HomeMy WebLinkAbout278986 AMX INTERNATIONAL - CONTRACT - RFP - P1047 JD EDWARDS REMOTE CNC SUPPORTPROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and AMX International, Inc., hereinafter referred to as "Professional'.
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
Scope of Services. The Professional agrees to provide services in accordance with
any project Work Orders for P1047 JD Edwards Remote CNC Support, issued by the City. A blank
sample of a work order is attached hereto as Exhibit "A", consisting of one (1) page and is
incorporated herein by this reference. The City reserves the right to independently bid any project
rather than issuing a Work Order to the Professional for the same pursuant to this Agreement.
2. The Work Schedule. The services to be performed pursuant to this Agreement shall
be performed in accordance with the Work Schedule stated on each Work Order.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of the
essence. Any extensions of any time limit must be agreed upon in writing by the parties hereto.
4. Contract Period. This Agreement shall commence December 1, 2006, and shall
continue in full force and effect until November 30, 2007, unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for additional one
year periods not to exceed four (4) additional one year periods. Renewals and pricing changes
shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published
by the Colorado State Planning and Budget Office will be used as a guide. Written notice of
renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to
contract end.
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EXHIBIT C
SCOPE OF WORK
The following inclusive list is intended to define the scope of the services that could
potentially be requested during the length of the contract. There could be other,
unidentified Enterprise One services required. The focus of the services during this
initial phase will be on routine JDE tasks or tasks that are performed infrequently.
Additionally, the transfer of technical expertise for tasks we are executing, but need
mentoring on, could be required. This would include phone support. The selected
vendor would access the City's JDE system via a VPN (Virtual Private Network)
connection.
Focused Services
These services are the priority functions that are identified as the most likely to
be requested:
➢ Tools Release (Multi -Foundation) / Service Pack Installs
➢ OCM
ESU/ASU deployment
Package Builds & Deployment
➢ Data Dictionary Management
➢ WebSphere Management
Transfer of Technical Expertise
Other Potential Service Requests
➢ Security
Environment / Path Code Maintenance
Data Refreshes
➢ Printer / Job Queue Maintenance
Vacation Coverage
System Monitoring — Mitigate potential problems, make recommendations
WebSphere Management
Vertex Management and upgrades
JDE JAS Server Management
Production Critical issues
➢ Performance Tuning
➢ Cleanup / Purge / Archive logs
Best Practices
Ad -hoc questions and inquiries
Current Environment
Servers
Enterprise Server
Host Name: jde-ent1
HP 9000/rp5740
2 CPUs 750 MHz
8 GB RAM
558 GB Disk Space (mirrored — actual disk space 1016 GB)
HP-UX 11 i 64 bit
Oracle 9.2.0.5 Standard Edition
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Deployment Server
Web Server
Host Name: erp-deploy
Dual Processor
3.5 GB RAM
MS Windows Server 2003 Standard Edition, Service Pack 1
Intel(R) Xeon(TM) CPU 3.4 GHz
Host Name: jde-winweb
HP DL580 G4 server
4 - Intel dual core 2.8 GHZ processors
8 GB RAM
MS Windows Server 2003 Standard Edition, Service Pack 1
EnterpriseOne Environments
We are on JDE EnterpriseOne 8.11 SP1 with tools release
8.95—F1.
Users
Modules
We currently have the following E8.11 SP1 environments:
➢ PD811
Production
➢ PY811
Prototype
➢ DV811
Development
➢ PS811
Pristine
➢ JPD811
Web Production
JPY811
Web Prototype
➢ JDV811
Web Development
➢ Total — 2200
➢ Concurrent — 50 — Note: This will change with the
implementation of self service later this year.
