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HomeMy WebLinkAbout434927 DENOVO LLC - CONTRACT - RFP - P1051 JD EDWARDS APPLICATION CONSULTINGPROFESSIONAL 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 Denovo, LLC hereinafter referred to as "Professional'. W ITNESSETH: 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 P1051 JD Edwards Application Consulting, 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 March 1, 2007, and shall continue in full force and effect until February 29, 2008, 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. stdwopsa rev 09/01/06 EXHIBIT C SCOPE OF WORK The following inclusive list is intended to define the scope of the services that are most likely to be requested during the length of the contract. There could be other, unidentified Enterprise One services required. Focused Services ➢ Finance o General Ledger o Chart of Accounts o Accounts Payable o Accounts Receivable o Fixed Assets o Purchasing o Budget o Job Cost ➢ Human Capital Management (Human Resources and Payroll) o Payroll o Time and Labor o Human Resources o Benefits o Global Leave Administration o Manager and Employee Self Service o Benefit Enrollment Self Service o Applicant Tracking o Training Tracking o Position Control o Workflow ➢ Enterprise Asset Management (also known as Asset Lifecycle Management) ➢ Enterprise Report Writing ➢ JDE Development Tool Current Environment EnterpriseOne Environments We are on JDE EnterpriseOne 8.11 SP1 with tools release 8.95 F1. 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 Users ➢ Total — 2200 ➢ Concurrent — 50 — Note: This will change with the implementation of self service this year. WOPSA 05/01 3 EXHIBIT D CONTRACT RESPONSE MECHANISM Contract award does not guarantee any minimum amount of dollars or hours for any of the vendors selected. The City is awarding contracts to multiple vendors in order to contract with varying skill sets and/or to gain additional scheduling flexibility. The highest - ranked proposer will serve as the Primary Contractor, the second -highest ranked proposer will serve as the Secondary Contractor, and the third -highest ranked proposer will serve as the Tertiary Contractor. As a standard practice, it is the intent of the City that, as the need for JD Edwards Application Consulting arises, the City would contact the three contractors regarding the specifics of the need. If the Primary Contractor is able to meet that need with sufficient qualified resources in the time frame required, the Primary Contractor receives the Work Order. If not; if the Secondary Contractor is able to meet that need with sufficient qualified resources in the time frame required, the Secondary Contractor receives the Work Order. If not; if the Tertiary Contractor is able to meet that need with sufficient qualified resources in the time frame required, the Tertiary Contractor receives the Work Order. If none of the contractors are able to meet the need, other contractors would be contacted. When contacted by the City of Fort Collins Project Manager (either by phone or by e- mail) with a request, Contractors are asked to respond back with the following: • Person available (their resume should already be on file with us) When they are available Long writeups are not necessary unless specifically requested by the Project Manager. Primary Contractor: Secondary Contractor: Tertiary Contractor: WOPSA 05/01 AMX International Fujitsu Consulting Services Denovo, LLC NEjr Sa6sFAXUon From: Christina Duintam $03-972411688 To: Christine Date: 3112f2007 Time: 11:44:36 AM Pape 1 of 2 ACORD TM. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 1 03/12/2007 PRODUCER Phone: (303) 972-6633 Fax (303) 972-6055 IRG -AFFINITY INSURANCE PARTNERS, LLC THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 7991 SHAFFER PARKWAY, SUITE 100 LITTLETON CO 80127 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Hartford Insurance Co. DENOVO LLC INSURER B: Lloyd's Syndlcate #33 357 SOUTH MCCASLIN BLVD LOUISVILLE CO 80027 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD' IN9RD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/YY POLICY EXPIRATION oATi M OMY—Y LIMITS GENERAL LIABILITY 34 SBA UH5488 11/30/06 11/30/07 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [j] OCCUR _ DAMAGE TO RENTED PREMISES Eaoccurence $ 300 000 r NED_ FXP (kw one pay on) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 A GENERAL AGGREGATE $ 