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HomeMy WebLinkAboutAMX INTERNATIONAL - CONTRACT - CONTRACT - MARCE AHRENBERGPROFESSIONAL SERVICES AGREEMENT 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, 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: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of three (3) page[s], and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within thirty (30) days following execution of this Agreement. Services shall be completed no later than April 30, 2005. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 3. Early Termination by City 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 addresses: Professional: City: With Copy to: Marce Ahrenberg Curt Miller 2134 Spruce Avenue 300 LaPorte Avenue Clovis, CA 93611 Fort Collins CO 80522 Professional Services Agreement —January, 2005 1 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. 4. Design, Project Indemnity 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 attorneys 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 $100,000. 5. Compensation. [Option 1 ] Inconsideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: 150.00 Reimbursable direct costs: 3,000.00 with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed thirty -thousand dollars($30,000). Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing Professional Services Agreement —January, 2005 2 the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. 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 property of the City 6. 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. 7. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, 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. 8. 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 forthe payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 9. 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. 10. 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 Professional Services Agreement —January, 2005 3 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. 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. 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 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, togetherwith 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. 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. Professional Services Agreement —January, 2005 4 15. Special Provisions. [Optional] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "A", consisting of three (3) page[s], attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By: o "'"• ` J es B. O'Neill II, CPPO, FNIGP e Direct f Purchasing & Risk Management .1 .. - ' DATE: 2. 11IO ATM City Clerk APPROVE-D-A� i O FORM: L1l! .;.r2"ho Assistant City Attorney AMX Inte71Z By: A dy Ma Kay CTO Date: /A ATTEST: `%"t,.e ' !/, /&,"K Corporate Secretary Professional Services Agreement —January, 2005 5 uurur OAq orpoFate'e El) SEAL Exhibit A Scope of Work Evaluation of the EnterpriseOne Xe Financial System Implementation Assessment of Future Development for ERP The City of Fort Collins is seeking professional services for conducting a status assessment; a needs survey and providing recommendations on strategic directions for the future development of the City's financial and enterprise resource management systems. Scope of Work Develop and Implement Project Methodology Develop a project methodology that allows collaboration between the consultant and the City to control direct project costs, while allowing a comprehensive review and the development of viable future development strategies for ERP/Financial Management system. The City has formed a project team and an advisory team to support the work of the assessments. ■ Establish project communication plan. Status Report Complete an inventory of financial and enterprise resource planning related systems and processes; document and evaluate currently implemented EnterpriseOne Xe functionality This includes, but is not limited to: ■ Review current EnterpriseOne Xe business applications/functionality ■ Review third -party "bolt -on" applications that are used to extend the current business system functionality. ■ Review modifications to the EnterpriseOne Xe environment ■ Review interfaces to and/or from other systems. ■ Review tools or utilities used to manage the applications, extract data from an application, and/or feed data to business systems ■ Review hardware and database technology used to support EnterpriseOne Xe. ■ Review current organizational management of EnterpriseOne Xe ■ Overview of resources allocated to support EnterpriseOne Xe. ■ Overview of future PeopleSoft EnterpriseOne functionality. ■ Provide "lessons learned" type of assessment for future initiatives. Needs Assessment Assess needs in organization for financial and enterprise resource planning applications. This includes, but is not limited to: ■ Identify City departmental finance and enterprise resource planning needs that are not currently addressed with the EnterpriseOne solution. ■ Identify City departmental needs that are underserved by the current EnterpriseOne solution. ■ Review outstanding deliverables and implementation timeline on the EnterpriseOne Xe Financial System.. Gap Analysis and Strategic Recommendations Analyze gaps and recommend strategies on ERP utilization (when to use ERP and when to select best of breed with interface. Specifically, in a first step, the gaps between the Status Report and the Needs Assessment are identified by comparing the two. The next step then identifies how the gaps can be filled. In more detail, to identify the best solution for each gap, a variety of options are considered and presented in a matrix: • Business systems that will fill the gap o Functionality available in current or new releases of existing business systems o Functionality required that cannot be delivered by current business systems. o Existing functionality that will be eliminated • Modifications that will fill the gap o Existing modifications that should continue to be supported o New modifications that will be required or existing modifications that need to be updated o Existing modifications that can be eliminated • Tools that will fill the gap o Existing tools that can be used to fill business system gaps o New tools that will be required to address business system requirements o Existing tools that can be eliminated Deliverables Oral Presentation of Preliminary Findings - Question and Answer Workshop The consultant shall give a presentation to the project sponsors, teams and other interested parties that will: • Present findings from status report and organizational needs assessment. • Recommend more desirable use of EnterpriseOne: outline criteria for evaluating expansion requests. • What services should be acquired outside of the ERP; outline criteria for evaluating those choices. Written Report The consultant shall provide the City with a written report that at a minimum includes the following: ■ Assessment of current implementation status. ■ Assessment of current system capabilities compared to implementation status ■ Overview of needs in the organization. ■ Assessment of how these needs could be met within the EnterpriseOne solution. ■ Assessment of how other solutions could or should be integrated. ■ Evaluation criteria for best of breed with middleware vs. ERP module. ■ Strategies on how to proceed. Timeline It is anticipated, that the work will begin in early February 2005 and will be completed by March 12, 2005, after which time the written report will be presented.