HomeMy WebLinkAboutContract #: 1184 - From: 02-27-2019 To: 07-01-2019 - Crisis Focus, LLC - IT TOWN OF NORTH ANDOVER
STANDARD SHORT FORM CONTRACT DOCUMENT
CONTRACT NO:7U41
Contractor Legal Name: To—Department Name:
Crisis Focus, LLC Information Technology
Contractor Address: Mailing Address:
3125 Kathleen Ave#160 Town all
Greensboro, NC 27408 120 Main Street
North Andover, MA 01845
Contractor Vendor ID:
2214
Contract Details:
Description of Scope(Attach support documentation)
Provide a facilitated process to create a Continuity of Operations Plan for the Town's Essential
Functions. The process of developing a customized solution for The Town of North Andover will follow
best practices of continuity plan development as identified by the Federal Emergency Management
Agency (FEMA), and the expertise of Crisis Focus. (See attached proposal)
Begin Date: February 2019 End Date: July 2019
Rate: $32,500 Not to Exceed Amount: $32,500
Contract Signatures
Finance Director Contractor Department Head
Approved as to the availability of AGREES TO PROVIDE THE ATTACH ALL REQUIRED
appropriations GOODS OR SERVICES AS DOCUMENTS
INDICATED ACCORDANCE
WITH THESE CONTRACT
DOCUMENTS AS DEFINED IN
THE NORTH ANDOVER
In the amount of STANDARD CONTRACT
GENERAL CONDITIONS
ol
J
*ign tuVre Signature Signature
Title: Title:
AAe vnbe v IT Director
Date: ab 719 o Date: 02/13/19
Tow—h Man*er:
Date:
TOWN OF NORTH ANDOVER
STANDARD CONTRACT GENERAL CONDITIONS'
Article I. Definition of Terms: The following terms in these Contract Documents shall be construed as follows:
2."Town"shall mean the Town of North Andover,Massachusetts
3. "Contract,Agreement,and Contract Documents"shall include the Town's Standard Contract General
Conditions,the Invitation for Bids,Requests for Proposals or other solicitations,the contractors response including
Contract Certifications and Applications excluding any language stricken by the Town as unacceptable and
including any negotiated statements of work contemplated by the solicitation,Technical Proposals,Contractor's
Price Proposals,Performance Bonds,which documents are incorporated herein by reference. Any conflict between
the Town's standard contract general conditions and the Contractor's bid proposal or any other submission will be
resolved in favor of the Town's standard contract general conditions which shall preempt all other submittals.
4."Contractor"shall mean the individual,partnership,corporation or other entity to which this Contract is
awarded.
Article II.Performance: The Contractor shall provide the services to undertake and perform all appropriate tasks
described in the Contract Documents. The Contractor shall upon written request remove from Town premises or
work sites and replace all individuals in the Contractor's employ whom the Town determines to be disorderly,
careless or incompetent or to be employed in violation of the terms of this Contract. Performance under this
contract shall include services rendered,obligations due,costs incurred good and deliverable proved and accepted
by the Town. The Town shall have a reasonable opportunity to inspect all goods and delivers,services performed
by and work product of the Contractor and accept or reject such goods,deliverable,services or work product.
Article III.Time of Performance:. The Contractor shall commence work immediately upon execution of this
Agreement. If the Contractor fails to work at a reasonable speed or stops work altogether without due cause,as
determined by the Town,the Town may give notice in writing to proceed with the work or to carry on more
speedily. Three days after presentation of the notice if the work is not proceeding to the satisfaction of the Town,
the Contractor shall be considered in default in the performance of the Contract. This Agreement may be extended
or renewed upon agreement of the parties and only upon execution of written agreement.
Article IV. Revisions in the Work to be Performed: If the Town requires revisions or other changes to be made
in the scope or character of the work to be performed,the Town will promptly notify Contractor.For any changes to
the scope of work,the Contractor shall notify the Town of associated costs in writing. The Contractor shall make
the necessary changes only upon receipt of a written acceptance of the costs and a written request from Town. The
Contractor shall not be compensated for any services involved in preparing changes that are required for additional
work that should have been anticipated by Contractor in preparation of the bid documents as reasonable determined
by the Town.
