HomeMy WebLinkAboutR-03-0835J-03-665
07/23/03
RESOLUTION NO. 03— 835
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE ACQUISITION OF SYSTEMS ANALYSIS
SERVICES, TECHNICAL SUPPORT, AND OTHER
PROFESSIONAL SERVICES FROM EVEREST SOLUTIONS,
LLC, UNDER STATE OF FLORIDA CONTRACT
NO. 974-172-03-1, EFFECTIVE UNTIL
OCTOBER 20, 2003, SUBJECT TO EXTENSIONS OR
REPLACEMENT CONTRACTS BY THE STATE OF
FLORIDA, ON AN AS -NEEDED BASIS THROUGH THE
IMPLEMENTATION OF THE LEGISTAR LEGISLATIVE
MANAGEMENT SYSTEM FOR THE DEPARTMENT OF
INFORMATION TECHNOLOGY, AT A TOTAL AMOUNT NOT
TO EXCEED $60,000, ALLOCATING FUNDS FROM THE
BUDGET OF THE INFORMATION TECHNOLOGY
DEPARTMENT, ACCOUNT CODE
NO. 119004.460701.6.270, THE OPERATING
BUDGETS OF VARIOUS USER DEPARTMENTS
CITY-WIDE, AND FROM VARIOUS CAPITAL
IMPROVEMENTS PROJECT ACCOUNTS, SUBJECT TO THE
AVAILABILITY OF FUNDS.
WHEREAS, Resolution No. 01-743, adopted July 26, 2001,
authorized the acquisition of consulting support services for the
implementation of Legistar Legislative Management System
("Legistar"); and
WHEREAS, the City originally contracted with Everest
Solutions, LLC, of New York, to provide computer consulting
services to assist in the implementation of Legistar under
Florida State Contract No. 974-172-03-1 effective until
:CITY CON24MOR
MEETING CkF
j U !_ 2 4 2003
Resolution No.
03- 835
October 20, 2003, subject to any extensions or replacement
contracts by the State of Florida; and
WHEREAS, to provide continuity for this project, it is most
practicable and advantageous for the City of Miami to engage the
same consultant through the implementation of the Legistar
project; and
WHEREAS, funds for said acquisition are available from the
Budget of the Department of Information Technology, Account Code
No. 119004.460701.6.270, the operating budgets of various user
departments Citywide, and from various Capital Improvements
Project accounts;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The acquisition of systems analysis services,
technical support, and other professional services from Everest
Solutions, LLC, under State of Florida Contract No. 974-172-03-1,
effective until October 20, 2003, subject to extensions or
replacement contracts by the State of Florida for the Department
of Information Technology, on an as -needed basis through the
implementation of Legistar, is approved, for a total amount not
to exceed $60,000, with funds allocated from the Budget of the
Page 2 of 3 835
Department of Information Technology, Account Code
No. 119004.460701.6.270, the Operating Budgets of various user
departments Citywide, and from various Capital Improvements
Project accounts, subject to availability of funds.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor Y
PASSED AND ADOPTED this 24th day of July , 2003.
EL A DIAZ, MAYOR
ATTE- i
f, ,1
:j
PRISCILLA A. THOMP ON
�. CITY CLERK
APPROVEe'00 F)AM AND CORRECTNESS e -
LARELLO
A
7409:tr:AS:BSS
1� If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 3 of 3 0J 3- 8 3 5
i
CITY OF MIAMI, FLORIDA CA=3
INTER -OFFICE MEMORANDUM
TO: Honorable Membe DATE: June 25, 2003 FILE
the City ommissio SUBJECT:
Consultant Services - IT
O ��^ .� from Everest Solutions
FROM: REFERENCES:
Jo Arriola
C 'ef Administrator / City Manager ENCLOSURES:
Recommendation
It is respectfully requested that the City Commission adopt the attached resolution authorizing the
City Manager to acquire systems analysis services, technical support, and other professional
services from Everest Solutions, LLC, under State of Florida contract number 974-172-03-1,
effective until October 20, 2003, on an as -needed basis through the implementation of the
Legistar Legislative Management System, subject to extensions or replacement contracts by the
State of Florida. Funds are allocied from the Department of Information Technology's Account
Code 119004.460701.6.270 in an amount not to exceed $60,000, and additionally from various
other departmental operating budgets on a citywide basis and from various CIP accounts, subject
to the availability of funds_
Background
On June 14, 2001, the City Commission adopted Resolution R-01-595, approving the purchase of
Legistar, a legislative document management system, from Daystar Computer Systems, Inc., of
Chicago, Illinois. After extensive negotiations with Daystar, the contract was signed and executed
on November 19, 2001.
On July 26, 2001, the City Commission approved Resolution R-01-743 authorizing the utilization
of State Contract 974-036-01-1 to acquire consulting support services for the implementation of
Legistar. The City selected Everest Solutions, LLC, of New York under this State of Florida
Contract for computer consulting services to assist in the implementation of Legistar. On
September 10, 2001, Dr. Shiny Antony of Everest Solutions started working with the ITD
Legislative Team in this project providing invaluable consulting services and assistance in all
phases of the project. Since this time, we have completed the requirements analysis for the City
Commission and the CRA, flowcharted the City's legislative process, and coordinated with
Daystar changes required to support said process, installation of the system, and training of core
users from the Office of the City Clerk, Agenda Office, Law Department, and CRA.
Following training, the implementation plan called for successfully paralleling 2 or 3 legislative
cycles for City Commission and CRA before live deployment. Unfortunately, we have
encountered delays in this test phase; current plans call for parallel tests of July 17 and July 24
City Commission meetings and June 30 and July 28 CRA meetings, going live immediately after
the August Commission break.
-1-
0 3,1i.
Honorable Mayor and Members of the City Commission
Acquisition of Computer Staffing Services
June 25, 2003
Page 2
To provide for continuity in this project and to leverage the Imowledge already gained, it is most
practical and advantageous for the City of Miami to continue to engage the same consulting firm
"Everest Solutions, LLC" through the completion of this project. Everest has offered to continue
to provide consulting services to the City of Miami at a fee rate below the rate stated in the State
of Florida Contract.
