[SOLVED] Customer Requirements, Major Deliverables and Final Product, assignment help – Business Finance

PFANeed below tasks in 1 or 2 pages pages 8. Customer Requirements:9. Major Deliverables and Final Product:10. Acceptance Criteria:11. Initial Assumptions-Constraints-Issues:12. Risks:and attaching the completed tasks for your referenceProject Framework
Using the selected RFP and your team – answer the questions outline below. Normally a full
proposal would be needed to submitted and upon submission, be reviewed against the criteria
in the RFP. In lieu of a proposal, please answer the project framework questions.
.
IMPORTANT NOTE: Many of these items will help with development of your Project Charter as well as
other project artifacts. At this point, be as descriptive as possible knowing that you will continue to
gather information and further define as you learn or discover more. You may need to ask questions,
probe for answers, and do some research as your develop the framework and project charter. Be concise
– – meaning thorough, yet brief. Three to four pages is adequate including headings. MAKE All
ASSUMPTIONS AS NEEDED.
1. Your Team: Provide your team information including name, team members, and why you chose
this focus or RFP.
2. Customer: Who is requesting the project? Give details on the company/organization, groups,
departments, programs, individuals, or others “buying” your services.
3. Stakeholders: List out the known stakeholders including individuals and/or groups.
4. Problem Statement: What issue or need is being addressed? Is this an opportunity for the
requesting organization or a way to address a challenge? Be as descriptive as possible.
Remember, make assumptions as needed.
5. Project Statement: High level statement that defines the boundaries of the project. It is
essentially a “goal” and generally has three elements: (1) a time element, (2) a cost element
(usually based upon the given budget or a rough order of magnitude estimate), and (3) a
performance element. (quality/requirements).
6. Measurable Objectives: Outcome-focused singular statements (only one topic/focus per
statement) that are performance-based, address all major project requirements/constraints,
and can be measured against a standard of completion or success. Use the S.M.A.R.T. criteria.
7. Statement of Work (SOW) – Essentially a “Preliminary Scope Statement”: Covers the
preliminary scope of the project. At this point, this would be fairly high level since many details
may not have been progressively elaborated yet. This statement will outline the major tasks or
work elements required by the customer. For example, if you are developing a website, would
you also develop the content for the website? How about programming or coding – – would that
be a part of the scope OR are you using an “off-the-shelf” product? Will you be hosting the
website? Try to capture the scope at this point as much as possible. Don’t forget to also list any
“exclusions” or things NOT included in the scope. If the customer is going to handle certain parts
of the project or supply any items, supplies, equipment, or materials then list those out.
8. Customer Requirements: Gather as many customer requirements as possible including
specifications, attributes, or performance. Consider standards, level of “quality” as the
customer defines it, and any codes or regulations that must be adhered to. You may need to
make some more assumptions here.
9. Major Deliverables and Final Product: What does the customer expect you to deliver? What is
the final product, service, or result of this project? List these out. Managing customer
expectations begins here.
10. Acceptance Criteria: What criteria will the customer use to determine if the deliverables
including the final product are completed to the customer’s expectations? RFPs generally state
these
11. Initial Assumptions-Constraints-Issues: List out any assumptions (assumed to be true without
verification – low level risk), constraints (define and confine the project), and issues (happening
right now and need to be considered and/or addressed).
12. Risks: List out the high level risks. Do not try to complete a full blown risk assessment since we
will do this later when you have more information. Don’t forget to address both positive risk
(opportunities) and negative risks (threats).
13. Major Milestones / Timeline: At this point, you probably only know a general timeframe. Create
or list a time line with major milestones (points in time when important events occur, deadlines
are scheduled, or deliverables are completed). Make sure you list the final completion date,
which you should have already determined when developing your “project statement” and
“constraints.”
14. Contact Information: List out any points of contact for the customer and stakeholders.
15. Approach/Solution:
a) Technical Section: Give a general account (using details you do know) of how you plan
to address the issue or need for the customer(s) from a technical perspective. Include
how items such as info/data collection and analysis, alternative (Plan ‘B’) approaches to
the need/issue, rationale for your chosen approach, a brief explanation of how your
approach will meet the requirements. Discuss any technologies you plan to use. If there
are any exceptions to meeting any particular customer requirements (for whatever
reason), then state this also along with the reason you cannot meet the requirement.
b) Management Section: Briefly describe how you plan to manage this project – – will you
be on site OR will you work virtually from your office OR a combination? Describe the
processes you plan to use (waterfall, agile, traditional, etc.), and if you plan to do
everything in-house or subcontract (if known at this time).
c) Cost Section: If you have any early cost estimates (not just the budget you were given),
then list those here. At this point, these will most likely be very high level estimates (top
down). Recall that high level estimates can be determined using techniques such as
analogous estimating, parametric estimating, or even several other methods that use
comparisons, history, similarities, and previous experience. You may or may not know
this information, but attempt to make a determination. Don’t forget to include any
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contingencies when giving an estimate (basically the bid amount you would give a
customer if you were responding to an RFP with a proposal).
16. Benefits: Justify the value of your approach and team. Is there some innovative way you are
looking to address the situation or a unique method that provides any added value? Does your
team have experience or backgrounds in the field/industry?
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Department Name
Information Technology
Request for Proposal (RFP) Number 152899
for Professional Services
Title: Virtual Private Cloud Implementation
Non Mandatory Pre-proposal Teleconference
RFP submittal deadline:
Contract Administrator:
(Email address)
March 27, 2014 at 1:00
pm PST
3:00 p.m.
Tuesday, April 29, 2014
Christine Kleaver
christine.kleaver@cityofpaloalto.org
CITY OF PALO ALTO
PURCHASING/CONTRACT ADMINISTRATION
250 HAMILTON AVENUE
PALO ALTO, CA 94301
(650) 329-2271
REQUEST FOR PROPOSAL (RFP) NO. 152899
FOR PROFESSIONAL SERVICES
TITLE: VIRTUAL PRIVATE CLOUD IMPLEMENTATION
1. INTRODUCTION
The City of Palo Alto is seeking proposals from qualified firms to provide
professional services for a Virtual Private Cloud Implementation. The required
services and performance conditions are described in the Scope of Work (or
Services).
2. ATTACHMENTS
The attachments below are included with this Request for Proposals (RFP) for
your review and submittal (see asterisk):
Attachment A – Proposer’s Information Form*
Attachment B – Scope of Work/Services
Attachment C – Sample Agreement for Professional Services
Attachment D – Sample Table, Qualifications of Firm Relative to City’s Needs
Attachment E – Cost Proposal Format
Attachment F – Insurance Requirement
The items identified with an asterisk (*) shall be filled out, signed by the
appropriate representative of the company and returned with submittal.
