HomeMy WebLinkAboutIT2003-0167 - Original - AMX International - JDE Software Project - 09/08/2003 i!
Lecords Mp! eme
KENT Document
WASHINGTON
II�
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact Mary Simmons, City
Clerks Office.
Vendor Name: A M X `rn�P�n���,�r� Vendor Number: -7-5
JD Edwards Number
Contract Number:
This is assigned by Mary Simmons
Description: Sow So&-�wa-c e- Cns(&A A-', n r, , , a I n a A s cAPRQy-L
Detail: So5-�-AWa<-a- 0 pis. G. aCA-
Project Name: -,7-'Q E Sc �-A-wa ro Pc n c o ,-+
Contract Effective Date: a 1 03 Termination Date: a ��i o y
Contract Renewal Notice (Days): y des
Number of days required notice for termination or renewal or amendment
Contract Manager: Ao VAr%o-u,acLL--A- Department: 13�:4�
Abstract:
S Public\RecordsManagement\forms\ContractCover\ADCL7832 07/02
AAMX
management & information technology consultants
international
September 2, 2003
Ms. Sue Lester
City of Kent CONSULTING ENGAGEMENT LETTER
220 4th Avenue
Kent, WA 98032
Dear Ms. Lester:
Based on discussions regarding your organization's need for consulting services from AMX
International, this letter will serve as the Consulting Engagement Letter referred to in the AMX
Agreement for Professional Services. This Consulting Engagement Letter applies only to the Scope of
Work set forth in this letter. Additional work must be authorized and agreed to in a separate
Consulting Engagement Letter applicable to that work.
Scope of Work
AMX International will assist City of Kent, Washington with application and/or technical support as it
relates to the following J.D. Edwards Software on an as needed basis. In order to provide AMX
International time to secure and schedule qualified consulting resource(s) to match the skill set
required for the specific engagement, City of Kent, Washington agrees to provide reasonable notice
to AMX International management when a need for software support arises.
■ J.D. Edwards OneWorld Application Consulting
■ J.D. Edwards OneWorld Technical Upgrade, Interface and Conversion Issues
■ Additional services as requested
Time Period
The time period during which the scope of work will be performed is scheduled to take place
September 2003 through December 2004. The total costs associated for this time period will not
exceed $20,000. If a new Consulting Engagement Letter stating new date ranges for rates is not
approved and signed at the time this letter expires, the rates listed herein will remain in effect until
a new Consulting Engagement Letter is signed. This Consulting Engagement Letter serves as an
Attachment to the Standard Contract which itself is standing and effective even when this Consulting
Engagement Letter expires.
Staffing
Natalie Hess as the Area Manager assigned to your account, will provide and supply support from
AMX application and/or technical staff for services to be requested by City of Kent, Washington.
Corporate Headquarters P.O.Box 50308•Idaho Falls,ID 83405•p: 208.523.3671•f:208.523.3683•www.amxinc.com
Rev.1(06/01/01)
Page 2
Consulting Engagement Letter
City of Kent,wastungton
August 22,2003
Schedule of Consulting Fees and Reimbursable Expenses
Area Manager/Project Manager $140.00
Industry Specialist $140.00
Applications/Technical Consultant $140.00
Advanced CNC Technical Consultant $140.00
Expenses incurred by AMX personnel, whether for consulting or training, shall be charged to City of
Kent, Washington as follows:
• Local travel,incidental expenses,and meal per diem per IRS guidelines(currently$50.00).
• 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.
Thank you for this opportunity to be of service to City of Kent, Washington. We look forward to
assisting you with your consulting needs.
Please call Natalie Hess at 1-208-542-8215 if you have any questions regarding our approach or if
we can be of service to you in any other way. When this document is approved, please return one
fully executed copy to AMX International, 200 S. Woodruff Avenue, Idaho Falls, ID 83401.
Sincerely,
Natalie J. Hess
Area Manager
Accepted and agreed to:
AMX INTERNA NAL OF N , ASHINGTO
By: _ By:
Title: Pi,�S id C414 Tide:
Date: 213 6003 Date: //���
V
AAMX
management & information technology consultants
i n t e r n a t i o n a l
AGREEMENT FOR PROFESSIONAL SERVICES
Client:
CITY OF KENT, WASHINGTON AMX INTERNATIONAL
220 4ti'Avenue 200 S. Woodruff Avenue
Kent,WA 98032 P.O. Box 50308
Idaho Falls,ID 83405
Date: September 2, 2003
1. Terms of Engagement. AMX provides software 6. Limitations. Due to the unpredictability of work
and other computer consulting, support, and training. associated with computer and software services, AMX
If Client, from time to time, requests such services and will not be held strictly to estimates of time or cost of
if AMX by separate Consulting Engagement Letter performance. Client acknowledges that all AMX billing
agrees to provide those services, the terms and will be based on actual consulting time and not on
conditions in this agreement will apply to those estimates. AMX cannot guarantee that a specific
services. This agreement shall apply to all service consultant will be available or used.
requests accepted by AMX after the date this
a AMX will not be liable for any lost profits, incidental,
agreement is signed and until it is terminated upon 30
days written notice sent by one party to the other. indirect, special, punitive, exemplary, or consequential
damages.
