-5511 Quo^tlon^kcxeWed. Piease provide both an authorized signature for sign off on this quotation, and a technioeianiintaotjfiidsjera we should be directing Technical Issues. Print Name (Authorized signature) Name (Technical Contact) Signature Date e-mai Phone Number 1 Antares Drive, Suite 400 Ottawa, Ontario, Canada K2E 8C4 Tel: (613) 226-5511 Fax: (613) 226-3377 www.north$tarutilities.com Date: October 17, 2012 Customer: city Of Carlsbad 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. Tracker ID: NS-30103 / Call 957983 Description of Work: Create new 4gl Screen for Import of data from csv file into pu_mvrradio_wand table. Department: NS-Support Total Cost: $2000.00 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, harriscomouter. 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 Analyst at qhollinqsworth(3>northstarutilities.com , or by phone at 613.226.5511 ext 2129. Gen will ensure your question is fonivarded 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 Quotation Accepted. Please provide both an authorized signature for sign off on this quotation, and a technical contact where we should be directing Technical Issues. Print Name (Authorized signature) Signature Date Name (Technical Contact) e-mail Phone Number a division of Harris Computer Systems 1 Antares Drive, Suite 400 Ottawa, Ontario, Canada K2E 804 Tel: (613)226-5511 Fax: (613) 226-3377 www.northstarutilities.com Date: December 19, 2012 Customer: city of Carlsbad 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. Tracker ID: Call 979609 Description of Work: Modify the Special Program MVR Radio Wand Utility program to pick up the read type from the csv upload file. Department: NS-Support Total Cost: $400.00 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, harriscomouter. 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 wili 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 Analyst at qhollinqsworth(5).northstarutilities.com , 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 Quotation Accepted. Please provide both an authorized signature for sign off on this quotation, and a technical contact where we should be directing Technical Issues. Print Name (Authorized signature) Signature Date Name (Technical Contact) e-mail Phone Number a division of Harris Computer Systerr