Article V. Payment for Services: The Town shall make payment to the Contractor as on the schedule and based
on the milestones and deliverables set forth in the Contract Documents or on a periodic basis.
Article VI. Ownership and Confidentiality of Material,Work Products: All information,data,reports,
studies,designs,drawings,specifications,materials,computer programs,documents,models,inventions,equipment,
and any other documentation,product of tangible materials to the extent authored or prepared pursuant to this
Contract(collectively,the"Materials"),shall be the property of the Town. All Contractor proprietary rights shall be
detailed in the Contract Documents. At the completion or termination of this Contract copies of all original
Materials shall be promptly turned over to the Town.Once the Town has paid for a particular Material,ownership
vests in Town and the Contractor must provide such Materials to Town within ten(10)business days of the Town's
request for the same without cost to the Town. The Town may use the Materials with respect to construction,
maintenance,repair,alteration,expansion,modification and reconstruction of the Project at any time and from time
to time. The Town may use the Materials produced,generated or compiled by the Contractor for another project,
provided the Contractor shall not be responsible for changes made to the drawings,plans,or specifications without
the Contractor's authorization,nor for the Town's use of the drawings,plans or specifications on another project.
The Town agrees,to the extent permitted by law,to hold the Contractor harmless from any claims,losses arising out
of any use or changes to the Materials by the Town or its representatives during any other construction not a part of
this contract. The Contractor shall not use such materials for any purposes other than the purpose of this Contract
without prior written consent of the Town.
These Standard Contract General Conditions apply to contracts procured pursuant to M.G.L.c.30B or for exempt
good and services.
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Article VII. Release of Town: The Contractor agrees that acceptance of what the Town tenders as the final
payment for final services under this Agreement shall be deemed to release of the Town forever from all claims,
demands,and liabilities arising from,out of,or in any way connected with this Agreement. The Contractor shall
execute a release if asked to by the Town.
Article VIII. Indemnification: The Contractor shall indemnify,defend and hold harmless the Town and all of its
officers,agents and employees,with counsel acceptable to the Town,from all suits,claims,demands,losses and
liabilities brought against them or based upon or arising out of any act or omission of the Contractor,its agents,
officers,employees,or subcontractors in any way connected to this Agreement. The Contractor agrees that it shall
be solely responsible for the conduct,health,and safety of its employees during the term of this contract and shall
hold the Town harmless for any injuries,damages or losses incurred by its employees while working on this project.
The Contractor's agreement to indemnify the Town shall not be deemed to be released,waived or modified in any
respect by reason of any surety or insurance provided by the Contractor under the Agreement.
Article IX. Insurance: The Contractor shall secure and maintain insurance adequate to meet its obligations
hereunder and shall provide the Town with certification of such.The Contractor shall at its own expense maintain
motor vehicle liability insurance policies,workers compensation,and general liability coverage.For Contracts for
professional services,the Contractor shall carry professional liability or Errors and Omissions liability insurance
with a minimum limit of$1,000,000.00 per occurrence,$2,000,000.00 aggregate with a maximum deductible of
$25,000.00.
Article X.Assignment: The Contractor shall not assign,transfer,delegate or subcontract any interest in this
Agreement without the prior written consent of the Town.
Article XI. Relationship with the Town: All services to be performed under the terms of this contract will be
rendered by the Contractor as an independent Contractor. None of the terms of this contract shall create a principle-
agent,master-servant or employer-employee relationship between the Town and the Contractor. The Contractor
shall have no capacity to bind the Town in any contract nor to incur liability on the part of the Town and if the
Contractor employs or proposes to employ any person during the term of this contract,the employment or proposal
shall not obligate the Town in any manner to any such employee.
Article XII.Compliance with Laws and Contractors Responsibilities: The Contractor certifies that it and its
subcontractors has complied with all applicable laws and is eligible to work in the Commonwealth of Massachusetts
and that it is in compliance with Federal and State Tax laws. The Contractor shall not discriminate against any
employee,or applicant for employment because of race,age,color,religious creed sexual orientation or
identification,handicap,ancestry,sex or national origin. The Contactor will in all solicitations or advertisement
form employees placed by or on behalf of the contractor,state that all qualified applicants will receive equal
consideration for employment without regard to race,age,color,religious creed, sexual orientation or identification,
handicap,ancestry sex or national origin. If applicable,as determined by the Massachusetts Department of Labor
Standards,the Contractor shall comply with the Massachusetts Prevailing Wage an shall cause its subcontractors to
comply with M.G.L.c. 149,s.2713,which requires that a true and accurate record be kept of all person employed on
a project for which the prevailing wage rates are requires. The Contractor shall and shall cause its subcontractors to
submit weekly copies or their weekly payroll records to the City,the extent the Prevailing Wage is applicable.