2,0W,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGO. $ 2,000,000 PROF POLICY JECT LOC AUTOMOBILE LIABILITY ANY AUTO 34 SBA UH5488 11/30/06 11/30/07 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per person) $ A HIRED AUTOS NON -OWNED AUTOS X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY. AGG $ EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR El CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS'LUABRITI wo `TUTU- OTHER Tom' IT EL. EACH ACCIDENT $ ANY PROPRIETORIPARTNER/EXECVTIVE E. L. DISEASE -EA EMPLOYEE $ OFFN:ERIMEMBER EXCLUDED? Nye., deserve under SPECIAL PROVISIONS below E. L. DISEASE -POLICY LIMIT $ OTHER: Professional Liability USUCS36010087 02/20/07 02/20/08 $1,000,000-Aggregate Limit B $10,000 - Relentlon DESCRIPTION OF OPERATIONSILOCA IONSNEHICLES/EXCL SIONS ADDED BY NDORSEMENT/ SPECIAL PROVISIONS THE CITY OF FORT COLLINS, COLORADO, ITS OFFICERS AND EMPLOYEES ARE ADDITIONAL INSUREDS AS RESPECTS LIABILITY ARISING OUT OF THE WORK PERFORMED BY THE NAMED INSURED FOR OR ON BEHALF OF THE CERTIFICATE HOLDER. CERTIFICATE HOLDER CANCELLATION CITY OF FOR COLLINS, PURCHASING P O BOX 580 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO FORT COLLINS, CO. 80522 DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, IT'S AGENTS OR REPRESENTATIVES. Attention: AUTHORIZED REPRESENTATIVE �j�-/J�)��,�,, L/��J "�" it am R. Greer ACORD 25 (2001/08) Certificate # 22641 © ACORD CORPORATION 1988 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: Denovo, LLC City of Fort Collins, MIS City of Fort Collins, Purchasing Attn: Mark Goedde, President Attn: Michelle McDonough Attn: Ed Bonnette and Chief Executive Officer P.O. Box 580 P.O. Box 580 357 South McCaslin Blvd. 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. Desion, Project 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. 2 stdwopsa rev 09/01/06 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 hereunderfor the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 3 stdwopsa rev 09/O1/06 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. Bindina 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. 4 stdwopsa rev 09/01/06 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 Aaainst Emblovina 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 5 stdwopsa rev 09/01/06 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. F. 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 one (1) page, and Exhibit "D", consisting of one (1) page, attached hereto and incorporated herein by this reference. stdwopsa rev 09/01/06 THE CITY OF FORT COLLINS, COLORADO (JaryTes B. O'Neill II, CPPO, FNIGP `Di ector of Purchasing & Risk Management Denovo,LLC a Title: President and Chief Executive Officer CORPORATE PRESIDENT OR VICE PRESIDENT Date: February 23, 2007 ATTEST: U49-4 07 104AVViO001 Corporate Secretary (Corporate Seal) 7 stdwopsa rev 09/01/06 EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND Denovo, LLC 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 Date: User The attached forms consisting of _ U 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: 8 stdwopsa rev 09/01/06 EXHIBIT B RATE SCHEDULE Senior Application Consultant (Functional) Application Consultant (Functional) Technical Consultant (Development) Technology Consultant (CNC) Database Consultant Trainer Project Manager $155/hour $130/hour $110/hour $140/hour $135/hour $110/hour $140/hour There is no additional charge for off -hours support; the normal billable rates listed above will apply. Value Proposition: Local People: If local resources (within 50 miles of City of Fort Collins) can be utilized, the above Rates will be reduced by $5/hour. Long -Term Project: If the City requests a long-term project (more than four (4) months in duration), the above Rate of any non -local consultants used will be reduced by $5/hour. Multiple -Person Project Teams: If the City requests a project which requires a team of more than four (4) consultants to accomplish the goals of the project, the above Rate of any non -local consultants used will be reduced by $5/hour. These option rate conditions are intended as stand-alone and are not anticipated to be combined (i.e., Long -Term Project rate could not be combined with the Multiple -Person Project Team rate to yield a $10 discount from each person). On -site expenses incurred by Denovo 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, travel to and from the airport, taxis, car rentals, and hotel accommodations.