3. INSTRUCTIONS TO PROPOSERS
3.1
Pre-proposal Conference
A non-mandatory pre-proposal teleconference will be held Thursday,
March 27, 2014, at 1:00 pm PST. The phone in number is: 605-475-4800,
passcode 707751. All prospective Proposers are strongly encouraged to
attend.
3.2
Examination of Proposal Documents
The submission of a proposal shall be deemed a representation and
certification by the Proposer that they:
3.2.1 Have carefully read and fully understand the information that was
provided by the City to serve as the basis for submission of this
proposal.
3.2.2 Have the capability to successfully undertake and complete the
responsibilities and obligations of the proposal being submitted.
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3.2.3 Represent that all information contained in the proposal is true and
correct.
3.2.4 Did not, in any way, collude, conspire to agree, directly or indirectly,
with any person, firm, corporation or other Proposer in regard to the
amount, terms or conditions of this proposal.
3.2.5 Acknowledge that the City has the right to make any inquiry it
deems appropriate to substantiate or supplement information
supplied by Proposer, and Proposer hereby grants the City
permission to make these inquiries, and to provide any and all
related documentation in a timely manner.
No request for modification of the proposal shall be considered after its
submission on grounds that Proposer was not fully informed to any fact or
condition.
3.3
Addenda/Clarifications
Should discrepancies or omissions be found in this RFP or should there
be a need to clarify this RFP, questions or comments regarding this RFP
must be put in writing and received by the City no later than 1:00 p.m.,
April 29, 2014. Correspondence shall be addressed to Christine Kleaver,
Contract Administrator, City of Palo Alto, 250 Hamilton Avenue, Palo Alto,
CA
94301 or e-mailed to christine.kleaver@cityofpaloalto.org.
Responses from the City will be communicated in writing to all recipients
of this RFP. Inquiries received after the date and time stated will not be
accepted and will be returned to senders without response. All addenda
shall become a part of this RFP and shall be acknowledged on the
Proposer’s Form.
The City shall not be responsible for nor be bound by any oral instructions,
interpretations or explanations issued by the City or its representatives.
3.4
Submission of Proposals
All proposals shall be submitted to:
City of Palo Alto
Purchasing and Contract Administration
250 Hamilton Avenue, Mail Stop MB
Palo Alto, CA 94301
Proposals must be delivered no later than 3:00 p.m. on Tuesday, April 29,
2014. All proposals received after that time will be returned to the
Proposer unopened.
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The Proposer shall submit 6 hard copies of its proposal in a sealed
envelope, one copy labeled “Original”, addressed as noted above, bearing
the Proposer’s name and address clearly marked, “RFP NO. 152899 FOR
PROFESSIONAL
SERVICES:
VIRTUAL
PRIVATE
CLOUD
IMPLEMENTATION.” Also submit 1 copy in soft copy – via CD or Flash
Drive. The use of double-sided paper with a minimum 50% postconsumer recycled content is strongly encouraged. Please do not submit
proposals in binders.
3.5
Withdrawal of Proposals
A Proposer may withdraw its proposal at any time before the expiration of
the time for submission of proposals as provided in the RFP by delivering
a written request for withdrawal signed by, or on behalf of, the Proposer.
3.6
Rights of the City of Palo Alto
This RFP does not commit the City to enter into a contract, nor does it
obligate the City to pay for any costs incurred in preparation and
submission of proposals or in anticipation of a contract. The City reserves
the right to:
•
•
•
•
•
•
•
•
•
•
Make the selection based on its sole discretion;
Reject any and all proposals;
Issue subsequent Requests for Proposals;
Postpone opening for its own convenience;
Remedy technical errors in the Request for Proposals process;
Approve or disapprove the use of particular subconsultants;
Negotiate with any, all or none of the Proposers;
Accept other than the lowest offer;
Waive informalities and irregularities in the Proposals and/or
Enter into an agreement with another Proposer in the event the
originally selected Proposer defaults or fails to execute an agreement
with the City.
An agreement shall not be binding or valid with the City unless and until it is
executed by authorized representatives of the City and of the Proposer.
4. PROPOSED TENTATIVE TIMELINE
The tentative RFP timeline is as follows:
RFP Issued
Non Mandatory Pre-Proposal Teleconference
Deadline for questions, clarifications
City responds to questions
March 19, 2014
March 27, 2014
April 9, 2014 by 1:00 pm PST
April 18, 2014
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Proposals Due
Finalist Identified
Consultant Interviews
Consultant selection and contract preparation
Contract awarded
Work commences
April 29, 2014 by 3:00 pm PST
May 8, 2014
Week of May 19, 2014
Week of May 26, 2014
Week of June 2, 2014
June 2014
5. INFORMATION TO BE SUBMITTED (to be submitted in this order only)
These instructions outline the guidelines governing the format and content of the
proposal and the approach to be used in its development and presentation. The
intent of the RFP is to encourage responses that clearly communicate the
Proposer’s understanding of the City’s requirements and its approach to
successfully provide the products and/or services on time and within budget.
Only that information which is essential to an understanding and evaluation of the
proposal should be submitted. Items not specifically and explicitly related to the
RFP and proposal, e.g. brochures, marketing material, etc. will not be considered
in the evaluation.
All proposals shall address the following items in the order listed below and shall
be numbered 1 through 8 in the proposal document.
5.1 Chapter 1 – Proposal Summary
This Chapter shall discuss the highlights, key features and distinguishing
points of the Proposal. A separate sheet shall include a list of individuals and
contacts for this Proposal and how to communicate with them. Limit this
Chapter to a total of three (3) pages including the separate sheet.
5.2 Chapter 2 – Profile on the Proposing Firm(s)
This Chapter shall include a brief description of the Prime Proposer’s firm
size as well as the proposed local organization structure. Include a
discussion of the Prime Proposer firm’s financial stability, capacity and
resources. Include all other firms participating in the Proposal, including
similar information about the firms.
Additionally, this section shall include a listing of any lawsuit or litigation and
the result of that action resulting form (a) any public project undertaken by
the Proposer or by its subcontractors where litigation is still pending or has
occurred within the last five years or (b) any type of project where claims or
settlements were paid by the consultant or its insurers within the last five
years.
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5.3 Chapter 3 – Qualifications of the Firm
This Chapter shall include a brief description of the Proposer’s and subProposer’s qualifications and previous experience on similar or related
projects. Provide in a table format (see Sample Table, Attachment D)
descriptions of pertinent project experience with other public municipalities
and private sector that includes a summary of the work performed, the total
project cost, the percentage of work the firm was responsible for, the period
over which the work was completed, and the name, title, and phone number
of client’s to be contacted for references. Give a brief statement of the firm’s
adherence to the schedule and budget for the project.
