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2001-461 ORDIN CENO/ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AU- THORIZING THE MAYOR OR CITY MANAGER TO EXECUTE THE ATTACHED PRO- FESSIONAL SERVICES AGREEMENT FOR SOFTWARE POST-IMPLEMENTATION SUPPORT, BETWEEN THE CITY OF DENTON, TEXAS AND ACCESS TECHNOLOGIES, INC, TO BE PAID FROM PREVIOUSLY BUDGETED FUNDS IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY-SIX THOUSAND SIX HUNDRED AND FIFTY DOL- LARS ($256,650 00), AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the attached agreement calls for the professional services of a certified pub- lie accounting firm to perform software post-Implementation support and services, and WHEREAS, based upon an investigation and report performed by the City Staff, it ap- pears to that the price structure for these professional services fees is fair and reasonable, that at ~s consistent w~th, and not higher than, the recommended practices and fees published by the ap- placable professmnal assoclatton, and WHEREAS, based upon that same Staff report, it appears that, among professional ser- vices firms provxdmg such services, the professional services firm IS the best qualified, based upon their demonstrated competence and qualifications, WHEREAS, as a result of the fact that Access Technologies, Inc previously provided services in implementing this software, the same smd company as uniquely qualified to provide postqmplementatton support, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the C~ty Council hereby authonzes the CaW Manager to execute the attached professional services agreement between the City of Denton and Access Technologies, Inc, for software ~mplementataon and support, substantially an the form of the attached docu- ments, and further anthonzes the expenditure of previously budgeted funds in an amount not to exceed two hundred fifty-six thousand slx hundred and fifty dollars ($256,650 00) for that pur- pose SECTION II That th~s ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED th,s the j~ day o f 10-/./7.~ff~h. 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL O HERBERT L PROUTY, CITY ATTORNEY Page 2 STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR SOFTWARE IMPLEMENTATION Th~s Professional Services Agreement ("Agreement") ~s made and entered ~nto as of December 1, 2001 ("Effecbve Date") by and between City of Denton, TX ("Client"), a Texas Municipal corporabon, w~th ~ts pnnc~pal place of bus~ness located at 601 E H~ckory, Suite A, Denton, TX 76205 and Access Technologies, Inc ("Consultant"), a Cahfornla corporation employing certified public accountants and computer professionals, w~th ~ts pnnc~pal place of bus~ness located at 11608 McDougall, Tusbn, Cahforma 92782 WHEREAS, Chent is a municipal corporation that wants to ~mplement the JDEdwards software suite described ~n Exhibit B, by ubl~zmg h~stoncal and future data ~n order to successfully achieve the cntena set forth ~n Exhibit C, ~n a fashion that maximizes efficiency and ease-of-use to the end user, and, WHEREAS, Consultant provides the professional judgment and expertise of accountants and computer professionals to provide adwce and assistance w~th respect to the post implementat~on support of the JDEdwards suite of computer software and computer systems described ~n Exhibit B WHEREAS, Client desires to engage the services of Consultant and Consultant agrees to accept sLlch engagement all on the terms and cond~bons set forth below Terms and Cond,tions NOW THEREFORE, ~n consideration of the mutual promises and covenants hereinafter set forth, Client and Consultant agree as follows 1 Engagement Client hereby engages the services of Consultant, and Consultant agrees to prowde to Client those professional services ("Professional Services") as described ~n paragraph 4 and more specifically as defined ~n any Professional Service Agreement Addendum(s) ("Addendums") that may hereinafter entered ~nto ~n wnbng by and between the part~es and ~ncorporated herein by reference Client acknowledges and agrees that Consultant may engage the services of subcontractors, consultants, ent[t~es and other agents ("Consultant Personnel") to perform the Professional Services hereunder, under Consultant's superwsion 2 Term and Termination 2 1 Term The ~n~t~al term of th~s Agreement shall be for a penod of twelve (12) months, commencing on the Effecbve Date ("Term") The Term shall automabcally be Professional Services Agreement - City of Denton, TX page 2 of 11 renewed for successive twelve (12) month penods, unless terminated ~n accordance w~th Section 2 2 below T~me ;s of the essence ~n th~s Agreement Consultant shall make all reasonable efforts to complete the services set forth here~n as exped~bously as possible and to meet the schedule estabhshed and agreed upon ~n wr;tmg by Consultant and Client, acbng through ~ts C~ty Manager or h~s designate 2 2 Termination a) Th~s Agreement may be terminated at any bme by e~ther party upon a material breach by the other party of any of ~ts obhgat~ons under th~s Agreement, and which breach continues for a period of thirty (30) days following receipt of wntten nobce of breach If the breach ~s cured w~th~n thirty (30) days following