HomeMy WebLinkAboutContract 38067+,CLOG\*#S,
Statement of Work for Consulting Services
Prepared for City of Fort Worth, 0812912008
CITY SECRETARV
coNTRAOT NO
Statement of Work: System Implementation
This agreement is between the City of Fort Worth ("Client"), 1000 Throckmorton Street, Suite 202,
Fort Worth, TX 76102 and KS2 Technologies, Inc. ("KS2"), 1020 Mustang Dr. Grapevine, TX. The
services to be performed by KS2 Technologies Inc. as detailed in this Statement of Work ("SOW") will
constitute the agreement of the parties with respect to the services to be provided by KS2
Technologies hereunder.
Scope of Work
KS2 will provide the services to install a new IBM System i Model 525 with responsibilities as detailed
below.
KS2 Responsibilities
• Conduct a planning meeting with the Client to develop detailed schedule.
• Provide physical specifications and requirements for the servers and other equipment.
• Install the HMC to support the server.
• Install the server and associated equipment in proper order and location and ensure that the
equipment is functioning.
• Partition the server to support the production and development environments.
• Install appropriate level of i5/OS (performing a "prior -release" upgrade from V5R2 to V5R4)
and required IBM licensed programs.
• Create test production environment.
• Migrate data and applications from the existing IBM models 810 and 720 to the
corresponding partitions.
• Provide basic training on the use of partitioning and of the HMC.
Client Responsibilities
• Participate in a planning meeting to develop detailed schedule.
• Provide physical space for the servers.
• Provide power connections required for new servers.
• Contact 3rd party software vendors to obtain:
• Software keys,
• PTFs
• Manage problem reporting and problem resolution activities with all vendors.
• Provide access by KS2 personnel to the new server and passwords and facilities as required
to complete all tasks.
• Provide primary point of contact that will be available to provide information and decisions
related to the engagement in a timely manner.
• Provide workspace for KS2 staff and any necessary facilities for meetings, discussions, and
demonstrations.
• Provide all necessary connectivity, including internet access, to networks or applications as
required to fulfill the roles and responsibilities outlined above.
Any activities or deliverables not explicitly addressed in this SOW are considered "out of scope" and,
therefore, are not included in the services described herein.
OFFICIAL RECORD
CITY SECRETARY
FT,
WORTH, TX
Printed on 12/11/2008
Project Budget
This is a fixed cost engagement priced at $20,000. Payment is due in full at commencement of
project.
Out of scope work performed by KS2 personnel will be invoiced on an hourly basis at the rates stated
below. These hourly rates are effective for a period of 12 months from the execution date of this
agreement.
Rate
Managing Partner / Director $175/hour
Sr. Developer/System Administrator $150/hour
General Terms
All payments are due net thirty (30) days from the invoice date. If any invoice is over ninety (90) days
late, KS2 may suspend further performance of any and all duties and obligations under this
Agreement or as specified in the SOW until all outstanding invoices are paid in full, provided that KS2
first provides written notice to Client of its suspension of this Agreement. This agreement is not valid
if authorized more than thirty (30) calendar days than the date printed on the bottom of this document.
During the period this Agreement, as defined in the SOW, and for a period of twenty four (24) months
thereafter, each party (both Client and KS2) agree it will not, without the prior written consent of the
other party, solicit the employees or agents of the other party for the purpose of offering them
employment, retain an employee or agent of the other party, or interfere with the current employment
of any employee of the other party, which provision will not apply for any employee who responds to
an openly published solicitation for employment.
Limitation of Liability
Each party and its affiliates' entire and collective liability arising out of or relating to this Agreement or
the performance of the services hereunder, regardless of the form of action, whether in contract, tort,
statute or otherwise, shall not exceed the total amount paid for services rendered under this
agreement up to a cap of one million dollars ( $1,000,000) with an annual aggregate of one million
dollars ( $1,000,000 ). BOTH PARTIES FURTHER AGREE THAT NEITHER PARTY NOR ITS
AFFILLIATES WILL BE LIABLE TO THE OTHER OR ITS AFFILIATES FOR ANY CONSEQUENTIAL,
INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, LOST PROFITS,
LOSS OF BUSINESS OR ANTICIPATORY PROFITS, EVEN IF A PARTY OR ITS AFFILIATES
HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING NOR FOR
ANY CLAIM OR DEMAND AGAINST THEM BY ANY THIRD PARTY.
Warranties
KS2 warrants that the services performed under this Agreement ("Work Product") shall be completed
in a professional manner, by qualified personnel, and in conformity with generally accepted standards
within KS2's industry. KS2 warrants that it will perform the services and prepare Work Product in all
material respects in accordance with the requirements set forth in this Agreement, or as set forth in
specifications mutually agreed upon by the parties.
KS2 warrants that it will use best efforts to complete the services in accordance with the time frames
and milestone dates set forth this agreement. KS2 does not warrant that any software provided or
implemented under this agreement will perform uninterrupted or error free.
Printed on 12/11/2008 2 of 3
NEITHER PARTY MAKES ANY EXPRESS OR IMPLIED WARRANTIES, EXCEPT AS SET FORTH
IN THIS SECTION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Authorization
In witness whereof the parties have executed this Agreement by their duly authorized
representatives:
City of Fort Worth
Name
FORM .PN® 1,EGAUT Y:
�kTY ATTO�N�Y
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Contract Autherizatiola
Printed on 12/11/2008
KS2 T
Dan Shinedling, Jr.
Name
President
Title
CITY SECRETARY
FT. WORT14
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