This chapter shall include information regarding any relationships with firms
and/or individuals who may submit proposals in response to the RFPs being
developed.
5.4 Chapter 4 – Work Plan or Proposal
This Chapter shall present a well-conceived service plan. Include a full
description of major tasks and subtasks. This section of the proposal shall
establish that the Proposer understands the City’s objectives and work
requirements and Proposer’s ability to satisfy those objectives and
requirements. Succinctly describe the proposed approach for addressing the
required services and the firm’s ability to meet the City’s schedule, outlining
the approach that would be undertaken in providing the requested services.
5.5 Chapter 5 – Proposed Innovations
The Proposer may also suggest technical or procedural innovations that have
been used successfully on other engagements and which may provide the
City with better service delivery. In this Chapter discuss any ideas,
innovative approaches, or specific new concepts included in the Proposal
that would provide benefit to the City.
5.6 Chapter 6 – Project Staffing
This Chapter shall discuss how the Proposer would propose to staff this
project. Key project team members shall be identified by name, title and
specific responsibilities on the project. An organizational chart for the project
team and resumes for key Proposer personnel shall be included. Key
personnel will be an important factor considered by the review committee.
Changes in key personnel may be cause for rejection of the proposal.
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5.7 Chapter 7 – Proposal Exceptions
This Chapter shall discuss any exceptions or requested changes that
Proposer has to the City’s RFP conditions, requirements and sample
contract. If there are no exceptions noted, it is assumed the Proposer will
accept all conditions and requirements identified in the Attachment C –
“Sample Agreement for Services.” Items not excepted will not be open to
later negotiation.
5.8 Chapter 8 – Proposal Costs Sheet and Rates
The fee information is relevant to a determination of whether the fee is fair
and reasonable in light of the services to be provided. Provision of this
information assists the City in determining the firm’s understanding of the
project, and provides staff with tools to negotiate the cost, provide in a table
(See Table, Attachment E).
Consultant shall provide the following information
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Direct labor rates for proposed staff;
Overhead rate and breakdown of overhead elements;
Subconsultant billing rates and mark-up percentage for ODC’s (other
direct costs); and identify all reimbursable expenses.
Most recent complete financial instrument that would establish
Proposer’s ability to complete the obligations of the contract resulting
from this solicitation. Proposers need to submit their last two audited
financial statements (e.g., balance sheet, income statement, and
statement of cash flow).
This Chapter shall include the proposed costs to provide the services
desired. Include any other cost and price information, plus a not-to-exceed
amount, that would be contained in a potential agreement with the City. The
hourly rates may be used for pricing the cost of additional services outlined in
the Scope of Work.
PLEASE NOTE: The City of Palo Alto does not pay for services before it
receives them. Therefore, do not propose contract terms that call for upfront
payments or deposits.
6. CONTRACT TYPE AND METHOD OF PAYMENT
It is anticipated that the agreement resulting from this solicitation, if awarded, will be
a not-to-exceed budget per task form of contract. A Sample Agreement of Services
is provided as Attachment C. The method of payment to the successful Proposer
shall be on a not-to-exceed budget per task basis with a maximum “not to exceed”
fee as set by the Proposer in the proposal or as negotiated between the Proposer
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and the City as being the maximum cost to perform all work. This figure shall include
direct costs and overhead, such as, but limited to, transportation, communications,
subsistence and materials and any subcontracted items of work. Progress
payments will be based on a percentage of project completed.
Proposers shall be prepared to accept the terms and conditions of the Agreement,
including Insurance Requirements in Attachment F. If a Proposer desires to take
exception to the Agreement, Proposer shall provide the following information in
Chapter 7 of their submittal package. Please include the following:
•
•
Proposer shall clearly identify each proposed change to the Agreement,
including all relevant Attachments.
Proposer shall furnish the reasons for, as well as specific
recommendations, for alternative language.
The above factors will be taken into account in evaluating proposals. Proposals that
take substantial exceptions to the proposed Agreement may be determined by the
City, at its sole discretion, to be unacceptable and no longer considered for award.
Insurance Requirements
The selected Proposer(s), at Proposer’s sole cost and expense and for the full term
of the Agreement or any extension thereof, shall obtain and maintain, at a minimum,
all of the insurance requirements outlined in Attachment F.
All policies, endorsements, certificates and/or binders shall be subject to the
approval of the Risk Manager of the City of Palo Alto as to form and content. These
requirements are subject to amendment or waiver if so approved in writing by the
Risk Manager. The selected Proposer agrees to provide the City with a copy of said
policies, certificates and/or endorsement upon award of contract.
7. REVIEW AND SELECTION PROCESS
City staff will evaluate the proposals provided based on the following criteria:
7.1 Quality and completeness of proposal;
7.2 Quality, performance and effectiveness of the solution, goods and/or
services to be provided by the Proposer;
7.3 Proposers experience, including the experience of staff to be assigned to the
project, the engagements of similar scope and complexity;
7.4 Cost to the city;
7.5 Proposer’s financial stability;
7.6 Proposer’s ability to perform the work within the time specified;
7.7 Proposer’s prior record of performance with city or others; and
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7.8 Proposer’s compliance with applicable laws, regulations, policies (including
city council policies), guidelines and orders governing prior or existing
contracts performed by the contractor.
The selection committee will make a recommendation to the awarding authority.
The acceptance of the proposal will be evidenced by written Notice of Award
from the City’s Purchasing/Contract Administration Division to the successful
Proposer.
8. ORAL INTERVIEWS
Proposers may be required to participate in an oral interview. The oral interview will
be a panel comprised of members of the selection committee.
Proposers may only ask questions that are intended to clarify the questions that they
are being asked to respond.
Each Proposer’s time slot for oral interviews will be determined randomly.
Proposers who are selected shall make every effort to attend. If representatives of
the City experience difficulty on the part of any Proposer in scheduling a time for the
oral interview, it may result in disqualification from further consideration.
9. PUBLIC NATURE OF MATERIALS
Responses to this RFP become the exclusive property of the City of Palo Alto. At
such time as the Administrative Services Department recommends to form to the
City Manager or to the City Council, as applicable, all proposals received in
response to this RFP becomes a matter of public record and shall be regarded as
public records, with the exception of those elements in each proposal which are
defined by the Proposer as business or trade secrets and plainly marked as
“Confidential,” “Trade Secret,” or “Proprietary”. The City shall not in any way be
liable or responsible for the disclosure of any such proposal or portions thereof, if
they are not plainly marked as “Confidential,” “Trade Secret,” or “Proprietary” or if
disclosure is required under the Public Records Act. Any proposal which contains
language purporting to render all or significant portions of the proposal
“Confidential,” “Trade Secret,” or “Proprietary” shall be regarded as non-responsive.