receipt of not~ce of the breach, th;s Agreement shall conbnue ~n full rome and effect b) Th~s, Agreement may be term;nated at any brae w~thout cause by e~ther party upon thirty (30) days' written nobce to the other party In the event e~ther party terminates this Agreement w~th or w~thout cause, Consultant shall ~mmed;ately cease all serv;ces and shall render a final b~il for services to Chent w~th~n thirty (30) days after the date of termination Chent shall pay Consultant for all serwces rendered and satisfactorily performed, as reasonably determined by Chent, and for reimbursable expenses, to termination recurred pnor to the date of termination, whether or not they have been reperted, pursuant to Section 3 5 below Should Chent subsequently contract w;th a new contractor for the cont~nuabon of services on the Project, Consultant shall cooperate m prowd~ng ~nformabon Consultant shall turn over all documents prepared or furmshed by Consultant pursuant to th~s Agreement to Chent on or before the date of term~nabon, but may maintain cop~es of such documents for ~ts use The termmabon of a Professional Serwce Agreement Addendum ~n no event terminates th~s Agreement 3 Consulting Fees 3 1 te~J~L~J:~at~on Dunng the Term, Chent shall pay Consultant for work performed according to the staffing and rates specified ~n the Addendums for the specific Professional Services rendered 3 2 Comoensabon for Travel Excenses Wh~le Consultant will use ~ts best efforts to reasonably minimize travel related expenses, Chent agrees to reimburse Consultant for the following ~tems · A~rfare, lodging, breakfast, lunch and d~nner, rental cars, and reasonable phone charges while Consultant Personnel are away from home A~rfare reimbursement shall not exceed to the cost of round-trip coach class a~ffare from Orange County, Cahforma to D/FW A~rport or Dallas Love F~eld Meal reimbursement shall not exceed $30 per day per person, w~th receipts Hotel reimbursement shall not exceed $110 per n~ght, plus apphcable taxes Rental vehicle reimbursement shall not exceed $39 00 per day, plus gasohne · Mileage, at 34 5 cents per mile, dnven by Consultant Personnel in their own cars to and from the job s~te, or a~rport Professlenal Servmes Agreement - C,ty of Denton, TX page 3 of 11 3 3 Compensation for Remote Access Connect T~me In an effort to avoid the cost of travel, Consultant w~ll endeavor to utlhze its technical Consultant Personnel ~n ~ts faclht~es In order to work efficiently, Consultant Personnel may have to electronically access Ghent's computer system from Consultant's fac~hbes The actual charges for this connect time w~ll be payable by Client pursuant to Section 3 6 below 3 4 T~rne Accountlno Reports Consultant Personnel shall prepare and present detailed Actw~ty Summaries and summanzed time accounting reports to Ghent on a weekly bas~s ("Period") for all Professional Services performed dunng the preceding Period If Chent d~sagrees w~th any amounts or figures on the time accounting reports, Chent shall promptly not~fy Consultant ~n writing setting forth the d~sputed amounts and figures and the reason therefor Upon receipt, Consultant has ten (10) working days to provide a written response to Chent justifying and/or otherwise explalmng the amounts and/or figures Any d~sputed amounts and/or figures shall not reheve Ghent of ~ts obhgat~on to pay Consultant for all other amounts owing under the Agreement and/or Addendum 3 5 Invoicing for Services Consultant shall prepare and present ~nvo~ces to Client on a weekly bas~s for all Professional Services work performed during the Penod Chent agrees to pay ~nvolces submitted by Consultant w~th~n thirty (30) calendar days of receipt Unpaid ~nvo~ces w~ll recur a finance charge on one-and-one-half percent (1-1/2%) per month Part~al payments to Consultant w~ll be made on the bas~s of detailed monthly statements rendered to and approved by Chent through ~ts C~ty Manager or h~s designate, however, under no c~rcumstances shall any monthly statement for services exceed the value of the work performed at the t~me a statement ~s rendered Client may w~thhold the final five percent (5%) of the contract amount until the Project has been completed at whmh t~me two and one-half (2 1/2%) percent of the retamage shall be released to Consultant The remaining two and one-half percent (2 1/2%) shall be released to Consultant upon the C~ty Manager or h~s designee accepbng the Project 3 6 Work Hours Consultant Personnel shall work w~th~n whatever reasonable schedule ~s required to prowde the Professional Services and complete the work related to th~s Agreement and any Addendums However, ~f Chent requires work to beg~n at the job s~te before 7 00 a m or to continue at the job site after 6 00 p m, or if Chent requires more than 50 hours be spent by any Consultant Personnel in any one-week penod, Client must present Consultant w~th wntten notme of any such requirement pnor to that requirement being enforced as a condition of sabsfactory performance Any required work hours shall ~nclude such hours Consultant completes from a remote s~te pursuant to Section 3 3 3 7 Nothing contained ~n this Article shall require Chent to pay for any work which ~s unsatisfactory, as reasonably