HomeMy WebLinkAboutR-03-1040J-03-829
09/23/03 93-1040
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE CITY MANAGER'S APPROVAL OF THE
FINDINGS OF THE EVALUATION COMMITTEE'S
FINDING AND RECOMMENDATION OF INFORMAL
REQUEST FOR PROPOSALS NO. 02-03-216, ISSUED
TO STATE CONTRACT CONSULTANTS, THAT THE MOST
QUALIFIED FIRMS TO PROVIDE BUSINESS PROCESS
REENGINEERING (BPR) AND SUBJECT MATTER
EXPERTS (SME) SERVICES ARE, IN RANK ORDER:
(1) BLACKWELL CONSULTING SERVICES, LLC
("BLACKWELL") AND (2) BEARING POINT, INC.
("BEARING"); AUTHORIZING THE CITY MANAGER TO
NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT
("AGREEMENT") WITH THE TOP-RANKED FIRM TO
PROVIDE SAID SERVICES FOR A TWO-YEAR PERIOD,
WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL
TWO-YEAR PERIODS; FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH
BEARING, THE SECOND -RANKED FIRM IN THE EVENT
NEGOTIATIONS FAIL WITH THE TOP-RANKED FIRM;
AND DIRECTING THE CITY MANAGER TO PRESENT
THE NEGOTIATED AGREEMENT TO THE CITY
COMMISSION FOR CONSIDERATION.
WHEREAS, the City of Miami ("City") partnered with Arthur
Anderson for the provision of a Technology Strategic Plan that
highlighted an initiative to implement a commercial off the
shelf Enterprise Resource Planning (ERP) software system to
provide modern, reliable, efficient and integrated support for
the City of Miami's finance, employee relations, budget, payroll
and purchasing functions; and
:CITY COMMISSION
MEETING OF
SEP ? 5 2093
Resolution No.
,j3-1040
e t
WHEREAS, the first major phase of the ERP project is the
procurement of Business Process Engineering ("BPE") services and
the augmentation of the City's ERP project team with Subject
Matter Experts ("SME"); and
WHEREAS, the City issued informal Request for Proposals
No. 03-02-216 seeking proposals from Business Process
Reengineering ("BPR") and SME vendors under contract with the
State of Florida, to provide said services for the City's ERP
Project; and
WHEREAS, a total of three (3) proposals were received and
evaluated by the Evaluation Committee, which ranked Blackwell
Consulting Services, LLC ("Blackwell") as the top-ranked firm to
provide the BPR and SME services, and recommended that the City
Manager be authorized to negotiate with Bearing Point, Inc.,
("Bearing") the second -ranked firm should negotiations fail with
the top-ranked firm; and
WHEREAS, the City Manager has approved the findings and
recommendations of the Evaluation Committee and recommends that
the same be accepted;
Page 2 of 4 1j3-1040
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 City Manager's approval of the
Evaluation Committee's finding and recommendation of Informal
Request for Proposal No. 02-03-216, that the most qualified
firms to provide BPR and SME Services are, in rank order: (1)
Blackwell, State Contract No. 974-194-03-1 and (2) Bearing,
State Contract No. 973-572-04-1, is accepted.
Section 3. The City Manager is authorized!' to negotiate
a Professional Services Agreement ("Agreement") with Blackwell,
the top-ranked firm, for a two-year period, with the option to
extend for two additional two-year periods.
Section 4. The City Manager is further authorized" to
negotiate an Agreement with Bearing, the second -ranked firm, in
the event negotiations fail with the top-ranked firm.
Section 5. The City Manager is directed to present the
negotiated Agreement to the City Commission for consideration.
�i The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable
provisions of the City Charter and Code.
Page 3 of 4
03-1040
Section 6. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.V
PASSED AND ADOPTED this 25th day of September , 2003.
�-
MANUEL'A. DIAZ, nOR
ATTEST:
4ISCILLA4A�OMPSON
CITY CLERK
APPROVED AS TCL FORMe D CORRECTNESS:/
TY
W7oS40:tr:AS:BSS
zi 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 4 of 4
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CITY OF MIAMI, FLORIDA 21
INTER -OFFICE MEMORANDUM
TO: . Honora e Mayonand em ers DATE: SEP 16 2043 FILE:
:of the C ty mmiss' n SUBJECT
Recommendation for
CA Award of RFP #02-03-216:
FROM:
Joe Arriola REFERENCES: Professional Consulting
6ief Administrator / City Manager Services for Business
ENCLOSURES: Process Reengineering
and Subject Matter Experts
Recommendation
It is respectfully recommended that the City Commission adopt the attached resolution accepting
the recommendation of the City Manager approving the findings, of the Evaluation Committee
pursuant to an informal Request for Proposals No. 02-03-216 issued to State of Florida State
Contract Consultants, that the most qualified firms to provide Business Process Reengineering
(BPR) and Subject Matter Experts (SME) services are, in rank order: (1) Blackwell Consulting
Services, LLC and (2) Bearing Point, Inc. Please authorize the City Manager to negotiate a
professional services agreement with the highest ranked firm for the provision of BPR and SME
services and to negotiate an agreement with the second -ranked firm, in the event negotiations fail
with the top-ranked firm. Please also direct the City Manager to present.the agreement to the City
Commission for consideration.
Background
In 2001, the City of Miami partnered with Arthur Anderson Corporation for the provision of a
Technology Strategic Plan. This plan highlighted a number of strategic technology initiatives the
City needs to complete within the next few years. One of these initiatives is the acquisition and
implementation of a commercial off the shelf Enterprise Resource Planning software system
(ERP) to provide modern, reliable, efficient and integrated support for the City's finance,
employee relations, budget, payroll and purchasing functions. This project includes
reengineering current processes to reflect industry best practices.
Therefore, the first major phase of the ERP project is to contract for Business Process
Reengineering services and Subject Matter Experts in the areas of finance, employee relations
and budget. The BPR study will include reviewing and mapping of the current state of business
processes in the key areas mentioned above, documenting industry best practices and providing a
gap analysis and a road map for the City on how to implement industry best practices to improve
efficiencies, performance, accountability and minimize customization during the ERP
implementation.
The first major phase of the ERP project also includes augmenting the City of Miami ERP project
team with Subject Matter Expert resources. The SMEs are specialists in the areas of finance,
employee relations and budget.
A -
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Honorable Mayor and Members of the City Commission
Business Process Reengineering and Subject Matter Experts
September 25, 2003
Page 2
The City of Miami issued an informal RFP to seek proposals from qualified and experienced
firms off the State of Florida computer consulting services contract to provide professional
consulting services for Business Process Reengineering and Subject Matter Experts. The firms
invited to respond were BearingPoint, Inc. (State of Florida Contract No. 973-572-04-1),
Blackwell, Inc. (State of Florida Contract No 974-194-03-1), IBM Corporation (State of Florida
Contract No 973-504-03-1), MGT of America, Inc. (State of Florida Contract No 973-574-03-1)
and TekSystems, Inc. (State of Florida Contract No 974-062-03-1).
A mandatory Pre -Proposal conference was conducted on August 12, 2003 at City Hall with
potential proposers to discuss the City's needs and the services to be provided. A total of three
(3) responsive Proposals were received and evaluated by the Evaluation Committee. The
Committee met on two occasions, September 2, 2003 and September 5, 2003, at which time the
Committee heard oral presentations from the three (3) firms who were short-listed. Following
discussion, deliberation and evaluation, the Committee recommended Blackwell Consulting
Services, LLC as its top-ranked firm. Should negotiations fail with Blackwell Consulting
Services, LLC, the Committee recommended the City negotiate with Bearing Point, Inc., until
a successful contract is negotiated.