Therefore, it is respectfully requested that the City of Miami Commission authorize the City
Manager to engage the services of Everest Solutions LLC for consulting services for a total an
amount not to exceed $60,000 from the Department of Information Technology's Account Code
119004.460701.6.270, and additionally from various other departmental operating budgets on a
citywide basis and from various CIP accounts, subject to the availability of funds.
None — Budgeted Item
-2-
03- 8K,
Budgetary Impact Analysis
Department ITD Division: Mems & Prong
Commission Meeting Date: July 24, 2003
Title and brief description of legislation or attached ordinance/resolution: Acquisition of Consultant Services
from Everest Solutions
City of Miami
1. Is this item related to revenue? No ® Yes ❑ Revenue Source: Management S Budget
2. Is this item an expenditure? No ❑ Yes ® Amount: $60,000
General Fund Account No: 119004.460701.6.270
Special Revenue Fund Account No:
CIP Project No:
3. Are there sufficient funds in Line Item? No: ❑ Yes:
Sufficient funds will be transferred from the following line items:
ACTION ACCOUNT NUMBER,; T
From $
From $
To $
To $
Date IKIZ-41o3
Time b_SB
Arnount of $ 3 21M1a
available in account number:
I19ooy. 4/&761. S. Z 7
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4. Is this item funded by Hnmeland flefense/Neiohhnrhnnd TmnrnvPmPnt RnndQ9 Nn 141 V,.. n
Project Name
Total Bond
1" Series
Allocah�'l
Balance
Dollars Spent
Allocation
Appropriation
Encumbrances
to Date
Comments:
Approv y:f
-J
6
Dep t D'esignee 15at4
APPROVALS
Verified by CIP: (If applicable)
Director/Designee
Date:
es
0,3— 835
FLORIDA
DEPARTMENT
OF
MANAGEMENT
SERVICES
JEB BUSH
Govemor
CYNTHIA A. HENDERSON
Secretary
MyFbidacorn
TM
State Purchasing
4050 Esplanade Way
Suite 350
Tallahassee, Florida
32399-0950
Telephone:
850-488-8440
Fax:
850-488-5498
Internet:
www.MyFlorida.com
Suite 315
CERTIFICATION OF CONTRACT
TITLE: Consultant Services -IT (Everest Solutions)
CONTRACT NO.: 974-172-03-1
ITN NO.: 974-172
EFFECTIVE: See Contract Paragraph 1.03, Term, and 2.36, Effective Date
SUPERSEDES: 974-172-00-1
CONTRACTOR(S): Everest Solutions (P)
ANY QUESTIONS, SUGGESTIONS, OR CONTRACT
SUPPLIER PROBLEMS WHICH MAY ARISE SHALL BE
BROUGHT TO THE ATTENTION OF MAUREEN LIVINGS
AT (850) 488-2103, SUNCOM 278-2103, E-MAIL:
livin:?mna.dms.state.fl.us
A. AUTHORITY - Upon affirmative action taken by the State of Florida
Department of Management Services, a contract has been executed
between the State of Florida and the designated contractors.
B. EFFECT - This contract was entered into to provide economies in the
purchase of Consultant Services -IT by all State of Florida agencies
and institutions. Therefore, in compliance with Section 287.042,
Florida Statutes, all purchases of these commodities shall be made
under the terms, prices, and conditions of this contract and with the
suppliers specified.
C. ORDERING INSTRUCTIONS - All purchase orders shall be issued
in accordance with the attached ordering instructions. Purchaser
shall order at the prices indicated, exclusive of all Federal, State and
local taxes.
All contract purchase orders shall show the State Purchasing contract
number, product number, quantity, description of item, with unit
prices extended and purchase order totaled. (This requirement may
be waived when purchase is made by a blanket purchase order.)
D. CONTRACTOR PERFORMANCE - Agencies shall report any vendor failure to perform according to
the requirements of this contract on Complaint to Vendor, form PUR 7017. Should the vendor fail to
correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance, is
to be filed with this office.
E. SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed for your
information. Any restrictions accepted from the supplier are noted on the ordering instructions. State
Purchasing has awarded the IT Consulting contracts on a non-exclusive basis to qualified vendors, but
purchasing officers shall seek competition between IT consulting vendors in accordance with contract
paragraph 1.06, titled "Deliverables". The consulting vendor rates published in the contracts are ceiling
rates, and to the extent practicable, agencies should negotiate lower rates depending on the complexity
and duration of a proposed project. Where procurement is sought and only one source is available from
State Term Contracts, the agency/entity shall document this file as to the conditions and circumstances
warranting this decision.
F. CONTRACT APPRAISAL FORM - State Contract Appraisal, form PUR 7073 should be used to
provide your input and recommendations for improvements in the contract to State Purchasing for
receipt no later than 90 days prior to the expiration date of this contract.
1O 2r /Oz
Auth rized Sighature date)
ML/meb
Attachments
,fix,. 03_ 835
x� ;
974-172-03-1 = Consultant Services -IT (Everest Solutions)
Consultant Services -IT
(Everest Solutions)
974-172-03-1
Effective: 10/21/2002 through 10/20/2003
Certification
Legal Information
Exhibit A - Specifications
Exhibit B - Price Sheet
Exhibit C �'. Ordering Instructions
Complete Contract
hap://www.myflorida.com/st—contracts/974172031/
Page 1 of 1
03- 835
6/24/2003
Contract for Information Technology Consulting Services
THIS CONTRACT FOR SERVICES, # 974-172-03-1, by and between the State of
Florida, Department of Management Services, (herein referred to as the "Department'), 4050
Esplanade Way, Tallahassee, FL 32399, and Everest Solutions, LLC (herein referred to as
"Contractor"), 160 Allens Creek Rd., Rochester, New York 14618, a New York limited liability
company, registered in Florida, each referred to herein as "Parry," and collectively referred to as
the "Parties."