determined by the C~ty Manager or h~s designee, or which ~s not submitted ~n compliance w~th the terms of th~s Agreement, prowded, however, Chent shall pay for all such work that ~s cured to the reasonable satisfaction of the City Manager or h~s designee or which ~s subsequently submitted pursuant to the terms of this Agreement If Consultant ~s ~n material default of th~s Agreement, Client shall not be required to make any payments to Consultant until such t~me that such default ~s cured 3 8 It is specifically understood and agreed that Consultant shall not be authorized to undertake any work pursuant to th~s Agreement which would require additional payments by Chent for any charge, expense, or reimbursement above the maximum not to exceed fee of Professiqnal Services Agreement - City of Denton, TX page 4 of 11 two hundred fifty-six thousand s~x hundred and fifty dollars ($256,650 00), without first hawng obtained written authonzabon from Client 3 9 Standard of Work Consultant shall perform the Professional Services w~th the degree of care, sk~ll and d~hgence currently observed by major Certified Pubhc Accounbng firms performing software ~mplementat~on of JDEdwards software, and shall use ~ts best efforts to complete each of ~ts projects m a t~mely manner Consultant w~ll exercise reasonable care and due d~hgence in d~scovenng and promptly reporting to Client any defects or deficiencies ~n the work of Consultant or any subcontractors or subconsultants 3 10 Approval by Client shall not constitute, nor be deemed a release of the responsibility and hability of Consultant, ~ts employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work, nor shall such approval be deemed to be an assumpbon of such respons~b~hty by Chent for any defect ~n the design or other work prepared by CONTRACTOR, ~ts employees, subcontractors, agents, and consultants ,prowded, however that approval by the Client shall be deemed acceptance and assumpbon of the Professional Services mnety (90) days after the date of complebon of such Professional Services 4 Description of Consultant's Professional Serv,ces Consultant shall prowde Professional Services at Chent's request pursuant to written Addendums which Professional Services may ~nclude the following acbwt;es as agreed upon by the part~es ~n wnt~ng 4 1 Apphcatlon support ~ncludmg modifications to the ex~stmg setup of JD Edwards' software as well as new setup of ex~stmg JD Edwards' software, training of Chent's staff, and documentation of the JD Edwards' software setup, 4 2 Techmcal support ~nclud~ng the ;nstallabon of new releases of JD Edwards' software, custom modifications or enhancements of ex~sbng JD Edwards' software, the development of new custom programs, and the development of techmcal specifications that describe the custom mod~flcabons to and enhancements of existing software as well as the development new custom programs, 4 3 ProJect management including the planmng, organizing and d~rect~ng of Consultant resources as required under the Professional Services, as well as regular reporting to the Client's regional and execubve management on ~ssues relevant to the Profess;onal Services prowded under th;s Agreement, 4 4 Analyzing Chent's bus~ness processes and needs relating to Client's ~nformat~on processing requirements and operating procedures, 4 5 Specifying and ~mplement~ng those modifications to Client's ex~stmg computer programs and systems that are necessary m order to effectwely and reasonably ;mplement the Professional Serv~cas, 4 6 Des~gmng and building new computer programs and systems that are necessary ~n order to effectively and reasonably ~mplement the Professional Services, Professional Services Agreement- C,ty of Denton, TX page 5 of 11 47 Creating and/or amending documentation relating to operabng procedures and to computer programs and systems that are necessary in order to effectively and reasonably ~mplement the Professional Services, 48 Training operating personnel to use the computer programs and system developed bylConsultant pursuant to th~s Agreement, 49 Pr0vld~ng continuing support to operabng personnel with respect to the ~mplementation and operation of computer programs and systems developed by Consultant pursuant to th~s Agreement, 410 Performing vanous other project management and professional consulting services related to mformat~on systems as such services are set forth and agreed upon m a written Addendum 5 Supplies and Facilities Chent's supphes (~nclud~ng but not hm~ted to, forms and stationery), equipment (including but not limited to, computers, photocopy machines, business machines, and typing fac;ht~es), and support staff w~ll be prowded to Consultant by Chent, and w~ll be used by Consultant's personnel for Chent's business only, at no cost to Consultant In add~bon, Chent will provide necessary working space and computer t~me to Consultant for the completion of Consultant's work under th~s Agreement 6 Independent Contractor Relationship a) Consultant shall act ~n the capacity of an ~ndependent contractor w~th respect to Chent Consultant shall not act as, nor represent ~tself as being, an agent of Chent, and shall not act as, nor represent ~tself as being authorized to comm;t Chent to