F1 CALACT: None —Budgeted Item
JA :rh
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FLORIDA
DEPARTMENT
OF
MANAGEMENT
SERVICES
JEB BUSH
Governor
CYNTHIA A. HENDERSON
Secretary
Wbrida.com
TM
State Purchasing
4050 Esplanade Way
Suite 350
Tallahassee, Florida
32399-0950
Telephone:
850-488-8440
Fax:
850-488-5498
Intemet:
www.MyFlodda.com
Suite 315
CERTIFICATION OF CONTRACT
TITLE: Consultant Services -IT (Blackwell Consulting Services, LLC)
CONTRACT NO.: 974-194-03-1
TTN NO.: 974-194
EFFECTIVE: See Contract Paragraph 1.03, Term, and 2.36, Effective Date
SUPERSEDES: N/A
CONTRACTOR(S): Blackwell Consulting Services, LLC (C)
ANY QUESTIONS, SUGGESTIONS, OR CONTRACT
SUPPLIER PROBLEMS WHICH MAY ARISE SHALL BE
BROUGHT TO THE ATTENTION OF DEL HICKS AT (850)
487-0417, SUNCOM 277-0417, E-MAIL: hicksd(a,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.)
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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. SPECLAL 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 for purchases over $25,000,
and in all 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.
2Z Z
Au orize Signature (date)
DIUmeb
Attachments
,3"040
Contract for Information Technology Consulting Services
THIS CONTRACT FOR SERVICES, # 974-194-03-1, by and between the State of
Florida, Department of Management Services, (herein referred to as the "Department"), 4050
Esplanade Way, Tallahassee, FL 32399, and Blackwell Consulting Services, LLC (herein
referred to as "Contractor"), 100 S. Wacker, Chicago, Illinois 60606, an Illinois corporation,
registered in Florida, each referred to herein as "Party," 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 # 974-194
to prospective providers of said services; and
WHEREAS, the Contractor 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 - Scoue of Work
1.01 Definitions. The Parties agree to the following:
1.) Consulting Services. Contractor's information technology consulting services shall
consist of those services contained 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
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3.) Vendor User Fee 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, liquidated damages,
discount, dates of performance, contract number, as well as other applicable factors or suitable
references pertinent to 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. A Contractor shall not deliver or furnish products or services until an Eligible User
transmits a Purchase Document. The Purchase Document shall be signed by the Eligible User.
All Purchase Documents shall bear the contract number, shall be placed by the Eligible User
directly with the Contractor, and shall be deemed to incorporate by reference the Contract terms
and conditions. In addition, the Eligible User and the Contractor shall be responsible for
ensuring 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, the
amount of liquidated damages, as described in Section 2.05, Liquidated Damages, and the total
stated dollar amount as described in Section 1.04, Price, and Section 1.06, Deliverables, herein.
Deliverables and their correlation to payment must be clearly and plainly stated in the Purchase
Document. If there is any inconsistency between the Contract terms and the terms stated on the
Eligible User's purchase document, confirmation, or acknowledgement, the Contract terns shall
control.
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 1St 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
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Department Contractor
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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 "Term" 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,
on the same terms and conditions, in accordance with Section 287.058(1)(f), Florida Statutes, 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; or on a fixed
fee basis where this is shown to be in the State's best interest. In addition, the Contractor and the
Eligible User shall be responsible for determining a total maximum 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 classification, with rates as set forth in the attached Exhibit `S", 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. Charges for services may be discounted off prices
contained herein; however, price increases for any reason are prohibited.
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Department Contractor
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1.05 Best Pricing Offer. During the Contract term, if the Contractor sells substantially the
same or a smaller quantity of a product outside the Contract, but upon the same or similar terms
of the Contract, at a lower price, then at the discretion of the Department the price under the
Contract shall be immediately reduced to the lower price.
1.06 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. After receipt of payment from the Contract
purchases, all Contractor surcharge fees shall be payable to the Department no later than 15 days
after the end of each quarter. The Contractor shall note "vendor user fee" Contract number on
the check and remit it to the following:
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 Vendor User .Fee
Report form (PUR 7073-C) and surcharge fees at the end of each Calendar Quarter. The Parties
agree that the Vendor User Fee 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. The Department
reserves the right to revise collection and reporting requirements in conjunction with
implementation of an online procurement system. 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.
1.07 Deliverables. The Contractor acknowledges that the Eligible User shall be responsible
for preparing a statement of 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
Department Contractor
93-1040
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,
clearly stated deliverables, projected time commitment including commencement and completion
dates, assigned personnel, negotiated hourly rates or negotiated project costs, resolution of any
potential developed/modified software ownership/licensing 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.
1.08 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 upon 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
Section 112.061, Florida Statutes. The Parties agree that payments to the Contractor will be
made in accordance with Section 215.422, Florida Statutes.
1.09 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 froTq 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 to
do so 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
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Department Contractor
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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 term 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.
(1) The Contractor shall be fully liable for the actions of its agents, employees, partners, or
subcontractors and shall fully indemnify, defend, and hold harmless the State and Eligible Users,
and their officers, agents, and employees, from third party suits, actions, damages, and costs of
every name and description, whether brought under contract, tort, or any other cause of action,
including attorneys' fees, arising from or relating to bodily injury, death, and damage to real or
personal tangible property alleged to be caused in whole or in part by the Contractor, its agents,
employees, partners, or subcontractors; provided, however, that if there is also fault on the part
of the State or Eligible User or its agents, officers and employees or any other entity or
individual acting on the State's or Eligible User's behalf, the foregoing indemnification shall be
on a comparative fault basis.
(2) The Contractor shall fully indemnify, defend, and hold harmless the State and Eligible Users
from any third party suits, actions, damages, and costs of every name and description, whether
brought under contract, tort, or any other cause of action, including attorneys' fees, arising from
or relating to violation or infringement of a trademark, copyright, patent, trade secret or
intellectual property right. The provisions of this subparagraph shall not apply to the Eligible
User's misuse or modification of the Contractor's deliverables or the Eligible User's operation or
utilization of the Contractor's deliverables in a manner not contemplated by this Contract or the
individual purchase document. The Contractor shall not be liable for any cost, expense, or
compromise incurred or made by the State or Eligible User in an infringement action without the
Contractor's prior written consent, which shall not be unreasonably withheld. If any product is
the subject of an infringement suit, or in the Contractor's opinion is likely to become the subject
of such a suit, the Contractor may at its sole expense procure for the Eligible User the right to
continue using the product or to modify it to become non -infringing. If the Contractor is not
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Department Contractor
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reasonably able to modify or otherwise secure the Eligible User the right to continue using the
product, the Contractor shall remove the product and refund the Eligible User the amounts paid
in excess of a reasonable rental for past use. The Eligible User shall not be liable for any
royalties.
(3) As a condition to the foregoing indemnity obligations of this section 2.03, the State or
Eligible User shall give the Contractor (a) written notice of any action or threatened action, (b)
the opportunity to take over and settle or defend any such action at Contractor's sole expense,
provided that such settlement shall be with the consent of the Eligible User, which shall not be
unreasonably withheld, and (c) full cooperation and assistance in defending the action at
Contractor's sole expense.