WITNESSETH:
WHEREAS, the Department desires to provide Eligible Users, defined hereinbelow,
with information technology consulting services;
WHEREAS, the Department solicited Response to an Invitation to Negotiate # 974-172
to prospective providers of said services; and
WHEREAS, the Contra4or responded to the Invitation to Negotiate and desires to
provide said consulting services; and
WHEREAS, the relationship between the Department and the Contractor will be
mutually beneficial unto each other;
NOW THEREFORE, in consideration of these premises, terms and conditions set forth
herein, the Parties execute this Contract so same becomes binding and enforceable by and
through the Parties, their heirs and assigns, and agree heretofore:
Section One - Scope of Work
1.01 Definitions. The Parties agree to the following:
1.) Consulting Services. Contractor's information technology consulting services
shall consist of the following as contained hereto in the attached Exhibit "A", which is
incorporated herein by reference.
2.) Eligible Users. State ' agencies pursuant to Section 287.056, Florida Statutes,
political subdivisions (county, local county board of public instruction, municipal or other local
public agency/authority) and State Universities, pursuant to Section 240.605, Florida Statutes,
and private non-profit transportation communities pursuant to Chapter 427, Florida Statutes, as
well as any other additional government entities, as may be approved in the future by the State of
Florida Legislature or the Department.
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Department Contractor
r
0d3— 835
3.) Summary Sales Report. Contractor's written report due to the Department at the
end of each Calendar Quarter summarizing all of Contractor's sales to Eligible Users under this
Contract. The Report form shall be provided by the Department to the Contractor upon
execution of this Contract.
4.) Purchase Document. An Eligible User's document to formalize a purchase
transaction with the Contractor, which shall contain statements, including but not limited to,
quantity, description, price of goods and services ordered, payment, discount, dates of
performance, contract number, as well as other applicable factors or suitable references pertinent
to the purchase. The Purchase Document may be a Purchase Order, as defined in Rule 60A-
1.001(12), Florida Administrative Code, for those certain Eligible Users described therein. The
Purchase Document shall be signed by the Eligible User. In addition, the Eligible User and the
Contractor shall be responsible that the Purchase Document contains the performance standards
as described in Section 2.07, Performance Standards, the scope of services as described in
Section 1.02, Purpose, and the totg stated dollar amount as described in Section 1.04, Price, and
Section 1.06, Deliverables, herein.
5.) Contract. This executed document between the Contractor and the Department,
including any and all Exhibits, Addendums or Revisions thereto, including any and all Purchase
Documents issued under this Contract, that constitute the binding agreement between the Parties.
6.) Calendar Quarter. The period of time commencing on January 1' of the
calendar year and extending every three (3) months thereafter.
1.02 Purpose. The Contractor is authorized to provide Consulting Services to any and all
Eligible Users. The Contractor shall ascertain that the scope of Consulting Services be set forth
in the Eligible User's Purchase Document. Any Consulting Services considered for an Eligible
User that are not contained in the definition of Consulting Services as defined herein, are
prohibited unless Contractor has received prior written approval from the Department and such
services are set forth in an addendum hereto executed by all parties. The Parties agree that this
Contract is anticipated to be in excess of Category Two, or $25,000, as defined in Chapter 287,
Florida Statutes.
1.03 Term. The Parties agree that the "Terra" of this Contract shall be for a one (1) year
period commencing upon the execution of this Contract and continuing for one (1) year unless
extended, terminated or renewed as provided herein. In addition, this Contract may be renewed,
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Department Contractor
03-- 835
on the same terms and conditions, in accordance with Section 287.058(1)(f), Florida Statutes, for
up to two (2) additional one (1) year period(s), or the length of the original Contract Term,
whichever period is longer, at the option of the Department. The Department shall provide
written notice to Contractor regarding the intent to renew the Contract prior to the expiration of
the Contract. Renewals shall be contingent upon satisfactory performance evaluations by the
Department. The Parties agree that the prices under this Contract may be re -negotiated at the
time of renewal, if any.
1.04 Price. The Contractor agrees to bill Eligible Users on a monthly time and materials
basis, plus expenses, provided said expenses do not include additional mark-ups. In addition, the
Contractor and the Eligible User shall be responsible for determining a total stated dollar amount
for the price of the Consulting Services and setting forth that total amount in the Purchase
Document. The Contractor shall not exceed that total stated dollar amount under that Purchase
Document. The Contractor agrees to bill the Eligible Users under the following pricing structure
based on the Contractor's staff clfisssification, with rates as set forth in the attached Exhibit `B",
which is incorporated herein by reference.
The Parties agree that the Contractor is prohibited from negotiating or billing in a manner that
exceeds the stated rates included herein or the total stated dollar amount in the Purchase
Document. The Parties agree that the Contractor and the Eligible User may also negotiate fixed-
price contracts for a defined scope of work, billing the Eligible User on a progress completed
basis. The Parties agree that the price charged to Eligible Users shall be subject to audit, and the
Contractor shall make any and all records supporting the billed prices available for inspection,
upon written request by the Department. The Parties agree that any price decrease effectuated
during the Contract Term by reason of market change or volume or services shall be passed on to
the Eligible User; however, price increases for any reason are prohibited.
1.05 Surcharge Fee. The Parties agree, pursuant to Sec. 287.1345, Florida Statutes, to a
surcharge fee of one percent (1%) on the Contractor's sales on any and all Consulting Services
provided to any and all Eligible Users resulting from this Contract. The Contractor shall pay the
surcharge to the Department and must include the surcharge in the prices quoted hereinabove
and any other negotiable prices quoted to Eligible Users. The Contractor agrees that the
surcharge shall be payable to the State of Florida and the Contract number should be noted on
the Contractor's check and remitted to the following:
3 W leja� &V
Department Contractor
03_ 835
State of Florida
Department of Management Services
P.O. Box 5438
Tallahassee, FL 32314-5438
The Contractor shall provide the Department with the Contractor's written Summary Sales
Report and surcharge fees at the end of each Calendar Quarter. The Parties agree that the
Summary Sales Report shall be subject to audit and any and all Contractor records shall be
subject to inspection by the Department upon reasonable notice provided to the Contractor. The
Contractor agrees that the submittal of the Summary Sales Report is a certification by the
Contractor that the report is a true, accurate and correct representation of the sales activity during
that Calendar Quarter. The Parties agree that failure to comply with the surcharge fee
requirements shall result in the Contractor being found in default. In addition, the Department
shall have the option to immediately and unilaterally cancel the Contract as well as charge any
and all re -procurement costs against the Contractor as contained in Section 2.06 herein.