Although the California Public Records Act recognizes that certain confidential trade
secret information may be protected from disclosure, the City of Palo Alto may not
accept or approve that the information that a Proposer submits is a trade secret. If a
request is made for information marked “Confidential,” “Trade Secret,” or
“Proprietary,” the City shall provide the Proposer who submitted the information with
reasonable notice to allow the Proposer to seek protection from disclosure by a court
of competent jurisdiction.
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10. COLLUSION
By submitting a proposal, each Proposer represents and warrants that its proposal is
genuine and not a sham or collusive or made in the interest of or on behalf of any
person not named therein; that the Proposer has not directly induced or solicited any
other person to submit a sham proposal or any other person to refrain from
submitting a proposal; and that the Proposer has not in any manner sought collusion
to secure any improper advantage over any other person submitting a proposal.
11. DISQUALIFICATION
Factors such as, but not limited to, any of the following may be considered just
cause to disqualify a proposal without further consideration:
11.1 Evidence of collusion, directly or indirectly, among Proposers in regard to
the amount, terms or conditions of this proposal;
11.2
Any attempt to improperly influence any member of the evaluation team;
11.3 Existence of any lawsuit, unresolved contractual claim or dispute between
Proposer and the City;
11.4
Evidence of incorrect information submitted as part of the proposal;
11.5 Evidence of Proposer’s inability to successfully complete the
responsibilities and obligation of the proposal; and
11.6 Proposer’s default under any previous agreement with the City, which
results in termination of the Agreement.
12. NON-CONFORMING PROPOSAL
A proposal shall be prepared and submitted in accordance with the provisions of
these RFP instructions and specifications. Any alteration, omission, addition,
variance, or limitation of, from or to a proposal may be sufficient grounds for nonacceptance of the proposal, at the sole discretion of the City.
13. GRATUITIES
No person shall offer, give or agree to give any City employee any gratuity, discount
or offer of employment in connection with the award of contract by the city. No city
employee shall solicit, demand, accept or agree to accept from any other person a
gratuity, discount or offer of employment in connection with a city contract.
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14. FIRMS OR PERSONS NOT ELIGIBLE TO SUBMIT A PROPOSAL
In order to avoid any conflict of interest or perception of a conflict or interest,
Proposer(s) selected to provide professional services under this RFP will be subject
to the following requirements:
14.1 The Proposer(s) who works on the procurement will be precluded from
submitting proposals or bids as a prime contractor or subcontractor in the
ultimate procurement.
14.2 The Proposer(s) may not have interest in any potential Proposer for the
ultimate procurement.
~ End of Section ~

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Attachment A
Proposer’s Information Form
PROPOSER (please print):
Name:
__________________________________________________________
Address:
__________________________________________________________
__________________________________________________________
Telephone:
_______________________ Email: ______________________________
Contact person, title, email, and telephone: __________________________
______________________________________________________________________
______________________________________________________________________
Proposer, if selected, intends to carry on the business as (check one):

Individual

Partnership

Corporation

Joint Venture
When incorporated?
______________
In what state?
_______________
When authorized to do business in California?

_______
Other (explain):____________________________________________________
ADDENDA
To assure that all Proposers have received each addendum, check the appropriate box(es)
below. Failure to acknowledge receipt of an addendum/addenda may be considered an
irregularity in the Proposal:
Addendum number(s) received:
Or,
1;
2;
3;
4;
5;
6;
_____ _____No Addendum/Addenda Were Received (check and initial).
PROPOSER’S SIGNATURE
No proposal shall be accepted which has not been signed in ink in the appropriate space below:
By signing below, the submission of a proposal shall be deemed a
representation and certification by the Proposer that they have investigated
all aspects of the RFP, that they are aware of the applicable facts pertaining
to the RFP process, its procedures and requirements, and they have read
and understand the RFP. No request for modification of the proposal shall be
considered after its submission on the grounds that the Proposer was not
fully informed as to any fact or condition.
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Attachment A – Proposer Information continued…
1.
If Proposer is INDIVIDUAL, sign here
Date:______________
_____________________________________
Proposer’s Signature
_____________________________________
Proposer’s typed name and title
2.
If Proposer is PARTNERSHIP or JOINT VENTURE; at least two (2) Partners shall
sign here:
________________________________________________
Partnership or Joint Venture Name (type or print)
Date:______________
_____________________________________
Member of the Partnership or Joint Venture signature
Date:______________
_____________________________________
Member of the Partnership or Joint Venture signature
3.
If Proposer is a CORPORATION, the duly authorized officer shall sign as follows:
The undersigned certify that he/she is respectively:
_________________________________ and ___________________________
Signature
Title
Of the corporation named below; that they are designated to sign the Proposal Cost Form by
resolution (attach a certified copy, with corporate seal, if applicable, notarized as to its
authenticity or Secretary’s certificate of authorization) for and on behalf of the below named
CORPORATION, and that they are authorized to execute same for and on behalf of said
CORPORATION.
______________________________________
Corporation Name (type or print)
By:______________________________________ Date: _________________
Title:__________________________________________
City of Palo Alto – RFP 152899
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Attachment B – Scope of Services
Project Background
Currently, the City of Palo Alto City Hall Data Center is comprised of 160 servers, of
which roughly 40% are virtualized. Much of the equipment is beyond end of life, out of
support, and in need of replacement. Additionally, in 2012, a data center strategy was
drafted identifying the need for a hybrid-cloud solution and the adoption of a cloud-first
strategy.
A virtual private cloud will avoid the need to purchase as many new physical servers
(because virtual servers will be deployed instead). It is anticipated this environment will
provide the space and flexibility needed to build out virtualization and eventually replace
all servers currently on premises.
Microsoft Azure is planned, as part of this project, to be utilized to provide disaster
recovery in case the data center at City Hall is destroyed.
Project Description
Procure external vendor to manage the planning, purchase and installation and testing of
a virtual private cloud with back-ups in Microsoft Azure.
Background
The City does not have an existing SAN for virtualization at this time and seeks a
recommendation on the specifics.