(4) Except as specified in the foregoing portions of this section, for all other claims against the
Contractor under any individual purchase document, and regardless of the basis on which the
claim is made, whether brought under contract, tort, for liquidated damages or any other cause of
action, the limit of the Contractor's liability under a purchase document for direct damages shall
be the greater of (i) $100,000, (ii) the dollar amount of the purchase document, or (iii) two times
the charges rendered by the Contractor under the purchase document. Unless otherwise
specifically enumerated in the Contract or in the purchase document, no party shall be liable to
another for special, indirect, punitive or consequential damages, including lost data or records
(unless the purchase document requires the Contractor to back-up data or records), even if the
party has been advised that such damages are possible. No party shall be liable for lost profits,
lost revenue, or lost institutional operating savings. The State and Eligible User may, in addition
to other remedies available to them at law or equity and upon notice to the Contractor, retain
such monies from amounts due to the Contractor as may be necessary to satisfy any claim for
damages, penalties, costs and the like asserted by or against them. The Department may set off
any liability or other obligation of the Contractor to the Department against any payments due
the Contractor under any contract with the Department.
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 Contractor
Department, hereinafter referred to as "Secretary." The Secretary's decision to grant or deny the
hearing in the event of any such petition shall be final, subject to the Contractor's right to judicial
review pursuant to Chapter 120, Florida Statutes.
2.05 Liquidated Damages. The Contractor acknowledges that the State retains the sole
discretion of whether to pursue the remedy of liquidated damages for material non-performance
of services as stated in the Eligible User's Purchase Document, in addition to other legal
remedies available as provided in Section 2.06, herein. In the event of default of specific
obligations, the Parties acknowledge and agree that the Party not at fault may be entitled to
damages and that by their nature such damages will be difficult 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. One of those variant factors is the nature and amount of
work that will be set forth in the scope of Consulting Services in the Eligible User's Purchase
Document. 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 default, that it is in the best interest of both
Parties and the State of Florida that the Eligible User and the Contractor agree upon a reasonable
amount of liquidated damages, if appropriate, according to the scope of services and Contractor's
deliverables, and that the amount be set forth in writing in the Purchase Document. If the
Eligible User and the Contractor agree that liquidated damages are not appropriate according to
the scope of services and Contractor's deliverables, a statement so stating shall be included in the
Purchase Document. The Parties further stipulate that the amount of liquidated damages
provided for in the Purchase Document is not intended to be a penalty and is purely intended to
reasonably compensate for unknown and unascertainable damages.
2.06 Cancellation/Termination/Default. It is likely that this Contract may be cancelled by the
Department during the Contract Term in order to accommodate the State's new E -Procurement
system. 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(1)(c), Florida Statutes, the Department shall unilaterally cancel this Contract if
the Contractor refuses to allow public 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
Department Contractor
Contractor in conjunction with the Contract. As stated in Section 2.05 herein, the Department
may exercise its right to liquidated damages for material non-performance. However, in addition
to seeking liquidated damages, the Department reserves the right to terminate the Contract for
cause pursuant to Rule 60A-1.006(3), Florida Administrative Code,,which governs the procedure
for and consequences of termination for cause.
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.
The Contractor agrees that if the level of performance of Consulting Services is not to industry
standard, that the Department, in its sole discretion, may consider such failure as a default and
unilaterally terminate this Contract, pursuant to Section 2.06, herein. Except as expressly stated in
this section 2.07, there are no warranties, expressed or implied. THE CONTRACTOR
DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE.
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 adequate 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, rales and regulations stated in the Americans with Disabilities Act.
The Contractor acknowledges and affirms that the employment of unauthorized aliens by the
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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 by the Department. 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 its 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.
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 it 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 hold
harmless the Department from liability of any nature or kind, including cost and expenses for or
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Department Contractor
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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 the 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
development effort shall be subject to a separate agreement signed by the 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
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Department Contractor
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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, 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.
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:
Valerie Tyler, VP Sales
Blackwell Consulting Services, LLC
100 S. Wacker Drive
Chicago, Illinois 60606
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 Workers' Compensation Insurance Requirements. The Contractor shall procure and
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Department Contractor
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maintain throughout the Term of this Contract, Workers' Compensation Insurance for all of its
employees connected with the work of this project and, in case any work is subcontracted, the
Contractor shall require the subcontractor similarly to provide Workers' 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 Workers' 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 Workers' Compensation statute, the Contractor shall provide,
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 workers' 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 My
Florida.com on the World Wide Web (WWW) to distribute State Tenn 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 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, Microsoft Internet Explorer
5 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 (URI.) for
the Contractor's 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.
13 VI��YY .`'i f
Department Contractor
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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
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 or condition herein is deemed void
or unenforceable by a court of competent jurisdiction, the other provisions are severable from
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.
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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
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 Del Hicks 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 amount of the Purchase Document guaranteeing that the
Contractor will perform all Consulting Services according to this Contract, within the time
stipulated and agreed pricing, if the Purchase Document meets or exceeds Category Five, or
$250,000. In addition, Contractor agrees to provide the Eligible User a performance bond,
regardless of the category amount, in the total amount of the Purchase Document if any item,
portion, or part of the scope of work contained in the Purchase Document 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
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performs such services on a time and materials basis rather than a fixed deliverable basis, and
has acquired professional liability insurance with adequate coverage for the project covered by
the Eligible User's Purchasing Document, 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 282.102, Florida Statutes. The Contractor shall provide the performance bond
to the Eligible User and a copy to the Department before any Consulting Services commence.
Said bond shall be issued by 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 Documents to evade the intent of this section.
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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 Signature
Print name:IVitl155dt QeLpSD'ynlirliU e L Print name:
�� tWy ci m -op
Title:Devgfl I>i*r e 'i'tY Sri 1 e- ?--Arch4s iYieitle:
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Date: 12.� Z4� oz- Date: ..
Approved as to form and legality by
the Department General Counsel's Office
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Exhibit "A" — Portfolio of Services
Company Profile
Blackwell Consulting Services is the largest minority-owned information technology company in the Mid -
West. We provide end-to-end technology oriented solutions to the public and private sectors. Our focus is on
helping our clients meet their business goals through the use of technology. With over 100 customers across the
United States, we provide services to our customers in the following areas:
• Management Consulting — defining business vision, goals, and challenges and assessing how technology
may impact or help achieve these goals. The emphasis is on the people, processes and technology.
• Package Solutions — Package implementation solutions include Oracle, PeopleSoft and SAP.
• E-Commerce/Internet — Web development including intranets and extranets. Development of solutions
through the use of the Internet.
• Application Development and Collaborative Systems — development/implementation of package and
custom applications through the use of leading edge technologies while leveraging existing applications.
The integration of applications within the enterprise.
• Network Systems Integration — convergence of voice and data as it relates to the infrastructure including
the WAN and LAN.
Furthermore, Blackwell Consulting Services has strong and mature competency areas that can support
initiatives including:
• Web -based development and integration to legacy systems using middleware and app server technologies
• Microsoft DNA development
• Project management
• Windows 2000/Active Directory design and migration
• Java and EJB Development
• Messaging and groupware development and administration related to Lotus Domino
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Exhibit `B" — Labor Categories/Rates Schedule
• The following per hour rates apply for all classes and item numbers outlined above:
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Service Description
State Rate
State of Florida Discounted
Responsibility
Rate
Develops and supports
software applications
Staff Application Developer
generally written for
$145-185
$95-135
networked and client /
server environments.
Develops and supports software
Senior Application
applications generally written for
$185-215
$135-165
Developer
networked and client / server
environments.
Well -versed professional able to
Web Designer
provide leadership, direction, and
$165-185
$115-135
implementation of Internet
applications and technologies.