If an employer,the Contractor certifies compliance with applicable state and federal employment laws and
regulations,including but not limited to minimum wages and prevailing wages programs and payments,
unemployment insurance and contributions,workers compensation and insurance,child labor laws,human
trafficking,fair labor practices,civil rights laws,non-discrimination laws and any and all other applicable laws.
The Contractor agrees to be responsible for and warranty the work of its subcontractors listed in the Contract
Documents and to ensure their compliance with all applicable legal,quality and performance requirements of the
Contract Documents. The Contractor may not use subcontractors not named in the Contract Documents without the
prior written consent of Town,which will not unreasonably be withheld. The Contractor agrees to pay all debts for
labor and/or services and materials contracted by it,if any,and for the rental of any office space,equipment or
machinery hired by it,if any,for and on account for the services to be performed hereunder. The Contractor shall
not take any action that causes any public official to be in violation of the State Ethics Law,M.G.L.c.268A. The
Contractor certifies that it and its subcontractors are not currently debarred or suspended by the U.S.government,
the Commonwealth or any of its subdivisions,and that it nor any of its subcontractors have been subject to a federal
or state criminal or civil judgement,administrative citation,order for violation of M.G.L.c. 149,s. 151 or the Fair
Labor Standards Act within three years prior to the date of the contract. The Contractor certifies that it has not
declared bankruptcy.
Article XIII. Severability: In the event any provision of this Agreement is found by a court of appropriate
jurisdiction to be unlawful or invalid,the remainder of the Agreement shall remain and continue in full force and
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effect.
Article XIV. Termination of Agreement: The Town may terminate this Agreement upon immediate written
notice should the Contractor fail to perform substantially in accordance with the terms of the Agreement with no
fault attributable to the other. In the event of a failure to materially perform by the Contractor the notice of such
breach shall be accompanied by the nature of the failure,and the Town shall set a date at least 10 days later by
which Contractor shall cure the failure. If the Contractor fails to cure within the time as may be required by the
notice,the Town may at its option,terminate the Agreement. The Town may terminate this agreement without
cause at any time,effective seven days beyond a termination date stated in a written notice of termination. In the
event of termination,the Contractor shall be compensated for work product and services performed prior to the date
of termination. In no event shall the Contractor be entitled payment for any services performed after the effective
date of termination,and under no circumstances shall the total price exceed the contract price.
Article XV. Governing Law and Jurisdiction: This Agreement shall be governed by the laws of the
Commonwealth of Massachusetts. Any actions arising out of this contract shall be brought in a state or federal court
in the County of Essex,Commonwealth of Massachusetts,which shall have exclusive jurisdiction thereof.
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Proposal Overview
Request:
At C:-ie request of Christopher McClure from the ..Il,..or n of North Andover, Crisis Focus, II...II...0 respectfully suusun°niifs the
frcadduawin p:;aranlposaad to p;arovdcde a facilitated process to create as Continuity of Operations Plan for the Tow n's E..'sseprnfd d
IF unctions.