1.06 Deliverables. The Contractor acknowledges that the Eligible User shall be responsible
for preparing a statement or scope of work for submission to minimum of three (3) contractors
who currently hold state term contracts for Information Technology Consulting Services, who
are able to provide the services, (which may include the Contractor), receiving proposals, and
negotiating a contract with the selected contractor. The Eligible User and the selected contractor
shall include in their Purchase Document the following items: services needed with specific
deliverables, projected time commitment including commencement and completion date,
assigned personnel, negotiated hourly rates or negotiated project costs, resolution of any
potential developed/modified software ownershiptlicensing issues, performance standards for the
Contractor, as described in Section 2.07, herein, as well as the total stated amount of the
Consulting Services, as contained in Section 1.04, herein.
1.07 Payment. Charges for Consulting Services rendered by the Contractor shall be invoiced as
the Consulting Services are performed monthly, or in accordance with a performance schedule
established and agreed between the Eligible User and the Contractor. The Contractor shall
submit bills for fees or other compensation for services and/or expenses in sufficient detail for a
proper preaudit and postaudit thereof, pursuant to Section 287.058, Florida Statutes. The
Contractor agrees to submit any and all invoices for travel, if applicable, in accordance with
4
Department Contractor
03- 835
Section 112.061, Florida Statutes. The Parties agree that payments to the Contractor will be
made in accordance with Section 215.422, Florida Statutes.
1.08 Ordering Instructions. The Parties agree that Purchase Document shall be issued in
accordance with the Ordering Instructions, attached hereto as Exhibit "C" and incorporated
herein by reference. Eligible User shall order at the prices indicated, or negotiated, exclusive of
all Federal, State and local taxes, consistent with Section 1.04, herein.
SECTION TWO - REQUIREMENTS
2.01 Good Standing. The Contractor must maintain good standing as a Florida profit or non-
profit corporation, partnership, limited liability company, or other recognized business entity
authorized to transact business pursuant to the laws of this State and any other applicable law.
The Contractor shall submit a certified copy of a Certificate of Status from the Secretary of State,
Division of Corporations, to the Department concurrent with the execution of this Contract. In
addition, the Contractor shall submit a resolution to the Department concurrent with the
execution of this Contract, indicating that the person(s) executing this Contract are authorized by
the shareholders or partners of the business, whichever is applicable.
2.02 Warranty of Ability to Perform. The Contractor shall warrant that there is no action,
suit, proceeding, inquiry or investigation at law or equity, before or by a court, governmental
agency, public Board or body, pending or threatened, to the best of the Contractor's knowledge,
that would in any way prohibit, restrain or enjoin the execution or delivery of the Contractor's
obligations, diminish the Contractor's obligations, or diminish the Contractor's financial ability
to perform the terms of this Contract. During the tern of this Contract, if any of the
aforementioned events occur, the Contractor must immediately notify, in writing, the Department
of same, and the Department has the discretion to consider same as sufficient cause for the
termination of this Contract, pursuant to Section 2.06 herein.
2.03 Indemnity. The Contractor at all times, agrees to indemnify, save free, and hold harmless
the Department and its agents and employees from any and all costs, loss, damage, liability,
expense, claim, demand, judgments, courts costs and attorneys' fees, that may arise from or be
claimed against the Department by any person(s) for any injuries or death or damage to property,
damage of whatever kind or character consequent upon or arising from the use and occupancy of
the Eligible User's premises, products or services by the Contractor, or consequent upon or
arising from any neglect or fault of the Contractor from any products or services provided
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Department Contractor
03- 835
hereunder, to comply with all laws, statutes, rules and regulations of the State of Florida and the
United States of America, now or thereafter in force; and if suits or proceedings shall be brought
against the Department, or its agents or employees, that the Contractor, upon request of the
Department, shall defend the same and shall pay whatever judgment(s) that may be obtained
against the Department, its agents and/or employees.
2.04 Dispute Resolution. Any dispute concerning performance of the Contract shall be decided
by the Contract Administrator, who shall reduce the decision to writing and serve a copy on the
Contractor. The decision of Contract Administrator shall be final and conclusive unless within
ten (10) days from the date of receipt, the Contractor files with the Contract Administrator a
petition for administrative hearing. Said petition shall be addressed to the Secretary of the
Department, hereinafter referred to as "Secretary." The Secretary's decision in the event of any
such petition shall be final, subject to the Contractor's right to administrative and judicial review
pursuant to Chapter 120, Florida Statutes.
2.05 Liquidated Damages. Thekontractor acknowledges that the Department retains the sole
discretion of whether to exercise the remedy of liquidated damages for the specific default
conditions mentioned herein, in addition to other legal remedies available as provided in Section
2.06, herein. In the event of a default, the Parties acknowledge and agree that the Party not at
fault in the event of a default may be entitled to damages and that by their nature such damages
will be difficult to ascertain at the time of the default and are impossible to ascertain at this time.
The issues involved in determining the amount of damages to which the non -defaulting Party
would be entitled will be multiple and complex, and will be dependent on many and variant
factors, proof of which could be burdensome. Further, the Parties wish to avoid lengthy and
expensive litigation upon occurrence of an event of default. Therefore, the Parties agree, in view
of the circumstances and uncertainties that may be present at the time of a default, that it will be
in the best interests of both Parties and the State of Florida that the Parties agree upon a
reasonable amount of liquidated damages. The Parties further stipulate that the amount of
liquidated damages provided for herein is not intended to be a penalty and is purely intended to
fully compensate for unknown and unascertainable damages.
