HomeMy WebLinkAboutContract 43341-T1FORT WORTH.
October 30, 2013
5 City Secretary l [�
Contract No _AD4J - �...
CIBER, Inc.
6363 S Fiddler's Green Circle
Suite 1400
Greenwood Village, Colorado 80111
Re: Notice of Termination for Convenience of the Professional Services Contract
between the City of Fort worth, Texas ("City"), and Ciber, Inc. ("Ciber"), dated on
or about June 20, 2012, identified and recorded as City Secretary Contract
("CSC') No. 43341
Mr. Batson:
Pursuant to Section 4.1 of the above referenced Contract, CSC No. 43341, (the "Contract"), the
City is hereby providing sixty (60) days written notice of termination of the Contract. The
Contract will effectively terminate on December 30, 2013. This termination will release both
parties of any and all obligations under the Contract, except as to those obligations set forth
herein in this termination notice, those obligations which have accrued as of the effective date of
termination, and those which survive such termination.
As required by Section 4.1 of the Contract, Termination For Convenience Upon Written Notice,
the fixed fee deliverables the City desires Ciber to complete are indicated below. The City
anticipates that all of these deliverables identified below, with the noted exclusions, should be
completed before the effective termination date of the Contract. The City has identified the
following fixed fee deliverables in consideration for completion by Ciber:
• Independent Validation & Verification Review - Technical Architecture Design (WP36);
• Communication Plan Content (WP76);
• Business Process Change Impact Assessment (WP49);
• Initial Software Configuration Documentation (v1/P63), exclusive of Project Costing and
Grants and to specific points of configuration as agreed to between the City and Ciber;
• Configuration and Unit Test Plan (WP32), exclusive of Project Costing and Grants;
• Review of Relevant Functional Specifications (WP58), for those functional specifications
that are agreed upon;
• Documented Business Process Designs (WP29), exclusive of Project Costing, Grants,
and Contracts;
• Functional Specifications for Design of Interfaces, Conversions, and Enhancements
(WP34) for those functional specifications that are agreed upon between the City and
Ciber for completion;
• Change Readiness Assessment (WP46), exclusive of activities for survey administration,
results analysis, and action planning;
CITY MANAGER'S OFFICE
CITY t)I' FORT WOIRm • 1000 THROCKMORTON STREET - FORT WORTH, TEXAS 76102
817-392-6111 • Fxx 817-392-6134
0 Printed on r"ydrd paper
• Cultural Change Management Plan (WP44), exclusive of activities for stakeholder needs
assessment and Cultural Change Management Plan development; and
• Process Design Review (WP57).
For those deliverables identified as having excluded portions or part of the anticipated scope
delivered, the City and Ciber have assessed and agreed upon the payment amounts as
included in the attached Deliverable Completion Reporting Table.
Additionally, the City has identified the following areas where the responsible Ciber consultants
shall focus on wrap up activities with their City counterparts, for example, location and update of
project documents on PMRx, status of activities, and any required updates to tracking tools
(such as Set Up Manager, Decision Log, and Issues Log) with the expectation that such
activities will be completed as rapidly as possible, but no later than October 30, 2013:
• Project Costing and Grants Management Modules
• Cash Management and Treasury Module
• Technical Development Activities
• Technical Lead Activities
Ciber team members outside of those listed above will work on the identified deliverables and
complete the wrap up activities with their City counterparts, for example, location and update of
project documents on PMRx, status of activities, and any required updates to tracking tools
(such as Set Up Manager, Decision Log, and Issues Log) to correspond with the timing of the
completion of their respective deliverables per the completion of the attached table.
In accordance with Section 14 of the Contract, the parties acknowledge and agree that
acceptance of the terms and conditions herein as evidenced by execution of the attached
Acceptance Form, hereby effectively amends the Contract to remove the prohibition against
hiring and solicitation of employees as set forth therein in Section 14, and further that Ciber
agrees to allow immediate direct discussions between the City and all subcontractors and to
immediately remove any separate contractual prohibitions against all subcontractors from
providing services to and/or contracting directly with the City.