Participates in all phases and
takes lead role in projects,
Application Architect
develops application and/or
$250-$270
$175-$210
network strategies and provides
high level technical support.
provides maintenance and
Staff Database Analyst
administration of data resources.
$170-$190
$120-$140
Provides maintenance,
Senior Database Analyst
administration, tuning and
$220-$260
$1504180
$180
architecture of data resources.
Designs and develops computer
Staff Systems Analyst
business
$170-$190
$120-$140
applications.
Designs and develops computer
business applications. Advises in
Senior Systems Analyst
the functional design, technical
development, implementation,
$200-$225
$150-$175
documentation, and training of
applications. IL
11
Staff Network Consultant
Administers and monitors
networks, performs integration
$170 - $190
$120-$140
19 Mur
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project tasks, provides level one
and level two technical support.
Designs networks, performs
network integration tasks in
Senior Network Consultant
multiple platform environments,
$200-$240
$150-$190
provides level two and level
three technical support.
Technical Writer
Designs and prepares technical
documentation, user
documentation, instruction
manuals, and specific job aids.
$135 ]$175
$85-$125
Hardware/Software Support
Technician
Installs hardware and software,
provides level one and level two
technical support.
$135-$175
$85-S125
Specializes in the configuration,
PeopleSoft Consultant
set-up and deployment of
$150-$250
$100-$185
PeopleSoft software
Oracle Applications
Specializes in the configuration,
Consultant
set-up and deployment of Oracle
$150-$235
$100-$185
Software
Project Manager
g
Manages and oversees
information systems projects.
$200-$275
$150-$2251
150-$225
Provides innovative solutions to
Project Executive
3
strategic business problems.
$400-$500
$180-300
20 V� I r
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Exhibit KC" -ORDERING INSTRUCTIONS
NOTE: ALL ORDERS SHOULD BE DIRECTED TO:
SPURS VENDOR NUMBER:
F 364068148-001
VENDOR:
Blackwell Consulting Services LLC (C)
STREET ADDRESS OR P. O. BOX:
100 S. Wacker, Suite 800
CITY, STATE, ZIP:
Chicago, Illinois 60606
TELEPHONE:
(312) 553-0730
ORDERING FAX NO.:
(312) 553-0745
SERVICES INFORMATION:
DIRECT INQUIRY TO:
NAME AND TITLE:
Valerie Tyler, VP Sales
ADDRESS:
100 S. Wacker, Suite 800
CITY, STATE, ZIP:
Chicago, Illinois 60606
TELEPHONE:
(312) 873-5366
URL HOME PAGE ADDRESS:
www.bcsinc.com
ELECTRONIC MAIL ADDRESS:
valerie.tvler@bcsinc.com
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myfbftcan
FLORIDA DEPARTMENT OF
MANAGEMENT SERVICES
JEB BUSH WILLIAM S. SIMON
Governor Secretary
Suite 315
CERTIFICATION OF CONTRACT
TITLE: Consultant Services -IT (Bearing Point)
CONTRACT NO.: 973-572-04-1
ITN NO.: 973-572
EFFECTIVE: See Contract Paragraph 1.03, Term, and 2.36, Effective Date
SUPERSEDES: 973-572-03-1
CONTRACTOR(S): Bearing Point (A)
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:
Iivin2m(a,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.)
State Purchasing • 4050 Esplanade Way, Suite 350, Tallahassee, Honda 32399-0950
TELEPHONE: 850-488-8440 • FAX: 850-488-5498
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 for purchases over $25,000,
and in all 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.
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Authorized Signature date)
ML/sec
Attachments
3-1040
Contract for Information Technology Consulting Services
THIS CONTRACT FOR SERVICES, #973-572-04 -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 Bearing Point, Inc. (herein referred to as
"Contractor"),1650 Summit Lake Drive, Lakeside Bldg. Ste 100 Tallahassee, Florida 32317, a
Florida Corporation, 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 #973-572
to prospective providers of said services; and
WHEREAS, the Contractor 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 - Scone of Work
1.01 Definitions. The Parties agree to the following:
1.) Consulting Services. Contractor's information technology consulting services shall
consist of those services contained 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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3.) Vendor User Fee 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, liquidated damages,
discount, dates of performance, contract number, as well as other applicable factors or suitable
references pertinent to 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. A Contractor shall not deliver or finnish products or services until an Eligible User
transmits a Purchase Document. The Purchase Document shall be signed by the Eligible User.
All Purchase Documents shall bear the contract number, shall be placed by the Eligible User
directly with the Contractor, and shall be deemed to incorporate by reference the Contract terms
and conditions.. In addition, the Eligible User and the Contractor shall be responsible for
ensuring 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, the
amount of liquidated damages, as described in Section 2.05, Liquidated Damages, and the total
stated dollar amount as described in Section 1.04, Price, and Section 1.06, Deliverables, herein.
Deliverables and their correlation to payment must be clearly and plainly stated in the Purchase
Document. If there is any inconsistency between the Contract terms and the terms stated on the
Eligible User's purchase document, confirmation, or acknowledgement, the Contract terms shall
control.
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 n 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
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Department Contractor
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 "Term" of this Contract shall be for a period
commencing upon the execution of this Contract and continuing until December 31, 2003 unless
extended, terminated or renewed as provided herein. In addition, this Contract may be renewed,
on the same terms and conditions, in accordance with Section 287.058(1)(f), Florida Statutes, 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; or on a fixed
fee basis where this is shown to be in the State's best interest. In addition, the Contractor and the
Eligible User shall be responsible for determining a total maximum 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 classification, 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. Charges for services may be discounted off prices
contained herein; however, price increases for any reason are prohibited.
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1.05 Best Pricing Offer. During the Contract term, if the Contractor sells substantially the
same or a smaller quantity of a product outside the Contract, but upon the same or similar terms
of the Contract, at a lower price, then at the discretion of the Department the price under the
Contract shall be immediately reduced to the lower price.
1.06 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. After receipt of payment from the Contract
purchases, all Contractor surcharge fees shall be payable to the Department no later than 15 days
after the end of each quarter. The Contractor shall note "vendor user fee" Contract number on
the check and remit it to the following:
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 Vendor User Fee
Report form (PUR 7073-C) and surcharge fees at the end of each Calendar Quarter. The Parties
agree that the Vendor User Fee 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. The Department
reserves the right to revise collection and reporting requirements in conjunction with
implementation of an online procurement system. 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.
1.07 Deliverables. The Contractor acknowledges that the Eligible User shall be responsible
for preparing a statement of 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
4 4API\N
Department Contractor
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,
clearly stated deliverables, projected time commitment including commencement and completion
dates, assigned personnel, negotiated hourly rates or negotiated project costs, resolution of any
potential developed/modified software ownership/licensing 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.
1.08 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 upon 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
Section 112.061, Florida Statutes. The Parties agree that payments to the Contractor will be
made in accordance with Section 215.422, Florida Statutes.
1.09 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 - REOMEMENTS
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 to
do so 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
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Contractor
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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 term 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.
(1) The Contractor shall be fully liable for the actions of its agents, employees, partners, or
subcontractors and shall fully indemnify, defend, and hold harmless the State and Eligible Users,
and their officers, agents, and employees, from third party suits, actions, damages, and costs of
every name and description, whether brought under contract, tort, or any other cause of action,
including attorneys' fees, arising from or relating to bodily injury, death, and damage to real or
personal tangible property alleged to be caused in whole or in part by the Contractor, its agents,
employees, partners, or subcontractors; provided, however, that if there is also fault on the part
of the State or Eligible User or its agents, officers and employees or any other entity or
individual acting on the State's or Eligible User's behalf, the foregoing indemnification shall be
on a comparative fault basis.
