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HomeMy WebLinkAboutAMX INTERNATIONAL INC & DENOVO LLC - CONTRACT - RFP - 7310 JD EDWARDS ENTERPRISEONE MANAGED SERVICEPROFESSIONAL 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 Ventures, LLC, 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 7310 JD Edwards EnterpriseOne Managed Services, to include Applications and CNC 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, 2012, and shall continue in full force and effect until February 28, 2013, 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 Professional Services Agreement — Work Order Type 7310 JD Edwards EnterpriseOne Manage Service Page 1 of 13 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. The City of Fort Collins is seeking professional support services for the maintenance and enhancement of the City's JD Edwards EnterpriseOne application. The application has been used by the organization for over 10 years and initially implemented modules over a period of years. The City of Fort Collins is on Oracle Premier Support for JD Edwards EnterpriseOne and will continue to be. At this time, the City plans to implement no new functional modules of JD Edwards EnterpriseOne, but rather will need to maintain and enhance certain functionality. The City may consider implementing LDAP authentication for JD Edwards EnterpriseOne with Active Directory. The City is looking for a single vendor and more specifically, a dedicated CNC professional, to provide the following ongoing CNC administrative services. Contract award does not guarantee any minimum amount of dollars or hours for any of the vendors selected. However, the City does estimate that the CNC administrative services will require on average 20 hours a month. The City will award one (1) Professional Services Work Order Agreement for CNC work that includes the following: • Tools upgrades • Full builds • ESUs • Major upgrades • Vertex Maintenance • Other CNC duties as required Additionally, the City is looking for two vendors to provide the following as -needed consulting services. The highest -ranked proposer will serve as the primary contractor and the second - highest ranked proposer will serve as the secondary (backup) 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 primary contractor regarding the specifics of the need. If the primary contractor is unable to meet that need with sufficient qualified resources in the time frame required, the secondary contractor would be contacted. If neither contractor is able to meet the need, other contractors would be contacted. The City will award two (2) Professional Services Work Order Agreements for Applications work that will include the following: • Development services such as business functions, business services, enterprise report writing, and BI Publisher form development; • Functional consulting for any or all of the modules referenced in Section 4.5 to assist staff on in-house projects or troubleshooting when they need short term additional assistance. • Other Applications duties as required. Scope of Services Process When the City identifies a specific scope of work to be completed under this contract; a written Professional Services Agreement — Work Order Type 7310 JD Edwards EnterpriseOne Manage Service Page 10 of 13 detailed Work Order for the project/task will be created between the Vendor and City staff. This scope of work will include an agreed upon fixed number of hours to perform the scope of services, a detailed description of those services, and any other necessary information. The vendor, or vendors selected, will be able to work remotely through a VPN connection, and therefore, travel should not be required. If the vendor determines that travel is required, the hourly rate quoted for services should be inclusive of travel expenses. TECHNICAL ARCHITECTURE This section documents the environment of the JD Edwards EnterpriseOne Application. JD Edwards EnterpriseOne The City of Fort Collins is currently operating JD Edwards Enterprise0ne version 9.0 update 1. The tools are in version 8.98.4.1; WebLogic is the application server. Environments and Users The City of Fort Collins currently has the following JD Edwards EnterpriseOne 9.0 environments: • PD900 Production • PY900 Prototype • DV900 Development • PS900 Pristine • JPD900 Web Production • JPY900 Web Prototype • JDV900 Web Development The City of Fort Collins currently has approximately 2200 users of the JD Edwards EnterpriseOne application. Servers and Operating System The JD Edwards EnterpriseOne server environment is a mix of physical and virtual servers. The virtual servers are in a VMware environment. All servers are Windows operating systems. Database The database used with JD Edwards EnterpriseOne production environment is Oracle 10g. Note thatthe development environment utilizes Oracle 11g. The JD Edwards Enterprise0ne production environment will be upgraded to Oracle 11g during 2012. EnterpriseOne Modules The following JD Edwards EnterpriseOne Modules are currently in use at the City. Note that this list includes the major modules in use and is not all inclusive. Foundation Applications • Address Book • Job Scheduler • BI Publisher Professional Services Agreement — Work Order Type 7310 JD Edwards Enterprise0ne Manage Service Page 11 of 13 Financial Applications • General Ledger • Supplier Master • Accounts Payable • Accounts Receivable • Purchasing • Fixed Assets Payroll Applications • Employee and Manager Self Service • Time Entry • Payroll Processing • Direct Deposit Human Resources Applications • Employee Master • Employee Supplemental Data • Employee History • Emergency Contacts • Occupational Pay Rates • Job Master • Labor Distribution • Requisitions • Applicant Master • Position Control • Benefits • Dependents • Open Enrollment • Batch Enrollment • FMLA Tracking • Organizational Charts • Future Data Revisions In addition, the City of Fort Collins allows other Public Agencies the opportunity to purchase off the Award for this Bid, at the option of the Awarded Vendor(s). Other public agencies that are members of the Colorado Multiple Assembly of Procurement Officials (MAPO) cooperative purchasing group that are JD Edwards users and have indicated a desire to participate in any resulting awards as a potential cooperative user include but are not limited to: Jefferson County, Colorado City of Thornton, Colorado Professional Services Agreement — Work Order Type 7310 JD Edwards EnterpriseOne Manage Service Page 12 of 13 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. 