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Home My WebLink About310036 BLUE DOT SOLUTIONS INC - CONTRACT - CONTRACT - 3307989 P907 JDE MOBILE SOLUTIONSERVICES AGREEMENT Mobile Solutions 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 BLUE DOT SOLUTIONS, Inc., hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of three (3) pages, and incorporated herein by this reference. 2. Contract Period This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Professional mailed no later than ninety (90) days prior to contract end. 3. Delay If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. 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 Service Provider. 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 addresses: City: City of Fort Collins Purchasing PO Box 580 Fort Collins, CO 80521 Service Provider: Blue Dot Solutions 602 Park Point Drive, Suite #255 Golden, CO 80401 In the event of early termination by the City, the Service Provider shall be paid for services SA 10/97 1 ACOB CERTIFICATE OF LIABILITY INSURANCE PmQ 01_23 T2004 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION COBIZ INSURANCE, INC/PHS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 340725 P: (866 )467-8730 F: (877) 905-0457 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. BOX 33015 SAN ANTONIO TX 78265 INSURERS AFFORDING COVERAGE INSURED INSURER A,H art ford Fire Ins Co INSURER B, BLUE DOT SOLUTIONS, INC INSURER C, 602 PARK POINTS DR. #255 INSURER D. GOLDEN CO 80401 INSURER E, THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN 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 SUC POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSA LTA TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE DD YY POLICY EXPIRATION ATE Y LIMITS A GENEAAL LIABILITY COMMERCIAL GENERAL LIABILITY 34 SBA FP 3 8 0 9 0 7/ 0 9/ 0 3 0 7/ 0 9/ 0 4 EACH OCCURRENCE b l 0 0 0 0 0 0 FIRE DAMAGE (Any one Ii 6 3 0 0 000 RED 6XP (Arty one ruon) 6 1 0 0 0 0 CLAIMS MADE a OCCUR Business Liab X PERSONAL i ADV INJURY 61 000 000 GENERAL AGGREGATE s2,0001000 GEN'L AGGREGATE LIMIT APPLIES P, POLICY PRO X LOC PRODUCTS - COMP/OP AGG $Z O O O O O O AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) b ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Pen Person) b HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (ParODD accident) b PROPERTY DAMAGE (Per accident) b GARAGE LIABILITY AUTO ONLY - EA ACCIDENT b OTHER THAN SA ACC b ANY AUTO 6 AUTO ONLY, AGG EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE 6 OCCUR CLAIMS MADE b 6 DEDUCTIBLE b RETENTION 6 WORKERS COMPENSATION AND NC STATU- OTH- EMPLOYERS' LIABILITYDRY E.L. EACH ACCIDENT 6 E.L. DISEASE - EA EMPLO E B.L. DISEASE - POLICY L 6T OTHER DESCRIPTION OF OP®IATI ONS/IAGTIONB/VENI CLES/E%CLVSIWB ADDED BY ENOOABEMEUT/B PECIAL PROVISIONS Those usual to the Insured's Operations. City of Fort Collins Attn: Jim Hume PO Box 580 Fort Collins CO 80522 Aln.n ee c ULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THB IRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE (10 DAYS FOR NON-PAYMENT) TO THE CERTIFICAT DER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO IGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS O 0 ACORD CORPORATION 1988 rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, the sum of Forty-four Thousand, Six Hundred Nine Dollars and Fifty-five cents ($44.609.55), per pricing in Exhibit A, Scope of Work. 6. City Representative The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver 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 or cause of action arising out of performance of this Agreement. 10. Warranty Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for workof a similar nature. 11. 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 thereof. 12. 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 SA 10/97 2 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. 13. 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. 14. Indemnity/insurance a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "B", consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, 215 N Mason, 2nd Floor, Fort Collins, Colorado 80524 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 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. SA 10/97 3 ATTEST: CORPORATE SECRETARY SA 10/97 THE CITY OF FORT COLLINS, COLORADO By: Oirl 0 t Jamt)BO'Neill II, CPPO, FNIGP Direcf Purchasing & Risk Management DATE: b�lervo BLUE DOT SOLUTIONS, Inc. �� M c M— irk, President CORPORATE PRESIDENT OR VICE PRESIDENT Date: 0/ T9-0z (Corporate Seal) Exhibit A: Scope of Work Scope of Services A detailed Requirements Document that includes screen shots of the mobile application, detailed workflow, and field level definition, will be provided as an initial deliverable of the project. The requirements document shall be agreed to by both parties and will include a work schedule and the details of services, software and hardware as described below. Blue Dot will provide a mobile application built for the iPAQ 4350 and Symbol 8800, the gives the City of Fort Collins (COFC) the ability to have field maintenance personnel use a mobile device to review, update, and complete work orders, book labor to work orders, and create new work orders on the fly. 1. The work order application will have 5 sub -tabs- Info, Status, Instructions, Equipment, and Time 2. Blue Dot will provide functionality on the handheld that allows COFC to search for equipment via a hierarchal tree structure 3. Blue Dot will provide functionality on the mobile device that allows COFC to assign parts to equipment 4. For the one Symbol 8800 device, Blue Dot will provide the ability to conduct physical inventories/cycle counts on the mobile device. This data collection will capture basic information of Part #, Location, Qty. 5. The ability to synchronize through any means of connection. Batch, 802.11 b RF