Project Summary
T"he Ilprraeess of developing customized solution for..Il,..he..Il,.e n f Nord.dn Andover YALI follow IL)est ppr eC:dees of continuity
plain development as iiaden tif lead by the IlF���eder d Emergency Management Agency (F,E ), and the expertise of Crisis
p...mruCUS. hn geinerail, the Continuity Planning p;brrajee.t wvddd include the following Bey processes and rrnddesf.curnesa
• Kickoff Meeting and Cou°nfdr°na,riif
y °rr darnr'dirn a A customized training Ilprra r unn will be delivered to „T. e °row n of
North Andover departmental stakeholders on the basics of Continuity Ip:Idaainindrng Iprocedures aind Ipreeessesa "11"dne
traiiinfing serrndrnaar will also include fdrmehiners for the C.00P pprojeedr, aairnrd instructions for the cdaataa, collection
ah ase ref fine br p.°, m ... p: �rajeefN II"'dniis trafiii,'fling and kickoff session w6dp take p:apaaee cans6oae 'raudn a mdirndrrnuirrn of one staff
imeimdaer frrarrn Crisis IlF cacuus,
• Data CollectionSurvey: Based on the trafinfing provided fin the kickoff meebing, dep rfr°nenits will be Basked to
a,:cur°rnpadeC.e a data erappecitio n survey docuimenHing the key elements of a COOP Iplan for their Department. Once
the survey its earn pilednecd„ Crisis Focus will review the daita and hold a foillow-up teleconference with the
delp rfri ff rneeerssaairy) to clarify and validate the data elements of a COOP IPd irn.
• Draft Plan Review: Based on the data collected from the survey aari d prncdpvi duu p calls wdfdn cdq.mrCimernfs, Crisis
1 ocuus wiLit draft an iirni bail Continuity of Operations Plain for.T'he"lfcawvrn of North Andover. °rhe draft adcaeuurnenf
Ai be cddsf.rdbuutecd to staaked°ncaduders for review and vaddcdaLio n and described through an interactive Webinar.
Any corrections identified by stakeholders wvdpd be linccuq.mraafecd ilrnfra the final document.
• Fumed Flora Delivery. Crisis IlF ocuus will eraii all of the required charges to the draft IPdarn and present a final
p.Aarn to"11"une "11"e rn of North Andover stakeholders through a Webfi°nara "1f'dnerfiles wUL be delivered dine IPDF and
Microsoft Word format to allow for future updates to use completed by "T"tie"T"owrn of North Andover personnel.
d"dnus plain will be a. starting n pucanA for continuity and cover the i elements recommended by II��:d for
w ..
c.r:rr°na~dr°nuuufy p�daar°nr�ur� II"'llne forma f of fll°ne pplan Mpd allow for fuuLure uup:ucdaa~es wvdflhr irncar°e data or rrnre sralpuniiskdcaLed
dn°nvernfoides / procedures to IL)e uap:;aadafead by 11"he.11"o wr°n of North Andover or others as needed.
--------------------------
Strategic Planning for R sNNN ^rnc ^ and Exercise. At the corrnpiledo n of the Continuity ity of Operations PlarninNrnm
process, Crisis Focus will paci tate an mnirnsNte strategic planning worlkslf-q..) to determine Long term projects to
increase the resffi nncy of stakeholder dep rtiments and the overall community. The workshop will begin with
.. able Top Exercise (T ) to practice the implementation of the COONS Plain. At the conclusion of the
exercise, a facilitated workshop will talon place to determine actionable steps that the.Town of North Andover
can talk over,time to reduce the ouncnpact of future disasters to"Town Departments and increase the r sillency
of the organization. This phase will result urn a draft and final Strate uc Plan for Continuity and Resiliency.
Project Timeline and Methodology
MILESTONE MIE1fHOD N OTIES I"AR E"
TI NELINIEI
ectNmn betty rn pu°ojccN spo-rnsrar, C N'eNnr"uary
MANAGEMENT staff, and mntNner°key st kehoWers to
MEETING determine ne a project plan, identification of
st.a.keho(ders, and duscUssNmmirn of Project
Kickoff dates.
PROJECT KICKOFF dace to Face A face to face rineeting in North Andover for Marcia
MEETING AND 11"raining between 2 and 3 hours on the project plain,
STAKEHOLDER Continuity Basics, and continuity tool
TRAINING G discussion.
DEPART IENTAL Phorne Calls ai nd Crisis FoCUS staff supports departments in March ! AIprR
COACHING Graro eetNrn completing the continuity worksheets and
data coUectpomn process.
DRAFT COOP PLAN o roMeeting Presentation of the draft Continuity Plan to April
IPRESIEN TA OPN stakeholders for review and comment.
FINAL COOP PLAN Go"TbMeeting Presentation of Lhe'fNrnal COOP plan Lo May
PRESENTATION stakeholders and discussion of next sups.