(a) Regardless of whether the time for completion of Consulting Services is stipulated in
hours, calendar days, working days or business days, default days shall be counted in calendar
days. The Parties agree that if the Department allows Contractor to continue and to -finish the
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Department Contractor
0383b
Consulting Services, or any part of it, after the expiration of the time allowed, including
extensions of time granted to Contractor, that the Department's action shall in no way act as a
waiver on the part of Department of the Iiquidated damages due under this Contract. The Parties
agree that liquidated damages will be assessed on the Contractor at the rate of $100.00 per
calendar day for each calendar day that Contractor fails to complete agreed upon Consulting
Services after expiration of the time allowed by the requirements of the Contract for completion
of any Consulting Services, subject to force majeure, as contained in Section 2.23 herein.
Provider shall pay said sum to Department not as a penalty, but as liquidated damages.
2.06 Cancellation/Termination/Default. It is likely that this Contract may be cancelled during
the Contract Term in order to accommodate the new E -Procurement system by the Department.
In addition, this Contract may be cancelled in whole or in part by either Party, for any reason, by
giving thirty (30) days written notice to the other Party. In addition and pursuant to Section
287.058(l)(c), Florida Statutes, the Department shall unilaterally cancel this Contract if the
Contractor refuses to allow pubf& access to any and all documents, papers, letters, or other
material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
Contractor in conjunction with the Contract. The Parties agree that failure to perform according
to this Contract and the scope of work, as defined between the Contractor and Eligible User,
shall be sufficient cause for the Contractor to be found in default in which event the Department
shall exercise any and all available legal remedies including any and all re -procurement costs
that may be charged against the Contractor. As stated in Section 2.05 herein, the Department
may exercise the right of liquidated damages for specific default conditions mentioned therein.
However, the Department reserves the right in addition to the imposition of liquidated damages,
to cancel the Contract by giving thirty (30) days written notice to the Provider, and exercise any
and all other remedies in contract and tort for default conditions. In addition, pursuant to Rule
60A-1.006(3), F.A.C., any violations may also result in the Contractor's name being removed
from the State Purchasing Vendor List and Eligible Users being advised to not do business with
the Contractor.
2.07 Performance Standards. The Contractor must warrant that all work performed complies
with customary, reasonable, and prudent standards of care in accordance with the industry and must
perform Consulting Services in a professional manner. The Contractor and the Eligible User shall
set forth the performance standards particular to the Consulting Services in the Purchase Document
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Department Contractor
03_ -835
The Contractor agrees that if the level of performance of Consulting Services is not to industry
standard, that the Department, in its sole discretion, shall consider such failure as a default and
unilaterally terminate this Contract, pursuant to Section 2.06, herein.
2.08 Insurance Requirements. The Contractor must carry as a minimum $1,000,000.00 of
general liability coverage, which shall include errors and omissions coverage, or the aggregate total
of all Purchase Documents outstanding at any one period of time, whichever amount is greater.
The Contractor shall add the Department as an additional insured on the general liability coverage.
The insurance shall cover all of the Contractor's operations under this Contract and shall be
effective throughout the Term of this Contract, as well as any renewals or extensions thereto. It is
not the intent of this Contract to limit the types of insurance otherwise required by this Contract or
that the Contractor may desire to obtain or be required to obtain by law. The Contractor must
submit a Certificate of Insurance indicating coverage for general liability purposes and additional
insured coverage, and shall maintain and pay for same throughout the Term of this Contract. A
Certificate of Insurance indicating alequate coverage shall be submitted to the Eligible User prior to
the issuance of any Purchase Document. Any and all insurance policies shall be through insurers
qualified to do business in Florida.
2.09 ADA Requirements/Unauthorized Aliens. Contractor assumes the sole responsibility for
compliance with all laws, rules and regulations stated in the Americans with Disabilities Act.
The Contractor acknowledges and affirms that the employment of unauthorized aliens by the
Contractor shall be considered a violation of Section 247A(e) of the Immigration and
Nationalization Act. If the Contractor knowingly employs unauthorized aliens, such violation
shall be cause for unilateral cancellation of the Contract. The Parties agree that failure to comply
with this section shall be grounds for termination of this Contract in accordance with Section
2.06 herein. By reference, Contractor affirms that it is not in violation of either law at the
present time.
2.10 Non -Discrimination and Equal Opportunity. The Contractor agrees to not discriminate
on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's
status in their operation management and employment practices and with respect to availability
and accessibility of products and/or product services to the public. The Contractor agrees to
comply with all applicable laws of the State of Florida and of the United States of America,
regarding such non-discrimination and equality of opportunity.
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Department Contractor
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Furthermore, in accordance with Section 287.134, Florida Statutes, an entity or affiliate who has
been placed on the discriminatory vendor list may not submit a bid on a contract to provide
goods or services to a public entity and may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under contract with any public entity, and may not transact
business with any public entity. By reference, the Contractor submits that he is not in violation
of either law at the present time. The Parties agree that a violation of this section shall
constitute sufficient grounds for termination as stated in Section 2.06, herein.
2.11 Public Entity Crime. The Contractor certifies that during the Term of this Contract and
any renewals thereof as contained in Section 1.03 herein, that the Contractor is not listed on the
convicted vendor list by the Department or any convicted vendor list maintained by the Federal
Government. The Contractor agrees that it may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant for the Department for a period of thirty-six (36) months
from the date of being placed on the convicted vendor list. A "person" or "affiliate" includes any
natural person or any entity, including predecessor or successor entities or any entity under the
control of any natural person who is active in its management and who has been convicted of a
public entity crime (Section 287. 133, Florida Statutes). The Parties agree that a breach of this
section shall constitute sufficient grounds for termination as contained in Section 2.06, herein.