2. Standards of Performance. AMX will use its best THIS AGREEMENT IS FOR SERVICES AND IS NOT A
efforts to provide Client with employees and/or SALE OF GOODS. EXCEPT AS EXPRESSLY SET FORTH
contractors who will perform assigned tasks in a IN THIS AGREEMENT, THERE ARE NO OTHER
professional and workmanlike manner. WARRANTIES, EXPRESSED OR IMPLIED. THE IMPLIED
3. Fees. All billings of AMX services are based on time WARRANTIES OF MERCHANTABILITY, OR FITNESS
and materials. Client will pay AMX for services FOR A PARTICULAR PURPOSE, OR THAT THE
performed according to the Schedule for Consulting PROGRAMMING WILL EXECUTE ERROR FREE ARE
Fees and Reimbursable Expenses set forth in the EXPRESSLY DISCLAIMED.
Consulting Engagement Letter. AMX has the right to Given the nature of services performed, Client has the
increase consulting fees set forth in the Consulting proximate opportunity and the responsibility to inform
Engagement Letter in January and July of each year AMX of any deficiencies in the work and/or satisfaction
upon a 30-day notice to Client. All other changes in the issues, or any other questions or issues. For this
fee schedule must be agreed to by Client. Consulting reason, Client will have 45 days from invoice date to
fees set forth in the Consulting Engagement Letter will notify AMX of any dispute or issue. Thereafter, the
remain In effect through December 2004. invoice will be considered non-disputable. Such notice
4. Time Calculations. Clients are billed for a shall provide sufficient detail so as to allow AMX to
minimum of 4 hours, and 8 hours for any workday with duplicate the error. AMX shall, at no additional charge,
hours in excess of 4. Time in excess of 8 hours per day correct such error or provide a mutually acceptable
is charged without an overtime premium. Start time, plan for correction within sixty (60) days following the
lunch, and end of day times are jointly determined by receipt of Client's notice by AMX. Should AMX fail to
the Client and AMX. provide a timely correction or mutually acceptable
5. Payment. All fees and expenses will be set forth in plan, Client's sole and exclusive remedy shall be an
a weekly invoice. Each invoice is due and payable 30 equitable adjustment to the service fees paid,
days after receipt. If not timely paid, interest at 1.0% 7. Employee recruitment. AMX and Client will each
per month compounded will be due from the date of refrain from engaging (as an employee, contractor,
the invoice to the date of payment. If collection efforts consultant, or owner) any employee of the other for a
are required, Client shall pay reasonable attorneys fees period of one year following the employee's date of
and costs AMX Incurred in pursuing the collection. last service performed for Client or AMX. Should either
party violate this paragraph, the violating party will pay
AMX International,Inc. Agreement for Professional Services Page 1 of 2
Rev.4(02/11/03)
w -
to the other an amount equal to 50% of that Any other information that derives independent
employee's annualized compensation. economic value, actual or potential, from not being
8. Mutual Nondisclosure. Each party may, from generally known to, and not being readily ascertainable
time to time, furnish the other party with Confidential by proper means by, other persons who can obtain
Information. To the extent allowed by law, neither economic value from its disclosure or use and is the
party will disclose or use the Confidential Information subject of efforts that are reasonable under the
of the other without the prior written consent of the circumstances to maintain its secrecy.
other party. Each party will take reasonable steps to ■ Confidential Information does not include
insure that the Confidential Information of the other is information that has entered the public domain
not disclosed to any person other than employees of through no fault of Recipient or was independently
the party who have a need to know. Each party will developed by Recipient prior to the signing of this
indemnify the other against any damages to the other agreement.
arising from unauthorized access to or use of the
9. Remedies. The parties declare it is impossible to
Confidential Information of the other.
measure in money the damages that will accrue to
Confidential Information: Includes the following types either party by reason of the failure of either to
of information: perform the obligations under paragraphs 7 and 8 of
■ Actual and planned performance techniques, this Agreement. The parties acknowledge the remedies
methods, functions, modules and algorithms used, or at law for any breach of those provisions will be
to be used, by either party; inadequate, and that in addition to damages, each
party shall be entitled to injunctive relief. In any action
■ Computer installation and customization solutions to enforce those provisions, each party waives the
and targets developed by either party; right to claim it has an adequate remedy at law. The
■ Methods and techniques developed by either remedies provided in this agreement in the event of
party that are specific to that party or anyone with breach shall be cumulative. Either party s pursuit of
whom that party does business. any one remedy shall not preclude it from seeking
enforcement of any other remedy available to it under
■ Methods and techniques of either party for this Agreement or by law.
providing training and technical support or installation 10. Miscellaneous. The relationship of AMX is that of
of software; an independent contractor. AMX shall be solely
■ Software source code, design, algorithms, and responsible for all employee benefits, COBRA
documentation generated by either party; compliance, withholding, payroll taxes, workers
■ Efficiency audits of computer system usage; and compensation and unemployment benefits.
AMX INTERNATIONAL, INC. F NT,WASHINGTON
By: By:
Printed me: -- Va!4�_// PrtCr- Prin ame:
Title: r rinr6S�1 t Title: G ✓
Date: 9�3/,-w 3 Date: G3
AMX 1nterrw&)a,Inc. Agreement for Professional Sw4im Page 2 of 2
Rev.4(02/11/03)