any obhgat~on I b) As en ~ndependent contractor, Consultant shall take d~recbon from Chent related to the results to be achieved by Consultant dunng the term of this Agreement All such d~rection shall be consistent w~th the scope of servmes to be provided under th~s Agreement or any Addendum c) As an independent contractor, neither Consultant nor ~ts employees, agents, or contractors shall have the status of employees of Client or ~ts subsidiaries Neither Consultant nor ~ts employees shall be ehg~ble to partm~pate in any employee benefit, gre~Jp insurance, or executive compensabon plans or bonus programs offered to employees of Chent Chent shall not prowde social secunty, unemployment compensation ~nsurance, worker's compensabon ~nsurance, d~sab~hty insurance, or s~mllar coverage, nor any other statutory benefits of employment to Consultant d) Consultant shall comply w~th all apphcable State and Federal regulabons ~ncludlng but not,hmited to the filing of all required State and Federal income tax and other related taxes e) Consultant does hereby agree to waive all claims, release, mdemmfy, defend and hold harmless Chent and all of ~ts officials, officers, agents and employees, ~n both their public and private capacities, from any and all hab~hty, claims, suits, demands or causes of action which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property occasioned by error, omission or ne§hgent act of Consultant, its officers, agents, employees, ~nwtees or other persons Professional Services Agreement - City of Denton, TX page 6 of t t for whom Consultant ~s legally hable, w~th regard to the performance of th~s Contract, other than Chent's own neghgence, and Consultant w~ll, at ~ts own cost and expense, defend and protect Client from any and all such claims or demands f) Consultant shall ~ndemmfy, defend and hold harmless Chent from and against any claims, ~nclud~ng reasonable legal fees and expenses, based upon ~nfnngement of any Un~ted States copyright trademark or patent by the Software, as defined below, Chent agrees to not~fy Consultant of any such claim promptly ~n wnbng Chent agrees to cooperate fully w~th Consultant dunng such proceedings Consultant shall defend and settle at its sole expense all proceedings ans~ng out of the foregoing, ~ncludlng the procurement of suitable counsel for Chent's defense In the event of such ~nfnngement, Consultant may replace, ~n whole or ~n part, and at no cost to Chent, Softwarew~th a substanbally compatible and funcbonally equivalent computer program or modify Softwareto avoid the ~nfnngement g) Nothing ~n th~s Agreement shall be construed to create a hablhty to any person who ~s not a party to this Agreement, and nothing here~n shall waive any of the parbes' defenses, both at law or equity, to any claim, cause of action, or I~tlgatlon filed by anyone not a party to th~s Agreement, ~nclud~ng the defense of governmental ~mmumty, whmh defenses are hereby expressly reserved 7 Non-exclusivity of Sen/Ices Client acknowledges that Consultant may perform s~m~lar services for other chents or other businesses at any t~me dunng the term of th~s Agreement, and that the performance of such s~m~lar services shall not be deemed a breach of th~s Agreement or any Addendum hereto 8 Proprietary Rights, Confidentiality and Nond,sclosure 8 1 Generally In connection w~th providing the Professional Services, Consultant may wnte, design, develop, ~mplement and dehver to Chent certain work product dehverables ("Work Product") The Work Product may ~nclude, but shall not be hm~ted to, computer software and modifications, training manuals and enhancements thereto ("Software"), drawings, designs, specifications and reports All documents prepared or furnished by Consultant (and Consultant's subcontractors or subconsultants) pursuant to th~s Agreement are instruments of service, and shall become the property of Chent upon the term~nabon of th~s Agreement Chent hereby grants Consultant an trrevocable hcense to use any documents and Software Consultant created for Chent Consultant ~s entitled to rata~n cop~es of all such documents The documents prepared and furmshed by Consultant are ~ntended,only to be apphcable to th~s Project, and Chent's use of these documents ~n other projects shall be at Chent's sole nsk and expense In the event Client uses any of the ~nformat~on or materials developed pursuant to th~s Agreement ~n another project or for other purposes than specified here~n, Consultant ~s released from any and all hab~hty relabng to their use ~n that project 9 Warranties A Warranty of Title Consultant warrants that ~t has good btle to any hardware sold pursuant to th~s Agreement and the right to sell ~t to Chent free of any proprietary rights of any other party or any other lien or encumbrance Consultant further warrants that ~t has Professional Services Agreement - City of Denton, TX page 7 of t t good t~tle and all proprietary rights to any software developed and prowded by Consultant, to enable It to license its use to Chent free of any proprietary rights of any other party or any other encumbrance B Software Warranty Consultant warrants that any Software provided by Consultant w~ll perform free of defects that would prevent the