Wireless, and WAN Cellular technologies. The project will include 3 days of on -site implementation services. This will include general application setup and basic user training on the system. The mobile application will be delivered on Blue Dot's mNOW! Mobile infrastructure, which will provide COFC with a mobile platform for additional mobile applications in the future, even outside of JDE. The mobile application will be fully integrated with COFC's JD Edwards Enterprise Asset Management System software. Specifically, this synchronization will occur through Blue Dot's middleware mNOW! Mobile Server, which acts as the conduit between JD Edwards and the mobile device. Data will be extracted via an mNOW! initiated query that pulls relevant work order information from JD Edwards tables F4801, F4817 (Master Work Order Tables), Equipment Master Tables and P17714 (Work Order). Payroll tables as well as pertinent Address Book tables (F0101) will also be accessed. Project Payment Schedule 1. 25% - When Agreement is executed. Payable due upon receipt of invoice. 2. 25% - Acceptance of Requirements Document by City Project Manager. Payable due upon receipt of invoice. 3. 25% - Acceptance of BETA mobile application. Payable due upon receipt of invoice. 4. 25% - Upon Final Acceptance of mobile application functioning as specified in Blue Dot's proposal, this Agreement and the Requirements Document. Payable due upon receipt of invoice. SA 10/97 5 All hardware will be billed upon shipment from Manufacturer. Payment terms net 30. Pricing Project Software and Services Based on the scope of services outlined above, and pending final signoff on requirements from the COFC, Blue Dot proposed the following cost structure: Mobile Software and Services Package Includes: • MNOW! Mobile Server software and JD Edwards integrated mobile work order application • 5 mobile per device software license package • 1st year annual software support $ 37,500 • Fully packaged and integrated solution with JD Edwards Maintenance/EAM module • 3 day on -site installation, training services package, including training material Hardware Options Pricing BHP5550KITD HP iPAQ h5550 Kit- Integrated BlueTooth and $649.00 802.11 b Wireless, Intel 400 mhz X Scale per device processor, 64 MB SDRAM BSYM2800KITD Symbol Ruggedized 2800 BATCH Color Kit with $1804.50 integrate scanner per device BSYM2846KITD Symbol Ruggedized 2846 802.11b RF Color Kit $2074.50 with inte rated scanner per device BSYM8800KITD Symbol Ruggedized 8800 Batch Color Kit with $1950.00 integrate Scanner per device BSYM8846KITD Symbol Ruggedized 8846 802.11b RF Color Kit $2250.00 with inte rated scanner per device BZEBS600D Zebra S600 Thermal Transfer/Direct Thermal $1455.00 ** Barcode Label Printer w/ Ethernet Connectivity per device *Annual HW Support Plans available upon requested ** Exact label and ribbon size still TBD. These will be a required in order to print bar code labels. SA 10/97 6 Individual Pricing for the Future Blue Dot's current cost structure is as follows: Additional Per handheld device SW License for Mobile Application $490 + 19.5% annualsupp Year 2 Annual Support for base application and Pilot Program $2000 Preferred Daily -Services Rate as requested) $1250 Preferred Hour l Develo ment Rate as requested) $140 Hardware and SW per device License Volume Discounts for Future Purchases Volume discounts do not apply to iPAQ pricing because of rapidly changing models and the consumer nature of the market. Blue Dot ensures that prices for the hp iPAQs will not exceed the then current published list price for these devices. Volume discounts only applicable to mNOW! per device SW licensing and Symbol ruggedized hardware kit pricing. Support Model • Blue Dot's annual maintenance will provide the COFC with the following: • Unlimited access to Blue Dot's on-line incident tracking system for incident reporting, knowledge base access, and 24 X 7 status updates • Unlimited troubleshooting to the initial application and core product • Unlimited `Bug fixes" to the initial application development and to all core mNOW! framework functionality • Free upgrades on all new minor releases versions of the mNOW! framework. Minor releases are denoted by a decimal point revision. Major upgrades, denoted by an integer change, are subject to additional licensing costs. SA 10/97 7 Project Hardware Pricing Unit Fact Item Descri tion Cost Qty Cost HP iPAQ h4350 Kit- Integrated BlueTooth BD-HP4350Kit and 802.11 b Wireless, Intel 400 mhz X $ 550.00 5 $ 2,750.00 Scale processor, 64 MB SDRAM BD-FA117A HP iPAQ 4350 Expandable Soft Case $ 25.00 5 $ 125.00 Symbol Technologies 8846 RF Color Mobile Computer Kit (Includes main BD- device with RF, integrated scanner, color $ 2,250.00 1 $ 2,250.00 SYM8846CKit display, docking/charging station, main and spare battery pack, connection cable, holster,and all deployment services) BD-8846PG Pistol Grip Attachment for Symbol 8846 $ 249.00 1 $ 249.00 Total $ 5,374.00 BD-MNOWLic mNOW! Single Client License $ 490.00 1 $ 490.00 $ 490.00 Handheld Deployment Services (Includes Included in Included in Hardware device testing, software Kit price Kit price loading, battery charging, product kitting, above above and rollout packaging) BD- Blue Dot HP iPAQ h4350 1st year $ 175.00 5 $ 875.00 HP5550HWS Guaranteed 3-day Annual Support Plan BD- Blue Dot Symbol 8846 Color 1 st Year $ 275.00 SYM8846HWS Guaranteed 3-day Annual Support Plan 1 $ 275.00 BD MNOWSu Blue Dot mNOW! Software Support $ 490.00 19.50% $ 95.55 Total $ 1,245.55 Plus freight Total $ 7,109.55 Total Project Cost: Mobile Software and Services Package $ 37,500.00 Hardware 7,109.55 Total: $ 44,609.55 SA 10/97 Exhibit B: Insurance Requirements The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement" "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverage shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. SA 10/97 IN