(2) The Contractor shall fully indemnify, defend, and hold harmless the State and Eligible Users
from any third party suits, actions, damages, and costs of every name and description, whether
brought under contract, tort, or any other cause of action, including attorneys' fees, arising from
or relating to violation or infringement of a trademark, copyright, patent, trade secret or
intellectual property right. The provisions of this subparagraph shall not apply to the Eligible
User's misuse or modification of the Contractor's deliverables or the Eligible User's operation or
utilization of the Contractor's deliverables in a manner not contemplated by this Contract or the
individual purchase document. The Contractor shall not be liable for any cost, expense, or
compromise incurred or made by the State or Eligible User in an infringement action without the
Contractor's prior written consent, which shall not be unreasonably withheld. If any product is
the subject of an infringement suit, or in the Contractor's opinion is likely to become the subject
of such a suit, the Contractor may at its sole expense procure for the Eligible User the right to
continue using the product or to modify it to become non -infringing. If the Contractor is not
6
Department Contractor
reasonably able to modify or otherwise secure the Eligible User the right to continue using the
product, the Contractor shall remove the product and refund the Eligible User the amounts paid
in excess of a reasonable rental for past use. The Eligible User shall not be liable for any
royalties.
(3) As a condition to the foregoing indemnity obligations of this section 2.03, the State or
Eligible User shall give the Contractor (a) written notice of any action or threatened action, (b)
the opportunity to take over and settle or defend any such action at Contractor's sole expense,
provided that such settlement shall be with the consent of the Eligible User, which shall not be
unreasonably withheld, and (c) full cooperation and assistance in defending the action at
Contractor's sole expense.
(4) Except as specified in the foregoing portions of this section, for all other claims against the
Contractor under any individual purchase document, and regardless of the basis on which the
claim is made, whether brought under contract, tort, for liquidated damages or any other cause of
action, the limit of the Contractor's liability under a purchase document for direct damages shall
be the greater of (i) 5100,000, (ii) the dollar amount of the purchase document, or (iii) two times
the charges rendered by the Contractor under the purchase document. Unless otherwise
specifically enumerated in the Contract or in the purchase document, no party shall be liable to
another for special, indirect, punitive or consequential damages, including lost data or records
(unless the purchase document requires the Contractor to back-up data or records), even if the
party has been advised that such damages are possible. No party shall be liable for lost profits,
lost revenue, or lost institutional operating savings. The State and Eligible User may, in addition
to other remedies available to them at law or equity and upon notice to the Contractor, retain
such monies from amounts due to the Contractor as may be necessary to satisfy any claim for
damages, penalties, costs and the like asserted by or against them. The Department may set off
any liability or other obligation of the Contractor to the Department against any payments due
the Contractor under any contract with the Department.
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
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Department, hereinafter referred to as "Secretary." The Secretary's decision to grant or deny the
hearing in the event of any such petition shall be final, subject to the Contractor's right to judicial
review pursuant to Chapter 120, Florida Statutes.
2.05 Liquidated Damages. The Contractor acknowledges that the State retains the sole
discretion of whether to pursue the remedy of liquidated damages for material non performance
of services as stated in the Eligible User's Purchase Document, in addition to other legal
remedies available as provided in Section 2.06, herein. In the event of default of specific
obligations, the Parties acknowledge and agree that the Party not at fault may be entitled to
damages and that by their nature such damages will be difficult 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. One of those variant factors is the nature and amount of
work that will be set forth in the scope of Consulting Services in the Eligible User's Purchase
Document_ 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 default, that it is in the best interest of both
Parties and the State of Florida that the Eligible User and the Contractor agree upon a reasonable
amount of liquidated damages, if appropriate, according to the scope of services and Contractor's
deliverables, and that the amount be set forth in writing in the Purchase Document. If the
Eligible User and the Contractor agree that liquidated damages are not appropriate according to
the scope of services and Contractor's deliverables, a statement so stating shall be included in the
Purchase Document. The Parties further stipulate that the amount of liquidated damages
provided for in the Purchase Document is not intended to be a penalty and is purely intended to
reasonably compensate for unknown and unascertainable damages.
2.06 Cancellation/Termination/Default. It is likely that this Contract may be cancelled by the
Department during the Contract Term in order to accommodate the State's new E -Procurement
system. 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(1)(c), Florida Statutes, the Department shall unilaterally cancel this Contract if
the Contractor refuses to allow public 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
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Contractor in conjunction with the Contract. As stated in Section 2.05 herein, the Department
may exercise its right to liquidated damages for material non-performance. However, in addition
to seeking liquidated damages, the Department reserves the right to terminate the Contract for
cause pursuant to Rule 60A-1.006(3), Florida Administrative Code, which governs the procedure
for and consequences of termination for cause.
2.07 Performance Standards. The Contractor must wan -ant 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.
The Contractor agrees that if the level of performance of Consulting Services is not to industry
standard, that the Department, in its sole discretion, may consider such failure as a default and
unilaterally terminate this Contract, pursuant to Section 2.06, herein. Except as expressly stated in
this section 2.07, there are no wan -antics, expressed or implied THE CONTRACTOR
DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE.
2.08 Insurance Requirements. The Contractor must carry as a minimum 51,000,000.00 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 adequate 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
9 40
Department Contractor
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 by the Department. The Patties 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 its 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.
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 it 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 hold
harmless the Department from liability of any nature or kind, including cost and expenses for or
Department Contractor
`13-1040
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 the Contractor persomiel in connection with this Contract shall be the
exclusive property of the Eligible User. The Parties agree that any joint or future software
development effort shall be subject to a separate agreement signed by the 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
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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, 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 parry shall be awarded reasonable attorneys'
fees and costs for such litigation and any and all appeals.
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:
Mike Strange
Bearing Point, Inc.
1650 Summit Lake Drive Lakeside Bldg. Ste 100
Tallahassee, Florida 32317
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.
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Department Contractor
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2.18 Workers' Compensation Insurance Requirements. The Contractor shall procure and
maintain throughout the Term of this Contract, Workers' Compensation Insurance for all of its
employees connected with the work of this project and, in case any work is subcontracted, the
Contractor shall require the subcontractor similarly to provide Workers' 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 Workers' 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 Workers' Compensation statute, the Contractor shall provide,
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 workers' 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 My
Florida.com on the 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 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, Microsoft Internet Explorer
5 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 Contractor's 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.
13 L,
Deportment Contractor
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
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 or condition herein is deemed void
or unenforceable by a court of competent jurisdiction, the other provisions are severable from
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.
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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
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 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 amount of the Purchase Document guaranteeing that the
Contractor will perform all Consulting Services according to this Contract, within the time
stipulated and agreed pricing, if the Purchase Document meets or exceeds Category Five, or
$250,000. In addition, Contractor agrees to provide the Eligible User a performance bond,
regardless of the category amount, in the total amount of the Purchase Document if any item,
portion, or part of the scope of work contained in the Purchase Document 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. The Contractor shall provide the performance bond to the Eligible User
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Department con � r 1040
and a copy to the Department before any Consulting Services commence. Said bond shall be
issued by 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 Documents to evade the intent of this section. Notwithstanding the above,
the Parties may exempt the Contractor from the performance bond requirements with written
consent of the Agency Head of the Eligible User.
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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.