"TABN..,E TOP EXERCISE Face to Face Event A-face to face event in North Andover with May/June
AND STRATEGIC rWs Focus staff to include a"'N"We"'N"opn
PN...AN INN Exercise and Strategic Manning workshop.
WORKSHOP
STRATEGIC PLAN Reunnote Dellvery of a draft strategic Iplan and final July
DRAFT AND FINAL Go'T"oMeeting strategic plain that irnclud ^s lessons [earned
PLAN fro mn the COOP exercise and strategic
planning workshop.
1 Ti sand are ne oti abma�between Cdsi�Focus and the client upon project r iffi�ation.
�aro�u��m�a���ra�t��s�r����tmrozud.cet��s.a�ra�'� � � �' " �....
Project Assumptions
The.N,,,own of North Andover wwitt (provide an irmdiiwidnuat that wwitt act as he project manager from the perspective the
hosting organization. This individual wwiii f ciiif.ate communications with st lk imoNders and coordinate training
scheduling rnd d partmme ntaL facilitation when needed.
NN quotes and estimations do not irnciude printing, food for paii1icipanmfs, and/or facRify r ntat for instruction.
After project award, an inmif i fei cornfe„r eince wwiii take puce between The .N,,.own of North Andover and Crisis f:-'ocus
to finahze a def iN d scope of work Mtm project fiirmm h nes, detiweru btes, and expectations.
About Crisis Focus, LLC
Crisis f:-ocuus, NwI C is a niche conmsauifarncy firm fOCUsing on crisis mainageiment and emergency management age mmen t iri the health
care, im gher edn.uc f onm and government settings. Based in Ceimtrai li orfim Carolina, Crisis Focus SUPPOir S chenmfs
throughout fi°ie i„irifted States and uii:)ro d in att phases of emergency and crisis manageiment. Our consultants bring ui
range of experience to beau in both the private and puubtic sectors with incident specific i.:nerience ranging from
focused loci incident t response to a complex Type 1 incident coordiri fiio n. Crisis li'cCUS team rmm rnmb rs excel in
tailoring specific solutions and products to meet their cLiermis' needs.
Creating g an experience that exceeds a ctierif°s expecf f:io n is the first goat of every crisis Focus endeavor. Every
member of team has committed to placing the client t first of all times.
We create this soup nr icirry customer chniate thirougin a riuurrnbeir of lily initiatives.
• Create a relationship that a ctienmf can depend on during a time of crisis.
® f3egirn with a no cost, in depth assessment of time cH n is need, dehvering a cNe riy defined scope of work
doc.urmie nf.atong with our pricing estimate.
• The Crisis Focus team will conf n uo usiy work k w fth the client to first define the conditions of s tisf cdoin for
the project and rcuaufinety evaluate the progress towards corns: tenon.
® Tailor our services not only to deliver what was requested, but to meet time mead and frame of the client
or rii f care"s Culture s if reN fes to organizationat health grid i 'w N of preparedness.
• Provide products and seir0c s that add value to the client's organization,,
• Provw de the cli irnf with opportunities for continuous feedback and a past:-corripLetiorn review of performance.
OEM
QUOTE
Crisis Focus,LLC
3125 Kathleen Ave#160
Greensboro,North Carolina 27408
United States
(336)265-5292
www.crisisfocus.com
Comprehensive COOP Planning Process $17,500
Strategic Resiliency Planning and Table Top Exercise $15,000
TOTAL $32,500
Quote T rrmnosr
This quote is confidential.
This quote assumes all Departments, Boards, and CorTirnittees will be a Part of the COOP prograr n as listed
oil they INor°th Andover Websfte.
This quote is valid until Dece nmll'Der 31, 2018
'rhis quote includes 1 or)-site Tirainio°n8 to begin the COOP Process and 1 orn siten worksholD to be gill the
Strategic Rianning Process
Prices do not reef ect filial d0CUrnnernt prpr inting. AIL docu.urnne nts will II�e delivered ion PAS Word and Adobe PDF
forr'nnats.
Payrnent to rills for the Project:
0 10 due upon delivery e of COOP Training
(-,, 40%due after delivery r of draft 0f'iOP IPlan,
20%duio after dt llverry of Strategic Nanning orkshop and Exercise
() 30 due after delivery of they firma Strategic Plan