system from operating ~n the manner described ~n the contract documents and any other related user documentation for the version installed Consultant further warrants that ~ts ~mplementat~on design of the JDEdwards software suite described in Exhibit B w~ll perform ~n such a manner as to accomplish the criteria set forth ~n Exhibit C, attached hereto and incorporated by reference here~n, m a fashion which maximizes efficiency and ease-of-use to the end user, prowded that the ~mplementat~on design ~s ~nstalled and ut~hzed by Client to Consultant's specff~cations, prowded, however, Consultant expressly makes no warrant~es of t~tle relating to the JD Edwards software Th~s Warranty shall commence upon date of acceptance by Chent C Special Year 2000 Warranty In addition to the above warrant~es, Consultant warrants that each hardware, software, and f~rmware product designed by Consultant and dehvered under the contract(s) shall be able to accurately process date data (~ncludlng, but not hm~ted to, calculating, comparing, and sequencing) from, ~nto, and between the twentieth and twentyf~rst centuries, includ~ng leap year calculations, when used ~n accordance w~th the product documentation provided by Consultant, provided that all other ~nterfaces (e g, hardware, software, firmware) used ~n combination w~th such product properly exchange date data with it This warranty shall apply to Consultant's products as a system The duration of th~s warranty and the remedies available to the Client for breach of th~s warranty shall be as defined ~n, and subject to, the terms and hm~tat~ons of Consultant standard commero~al warranty or warrant~es contained ~n the contract(s), provided that, notwithstanding any prowslon to the contrary ~n such commercial warranty or warrant~es, the remedies available to the Chent under th~s warranty shall ~nclude repair or replacement of any Consultant-supphed product whose noncompliance ~s d~scovered and made known to Consultant ~n writing Nothing ~n this warranty shall be construed to hm~t any r~ghts or remedies the Client may otherwise have under the contract w~th respect to defects other than Year 2000 performance 10 Insurance A Consultant, shall at Consultant's own expense, purchase, ma~nta;n and keep m force during the term of this Contract such ~nsurance as set forth below All ~nsurance pohc~es provided under th~s Contract shall be written on an "occurrence" bas~s The ~nsurance requirements shall remain m effect throughout the term of th~s Contract 1 Worker's Compensabon as required by law, Employers L~ablhty Insurance of not less than $100,00000 for each accident, $100,000 00 disease-each employee, $500,000 00 disease-policy hm~t 2 Commercial General L~ab~hty Insurance - $1,000,000 L~m~t B Concermng ~nsurance to be furnished by Consultant, ~t ~s a condition precedent to acceptab~hty thereof that Profess,~)nal Services Agreement - C,ty of Denton, TX page 8 of 1 t 1 All pohc~es are to be wntten through companies duly approved to transact that class of insurance in the State of Texas, and 2 Insurance ~s to be placed w~th carners w~th a Best rating of A VII C Consultant agrees to the following 1 Consultant hereby waives subrogation rights for loss or damage to the extent same are covered by ~nsurance Insurers shall have no nght of recovery or subrogation against Chent, it being the ~ntenbon that the ~nsurance pohc~es shall protect all parbes to ~he Agreement and be primary coverage for all losses covered by the pohc~es, 2 Companies ~ssulng the ~nsurance pohc~es and Consultant shall have no recourse against Chent for payment of any premiums or assessments for any deducbble, as all such premiums and deductibles are the sole respons~blhty and risk of Consultant 3 Approval, d~sapproval or failure to act by Chent regarding any insurance supphed by Consultant (or any subcontractors) shall not relieve Consultant of full respons~b~hty or hablhty for damages and accidents as set forth ~n the Contract documents Neither shall the insolvency or den~al of hab~iity by the insurance company exonerate Consultant from hablhty D Any of the ~nsurance pohc~es required under th~s secbon may be written ~n comblnabon w~th any of the others, where legally permitted, but none of the specified hm~ts may be lowered thereby 11 Notices All nobces and commumcatlons hereunder shall be ~n wnt~ng and shall be g~ven by personal delivery or by registered or certified ma~l unless another form of dehvery ~s mutually agreed upon in writing by the part,es Said notices shall be addressed as set forth below If to Chent C~ty of Denton 601 E Hickory, Suite A Denton, TX 76205-4305 Attn Alex Z Pettlt Phone (940) 349-8595 Fax (940) 349-8533 If to Consultant Access Technologies, Inc 11608 McDougall Tustln, CA 92782 Attn Cyd Yamamoto, President Phone (714) 669-7738 Professional Services Agreement - City of Denton, TX page 9 of 11 FAX (714) 669-1421 or such ot~er address as e~ther party may designate to the other party hereto ~n accordance w~th the aforementioned procedure 12 Interl)retatlon Whenever poss;ble, each provision of th~s Agreement and any Addendum shall be interpreted m such manner as to be vahd and effective under apphcable law If any prowslon of th~s Agreement or any Addendum