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 two 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 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: AMX International (JDE Application Consulting, CNC Consulting) Secondary Contractor: Denovo, LLC (JDE Application Consulting only) Professional Services Agreement — Work Order Type 7310 JD Edwards EnterpriseOne Manage Service Page 13 of 13 Aeil CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDYVVY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Tech Serve Alliance Services Corp. 1420 King Street; Suite 610 Alexandria, VA 22314 CONTACT NAME: PHONE AC No : 703,997,7727 EMAIL ADDRESS: INSURER $ AFFORDING COVERAGE NAIC N INSURERA: www.techservealliance.org INSURED Denovo Ventures, LLC. INSURER B:The Hartford Insurance Nakoma Group,LLC. INSURER C: INSURER D: 28202 Cabot oad Suite 300 Laguna Niguel CA 92677 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 12287186 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF INSURANCE ADDL SUB R POLICY NUMBER POLICY EFF IMMIDDMYYI POLICY EXP IMMIDDfYNYNILIMITS A GENERAL LIABILITY 711011900 5/1./2011 5/1/2012 EACH OCCURRENCE $ 1,000,000 ✓ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 12 OCCUR DAMAGE TO RENTED PREMISES Ea accunence $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL B ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY F7 PRO ECTLOD A AUTOMOBILE LIABILITY 711011900 5/1/2011 5/1/2012 EO BINEDaccidenISINGLE LIMIT $ 1000000 BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS ✓ BODILY INJURY (Per accident) $ NON -OWNED HIREDAUTOS ✓ AUTOS ✓ PROPERTY DAMAGE PPraccident $ $ $ A ✓ UMBRELLALIAB 7 OCCUR 711011900 5/1/2011 5/1/2012 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAR CLAIMS MADE ✓ DIED RETENTION$ 10,000 $ 8 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? N/A WC STATU- OTH- TORY LIMITS ER EL EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) If yes, describe under EL.DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS below I A B E&O Claims Made 31d Party Crime-Nakoma Group LLC 711011900 OOTP022315410 5/1/2011 511/21111 5/1/2012 5/11/2012 $5,000,000 Ea Claim/Aggregate 11,000.000 31d Blanket . B 2 Blanket DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) City of Fort Collins is an additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY,OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Collins, Purchasing Division THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ed Bonnette, C.P.M., CPPB, Buyer ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 580 215 North Mason AUTHORIZED REPRESENTATIVE Fort Collins CO 80522 Mark B. Roberts ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD IERT NO.: 12287186 CLIENT CODE: NA100GRO-02 Rebecca Brayton 1/30/2012 9:56:27 AN Page 1 of 1 used as a guide. Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to contract end. 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 Ventures, LLC City of Fort Collins City of Fort Collins 6328 Monarch Park Place Attn: Jamie Heckman, Attn: Purchasing Niwot, CO 80503 ERP Program Manager PO Box 580 Attn: Mark C. Goedde, President PO Box 580 Fort Collins, CO 80522 MGoedde denovo-us.com 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 forthe 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 Professional Services Agreement — Work Order Type 7310 JD Edwards EnterpriseOne Manage Service Page 2 of 13 and errors and omissions insurance in the amount of NA. 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. Proiect Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the owner in and AutoCAD version no older then the established city standard. 10. Monthly Report. Commencing thirty (30) days after 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 Professional Services Agreement — Work Order Type 7310 JD Edwards EnterpriseOne Manage Service Page 3 of 13 option of the City, suspend the processing of any partial payment request. it. 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. 12. 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. 13. 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. 14. 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. 15. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period often (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. Professional Services Agreement —Work Order Type 7310 JD Edwards EnterpriseOne Manage Service Page 4 of 13 16. 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. 17. 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. 18. Prohibition Against Emolovina Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify 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 "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional Professional Services Agreement — Work Order Type 7310 JD Edwards EnterpriseOne Manage Service Page 5 of 13 has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 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 Professional 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. e. Professional 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. f. If Professional 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, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 19. 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. Professional Services Agreement — Work Order Type 7310 JD Edwards EnterpriseOne Manage Service Page 6 of 13 THE CITY OF FORT COLLINS, COLORADO By: ames/B. O'Neill II, CPPO, FNIGP D°rector of Purchhasi g & Risk Management Date: 13717 Denovo in Title: //Ze5 i/Jeiv i CORPORATT PRI'SIDENT OR VICE PRESIDENT Date: //J 6 /d ATTEP�;� /h ' (Corporate Seal) Corporate Secretary ``\1NtuilH/r�7j � . i� ®� 0TII 4Bpi wabwt� Seal b Professional Services Agreement — Work Order Type 7310 JD Edwards EnterpriseOne Manage Service Page 7 of 13 EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND 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: User 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. The attached forms consisting of _ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. Professional in City of Fort Collins By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management (over $60,000.00) Date: Professional Services Agreement — Work Order Type 7310 JD Edwards EnterpriseOne Manage Service Page 8 of 13 EXHIBIT B RATE SCHEDULE Project Role Remote Services Hourly Rate Onsite Services Hourly Rate Senior JD Edwards Financials Consultant $155.00 $185.00 Senior JD Edwards Human Capital Management Consultant $165.00 $195.00 Senior JD Edwards Distribution Consultant $155.00 $185.00 Other Senior JD Edwards Functional Consultants $155.00 $185.00 Senior CNGTechnical Consultant $150.00 $180.00 Senior JD Edwards Development Consultant $140.00 $170.00 There is no additional charge for off -hours support; the normal billable rates listed above will apply. Denovo is pleased to provide the following competitively -priced consultant hourly rates inclusive of travel expense for onsite services. Professional Services Agreement — Work Order Type 7310 JD Edwards EnterpriseOne Manage Service Page 9 of 13