Use Cases: Host VMs
Applications: Application Servers and Web Servers SQL Database support (60 databases
across 7-8 SQL Servers)
Virtualization: Clustered MS HyperV environment
Number of VMs: 80 to start
Migrating Volume total size: 36 TB (Existing)
Server Type: HP Proliant (5-7 required, to be provided by vendor)
Operating Systems: Windows Server 2012 Host, Windows Server 2008R2 and
Windows Server 2012 Guest
Network Connectivity: 10GB iSCSI preferred, but not required. Gigabit staff network.
Incremental Backup: System Center Virtual Machine Manager with Data Protection
Manager for snapshot backups of VMs.
Size of Pipe for Replication: Internet connection 100MB to Azure
Project Objectives
1. By June 2014, obtain sales and integration services to plan, purchase, install and test a
virtual private cloud, and set-up backups to Microsoft Azure.
2. By August 2014, install a virtual private cloud at Palo Alto City Hall data center.
3. By August 2014, establish unattended backup of virtual machines and data to
Microsoft Azure.
Business Need and Business Benefits
A virtual private cloud solution will provide the following business benefits:
Scalability
• Efficient provisioning of timely data center services
Support
• Ability to maintain and measure service level agreements with customers
• More manageable maintenance of data center
• Elimination of excessive and unnecessary support requirements due to aging
infrastructure
• Greater depth in support
Cost Management
• Ability to track and monitor costs more efficiently
• Lower cost to maintain and sustain operations
• Lower cost to bring on new services
Disaster Recovery
• Eliminate risk of sustained outage
• Lower recovery time from an outage
Sustainability (Green)
• More efficient use of energy in the data center
Value
• Lower support requirements will create more opportunity for strategic initiatives
and the execution of new services
• Complete and efficient metrics will allow for better decision making
Deliverables
The following deliverables are expected as a result of this engagement:
•
•
•
•
•
•
•
•
Virtual private cloud solution (Architecture and hardware recommendation)
Virtual private cloud implementation plan (Including procurement of the
recommended hardware)
Redundancy strategy recommendation (Utilizing Microsoft Azure)
SAN installed and available on the City Network
Working HyperV cluster connected to SAN storage environment
Backup to Azure established and tested
Training of staff in use of implemented solution
Operational documentation for storage solution and redundancy in Azure
CITY OF PALO ALTO CONTRACT NO.
SAMPLE AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
FOR PROFESSIONAL SERVICES
This Agreement is entered into on this
day of
,
, (“Agreement”) by
and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”),
and
,a
, located at
(“CONSULTANT”).
RECITALS
The following recitals are a substantive portion of this Agreement.
A.
CITY intends to
(“Project”) and desires to engage a consultant to
with the Project (“Services”).
in connection
B.
CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the Services.
C.
CITY in reliance on these representations desires to engage CONSULTANT to provide the
Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in
this Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in
Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
Optional On-Call Provision (This provision only applies if checked and only applies to on-call
agreements.)
Services will be authorized by the City, as needed, with a Task Order assigned and approved by the
City’s Project Manager. Each Task Order shall be in substantially the same form as Exhibit A-1.
Each Task Order shall designate a City Project Manager and shall contain a specific scope of work, a
specific schedule of performance and a specific compensation amount. The total price of all Task
Orders issued under this Agreement shall not exceed the amount of Compensation set forth in
Section 4 of this Agreement. CONSULTANT shall only be compensated for work performed under
an authorized Task Order and the City may elect, but is not required, to authorize work up to the
maximum compensation amount set forth in Section 4.
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SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through
terminated earlier pursuant to Section 19 of this Agreement.
unless
OR
The term of this Agreement shall be from the date of its full execution through completion of the
services in accordance with the Schedule of Performance attached as Exhibit “B” unless terminated
earlier pursuant to Section 19 of this Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of
Services under this Agreement. CONSULTANT shall complete the Services within the term of this
Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part
of this Agreement. Any Services for which times for performance are not specified in this Agreement
shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner
based upon the circumstances and direction communicated to the CONSULTANT. CITY’s
agreement to extend the term or the schedule for performance shall not preclude recovery of damages
for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit “A”, including both payment
for professional services and reimbursable expenses, shall not exceed
Dollars ($
). In the
event Additional Services are authorized, the total compensation for services and reimbursable
expenses
shall
not
exceed
Dollars
($
).
The applicable rates and schedule of payment are set out in Exhibit “C-1”, entitled “HOURLY
RATE SCHEDULE,” which is attached to and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions of
Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed
without the prior written authorization of CITY. Additional Services shall mean any work that is
determined by CITY to be necessary for the proper completion of the Project, but which is not
included within the Scope of Services described in Exhibit “A”.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges (including an
identification of personnel who performed the services, hours worked, hourly rates, and reimbursable
expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C-1”). If applicable,
the invoice shall also describe the percentage of completion of each task. The information in
CONSULTANT’s payment requests shall be subject to verification by CITY. CONSULTANT shall
send all invoices to the City’s project manager at the address specified in Section 13 below. The City
will generally process and pay invoices within thirty (30) days of receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents
that it possesses the professional and technical personnel necessary to perform the Services required
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by this Agreement and that the personnel have sufficient skill and experience to perform the Services
assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted,
have and shall maintain during the term of this Agreement all licenses, permits, qualifications,
insurance and approvals of whatever nature that are legally required to perform the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or similar
circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and
in compliance with all federal, state and local laws, ordinances, regulations, and orders that may
affect in any manner the Project or the performance of the Services or those engaged to perform
Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all
charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and
all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives
notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design
documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors,
omissions or ambiguities discovered prior to and during the course of construction of the Project.
This obligation shall survive termination of the Agreement.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%)
of the CITY’s stated construction budget, CONSULTANT shall make recommendations to the CITY
for aligning the PROJECT design with the budget, incorporate CITY approved recommendations,
and revise the design to meet the Project budget, at no additional cost to CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing
the Services under this Agreement CONSULTANT, and any person employed by or contracted with
CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an
independent contractor and not an agent or employee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or
transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations
hereunder without the prior written consent of the city manager. Consent to one assignment will not
be deemed to be consent to any subsequent assignment. Any assignment made without the approval
of the city manager will be void.
SECTION 12. SUBCONTRACTING.
Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the work to
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be performed under this Agreement without the prior written authorization of the city manager or
designee.
Option B: Subcontracts Authorized: Notwithstanding Section 11 above, CITY agrees that
subconsultants may be used to complete the Services. The subconsultants authorized by CITY to
perform work on this Project are:
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a
subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of
the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT.
CONSULTANT will assign
as the
to have supervisory responsibility for the performance, progress, and execution of the Services and
as the project
to represent CONSULTANT during the day-to-day work on the Project. If
circumstances cause the substitution of the project director, project coordinator, or any other key
personnel for any reason, the appointment of a substitute project director and the assignment of any
key new or replacement personnel will be subject to the prior written approval of the CITY’s project
manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do
not perform the Services in an acceptable manner, are uncooperative, or present a threat to the
adequate or timely completion of the Project or a threat to the safety of persons or property.