shall be unlawful, void or for any reason unenforceable, it shall be deemed separable from, and shall ~n no way effect the vahd~ty or enforceability of, the rama~mng portions of th~s Agreement, and the r~ghts and obhgat~ons of the part~es shall be enforced to the fullest extent possible All captions are for the convenience of reference only and shall be d~sregarded ~n ~nterprat~ng th~s Agreement 13 Entire Agreement This Agreement and the Addendum(s) ~f any, contain the entire agreement of the part~es w~th respect to the subject matter hereof and supersedes and replaces any oral or written agreements heretofore entered into between the part~es Th~s Agreement and the Addendum(s) cannot be modified or terminated or any performance or condition waived, in whole or In part, except by a writing signed by the party against whom enforcement of the mod~f~cation, termination or waiver is sought The waiver of any breach of any term of condition 'of this Agreement or any Addendum shall not be deemed to constitute the waiver or any other breach of the same or any other term or condition 14 Execution and Counterparts Th~s Agreement and any Addendum hereto may be executed ~n any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one (1) and the same ~nstrument The part~es hereto acknowledge and agree that the ind~v~dual executing th~s Agreement on behalf of such party has the requisite authonty to do so 15 Governing Law Th~s Contract ~s entered ~nto subject to the Denton C~ty Charter and ordinances of the C~ty of Denton, Texas, as they may be amended from t~me to t~me, and is subject to and is to be construed, governed and enforced under all apphcable State of Texas and federal laws If legal action ~s necessary to enforce this Contract or any attachment, exhibit or addendum thereto, venue shall he exclusively m the courts of Denton County, Texas 16 Attorney's Fees If e~ther party hereto ~ncurs any legal fees, whether or not an action ~s instituted, to enforce the terms of th~s Agreement or any Addendum hereto, or to recover damages or ~njunctlve relief for breach of th~s Agreement or any Addendum hereto, ~t is agreed that the successful or prevalhng party shall be entitled to reasonable attorney's fees, expert w~tness fees, and other costs ~n addition to any other relief to which ~t may be entitled 17, Severablllty If any prows~on of th~s Agreement ~s found or deemed by a court of competent jurisdiction to be invalid or unenforceable, ~t shall be considered severable from the Professional Services Agreement - City of Denton, TX page 10 of 11 remainder of th~s Agreement and shall not cause the remainder to be ~nvahd or unenforceable In such event, the part~es shall reform th~s Agreement to replace such stncken prows~on w~th a valid and enforceable prows~on which comes as close as possible to expressing the ~ntention of the stncken prows~on 18 Compliance With Laws Consultant shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended 19 Discrimination Prohibited In performing the services required hereunder, Consultant shall not d~scnm~nate against any person on the bas~s of race, color, rehg~on, sex, nabonal ong~n or ancestry, age, or physical handmap 20 Assignability Consultant shall not assign any ~nterest ~n this Agreement, and shall not transfer any interest ~n th~s Agreement (whether by assignment, novabon, or otherwise) w~thout the prior written consent of Chent 21 Modification NO waiver or modification of th~s Agreement or of any covenant, cond~bon, or hm~tat~on here~n contained shall be vahd unless ~n writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received ~n evidence in any proceeding arising between the part~es hereto out of or affecbng th~s Agreement, or the rights or obhgat~ons of the part~es hereunder, and unless such waiver or modification ~s ~n wnbng and duly executed, and the part~es further agree that the prows~ons of this section w~ll not be waived unless as set forth here~n 22 Miscellaneous A The following exhibits are attached to and made a part of th~s Agreement Exhibit A - Addendum A to Contract Exhibit B - Descnpbon of JD Edwards Software Suite Exhibit C - Functional Requirements for JDEdwards Software Implementation B Consultant agrees that Client shall, until the expiration of three (3) years after the final payment under th~s Agreement, have access to and the right to examine any d~rectly perbnent books, documents, papers, and records of Consultant ~nvolwng transactions relating to th~s Agreement Consultant agrees that Chent shall have access during normal working hours to all necessary Consultant fac~hbes and shall be prowded adequate and appropnate working space ~n order to conduct audits ~n compliance with th~s secbon Chent shall g~ve Consultant reasonable advance not~ce of ~ntended audits C Consultant shall commence, carry on, and complete any and all projects w~th all applicable dispatch, m a sound, economical, and efficient manner and ~n accordance w~th the provisions hereof In accomphsh~ng the projects, Consultant shall take such steps as are appropriate to ensure that the work tnvolved ~s properly coordinated Profess;pnal Services Agreement - City of Denton, TX page 1 t of t 1 w~th related work being carned on by