"D PARTMENT"
Signature
Print name: 0 al
Title: l 1 rFUMAiw(pfl?jft1W3
Date:
Approved as to form and legality by
the Department General Counsel's Office
Print name:
Date:
"CONTRACTOR"
- L
Signature
Print name: Let a. {Zc n-sA-pr
Title: Managing Director
Date: August 18, 2003
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Department
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Contractor
I13`l()jiff
Exhibit "A" — Portfolio of Services
Bearing Point, Inc.
Corporate Profile
BearingPoint: Aligning Business Processes and information Systems
BearingPoint, Inc. (NYSE:BE), formerly KPMG Consulting, Inc., is one of the world's largest
business consulting, systems integration and managed services firms serving Global 2000
companies, medium-sized businesses, government agencies and other organizations. We provide
business and technology strategy, systems design, architecture, applications implementation,
network, systems integration and managed services. Our service offerings are designed to help
our clients generate revenue, reduce costs and access the information necessary to operate their
business on a timely basis. Based in McLean, Va., BearingPoint has been named by Fortune as
one of America's Most Admired Companies in the computer and data services sector. For more
information, visit the company's Web site at www.BemingPoint.corn.
We offer business consulting and systems integration services in seven primary areas:
Maximize the return
on investment of
business systems
initiatives through
upfront assessment,
prioritization, business
case development and
execution planning.
Improve acquisition
and retention of
customers through
sales and channel
automation, integrated
Web call centers,
marketing and
'customer intelligence
and billing and
I customer care.
Optimize the
movement of goods
and services to
customers, improve
inventory
management and
increase speed -to -
market through
trading pier
connectivity and
supply chain
automation.
Maximize business
efficiency and
enhance decision-
; making capabilities
through leading
applications for
finance, human
resources, operations
and workforce
productivity.
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Department Contractor
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Improve time -to- I Maximize security,
i Reduce costs, improve
market and operations scalability and
i responsiveness and
through end-to-end 1 performance of
focus key resources on j
11
integration of business i business systems with
competitive
processes, applications planning, design,
differentiators through
and data whether i procurement and
outsourcing and
legacy, client/server or ; deployment of
automation of
Internet -based. networks, servers and
i business fzmctions
operation centers for
such as applications
optimized data and
i management, business
knowledge
process outsourcing
management
and information
technology
;Insurance
management -
Industry -Focused
BearingPoint provides strategic, industry -tailored solutions to clients through five industry -
focused lines of business:
Telecommunications
Automotive
Consumer j Software
I Banking
Wireline
Chemicals and
'Electronics
Natural Resources
Capital Markets
Wireless Cable
; Life Sciences
Global
Utilites
kag�ed
:Diversified
Pao Goods
Markets i
Industrial and
;Insurance
Aerospace
Oil and Gas Real Estate and
Hospitality
Retail/Wholesale
Transportation
Federal
Government
State and Local
Government
Higher Education
International
Government
Health Care
Providers/Payers
Nonprofits
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Department Contractor
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Our end-to-end service approach addresses clients' total needs by reviewing their strategies or
assisting them in developing a vision, translating those strategies into operational plans, and
rapidly executing those plans by implementing technology and Internet -enabling functions.
Combining industry -specific business strategy, operational improvements, and technology
selection and implementation, our solutions include:
Strategy & Business Process
Customer Relationship Management
Supply Chain Management
Enterprise
Integration Services
Infrastructure
Emerging Technologies
Managed Services
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Exhibit "B" — Labor Categories/Rates Schedule
Bearing Point, Inc.
Standard Hourly Rates
Managing Director
$500
$375
$440.63
Senior Manager
$400
$330
$387.75
Project Manager/Manager
$330
$280
$329.00
Senior Technician
$300
$240
$282.00
Senior Consultant
$250
$195
$229.13
Consultant
$195
$150
$176.25
Programmer/Technician
$140
$110
$129.25
Analyst
$85
$80
$94.00
Should a performance bond be required for a proposed state project exceeding $250,000, the
typical cost will be $5 to $6 per $1000 of value.
*Travel as referenced in contract section 1.08 Payment, all invoices for travel shall be submitted in
accordance with section 112.061, Florida Statutes.
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Department Contractor
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Labor Categories
JOB TITLE — MANAGING DIRECTOR
- 15+ years of progressively responsible experience managing large, complex Management/IT Consulting
engagements
- Significant industry, solutions and financial/project management expertise
- Executive level lmowledge of industry specific business model, strategies, operating environment and rT
infrastructure issues
RESPONSIBILITIES
22 l Ag—
Department
Contractor
�.l3-1040
Personal
Managing the
Client
Business
Technical Competence
Development
Business
Management
Development
Adheres to and is
Creates and
Drives excellence
Leads company into
Recognized as a technical
an advocate of
leads high-
in service delivery,
selected new business
leader in industry or solution
BearingPoint's
performing
methodology and
arras with significant
area
core values
teams
operations
results
Regularly seeks and
Encourages
Encourages
Acts as trusted
Fosters the environment
contributes expertise insight
upward feedback
teaming and
advisor to senior
for new business
into practice anew to other
networking
executives in
development and product
inbrnbers of the practice team,
Foster
across the
client
thrusts
and Consulting
environment of
company
organizations
continuous
Demonstrates ability to
Sets direction for area of
improvement
ldentifres,
Foresees and
win market confidence in
technology to strengthen
attracts and
responds to
our work
client service and practice
Creates high
retains the right
changes in client
management
morale
People
expectations and
Roc and leads orad-
otea
Sets highthe
business
to -end solution growth
Develops, trains,
eovironmem
opportunities across all
and coaches staff
markets
personal conduct
Consistently mats
and work
Identifies need
or exceeds client
Expands market presence
Serves as role
for and leads
expectations as
and market share
model foro ongoing
model for ongoing
change
initiatives to
demonstratedby
Responsible for client
ment
self-dimprove
receiving follow-
referrals
on work
company's
Creates innovative
image and
Accepts full
solutions that produce
develops value-
responsibility for
sigmifi ant business
added services
client/contract
natters
opportunities
Moots or exceeds
professional
practice standards
22 l Ag—
Department
Contractor
�.l3-1040
JOB TITLE — SENIOR MANAGER
PROFESSIONAL QUALIFICATIONS
8-12 years of progressively responsible experience managing large, complex ManagemenvTr Consulting
engagements
Significant industry, solutions, and financial/project management experience
Broad understanding of client and industry specific business model, strategies, and Tf infrastructure issues
RESPONSIBILITIES
23 � 4L
Department Contractor
°.l3-1040
Managing the
Client
Business
Technical Competence
Personal
Development
Business
Ito
Management
Development
Adberes to and is
Recognized and
Anticipates and tracts
Creates new business
Takes on leadership role in
an advocate of
accepted as a leader in
court needs
opportunities and leads
the professional and coca]
BearingPoint's
the practice
the development of
community
core values
Consistently meets or
major proposals
Drives and supports the
exceeds client
Demonstrates ability to plan
Fosters
performance
expectations
Recognizes and
and execute complex
environment of
management process
Develops strong cliem
supports end-tocnd
engagements or projects
continuous
improvement and
Identifies, attracts and
relations with senior-
solution growth
opportunities
�o�ed internally and
high morale
retains the right people
level clients and wins
externally for knowledge and
client confidence
Acquires new
expertise in field
Sets high
supports training
knowledge and skills
standards for
providing expertise for
Takes responsibility
in y
Facilitates exchange of ideas
personal conduct
development and
for client/contract
and application of best
and work
delivery of training and
matters
Expert presenter,
practices
Serves as role
staff are eed
up tensuring finthe training
Meets or exceeds
negotiator, team
leader. influencer, etc.
