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Note to Contract Coordinator:This schedule is to be used for the following specifically identified management consulting type services and is attached to the FS1 Consulting and General Services Contract, but does not include services provided by licensed professionals working in their professional capacity including, but not limited to: architects, engineers, doctors, dentists, and lawyers, or for financial review and assurance services (contact your ministry Contract Procurement Advisorwhen contracting for financial review and assurance services).

Management consulting is defined as an “… advisory service contracted for and provided to organizations by specially trained and qualified persons who assist, in an objective and independent manner, the client organization to identify management problems, analyse such problems, recommend solutions to these problems, and help, when requested, to implement the solutions.”

Characteristics of Management Consulting Service Contracts:

  • a service which advises and assists;
  • subject to a formal contracting arrangement;
  • provided to government organizations;
  • provided by individuals and firms with special training and qualifications;
  • is independent and objective;
  • identifies and analyses management problems;
  • recommends solutions;
  • when requested, helps with implementing solutions

Scope of Management Consulting Service Contracts:

Management consultants provide services in the following areas:

  • General management
  • Financial management
  • Strategic planning
  • HR benefits services contract
  • Marketing management
  • Operations management
  • Government program management; and.
  • Information technology service contracts (see criteria below);

Information Technology Service Contractsmeans any service necessary for the provision of information technology and information management including:

  1. Application Development Services for custom applications and custom websites, including such services as:
  • Business Analysis
  • Application architecture planning
  • Application designers/developers
  • Quality assurance/ testing
  • Application management
  • Technical writing services for application manuals, and
  • Application software maintenance
  1. Information Management and Information Technology Consulting Services by persons specially trained and hence qualified to provide advice and recommend solutions on information management and information technology issues such as:
  • IT business analysts
  • IT security analysts, and
  • Technology architect
  1. Exceptions:

This does not necessarily apply in the following circumstances. You must consult with a ministry Contract Procurement Advisor prior to procurement:

  • the value of the contract is over $250,000
  • large-scale IT and process outsourcing
  • Alternative Service Delivery initiatives
  • software license and maintenance agreements
  • “help desk” services
  • data processing services
  • telecommunications services
  • equipment support services, or
  • a combination of the acquisition of information technology goods and services,

Sometimes there are Corporate Supply Arrangements or other arrangements in place for these services. Check here:

/ Ministry of
Forests, Lands and
Natural Resource Operations / Schedule Letter– Information Technology & Management Consulting Services - Additional Terms

File:

Attachment to the Agreement with for .

Monetary Limitations of Indemnity

  1. The indemnification by you pursuant to Section 11.01 of the Agreement is limited to:

a)$2,000,000per Loss; and

b)$4,000,000 in the aggregate for all Losses

Exceptions to Monetary Limitations

  1. The limitation set out in Paragraph 1 of this schedule does not apply to a Loss resulting from any of the following:

a)bodily injury or damage to real property or tangible personal property;

b)a claim of infringement of third-party intellectual property rights;

c)a breach of Section 7.01, 7.02, 7.03, and8.01of theAgreement.

Province to Notify Contractor of Loss

  1. To claim indemnification for a Loss pursuant to Section 11.01 of the Agreement, we must promptly notify you in writing of the Loss as soon as reasonably practicable after we become aware of the Loss provided that a failure by us to provide such notification will not invalidate the claim unless you are materially prejudiced by that failure.

Third Party Intellectual Property Infringement Claims

  1. If the Loss is on the basis of a third-party claim that any element of the Material infringes the intellectual property rights of any person:

a)then you must defend us against that claim at your expense and you must pay all associated costs, damages, and legal fees that a court or arbitrator finally awards or are included in a settlement agreed to by you; and,

b)we must cooperate with you in the defence of the claim and, where appropriate in the discretion of the Province, will allow you to appoint and instruct counsel and otherwise control the defence and any related settlement negotiations.

Right of Province to Negotiate License of Produced Material

  1. At the end of the Term, we, in our sole discretion, may negotiate with you to provide you a license (which may be exclusive or non-exclusive) for you to use, reproduce, modify or distribute some or all of the Produced Material.
  2. In addition to Section 16.09 of the Agreement, the provisions contained in this schedule continue in force indefinitely even after this agreement ends.

FS1-M HFMS April 1, 2013Page 1 of 3