2.12 Patents and Royalties. The Contractor, without exception, shall indemnify and save
harmless the Department from liability of any nature or kind, including cost and expenses for or
on account of any copyrighted, patented, or unpatented invention, process or article supplied by
the Contractor. Further, if such claim is made or is pending, the Contractor may, at its option
and expense, procure for the Department the right to continue use of, replace or modify the
article to render it noninfringing, or accept the return of the article and reimburse the Eligible
User for all costs incurred. If the Contractor uses any design device, or materials covered by
letters, patent or copyright, it is mutually agreed and understood without exception that the
negotiated prices shall include all royalties or costs arising from the use of such design, device,
or material in any way involved in the work.
2.13 Intellectual Property. Unless otherwise expressly agreed to, any ideas, concepts, know-how,
data processing techniques, data compilations, software, documentation, diagrams, schematics or
blueprints developed by Contractor personnel in connection with this Contract shall be the
exclusive property of the Eligible User. The Parties agree that any joint or future software
9 LO rz
Department Contractor
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development effort shall be subject to a separate agreement signed by Eligible User and the
Contractor, wherein all ownership and license rights to such developed product shall be specified in
detail. In the absence of such agreement, each party shall maintain sole ownership of its own
protectable proprietary materials, which are developed or owned solely by the Eligible User or the
Contractor, respectively. Nothing in this Agreement shall affect in any way the Department,
Contractor, or third party, ownership of all right, title and interest in and to any existing contractor,
or third party, system software, application software, routines, techniques, ideas or formulae which
may be utilized in whole or in part by either Party in performing services hereunder, or any
modifications, enhancements or derivative works thereof, which shall remain solely the property of
the Contractor.
2.14 Assignment. The Contractor may not sell, assign or transfer any of its rights, duties or
obligations under this Contract without the prior written consent of the Department. However,
the Department shall have the ability to assign this Contract provided it provides written notice
to Contractor of its intent to do so
2.15 Governmental Restrictions. In the event any governmental restrictions may be imposed
that would necessitate alteration of the material, quality, workmanship or performance of the
products and/or product services offered in this response prior to their delivery, it shall be the
responsibility of the Contractor to immediately notify the Department in writing, indicating the
specific regulation that requires the alteration. The Department reserves the right and the
complete discretion to accept any such alteration or to cancel the Contract at no further expense
to the Department, pursuant to Section 2.06 herein.
2.16 Legal Requirements. If any dispute arises out of this Contract, the venue of any such
legal recourse will be Leon County, Florida. The Parties agree that any and all applicable
provisions of Federal, State, County and local laws and all ordinances, rules and
regulations shall govern this Contract. The Parties agree that should a dispute arise
regarding the subject matter herein which results in litigation, the prevailing party shall be
awarded reasonable attorneys' fees and costs for such litigation and any and all appeals.
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2.17 Notice. All notices under this Contract to be served upon the Department shall be served
by certified mail, return receipt requested, by reputable air courier service, or delivered
personally to each of the following:
Department of Management Services
Division Director
Division of State Purchasing
4050 Esplanade Way
Tallahassee, FL 32399-0950
Department of Management Services
Office of the Secretary
4050 Esplanade Way
Tallahassee, FL 32399
Department of Management Services
Office of the General Counsel
4050 Esplanade Way
Tallahassee, FL 32399
All notices under this Contract to be served upon the Contractor shall be served by certified mail,
return receipt requested, by reputable air courier service, or delivered personally to:
Ms. Barbara Radner, Business Manager
Everest Solutions, LLC
160 Allens Creek Road
Rochester, New York 14618
The Parties agree that any change in the above -referenced address or name of the contact person
shall be submitted in a timely manner to the other Party.
2.18 Worker's Compensation Insurance Requirements. The Contractor shall take out and
maintain throughout the Term of this Contract, Worker's Compensation Insurance for all of its
employees connected with the work of this project and, in case any work is sublet, the Contractor
shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of
the latter's employees unless such employees are covered by the protection afforded by the
Contractor. Such insurance shall comply fully with the Florida Worker's Compensation law. In
case any class of employees engaged in hazardous work under this Contract at the site of the
project is not protected under the Workmen's Compensation statute, the Contractor shall provide,
Department Contractor
03" 835
and cause each sub -contractor to provide, adequate insurance, satisfactory to the Eligible User,
for the protection of its employees not otherwise protected. The Contractor must submit a
Certificate of Insurance indicating worker's compensation insurance coverage, to the Eligible
User at the time the Purchase Document is drawn.
2.19 Lobbying. Pursuant to 216.347, F.S., the Contractor may not expend any state funds for
the purpose of lobbying the Legislature, the judicial branch, or a state agency.
2.20 Internet Home Page. This Contract is a public document. The Department is using the
Florida Communities Network (FCN) on the Internet World Wide Web (WWW) to distribute
State Term Contracts and product information to Eligible Users and other interested entities.
While not required at this time, each Contractor is encouraged to develop and maintain a home
page on the Internet WWW. The home page must be compatible with the most recent version of
browser software being used by the State of Florida, State Technology Office. As of the writing
of this Contract, Netscape Navigator 4.0 is the browser standard. The Department intends to
upgrade to new browser versions; as they become available and fully tested, at its discretion.
The Universal Resource Locator (URL) for the home page must be listed in the space provided
on the Ordering Instructions page of the Contract.
2.21 Confidential Information. Each Party may have access to confidential information made
available by the other. The Parties agree that each party shall protect such confidential
information in the same manner as it protects its own confidential information of like kind.
Disclosure of any confidential information received by the State of Florida will be governed by
the provisions of the Florida Public Records Act, Chapter 119, Florida Statutes.
2.22 Independent Contractor. In connection with this Contract, each Party is considered an
independent contractor and as such will not have any authority to bind or commit the other.
Nothing herein shall be deemed or construed to create a joint venture, partnership or agency
relationship between the Parties for any purpose.
2.23 Force Majeure. Neither party shall be liable for any delays or failures in performance due
to circumstances beyond its control, provided said Party experiencing the force majeure
condition provides immediate written notification to the other Party and takes all reasonable
efforts to cure said condition.