Broad expertise in business
model for ongoing
they need
professional practice
case analysis, supply chain,
self -development
standards
CRM strategy and
sustains high
integration, ERP solutions,
performing, positiveO
�'�
bum transformation etc.
team envirormrent
in linking theclient's
strategic business plan
Enterprise wide perspective
Demonstrates ability to
to its IT strategic plan
on strategic IT infiasuucwre
manage practice
solution integration issues
financials
Broad understandingand
of industry specific
Demonstrates ability to plan
revenue model and
and execute large comps
decision making
processes
engagements
Broad mderstanding
of client and industry
challenges,
opportunities and
marketplace nuances
23 � 4L
Department Contractor
°.l3-1040
JOB TITLE MANAGER
PROFESSIONAL QUALIFICATIONS
7-10 years of progressively responsible experience managing a variety of industry -specific ManagementgT
Consulting engagements
Experience planning and executing multiple components of complex projects
Strong understanding of business process, IT infrastructure and solution integration issues
RESPONSIBILITIES
Personal Managing the
Client Management Business Development
Technical Competence
Development Business
Adheres to and is
Drives and supports the
Maintains client
Competent in contract
Competent in multiple
an advocate of our
performance management
confidence
matters
technical areas
core values
Process
Knowledgeable about
Identifies new business
Established in the
Encourages upward
Develops strong client
critical success factors for
opportunities and writes
professional community
feedback
relations and helps staff
the client and client's
proposals
Effectively
develop effective client
industry
Sets high dards for
Y
relationships
Ability to positively
conduct and work
aces
all
rdifferent epresent company to
within the
Participates in recruiting
billingcollection
clithe
ents
Recognized as subject
organization
and staff development
activities
matter expert in field
Supports efforts to mazktt
Continually
Sustains high performing,
Manages engagements or
and seri end4o-end solutions
Facilitates exchange of ideas
acquires new
positive team
projects to consistently
and application of best
knowledge and
environmentosons
achieve and support
co
Pitiobtain
�►Y to
practices
skills in specialty
areas
Keeps performance
specific targets
repeat and/or referred
business
Competent in business case
manager informed and
Meets or exceeds
lysis, supply chain, CRM
Participates in
effectively communicates
professional practice
Participates in initiatives to
strategy and itegraeon,
training activities
with staff
standards
ve the d
impimage
solutions,9s ERP business
and abiIty to deliver
transformation etc,
Develops
value-added services
leadership skills
Understands sEra c& rt
infrastructure aid solution
Creates high
integration issues
morale
Ability to plan and execute
Serves as role
components
model for ongoing
large complex en gagernents
self -development
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Department Contractor
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JOB TITLE — SENIOR CONSULTANT
PROFESSIONAL QUALIFICATIONS
- 5-8 years of progressively responsible experience performing complex tasks on industry -specific Management/IT
Consulting engagements
- Experience planning and executing specific components of larger projects
- Understands one or more industry -specific solutions
RESPONSIBILITIES
Personal
Development
Managing the
Business
Client Management
Business
Development
Technical Competence
Adheres to and is an
Provides task leadership
Demonstrates high level
Identifies new business
Competent in the core service
advocate of
to new staff
of commitment to client
opportrmities and supports
areas of the practice
BearingPoint's core
Supports and
success
marketing initiatives
Enhances company's image in
values
participates in recruiting
Performs work within
Supports major proposal
technical areas
Maintains high
efforts
cost targets
efforts
for deliverable
morale
Maintains and enhances
Maintains
Delivers timely and
Ability to represent the
products to clients
Takes responsibility
the group/team's client
quality services that meet
company to
Knowledgeable of engagement
own and others
relationships
or exceed team
clientsq, speotiv, clients
or project pig and control
development needs
Contributes to high
manragees and client's
Identifies opportunities to
processes
Effectively
performing, positive
eocpeotations
market and sell
Developsstrongcow ency in
communicates within
work environment
Knowledgeable of critical
pmdnaa/services to
use of technology to improve
the organization
Kew performance
success factors for the
and clients industry
existing clients
productivity
Continually improves
manager informed and
Maintains and enhances
Knows how use Company's
knrowledge and skill
effectively
Responds to changes in
team's ability to obtain
knowledge base and contributes
proficiency
communicates with staff
client experctadow,
repeat and/or referred
to the development of the
Demonstrates ability
monitors and uses client
feedback
business
knowledge base
to be a team player
Knowledgeable of
Builds personal expertise and
Demonstrates a
contract roquitancrus for
knowledge across texrn
commitment to
each engagement
Participates in professional and
aWWuiring new
capabilities
Mats professional
ketal community activities
Solicits performance
lea standards
feedback from
colleagues and
reviewers, acting on
areas for
development
25
M/L
Department Contractor
JOB TITLE —CONSULTANT
REQUIREMENTS
- 3-5 years of progressively responsible experience performing basic tasks on industry -specific ManagemenvTr
Consulting engagements
- Experience executing specific tasks on larger projects
- Familiar with one or more industry specific solutions
RESPONSIBILITIES
26 ^ 191t
Department Contractor
013 -10 40
Personal
Managing the
Client Management
Business
Technical Competence
Development
Business
Development
Adberes to and is
Contimtally improves
Demonstrates ability to
Undasbutds industry
Supports company and practice
an advocate of our
knowledge and skill
understand client need
products and services
activities for technical product
core values
proficiency
and perform sound
Support business
development
Maintains high
Continually seeks ways
technical work
development activities
Demonstrates ability to research
morale
to enhance contribution
Demonstrates high level
Develops client
subjects to support engagement
Takes responsibility
tothe team
of commitment to client
skills for
work
for own
Participates
success
purpose of developing new
purpose
Documents and presents sound
developmental
in/contributes positively
Demonstrates ability to
business
work products
needs
to work/team
support engagement or
Understands Consulting strategy
Works well with
environment
project Leaders
ce
practice
others
Supports recruiting
Manages time and
Able to research and retrieve
Effectively
efforts
budget involved in own
workinformation
needed to better
communicates
serve cHents
within the
organization
Understands the
fundamentals of the
Builds strong cortrQetency in use
client's business
of technology
Demonstrates a
commitment to
Demonstrates ability to
Builds personal expertise and
acquiring new
interact with clients
knowledge across team
capabilities
Delivers timely and
Participates in professional and
Solicits
quality services that
local community activities
performance
mea or exceed team
feedback from
manager's and client's
colleagues and
expectations
reviewers, acting on
Meets professional
areas for
development
pCO standards
26 ^ 191t
Department Contractor
013 -10 40
JOB TITLE — ANALYST
PROFESSIONAL QUALIFICATIONS
1-3 years of experience working on ManagemenVIT Consulting engagements
Understanding of basic project management practices
Familiar with one or more industry specific solutions
RESPONSIBILITIES
27 � ,01
ni —
Department Contractor
pJ3-1040
Personal
Managing the
Client
Business Development
Technical Competence
Development
Business
Management
Participates
Builds personal
Understands the
Supports practice business
Perforans cost estimating
in/contributes
ezpe rise and
fundamentals of
development activities
analysis
positively to
knowledge across
client's business
