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HomeMy WebLinkAboutC2015-189 - 4/30/2015 - NA f AMENDMENT NO.2 TO IT AGREEMENT For PROFESSIONAL SERVICES This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation,`CITY", acting through its duly authorized City Manager or designee("City Engineer"), and LMR Consulting dba EPM Live of Carlsbad,CA, ("CONSULTANT),which agree as follows: Original Contract $49,000.20 Administrative Approval December 21,2013 Amendment No. 1 $60,125.00 Ordinance No. 030078 February 11,2014 1. DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in connection with City's project,described as follows: Project Management Software(E13126)"Project". 2. SCOPE OF WORK. "CONSULTANT"shall provide services for the PROJECT in accordance with the accompanying Letters, Scope of Services, and Fee attached as"Exhibit A". Invoices to be submitted in accordance with Exhibit"C". 3. FEE. The "CITY" agrees to pay the "CONSULTANT" for services provided in accordance with Exhibit"A", Scope of Services, and Fee under this AGREEMENT, a total fee not to exceed'16.000.00, (in figures), (Sixteen Thousand Dollars and Zero Cents ) (in words) for a total revised fee not to exceed $125.125.70,(in figures), (Ont Hundred Twenty Five Thousand One Hundred Twenty Five Dollars and Twenty Cents)(In words) . 4. INDEMNIFICATION AND HOLD HARMLESS. The "CONSULTANT" agrees to indemnify, save harmless and defend the "CITY", and it's agents, servants, and employees as more fully set forth in "Exhibit A,Terms and Conditions.5.05-Indemnification". 5. OWNERSHIP OF DOCUMENTS. Al documents including contract documents (plans and specifications),record drawings,contractor's field data and subnittal data will be the sole property of the City and may not be used again by the NE without the express written consent of the Director of Capital Programs.However,the NE may use standard details that are not specific to this project. CITY • CO- " S 1 LMR CONSULTING dba EPM UVE ail l , AL ' . .-u---:1"----- - VIWic V: H.Gray, Joe id (Date) •• , . til ' Works ( ) General Manager-EPM Live 2382 Faraday, Suite 200 Carlsbad,CA 92008 (866)391-3700 Office (858)430-4894 Fax • jlarsaheidQuplandsofwrare.com RECOM dio r— �1c� i� (-- /2 H.Edmonds, P.E. (D te) Director of Capital Programs f,. 2015-189 4/30/15 LIONNNEERINa fl I3i2s-PROJECT MANAGINAENT SOFTVAREVANINONINIT NO.2NO.NACNONMENT-EPM uve LMR Consulting INDEXED , . , . "7 ,,...,. .; / 44)., k A Office of Mgmt and Budget Pete) * 0. AP OVED AS TO LE,/ FORM .,,Q, , j Z , - 4—/c./5 I Department (Date) ATTEST 17_52 +4_,---(4‹ r7 (i Rebecca Huerta, City Secretary (Date) Fund Name Accounting Unit Account Activity No. Amount No. Capital Programs Operating 5310-11150-011 5300000 $16.000.00 KIENGINEEA/IG DATAexcHANGEGLARIBBAAENGNEERING 111E13126-PROJECT MANAGIDADKI SOFPNAREVAIENOMENT NO.?'..O E T•EEM UVE AMENDMENT NO 2DOCX :• EPMLive ;viand 2382 Faraday,Suite 200,Carlsbad,CA 92008 Phone(866)391-3700 Fax(858)430-4894 October 30, 2014 Holly Houghton City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401-2825 Holly@cctexas.com This express agreement is for services related to the EPM Live implementation at City of Corpus Christi. The following table represents the services that will be provided. The services are further described in Exhibit A. Fees and Payment Terms: Hrly Requested Services Est Hrs Rate Cost Consulting and IT Support Services(Exhibit A) 80 hrs $200 $16,000 • Infor ERP Integration Total Cost $16,000 For questions or changes regarding this quote, please contact Manny Levy, Customer Success Manager, at imlevy(Wuplandsoftware.com.The above rates are guaranteed for only 30 working days after the date of this document and are subject to change thereafter. Travel and related expenses are not included in this estimate, and should they be required and approved, they will be invoiced at actual cost as incurred. Should travel and related expenses be required, they will be submitted to City of Corpus Christi by EPM Live for prior approval. EPM Live will perform the services on a Time and Material basis, at an hourly rate of$200.00 per hour, to be invoiced monthly after the hours are spent. All fees are due and payable upon receipt of invoice. Invoices not paid within 30 days are subject to penalties and withdrawal of resources. EPM Live shall not perform any Services relating to this Agreement totaling more than the amount specified herein without written approval by City of Corpus Christi,through the Change Control process described below. Available Payment Terms: • Credit Card: We accept VISA, MasterCard, American Express and Discover. • Purchase Orders: Place order by faxing a signed copy of this quote along with Purchase Order# to 858.430.4894. 