2.24 Advertising. No Contractor advertising or publicity, including, but not limited to press
releases and references, is allowed unless the Contractor receives prior written permission from
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the Department. The Contractor shall not use the Department's name, or the State of Florida, or
any other identifying marks or property for any advertising or publicity purposes unless the
Contractor receives prior written approval from the Department.
2..25 Key Personnel Assignment. The Contractor agrees that in the event it becomes necessary
for the Contractor to change key personnel while performing the services hereunder, substitution
of said personnel shall take place upon the Eligible User's prior written consent. Failure to
notify the Eligible User prior to the change of key personnel or a substantial change in key
personnel as determined by the Eligible User may be sufficient cause for default of this Contract
pursuant to Section 2.06, herein.
2.26 Severability Clause. The Parties agree that if any term of condition herein is deemed void
or unenforceable by a court of competent jurisdiction, the other provisions are severable to that
void provision and shall remain in full force and effect.
2.27 Appropriations. The Parties agree that the Eligible User's performance and obligation to
pay under this contract is contingent upon an annual appropriation by the Legislature. In the
event the appropriation is not made, the Contractor shall not be entitled to file a claims bill.
2.28 Conflict of Interest. The Contractor agrees to disclose the name of any officer, director,
or agent who is also an employee of the State of Florida, or any of its agencies. In addition, the
Contractor also agrees to supply the name of any State employee who owns, directly or
indirectly, an interest of five percent (5%) or more in Contractor.
2.29 Addition/Deletion. The Parties agree that the Department reserves the right to add or to
delete any products and/or product services from this Contract when deemed to be in the State's
best interest.
2.30 Waiver. The delay or failure by the Department to exercise or enforce any of its rights
under this Contract shall not constitute or be deemed a waiver of that Party's right thereafter to
enforce those rights, nor shall any single or partial exercise of any such right preclude any other
or further exercise thereof or the exercise of any other right.
2.31 Interpretation. The Parties agree to the following rules regarding the interpretation of this
Contract: i.) the Florida Statutes, the Florida Administrative Code and other Florida law shall
govern any inconsistencies in this Contract, ii.) headings and captions are for convenience only
and are not to be used in the interpretation of this Contract, iii.) all references to Sections and
Exhibits are to Sections and Exhibits contained in this Contract, iv.) the provisions of the
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Exhibits are incorporated in this Contract, and in the event of a conflict, the terms and conditions
of the Contract govern over any terms and conditions set forth in the Exhibits.
2.32 Contract Administrator. The Department shall name a Contract Administrator during the
Term of this Contract whose responsibility shall be to maintain this Contract. The Contractor
shall provide written notice of any contract changes to the Contract Administrator. The Contract
Administrator is currently Maureen Livings and the contact information is contained in the
Section 2.17, entitled Notice, herein.
2.33 Drug Free Workplace Program. The Contractor agrees to implement a drug free
workplace program as defined in 287.087, Florida Statutes, throughout the Term as defined in
Section 1.03, herein.
2.34 Waiver of Jury Trial. The Contractor agrees that in the event litigation ensues regarding
this Contract, that the Contractor waives its right to a jury trial.
2.35 Performance Bond. The Contractor agrees to provide the Eligible User with a
performance bond in the total ariiount of the Purchase Order guaranteeing that the Contractor
will perform all Consulting Services according to this Contract, within the time stipulated and
agreed pricing, if the Purchase Order meets or exceeds Category Five, or $250,000. In addition,
Contactor agrees to provide the Eligible User a performance bond, regardless of the category
amount, in the total amount of the Purchase Order if any item, portion or part of the scope of
work contained in the Purchase Order includes modifying, maintaining, or fixing any data file
systems (i.e. flat file, indexed file, or database structure) or source code programs pertaining or
relating to State of Florida owned systems software and/or applications software.
Notwithstanding the above, the Parties agree that if the Contractor performs such services on a
time and materials basis rather than a fixed deliverable basis, the Parties may exempt the
Contractor from the performance bond requirement with the written consent of the State of
Florida's Chief Information Officer of the State Technology Office or his or her duly authorized
designee, as defined in Section 282.12, Florida Statutes. The Contractor shall provide the
performance bond to the Eligible User and a copy to the Department before any Consulting
Services commerce, Said bond shall be issued from a reliable surety company, licensed to do
business in the State of Florida and approved by the Federal Department of Treasury. The
Eligible User and the Contractor shall not issue numerous Purchase Orders to evade the intent of
this section.
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Department
. IM —
Department Contractor
03- 835
2.36 Effective Date. The effective date of this Contract shall be the date last ascribed
hereinbelow.
2.37 Entire Agreement. This Contract contains all the terms and conditions agreed upon by the
parties. No oral agreements or representations shall be valid or binding upon the Department, an
Eligible User or the Contractor unless expressly contained herein or by a written amendment to
this Contract, which is not in conflict with the terms and conditions of this contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed,
on the dates shown below their respective names.
"DEPARTMENT"
"CONTRACTOR"
Signature
Print name: Me (l ss i- ebw i,! C ?, Print name: -&R-w,-4 W • KA u N w1 -
Title: pec,4jq Dr, J t(Ate t"uvt.lnus i r �-Title:
Date: 101 z 11 a Z Date:
Approved as to form and legality by
the Department General Counsel's Office
�i�l-��
Print name:
Date: "L
15
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Department Contractor
:- , t
03- 835
Exhibit "A" – Portfolio of Services
Everest Solutions, LLC
Everest Solutions, LLC Information Technology Consulting Services
Everest Solutions, LLC offers a specialized staff of contract programmers to meet all migration
and management information system needs. Our strength is our people. Our consultants are
highly trained in the tools, technologies, and methodologies required to complete projects
successfully and timely. Our staff is well trained in every aspect of the Systems Development
Life Cycle, from the requirement analysis stage to the final implementation of business system.