The City’s project manager is
,
Department,
Division,
Palo Alto, CA
94303, Telephone:
. The project manager will be CONSULTANT’s point of contact with
respect to performance, progress and execution of the Services. The CITY may designate an
alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees
that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested
in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual
property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make
any of such materials available to any individual or organization without the prior written approval of
the City Manager or designee. CONSULTANT makes no representation of the suitability of the
work product for use in or application to circumstances not contemplated by the scope of work.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during
the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to
matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such
records for at least three (3) years after the expiration or earlier termination of this Agreement.
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SECTION 16. INDEMNITY.
[Option A applies to the following design professionals pursuant to Civil Code Section
2782.8: architects; landscape architects; registered professional engineers and licensed
professional land surveyors.] 16.1. To the fullest extent permitted by law, CONSULTANT shall
protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and
agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of
any nature, including death or injury to any person, property damage or any other loss, including all
costs and expenses of whatever nature including attorneys fees, experts fees, court costs and
disbursements (“Claims”) that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
[Option B applies to any consultant who does not qualify as a design professional as defined
in Civil Code Section 2782.8.] 16.1. To the fullest extent permitted by law, CONSULTANT shall
protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and
agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of
any nature, including death or injury to any person, property damage or any other loss, including all
costs and expenses of whatever nature including attorneys fees, experts fees, court costs and
disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or
nonperformance by CONSULTANT, its officers, employees, agents or contractors under this
Agreement, regardless of whether or not it is caused in part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to
require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not
operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant,
term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not
be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of
any subsequent breach or violation of the same or of any other term, covenant, condition, provision,
ordinance or law.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full
force and effect during the term of this Agreement, the insurance coverage described in Exhibit “D”.
CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an
additional insured under any general liability or automobile policy or policies.
18.2.
All insurance coverage required hereunder shall be provided through carriers
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with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to
transact insurance business in the State of California. Any and all contractors of CONSULTANT
retained to perform Services under this Agreement will obtain and maintain, in full force and effect
during the term of this Agreement, identical insurance coverage, naming CITY as an additional
insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently
with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk
Manager and will contain an endorsement stating that the insurance is primary coverage and will not
be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the
Purchasing Manager thirty (30) days’ prior written notice of the cancellation or modification. If the
insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to
CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the
cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such
notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the
insurance are provided to CITY’s Purchasing Manager during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT’s liability hereunder nor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be
obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as
a result of the Services performed under this Agreement, including such damage, injury, or loss
arising after the Agreement is terminated or the term has expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole or
in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written
notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately
discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its performance of
the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and other
data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to
CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will
become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid
for the Services rendered or materials delivered to CITY in accordance with the scope of services on
or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided,
however, if this Agreement is suspended or terminated on account of a default by CONSULTANT,
CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s
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services which are of direct and immediate benefit to CITY as such determination may be made by
the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will
survive any expiration or termination of this Agreement: 14, 15, 16, 19.4, 20, and 25.
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY:
Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently has
no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement,
it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT
certifies that no person who has or will have any financial interest under this Agreement is an officer
or employee of CITY; this provision will be interpreted in accordance with the applicable provisions
of the Palo Alto Municipal Code and the Government Code of the State of California.
21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as
that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT
shall be required and agrees to file the appropriate financial disclosure documents required by the
Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color, gender, age, religion,
disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status,
weight or height of such person. CONSULTANT acknowledges that it has read and understands the
provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
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Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section
2.30.510 pertaining to nondiscrimination in employment.
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SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE
REQUIREMENTS. CONSULTANT shall comply with the City’s Environmentally Preferred
Purchasing policies which are available at the City’s Purchasing Department, incorporated by
reference and may be amended from time to time. CONSULTANT shall comply with waste
reduction, reuse, recycling and disposal requirements of the City’s Zero Waste Program. Zero Waste
best practices include first minimizing and reducing waste; second, reusing waste and third, recycling
or composting waste. In particular, Consultant shall comply with the following zero waste
requirements:
• All printed materials provided by Consultant to City generated from a personal
computer and printer including but not limited to, proposals, quotes, invoices,
reports, and public education materials, shall be double-sided and printed on a
minimum of 30% or greater post-consumer content paper, unless otherwise approved
by the City’s Project Manager. Any submitted materials printed by a professional
printing company shall be a minimum of 30% or greater post-consumer material and
printed with vegetable based inks.
• Goods purchased by Consultant on behalf of the City shall be purchased in
accordance with the City’s Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
packaging. A copy of this policy is on file at the Purchasing Office.
• Reusable/returnable pallets shall be taken back by the Consultant, at no additional
cost to the City, for reuse or recycling. Consultant shall provide documentation from
the facility accepting the pallets to verify that pallets are not being disposed.
SECTION 24. NON-APPROPRIATION
24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of
Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a)
at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year,
or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the
fiscal year and funds for this Agreement are no longer available. This section shall take precedence
in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.
SECTION 25. MISCELLANEOUS PROVISIONS.
25.1.
This Agreement will be governed by the laws of the State of California.
25.2. In the event that an action is brought, the parties agree that trial of such action
will be vested exclusively in the state courts of California in the County of Santa Clara, State of
California.
25.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value of
legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third
parties.
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25.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
25.5. The covenants, terms, conditions and provisions of this Agreement will apply
to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the
parties.
25.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
25.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in any
duly executed amendment hereto are by such reference incorporated in this Agreement and will be
deemed to be a part of this Agreement.
25.8 If, pursuant to this contract with CONSULTANT, City shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about
a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and
appropriate security procedures to protect that Personal Information, and shall inform City
immediately upon learning that there has been a breach in the security of the system or in the security
of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing
purposes without City’s express written consent.
25.9
All unchecked boxes do not apply to this agreement.
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25.10 The individuals executing this Agreement represent and warrant that they have
the legal capacity and authority to do so on behalf of their respective legal entities.