1 . • www.epmlive.com 866.391.3700 EXHIBIT "A" Page 1 of 1 '} EPM Live upland 2382 Faraday,Suite 200,Carlsbad,CA 92008 Phone(866)391-3700 Fax(858)430-4894 Change Control: EPM Live considers change control to be a standard component of all engagements that we undertake. Change control includes changes to project scope and / or deliverables from the original project plan. Other project impacts, such as lost time due to emergencies, software errors in licensed software or unplanned absences of key personnel, can also effect the time required to complete the work and/or the quality of the deliverables. EPM Live has a formal change control process that uses a Change Order (CO) Express Services Agreement to document and authorize changes. Scope changes beyond the original services listed above will be presented first for authorization to estimate the impact (i.e., deliverables / schedule / cost) and then to authorize the agreed upon scope change along with the associated schedule and cost adjustment. Project impacts due to lost time or unavailability of key resources that may impact the project scope, schedule or deliverables will be documented for decision(s) when changes to original time/cost estimates may be warranted. A City of Corpus Christi signature is required on all CO Express Services Agreements. If a decision is made to approve a change, a definitive time/cost estimate will be determined and the project scope and timeline will be adjusted. Authorization: By signing herewith, City of Corpus Christi agrees to the terms and conditions as set forth in this agreement and fully authorizes EPM Live to invoice City of Corpus Christi as agreed above, not to exceed $16,000 for the consulting support services, plus any travel or other related expenses, unless first authorized in writing by City of Corpus Christi. Company: City of Corpus Christi Authorizing Signature Date PO Number Print Name and Title Phone Number Billing Address City State Zip Country Please email this page with proper authorization to: Manny Levy at jmlevy@uplandsoftware.com 2 I <. _ www.epmlive.com 866.391.3700 EXHIBIT"A" Page 1 of 2 • • SUPPLIER NUMBER PURCHASINGPVISION "`"'' CITY OF CORPUS CHRISTI City of DISCLOSURE OF INTEREST Chnsti City ofus Christi Ordinance 1711?,as amended,requires all persons or firms seekingto do business with the Ci�yy to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: al-4WD 5 or/k,/J t<G'/t'i l-I1.) P.O.BOX: STREET ADDRESS: s2A2 6}-4A.arty kue, Sit ° : (' LS'8etp (k ZIP: 9 Tt)r FIRM IS: U Partnership2. 0 3. Sole Owner ❑4. Corporation ciation S. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this or attach separate sheet. I. State the names of each employee" of the City of Corpus ge Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A EI�IBI'1'"B" P I of FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on anyCity official or that is distinguishable from the effect that the action will have on members of publtic in or a substantial thereof,you shall disclose that fact in a signed writing to the City offic- employee or body that has been requestedd, in I matter, unless the interest of the City official or loyee m the matter is apparent. The also be Trade in a signed writing filed with the City. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly sub withheld to disclosure City of f any Christi,information Trequested; xas dh; and that ges occur.supplemental statements will be Certifying Person: Title: DYACf 41 tie (Type or Man Signature of Certifying -A/ 7 Date: /24 ' /3/ DPenes: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time arttime basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial,and whether established to produce or deal with a product or service,including but not limited to,entities operated in the form of sole proprietorship,as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT"B" 2 of 2