In addition, Ciber will ensure the City has access to the project PMRx site until the effective
termination date of the Contract and provide all documentation and data from the project PMRx
site in a format that can be imported into a Microsoft SharePoint site.
In accordance with Section 6 of the Contract, Right to Audit, the City has the right of access to
and the right to examine all directly pertinent books, documents, papers, and records, including
electronic records, of Ciber and any of Ciber's subcontractors who provided services under the
Contract, involving transactions related to the Contract for a minimum of 3 years after the
expiration of the final payment under the Contract. Ciber shall retain all such records and ensure
that any subcontractor who provided services to the City under the Contract retains such
2
records for purposes of this Section. Any audits conducted by the City pursuant to Section 6 will
be at no additional cost to the City. The City will provide Ciber with reasonable advance notice
of any intended audits.
In accordance with Section 4 of the Contract, the City will release all applicable retainage, in the
amount of $170,771, upon completion and acceptance of the remaining deliverables.
If you agree to the terms and conditions set forth in this letter, please execute the attached
Acceptance Form and return the form to the City by 4:30pm CDT on November 1, 2013.
Please contact me if you have any questions regarding this notice of termination.
Sincerely,
ti
Sus n Alanis
stant City Manager
cc: Ciber Legal Department
Maleshia B. Farmer, Sr. Assistant City Attorney
3
Deliverable Completion Reporting Table
WP DDD
WP Description
Final Billing
Number Number
Amount
36 10
Independent Validation and Verification
$ 31,516
Review — Technical Architecture Design
76 15
I Communication Plan Content I
$ 29,783
49 28
I Business Process Change Impact I
$ 27,010
Assessment
Initial Software Configuration
Documentation, exclusive of Project
63 30
Costing and Grants and to specific
$ 328,899
points of configuration as agreed to
between the City and Ciber
32 30
I Configuration and Unit Test Plan,
$ 24,041
exclusive of Project Costing and Grants
58 22
` Review of Relevant Functional I
$ 51,640
Specifications
29 18
I Documented Business Process Designs I
$ 113,094
Functional Specifications for Design of
Interfaces, Conversions, and
34 22
Enhancements, for specifications that
$ 250,000
are agreed upon between the City and
Ciber for completion
Change Readiness Assessment,
46 27
exclusive of activities for survey
$ 13,865
administration, results analysis, and
action planning
Cultural Change Management Plan,
44 27
exclusive of activities for stakeholder
$ 24,268
needs assessment and Cultural Change
management Plan development
57 18
I Process Design Review
$ 12,065
47 27
Organizational Analysis for Finance and I
$ 157,583
Procurement Functions
Total for Deliverables
$1,063,764
Total for Time and Materials
$ 115,216
Total due to Ciber
$1,178,980
All work products in the list above will be completed by November 7, 2013.
4
ACCEPTANCE FORM
November 1, 2013
Susan Alanis
Assistant City Manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Re: Acceptance of Terms and Conditions as set forth in the City's Notice of
Termination for Convenience of the Professional Services Contract between the
City of Fort worth, Texas ("City"), and Ciber, Inc. ("Ciber"), identified and
recorded as City Secretary Contract ("CSC") No. 43341
Ms. Alanis:
As evidenced by my signature below as an authorized representative of Ciber with the legal
authority to act on Ciber's behalf, Ciber hereby acknowledges, accepts and agrees to the terms
and conditions set forth in the City's notice of termination dated October 30, 2013, which will
effectively terminate the Contract on December 30, 2013.
ACCEPTED AND AGREED:
Ciber, Inc.:
By:
Chri atson
Sr. Vice President, North American
Finances and Operations
Date: - 31— ( Q)
cc: Maleshia B. Farmer, Sr. Assistant City Attorney
Mary J. Kayser, City Secretary
City of Fort Worth:
By:
52!���, 0&�,
Susan`Xlanis
Assistant City Manager
Date:
5