Financial Modules including:
➢
General Ledger
Accounts Payable
➢
Accounts receivable
➢
Fixed Assets
➢
Job Cost
➢
Budget
Human Capital Management Modules including:
Human Resources
Benefits
Payroll
Time and Labor
Applicant Tracking
➢ Position Control
Training Tracking
Employee Self Service
Manager Self Service
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➢ Time and Labor
➢ Applicant Tracking
➢ Position Control
➢ Training Tracking
➢ Employee Self Service
➢ Manager Self Service
Enterprise Asset Management
Enterprise Asset Management
EXHIBIT D
RESPONSE TIMES
Service Provider will assign a primary and a secondary Senior CNC consultant to City of
Fort Collins. The primary CNC will be responsible for task delegation and overall account
activities. In addition, the AMX support line will delegate/escalate production related
issues,
Service Provider distinguishes between four (4) major support topics as follows:
• Weekly maintenance items (package builds, OMW promotions, user admin)
Frequency = daily/weekly/as required
➢ Response time = 4-8 hours
Coverage = 9:00 a.m. — 6:00 p.m., Mon thru Fri, advance notice required
for after hours or weekend maintenance
➢ Escalation = scheduled with primary resource
• Scheduled maintenance (ESU's, Tools Releases)
➢ Frequency = monthly/quarterly/as required
Response time = 8-16 hours
Coverage = 9:00 a.m. — 6:00 p.m., Mon thru Fri, advance notice required
for after hours or weekend maintenance
Escalation = scheduled with primary resource
• Non -Production Issues
Frequency = as required
Response time = 4 hours
Coverage = 9:00 a.m. — 6:00 p.m., Mon thru Fri, weekend support
available to minimize downtime
Escalation = email and phone to primary and AMX support desk,
secondary CNC resource will be contacted
• Production Critical/Production Down
Frequency = as required
Y Response time = 2 hours
y Coverage = 24/7
➢ Escalation = phone and email to primary, secondary and AMX Support
Desk. First to respond will initiate support and escalate as required.
• A dedicated PC for City of Fort Collins will be maintained in AMX's data center.
This PC will be configured with the City of Fort Collins VPN client and required
remote software. In addition, the primary and secondary CNC will maintain a
virtual PC with the required VPN and remote software.
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5. Early Termination by City/Notice. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the
termination date contained in said notice unless otherwise agreed in writing by the parties. All
notices provided under this agreement shall be effective when mailed, postage prepaid and sent to
the following address:
Professional: City: With Copy to:
AMX International, Inc. City of Fort Collins, MIS City of Fort Collins, Purchasing
Attn: Aaron Webb Attn: Michelle McDonough Attn: Ed Bonnette
8707 E. Florida Ave. #306 P.O. Box 580 P.O. Box 580
Denver, CO 80247 Fort Collins, CO 80522 Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole
right and remedy for such termination.
6. Design, Proiect Insurance and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the coordination
of all services rendered by the Professional, including but not limited to designs, plans, reports,
specifications, and drawings and shall, without additional compensation, promptly remedy and
correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and
hold harmless the City its officers and employees, in accordance with Colorado law, from all
damages whatsoever claimed by third parties against the City and for the City's costs and
reasonable attorney's fees arising directly or indirectly out of the Professional's negligent
performance of any of the services furnished under this Agreement. The Professional shall
maintain commercial general liability insurance in the amount of $500,000 combined single limits
and errors and omissions insurance in the amount of N/A.
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7. Compensation. In consideration of services to be performed pursuant to this
Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis
designated in Exhibit "B", consisting of one (1) page, attached hereto and incorporated herein by
this reference. At the election of the City, each Work Order may contain a maximum fee, which
shall be negotiated by the parties hereto for each such Work Order. Monthly partial payments
based upon the Professional's billings and itemized statements are permissible. The amounts of all
such partial payments shall be based upon the Professional's City -verified progress in completing
the services to be performed pursuant to the Work Order and upon approval of the Professional's
direct reimbursable expenses. Final payment shall be made following acceptance of the work by
the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other
services rendered by the Professional shall become the sole property of the City.
8, City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to the City Representative.
9. Monthly Report. Commencing thirty (30) days after the Notice to Proceed is given on
any Work Order and every thirty days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Work Order, Work
Schedule and other material information. Failure to provide any required monthly report may, at the
option of the City, suspend the processing of any partial payment request.