25.11 This Agreement may be signed in multiple counterparts, which shall, when
executed by all the parties, constitute a single binding agreement
IN WITNESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO
CONSULTANT
____________________________
City Manager (Required on contracts over
$85,000)
Purchasing Manager (Required on contracts
over $25,000)
Contracts Administrator (Required on
contracts under $25,000)
By:___________________________
Name:_________________________
Title:________________________
APPROVED AS TO FORM:
__________________________
Senior Asst. City Attorney
(Required on Contracts over $25,000)
Attachments:
EXHIBIT “A”:
EXHIBIT “A-1”
EXHIBIT “B”:
EXHIBIT “C”:
EXHIBIT “C-1”:
EXHIBIT “D”:
SCOPE OF WORK
ON CALL TASK ORDER (Optional)
SCHEDULE OF PERFORMANCE
COMPENSATION
SCHEDULE OF RATES
INSURANCE REQUIREMENTS
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EXHIBIT “A”
SCOPE OF SERVICES
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(Optional – for On Call Agreements only)
EXHIBIT “A-1”
PROFESSIONAL SERVICES TASK ORDER
Consultant hereby agrees to perform the work detailed below in accordance with all the terms and conditions of the
Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into the Agreement by this
reference. The Consultant shall furnish the necessary facilities, professional, technical and supporting personnel required
by this Task Order as described below.
CONTRACT NO.
Purchase Requisition No.
ISSUE DATE
1A.
1B.
2.
3.
4
MASTER AGREEMENT NUMBER
TASK ORDER NO.
CONSULTANT
PERIOD OF PERFORMANCE: START:
COMPLETION:
TOTAL TASK ORDER PRICE: $__________________
BALANCE REMAINING IN MASTER AGREEMENT $__________________________________
5.
BUDGET CODE: _______________
COST CENTER_________________ COST ELEMENT______________ WBS/CIP___ _______PHASE___
6.
CITY PROJECT MANAGER’S NAME/DEPARTMENT_________________________________________
7.
DESCRIPTION OF SCOPE OF SERVICES
MUST INCLUDE:
 WORK TO BE PERFORMED
 SCHEDULE OF WORK
 BASIS FOR PAYMENT & FEE SCHEDULE
 DELIVERABLES
 REIMBURSABLES (with “not to exceed” cost)
8.
ATTACHMENTS: A: Scope of Services B: __________________________________
———————————————————————————————————————————–
I hereby authorize the performance of
the work described above in this Task Order.
I hereby acknowledge receipt and acceptance
of this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED:
CITY OF PALO ALTO
APPROVED:
COMPANY NAME: ______________________
BY:__________________________________
Name ________________________________
Title_________________________________
Date _________________________________
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
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EXHIBIT “B”
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number
of days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the project managers for CONSULTANT and CITY so
long as all work is completed within the term of the Agreement. CONSULTANT shall provide a
detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the
notice to proceed.
Milestones
Completion
No. of Days/Weeks
From NTP
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Professional Services
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(Version 1 – use for task based compensation)
EXHIBIT “C”
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement, and as set forth in the budget
schedule below. Compensation shall be calculated based on the hourly rate schedule attached
as exhibit C-1 up to the not to exceed budget amount for each task set forth below.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed
$
. CONSULTANT agrees to complete all Basic Services, including reimbursable
expenses, within this amount. In the event CITY authorizes any Additional Services, the
maximum compensation shall not exceed $
. Any work performed or expenses incurred
for which payment would result in a total exceeding the maximum amount of compensation
set forth herein shall be at no cost to the CITY.
CONSULTANT shall perform the tasks and categories of work as outlined and budgeted
below. The CITY’s
may approve in writing the transfer of budget amounts between
any of the tasks or categories listed below provided the total compensation for Basic Services,
including reimbursable expenses, does not exceed $
and the total compensation for
Additional Services does not exceed $
.
BUDGET SCHEDULE
NOT TO EXCEED AMOUNT
Task 1
(
)
$
Task 2
(
)
$
Task 3
(
)
$
Task 4
(
)
$
Task 5
(
)
$
Sub-total Basic Services
$
Professional Services
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Reimbursable Expenses
Total Basic Services and Reimbursable expenses
Additional Services (Not to Exceed)
Maximum Total Compensation
$
$
$
$
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses. CITY shall
reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for
which CONSULTANT shall be reimbursed are:
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel
and meal expenses for City of Palo Alto employees.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges are reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup information.
Any expense anticipated to be more than $
shall be approved in advance by the CITY’s
project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written authorization
from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a
detailed written proposal including a description of the scope of services, schedule, level of
effort, and CONSULTANT’s proposed maximum compensation, including reimbursable
expense, for such services based on the rates set forth in Exhibit C-1. The additional services
scope, schedule and maximum compensation shall be negotiated and agreed to in writing by
the CITY’s
and CONSULTANT prior to commencement of the services. Payment for
additional services is subject to all requirements and restrictions in this Agreement
Work required because the following conditions are not satisfied or are exceeded shall be
considered as additional services:
Professional Services
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(Version 2 – hourly rate – not task based)
EXHIBIT “C”
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed in
accordance with the terms and conditions of this Agreement based on the hourly rate schedule
attached as Exhibit C-1.
The compensation to be paid to CONSULTANT under this Agreement for all services
described in Exhibit “A” (“Services”) and reimbursable expenses shall not exceed $
.
CONSULTANT agrees to complete all Services, including reimbursable expenses, within this
amount. In the event CITY authorizes any Additional Services, the maximum compensation
shall not exceed $
. Any work performed or expenses incurred for which payment
would result in a total exceeding the maximum amount of compensation set forth herein shall
be at no cost to the CITY.
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are included
within the scope of payment for services and are not reimbursable expenses. CITY shall
reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for
which CONSULTANT shall be reimbursed are:
A. Travel outside the San Francisco Bay area, including transportation and meals, will be
reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel
and meal expenses for City of Palo Alto employees.
B. Long distance telephone service charges, cellular phone service charges, facsimile
transmission and postage charges are reimbursable at actual cost.
All requests for payment of expenses shall be accompanied by appropriate backup information.
Any expense anticipated to be more than $
shall be approved in advance by the CITY’s
project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written authorization
from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a
detailed written proposal including a description of the scope of services, schedule, level of
effort, and CONSULTANT’s proposed maximum compensation, including reimbursable
expenses, for such services based on the rates set forth in Exhibit C-1. The additional
services scope, schedule and maximum compensation shall be negotiated and agreed to in
writing by the CITY’s Project Manager and CONSULTANT prior to commencement of the
Professional Services
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services. Payment for additional services is subject to all requirements and restrictions in this
Agreement.
[OPTIONAL] Work required because the following conditions are not satisfied or are
exceeded shall be considered as Additional Services:
Professional Services
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EXHIBIT “C-1”
HOURLY RATE SCHEDULE
Professional Services
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EXHIBIT “D”
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN
AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM
BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE
STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
MINIMUM LIMITS
REQUIRED
TYPE OF COVERAGE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
YES
AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED
YES
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE
REQUIREMENT
EACH
OCCURRENCE
AGGREGATE
STATUTORY
STATUTORY
BODILY INJURY
$1,000,000
$1,000,000
PROPERTY DAMAGE
$1,000,000
$1,000,000
BODILY INJURY & PROPERTY DAMAGE
COMBINED.