Understands basic steps in
Prepares recommendations
woddt=
team
Works with clients to
sales
for imple mutation
environment
Adheres to and is
Provides task
leadership to new
anticipate and assess
clients fixture needs
Identifies potential add-on
Preforms a key role in
an advocate of our
staff
and assns solutions
work and submit proposal to
preparation of quality
core values
engagement team
deliverables
Continually seeks
Demonstrates ability to
Makes s ed
Works well with
ways to enhance
understand client need
on findings
based on findings
others
contribution to the
and perform sound
anddecisionsalbaste
and analysis
team
technical work
Takes
Takes ibility for
resMicros
Provides coaching
Delivers results that
Demonstrates mastery m Web
own
and guidance to team
drive client satisfaction
Mtet' Access
Office
developmental
needs
members
Fengagement
Executes
gra
Understands assigned
Manages time and
control orrirol and provides
Industry or Solution
Demonstrates a
budget involved in
solutions
Commitment to
own work
Develops Paolo[componaft
acquiring new
effectiveness t0 ensure
Ability to analyze data
C IlitieS
functional and/or
gathered, identify trends and
proms success
obstacles and consider
available solutions or
Maintains expected
elumative methods of
levels of personal
proceeding
Pity
Confers with eagagement
Demonstrated
team to assure smooth
knowledge of
fiurxioning of system and
engagement project
lsocedures
°anagement
Demonstrated knowledge of
consulting products and
services and shares with team
Learns and applies
BearWaiac methodologies
to work
27 � ,01
ni —
Department Contractor
pJ3-1040
JOB TITLE — SENIOR TECBNICIAN
PROFESSIONAL QUALIFICATIONS
- 7-10 years of progressively responsible experience performing a variety of industry -specific Management/IT
Consulting engagements
- Experience planning and executing technical analysis, data management, system architecture and networking
- Strong understanding of business process, IT infrastructure, Web Technologies, relational databases and solution
integration issues
RESPONSIBILITIES
Deptnent Contrac0tg _ 1®4 O
Personal
Managing the
Client Management
Business Development
Technical Competence
Development
Business
Adheres to and is
Drives and supports the
Maintains client
Identifies new business
Competent in multiple
an advocate of our
performance management
confidence
opportunities and writes
technical areas
core values
process
proposals
Knowledgeable about
Established in the
Encourages upward
Develops strong client
critical success factors for
Ability to positively
professional community
feedback
relations and helps staff
the client and client's
represent the company to
develop effective client
industry
different clients
relationships
Sets high standards for
Effectively
conduct and work
communicates
Knowledgeable of methods
Positions company to obtain
within the
Participates in recruiting
for quality assurance and
repeat and/or referred
organization
and staff development
usability testing
business
Recognized as an expert in
technology
Continually
Sustains high performing,
Meets or exceeds
Participates in initiatives to
acquires new
positive team
professional practice
improve the company's
Facilitates exchange of ideas
knowledge and
environment
standards
ability to deliver value-
and application of best
skills in specialty
arm
added services
practices
Keeps perfbmiance
Possesses excellent client
manager informed and
communications skills
Expertise in systems and
Participates in
effectively communicates
applications architecture,
training activities
with staff
analysis, Web technologies,
distributed computing,
Develops
leadership skills
Understands strategic fr
infiastrucaua and solution
integration issues
Creates high
morale
Serves as role
model for ongoing
self -development
Deptnent Contrac0tg _ 1®4 O
JOB TITLE PROGRAT* MER/TECHNICIAN
REQUIREMENTS
- 24 years of progressively responsible experience converting specifications or requirements into logical, process -
oriented computer code
- Experience executing specific tasks on larger projects
- Competent in use of one or more programming languages
- Familiar with one or more industry specific solutions
RESPONSIBILITIES
29 LO
Department Conejr 1040
Personal
Managing the
Client Management
Business
Technical Competence
Development
Business
Development
Adheres to and is
Continually improves
Demonstrates ability to
Understands industry
Supports company and practice
an advocate of our
knowledge and skill
understand client need
products and services
activities for technical product
core values
proficiency
and perform sound
Supports practice business
development
Maintains high
Continually seeks ways
technical work
development activities
Demonstrates ability to research
morale
to enhance contribution
Demonstrates ]nigh level
erstansasc stsps in
Unddbasic
subjects to support engagement
to the team
of commitment to client
work
Takes responsibility
for own
Participates
success
sales
Demonstrates ability to convert
developmental
in/contributes positively
Manages time andproject
Identifies potential add -0n
work and submit proposal
specifications and
needs
to wormeam
budget involved in own
statements of problems/need into
environment
worts
to engagement team
to create or modify computer
works wen with
Others
Builds personal
Understands the
Develops client
pros
expertise and
fundamentals of the
hi kill
latonsp ss or
rei f
Capable of creating and/or
Effectivelypurpose
knowledge across team
client's business
of new
f developing
id
aaalyzirtg detailed wortow and
communicates
to document series of steps and
within the
Provides task leadership
Demonstrates ability to
to describe and document input,
organization
to new staff
interact with clients
output and logical operations
Demonstrates a
Provides coaching and
Delivers timely and
involved
commitmen to
guidance to team
quality services that
Ability to execute unit testing
acquiring new
members
meet or exceed team
for own work, confers with
capabilities
Manages time and
s client's
supervisor and client to resolve
Solicits
budget involved in own
Ovectations
issues
performance
work
Demonstrates ability to
Documents and presents sound
feedback from
understand client need
work products
colleagues and
and perform sound
reviewers, acting on
technical work
Understands Consulting strategy
areas for
within practice
development
Delivers results that
drive client satisfaction
Able to research and retrieve
information needed to betty
Executes engagement
serve clients
control and provides
solutions
Bolds strong competency in use
Of technology
Develops project
effectiveness to ensure
Builds personal expertise and
functional andlor project
knowledge across team
success
Participates in professional and
Mees professional
practice standards
local community activities
29 LO
Department Conejr 1040
Exhibit "C" -ORDERING INSTRUCTIONS
NOTE: ALL ORDERS SHOULD BE DIRECTED TO:
SPURS VENDOR NUMBER:
F-223680505-001
VENDOR:
BearingPoint. inc.
STREET ADDRESS OR P. O. BOX:
1650 Summit Lake Drive Lakeside Bldg. Ste 100
CITY, STATE, ZIP:
Tallahassee Florida 32317
TELEPHONE:
(850) 402-3458
ORDERING FAX NO.:
(850) 402-6290
SERVICES INFORMATION:
DIRECT INQUIRY TO:
NAME AND TITLE:
Michael Strange National Account Manner
ADDRESS:
1650 Summit Lake Drive
CITY, STATE, ZIP:
Tallahassee, Florida 32317
TELEPHONE:
(850) 402-3458
URL HOME PAGE ADDRESS:
www.b§idpzpgin—t.com
ELECTRONIC MAIL ADDRESS:
mpstran¢e@Bearin8point-net
30
INC
Department Contractor
-3--1040
REQUESTING ACCEPTANCE OF CITY MANAGER AND
EVALUATION COMMITTEE'S RECOMMENDATION
RFP 02-03-216
ITEM: Consulting Services for Business Process
Reengineering & Subject Matter Experts
DEPARTMENT: ITD
TYPE:
Contract
REASON: It is recommended that the most qualified firms, in
rank order, are: 1) Blackwell Consulting Services,
LLC, and 2) Bearing Point, Inc., for the provision
of Business Process Reengineering (BPR) and
Subject Matter Experts (SME) services, for the
Department of Information Technology;
authorizing the City Manager to negotiate a
Professional Services Agreement, with Blackwell
Consulting Services, LLC for an initial term of two
(2) years, with the option to extend for two (2)
additional two (2) year periods, be approved.
Q n
Director of Purchasing
l �
D to
03-1040