Our consulting company has a strong track record of success with customers big and small. We
offer a specialized staff to meet all migration and management information system needs. Our
consultants specialize in:
Developing customized computer software for mainframe, midrange, PC or client/server
environments. --
Handling your Migration Projects from beginning to end whether it is for your platform,
applications or language migrations.
Providing Contract Programming Services for short/long term needs, to -solve technical problems
or to fill open positions.
CUSTOMIZED COMPUTER SOFTWARE Are you looking for an application and know
exactly what you want, but can't find it? Our team of professionals have developed many
different types of specialized applications tailored to the needs of our customers. We have
successfully developed payroll applications, financial tracking applications, state government
applications, and many more. We focus on your needs and requirements to develop the best
application for your situation. Our consultants use their Creativity, Technical Expertise, and
ability to think "Out -of -the -Box" to develop a solution that will be Flexible, Usable, Scalable,
Stable and Secure.
Migration Projects Does a big migration project make you nervous? We are here to make it as
painless as possible. With us on your team you can reduce your cycle time and lower the costs.
Our experienced staff is available to minimize your risk and streamline the process. With us on
the job, your key personnel are free to work on other projects. Our people have done many
different migration projects including the Migration of Platforms, Programming Languages,
Applications, and more...
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wier/—
Department Contractor
03.E 835
Contract Programming Services Why waste time increasing your staff to do a special project or
for regular maintenance issues? Recruiting and retaining employees takes a lot of time - time
you don't have. Our people have the expertise to come in and do it for you without the Human
Resources headaches. Finding the right employee for your organization can take days, but our
employees are already screened and ready to work. That combined with our VERY competitive
rates makes using our consultants a very sensible solution.
With today's ever-changing technology, many companies have a complex and diverse
information technology infrastructure. Our consultants are trained to work on many different
types of systems in order to provide our customers with a total solution.
Whether it is a specific project that you need developed or supplemental staffing that you
need, Everest Solutions can successfully fill your needs. Our consultants are known for their
ability to meet your needs. Our focus is always on our Customer and what we can do for
them.
The Ultimate Result: PEACE OF NW-4D..With our consultants on the job, you know you get the
expertise to complete the job efficiently, effectively and correctly the first time around. You will
reduce your risks and costs while simultaneously increasing your productivity. With us on your
team, you are free to work on other things without worrying...
17 wiew &N/C
Department Contractor
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Exhibit "B"- Labor Categories/Rates Schedule
Everest Solutions, LLC
Everest Solutions, LLC
Information Technology Consulting Services
Positions and Pricing Schedule
Type of Positions
Senior Systems Analyst
Systems Analyst
Programmer Analyst
Systems Programmer
Database Administrator
Project Manager
Florida Hourly Rate Range
$65 ` $90
$55—$85
$50—$70
$70—$95
$75—$125
$95-$150
Standard Hourly Rate Range
$70—$100
$60—$95
$55—$80
$80—$105
$85—$140
$105—$165
Notes:
Additional discounts may be available for multiple consultants, projects or long term
assignments.
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Department Contractor
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r ..
Description of Positions
Senior Systems Analyst
Reviews, analyzes and evaluates complex systems and user requirements both within and across
departmental units. Aids in the formulation of solutions and systems that meet the overall
business strategy. This higher level position requires independent judgement and a high level of
experience with complicated tasks. May direct the work of others.
Systems Analyst
Reviews, analyzes and evaluates systems and user requirements. Aids in the formulation of
solutions and systems that meet the overall strategy. Works under supervision and relies on pre-
established guidelines to perform the work.
Programmer Analyst
Assists with review and analysis, converts application specifications into work flow diagrams,
and designs, develops and codes programs within applications. May also aid with testing,
implementation, and documentation.
Systems Programmer
Is involved during entire life cycle of system development. Reviews, analyzes, plans, designs
and develops complex applications. Also works in testing, implementation, and documentation
stages.
Database Administrator
Administers, develops and implements policies to guarantee database security and integrity,
including backup and recovery. Implements database designs and resolves any database issues.
Project Manager
Is responsible for overall management of complex business initiatives. Defines, analyzes, and
proposes cost-effective solutions to multi -faceted requirements and issues. Methodically plans,
directs and measures project and team members to reach the desired results.
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(JAW
Department Contractor
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Exhibit `°C" -ORDERING INSTRUCTIONS
NOTE: ALL ORDERS SHOULD BE DIRECTED TO:
SPURS VENDOR NUMBER: F-161542182-003
VENDOR: Everest Solutions, LLC (P)
STREET ADDRESS OR P. O. BOX: 160 Allens Creek Road
CITY, STATE, ZIP: Rochester, New York 14618
TELEPHONE: (877)385-9579 OR (585)295-1010
4
ORDERING FAX NO.: (585)295-1003
SERVICES INFORMATION: DIRECT INQUIRY TO:
NAME AND TITLE: Barbara Radner, Business Manager
ADDRESS: 160 Allens Creek Road
CITY, STATE, ZIP: Rochester .New York. 14618
TELEPHONE: (877)385-9579 OR (585)295-1010
URL HOME PAGE www.everestsolutions.com
ELECTRONIC MAIL ADDRESS: Barbara@everestsolutions.com
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Department Contractor
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AWARD UNDER STATE OF FLORIDA
CONTRACT NO 974-172-03-1
ITEM: Consultant Services
DEPARTMENT: Information Technology
TYPE OF PURCHASE: Contract
REASON: To acquire systems analysis services, technical
support, and other professional services through
the implementation of the Legistar legislative
management system.
RECOMMENDATION: It is recommended that the award be made to
= Everest Solutions, LLC, for the acquisition of
systems analysis services, technical support and
other professional services, on an as needed
contract basis, awarded under existing State of
Florida Contract No. 974-172-03-1, effective
through October 20, 2003, subject to any
extensions or replacement contracts by the State
of Florida, for the department of Information
Technology at a total amount not to exceed
$60,000; allocating funds from the department
of Information Technology account code no.
119004.460701.6.270, and from the
operating budgets of various user departments
and from various CIP accounts, subject to the
availability of funds.
AwardStateConUuts A``