10. Independent Contractor. The services to be performed by Professional are those of
an independent contractor and not of an employee of the City of Fort Collins. The City shall not be
responsible for withholding any portion of Professional's compensation hereunder for the payment
of FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
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11. Personal Services. It is understood that the City enters into this Agreement based
on the special abilities of the Professional and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
12. Acceptance Not Waiver, The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's
approval or acceptance of, or payment for, any of the services shall not be construed to operate as
a waiver of any rights or benefits provided to the City under this Agreement.
13. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to
the terms of this agreement, such party may be declared in default.
14. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non -defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the
non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred
because of the default.
15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
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16. Law/Severability. The laws of the State of Colorado shall govern the construction,
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
17. Prohibition Against EmNoving Illegal Aliens. This paragraph shall apply to
all Contractors whose performance of work under this Agreement does not involve the delivery of a
specific end product other than reports that are merely incidental to the performance of said work.
Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that:
A. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal alien; and
2. Contractor has participated or attempted to participate in the basic pilot
employment verification program created in Public Law 208, 104th
Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the 'Basic Pilot Program") in order to verify that
Contractor does not employ any illegal aliens.
B. Contractor shall not knowingly employ or contract with an illegal alien to
perform works under this Agreement or enter into a contract with a
subcontractor that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this
Agreement.
C. Contractor shall continue to apply to participate in the Basic Pilot Program and
shall in writing verify same every three (3) calendar months thereafter, until
Contractor is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Basic Pilot Program is discontinued.
D. Contractor is prohibited from using Basic Pilot Program procedures to
undertake pre -employment screening of job applicants while this Agreement is
being performed.
E. If Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien,
Contractor shall:
1. Notify such subcontractor and the City within three days that Contractor
has actual knowledge that the subcontractor is employing or contracting
with an illegal alien; and
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2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor
does not cease employing or contracting with the illegal alien; except that
Contractor shall not terminate the contract with the subcontractor if during
such three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with an illegal
alien.
Contractor shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course
of an investigation that the Department undertakes or is undertaking pursuant
to the authority established in Subsection 8-17.5-102 (5), C.R.S.
G. If Contractor violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this
Agreement. If this Agreement is so terminated, Contractor shall be liable for
actual and consequential damages to the City arising out of Contractor's
violation of Subsection 8-17.5-102, C.R.S.
H. The City will notify the Office of the Secretary of State if Contractor violates
this provision of this Agreement and the City terminates the Agreement for
such breach.
18. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "C", consisting of three (3) pages, and
Exhibit " D", consisting of one (1) page, attached hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
- Ve-s B. O'Neill II, CPPO, FNIGP
tor of Purchasing & Risk Management
----- ! 24 91164----
AMX International, Inc.
By. ------------
Title:
CORP RATE PRESIDENT OR VICE PRESIDENT
Date: _- �, '----i--
�--------
ATT
(L
-- —
Corporate Secretary
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EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
AMX International, Inc.
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
Acceptance
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional Services
Agreement between the parties. In the event of a
conflict between or ambiguity in the terms of the
Professional Services Agreement and this work
order (including the attached forms) the
Professional Services Agreement shall control.
Professional
By:
User
The attached forms consisting of _-- (—) pages
are hereby accepted and incorporated herein, by
this reference, and Notice to Proceed is hereby
given.
City of Fort Collins
By: --------------
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
(over $30,000.00)
Date:
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EXHIBIT B
RATE SCHEDULE
Remote CNC Solution Support: $125/hour
On -site CNC Solution Support $155/hour
Onsite Application Support (Financials/HR) $165/hour
There is no additional charge for off -hours support; the normal billable rates listed above
will apply.
On -site expenses incurred by AMX personnel for consulting or training to be charged to
City of Fort Collins as follows:
• Local travel, incidental expenses, and meal per diem per IRS guidelines
(currently $44.00).
• Air travel time at consultant's full rate one way per the Official Airline Guide.
• All other travel expenses outside of a reasonable driving distance including but
not limited to: airfare, airport parking, and travel to and from the airport, taxis, car
rentals, and hotel accommodations.
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