BODILY INJURY
EACH PERSON
EACH OCCURRENCE
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
PROPERTY DAMAGE
$1,000,000
$1,000,000
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
ALL DAMAGES
$1,000,000
YES
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE,
SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT,
THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT
ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING
AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I.
INSURANCE COVERAGE MUST INCLUDE:
A.
A PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B.
A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
C.
DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
II.
CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III.
ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL
INSUREDS”
A.
PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER
INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
Professional Services
Rev Nov. 1, 2011
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B.
CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL
NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS
ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF
THE COMPANY UNDER THIS POLICY.
C.
NOTICE OF CANCELLATION
1.
IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER
THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY
AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
2.
IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT
OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303
Professional Services
Rev Nov. 1, 2011
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Attachment D
SAMPLE TABLE FORMAT
QUALIFICATIONS OF FIRM RELATIVE TO CITY’S NEEDS
Project Name
Client
Description of work
performed
Total Project Cost
Percentage of work
firm as responsible for
Did your firm meet the project schedule (Circle one) : Yes No
Give a brief statement of the firm’s adherence to the schedule and budget for the project:
Did your firm meet the project schedule (Circle one) : Yes No
Give a brief statement of the firm’s adherence to the schedule and budget for the project:
Did your firm meet the project schedule (Circle one) : Yes No
Give a brief statement of the firm’s adherence to the schedule and budget for the project:
Did your firm meet the project schedule (Circle one) : Yes No
Give a brief statement of the firm’s adherence to the schedule and budget for the project:
*Include name, title and phone number.
City of Palo Alto – RFP 152899
Period work was
completed
Client contact
information*
Attachment E
SAMPLE COST PROPOSAL FORMAT – RFP 152899
(The City is looking for a submittal in this format – content should match cost for scope of services required)
Scope
Labor Categories
(e.g., Consultant, Sr. Consultant, etc.)
Est.
Hours
Hourly
Rate
Extended
Rate
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
TOTAL NOT TO EXCEED, TASK 3
$
$
TOTAL NOT TO EXCEED
(TASKS 1 – 3)
$
$
Task 1
TOTAL NOT TO EXCEED, TASK 1
Task 2
TOTAL NOT TO EXCEED, TASK 2
Task 3
ATTACHMENT F
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT
OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY
COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE
BUSINESS IN THE STATE OF CALIFORNIA. PLEASE EMAIL CERTIFICATES TO: insurancecerts@cityofpaloalto.org
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
MINIMUM LIMITS
REQUIRED
TYPE OF COVERAGE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
YES
AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED
YES
PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE
YES
I.
REQUIREMENT
EACH
OCCURRENCE
AGGREGATE
STATUTORY
STATUTORY
BODILY INJURY
$1,000,000
$1,000,000
PROPERTY DAMAGE
$1,000,000
$1,000,000
BODILY INJURY & PROPERTY DAMAGE
COMBINED.
$1,000,000
$1,000,000
BODILY INJURY
EACH PERSON
EACH OCCURRENCE
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
PROPERTY DAMAGE
$1,000,000
$1,000,000
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
ALL DAMAGES
$1,000,000
THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND
EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY
RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND
ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S
LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS,
OFFICERS, AGENTS, AND EMPLOYEES.
INSURANCE COVERAGE MUST INCLUDE:
A.
A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF
COVERAGE CANCELLATION; AND
B.
A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S
AGREEMENT TO INDEMNIFY CITY.
C.
DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
II.
CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE.
III.
ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS”
A.
PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY
OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B.
Rev. 11/07
CROSS LIABILITY
INSURANCE REQUIREMENTS
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY
SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER,
BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL
LIABILITY OF THE COMPANY UNDER THIS POLICY.
C.
NOTICE OF CANCELLATION
1.
IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE
NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY
(30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2.
IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF
PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN
NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND
CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303.
Rev. 11/07
Customer information:
City of Palo Alto
Contact Information: Christine Kleaver (christine.kleaver@cityofpaloalto.org)
Address:
City of Palo Alto
Purchasing/Contract Administration
250 Hamilton Avenue
Palo Alto, CA 94301
(650) 329-2271
·
Pre-proposal teleconference is Monday March 27 2014 at 1:00pm
·
RFPs must be submitted by 3pm April 29, 2014.
Project Brief: The City of Palo Alto is seeking proposals from qualified firms to provide
professional services for a Virtual Private Cloud Implementation. The required services and
performance conditions are described in the Scope of Work (or Services).
Procure external vendor to manage the planning, purchase and installation and testing of a virtual
private cloud with back-ups in Microsoft Azure.
Background:
“Currently, the City of Palo Alto City Hall Data Center is comprised of 160 servers, of which
roughly 40% are virtualized. Much of the equipment is beyond end of life, out of support, and in
need of replacement. Additionally, in 2012, a data center strategy was drafted identifying the
need for a hybrid-cloud solution and the adoption of a cloud-first strategy.
A virtual private cloud will avoid the need to purchase as many new physical servers (because
virtual servers will be deployed instead). It is anticipated this environment will provide the space
and flexibility needed to build out virtualization and eventually replace all servers currently on
premises.
Microsoft Azure is planned, as part of this project, to be utilized to provide disaster recovery in
case the data center at City Hall is destroyed. ”
Known Stakeholders:
The City of Palo Alto information technology department and it’s users are our major
stakeholder for this project. Microsoft Azure is also a major stakeholder since it appears to be
predetermined that they will provide the cloud service. The computer system vendor, operating
system vendors, and software vendors that are yet to be determined will be stakeholders as well.
Finally the member of Group 4 are stake holders since we will be managing the project.
Problem Statement
Based on the descriptions on the RFP the City of Palo alto has an information technology
infrastructure based on older hardware and software systems. It is evident these systems have
been not updated or maintained. The city would like to replace this equipment with a modern
virtualization “cloud” service provision; “Hybrid Cloud”. The City also requires the ability to
have a backup cloud based data center to be used as a disaster recovery site. The vendor for the
cloud hosting service has already been determine to be Microsoft Azure.
Project Statement:
The project goals are to replace the aging IT infrastructure used by the City of Palo Alto with a
modern cloud based system and introduce a cloud based disaster recovery solution. It is expected
the existing system and service swill remain operating without interruption. …

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