Chent, provided, however, Consultant shall not be ~n breach of th~s Agreement or an Addendum ~f ~t ~s unable to commence or complete ~ts work due to a conflict w~th ex~sbng or future work conducted by the Client D Chent shall assist Consultant by placing at Consultant's d~sposal all available ~nformat~on pertinent to the Project, includ~ng prewous reports, any other data relative to the Project, and arranging for the access thereto, and make all prowslons for Consultant to enter ~n or upon pubhc and private property as required for Consultant to perform services under th~s Agreement IN WITNESS WHEREOF, the parbes hereto have executed th~s Professional Services Agreement as of the date first written above for Chent City of Denton, TX for Consultant Access Technologies, Inc s~gned s~gned name name t~tle btle date date APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PROFESSIONAL SERVICES AGREEMENT ADDENDUM A between C~ty of Denton, Texas ("Client") and Access Technologies, Inc ("Consultant") Th~s Professional Service Agreement Addendum ~s an ~ntegral part of the Agreement dated December 1, 2001, between the C~ty of Denton, TX (CLIENT), and Access Technologies, Inc (ATI), and defines the bus,ness and computer software related consulting services requested, the fees, and the duration of the serwces Term · Start Date December 1, 2001 · End Date May31,2002 ATI staff w~ll be ready to beg~n prowd~ng post ~mplementat~on support resources within three (3) weeks of a mutually agreed upon date In the event ATi determines that the effort as set forth herein w~ll not be completed by the agreement upon Phase dates, ATI shall nobfy CLIENT of such promptly upon such determination Such not~ce shall also ~nclude ATI's rewsed estimated completion date Prolect Scooe The project scope w~ll ~nclude the following services General Act~wt~es · Provide post ~mplementat~on support, d~rect~on and coaching ~n the use of JDEdwards World Solutions Company OneWorld Xe software · Assist CLIENT project team(s) ~n evaluating their current ~mpiementat;on status and completing the effort remaining to successfully implement the JDEdwards World Solutions Company software · All services shall be performed under the supervision and d~recbon of a Certified Public Accountant (CPA) to rewew the ~mplementation of the chart of accounts, restatement of h~stor~cal financial ~nformat~on after convers;on, and address process changes necessary to conform to FASB and GASB requirements and pronouncements as deemed necessary Apphcat~on Act~wtles · ATI w;ll assist the CLIENT ~n the conbnued usage of the J D Edwards' OneWorld Xe software · ATI and ~ts subcontractors w;ll assist ~n the Implementat~on of the following software applications us;ng a phased approach, as defined below Post Implementation Address Book, Job Cost, Accounts Payable, General Support Dec 1,2001 Accounting, Budgeting, F~xed Assets, Procurement, Inventory Management, Payroll, Human Resources and HR Benefits Access Technologies Inc Professional Services Agreement Addendum Page I ~ PSA Addendum A C~ty of Denton, Texas POst Implf~entatlon Suooort Approach ATI and ~ta subcontractors will prowde support for all ~mplemented J D Edwards' OneWorld Xe software and agreed upon workflow mod~flcabons The acbwt~es ~n the project will include software support and project management services Key Assumptions The Addendum A has been developed based upon the follow;ng assumptions, changes to which may increase price and/or effect the project schedule 1 The CLIENT and ATI will reinforce decisions regarding CLIENT resources and availability reached dunng the Project Planmng Meebng dunng the ~mplementat~on 2 It ~s Access Technologies understanding that the CLIENT ~s assuming full-brae project management responsibility under the leadership of Kathy DuBose The project management team will be responsible for Rewew progress of ~mplementation and assist w~th problems which delay progress · Ensure that the ws~on, business plan and processes are current and ~ncluded m the ~mplementat~on · Identify additional project team tra~mng needs · Management of security plan including who controls set up · issue documentation and resolution · Prepare procedure manual format · Maintenance of detailed technology ~mplementat~on plan · Maintenance of detailed application ~mplementatlon plan · Management of end user training · Management of phased rollouts · Management of conversion process · Communicate project status and ~mplementat~on schedule to all the appropriate part~es Pro~ect Risks Every project ~nherently ~ncludes several types of risks, ~nclud~ng schedule risk, budget risk, risk of prowded solutions note being accepted by users and many others We, Access Technologies and CLIENT will continuously look to ~denbfy any potenbal risks, ~dent~fy and select options to reduce or ehm~nate the risk and then ~mplement the solubons The joint management function ~s based largely on managing these risks by · Establishing a skilled and experienced proJect team, superwsed by CPA professionals · Bnng techmcal software and hardware skills ~nto the project team · Enhst~ng the support of top management for resource commitments to the project · Involwng the user commumty and ~ts representabves ~n all aspects of the project · Documenting status ~nformat~on and open ~ssues on a t~mely bas~s, and working to resolve those ~ssues quickly Access Technologies Inc ProfessIonal Services Agreement Addendum Page 2 (~~ PSA Addendum A City of Denton, Texas Acces~ Technoloalee Responsibilities Access Technologies role ~n the project ~s described above and w~th~n Attachment A, the OnTrack Defimt~ons We w~ll serve ~n a support role, prowd~ng system ~nstallat~on, configuration and consulting services at your d~rect~on and request Access Technolo¢31es Staffln¢~ Consultant Tttle Hourly Rate Joe Harris Client Manager $ 00 Lynn Cardona Project Manager $180 00 Conrad Bredleau, Bob Senior Apphcat. on $175 00 Vanlandmgham Consultants Cathy Troxler Senior Techn.cel $180 00 Consultants Steve Campodomco Senior Apphcatlon Lead $180 00 CLIENT Resr'onaibllitles 1 CLIENT w~ll prowde access to database adm~mstrators, apphcat~on leads, system administrators and project management as necessary to facilitate software set up and configuration, enwronment set up and all apphcat~on ~mplementat~on steps referred to here~n 2 CLIENT w~ll prowde full-t~me project management services as defined above 3 CLIENT w~ll provide sufficient resources to enable that the project set up, completion and testing can be done w~th the project t~me frame 4 CLIENT will provide personnel to complete and/or assist ~n the wr~bng of detail procedures for use by end users 5 CLIENT w~ll prowde sufficient commitment of personnel to_perform any manual or programmatic data conversions required 6 CLIENT w~ll prowde sample data to execute both the prototype and ~ntegrated acceptance tests 7 CLIENT w~ll prowde on-site facilities for all ATI project team members which w~ll include . Work Area · Telephone Access · Analog phone I~ne access · System security and access Ids · Access to facilities · Parking · Fax, copy;ng and pnntlng cepab~hties Access Technologies lnc Professional Services Agreement Addendum Page 3 (~~ PSA Addendum A C~ty of Denton, Texas Pnc,na Assumotlons ATI's project price ~ncludes all of the ATI resources to be prowded for the scope of services defined herein Th~s Prefess~onal Serv;ces Agreement Addendum ~s supplementary to, but does not replace your Prefess~onal Services Agreement with our company Please refer to th~s Agreement for d~scuss~ons on billing ~ssues Comoonent Estimate Post Implementabon Support - F~nanclals $256,650 00 These estimates are based upon our knowledge of the software and your project team's knowledge of your c~t~es bus,ness environment Many factors can account for changes ~n the t~me and cost of mstalhng and ~mplement~ng JDEdwards software systems, which could lengthen or shorten the project durabon and, therefore, have an impact on original estimates for Access Technologies consulting services These factors can ~nclude changes ~n the mformat~on needs, ~naccurate descriptions of ex~sbng data, suspect data or incorrect level of detail and others After the model step ~s complete ~n the first phase of implementat~on, there w~ll probably be changes m the level of our participation, up or down For the entire project, when the modeling step ~s complete ~n each phase, we w~ll meet w~th you and the project team to d~scuss any proposed changes before proceeding Access Technologies recommends as part of the ~mplementabon and ~nstallat~on of your JDE L~censed Products, that the CLIENT operate the L~censed Products ~n parallel w~th the CLIENT'S exmtlng computer software system until the CLIENT has satisfactorily completed the ~mplementat~on Chanaes and Additional Work No modification or change to th~s Addendum w~ll be b~ndmg~ on e~ther party unless acknowledged ~n writing by their duly authorized representabves For Access Technologies, Inc For C~ty of Denton, Texas By By Acceotance Access Technologies, Inc City of Denton, Texas S~gned S~gned Name Name T~tle T~tle Access Technologies Inc Professional Services Agreement Addendum Page 4 ~ PSA Addendum A City of Denton, Texas Date Date CLIENT may, at any t~me, request that Access Technologies perform additional work beyond the scope of the project work, hereinafter referred to as a "Change Order" Compensabon for each such Change Order will be negotiated by CLIENT and Access Technologies consistent with the compensatmn prows~ons set forth ~n the Professional Services Agreement and, ~f so authorized, shall be considered part of the Project work Access Technologies shall not perform any additional work defined w~th~n a Change Order until the Change Order ~s approved by CLIENT in writing Access Technologms lnc Professional Services Agreement Addendum Page 5 Jan 10 02 02'OOp Denton Cit~ Teohnol Serv 940 3458533 p 4 ~ent I~y ACCEGS TECHNOLIOIES) 714 66g 1421~ Jan 8 02 3 11PM, Page 3/4 ~)~ PSA Ad5e~tdum A PriGi AT~'~ ~rolect pd~ Incl~es ~11 of thc ATI msOUt~ lo ~ p~ov~ for tho 8~Pe defin~ he~ln Th~s Proless,o~el Se~l~ Agreement ~den~m Is ~nln~ to, b~ does ~t ~place your Profoselo~al Semites Agr~mont with our cannily Please rear to thto Agreement for b P~t Im~lem~tallon ~U~Off - Finan~al~ These esUmate8 are based upon our k~owl~e of the 8o~are and your pr~eH t~m s kn~e of yoa~ c~l~. baroness env~n~nl ~y fK~m Gan aG~unt for ~a~8 ~n [he time a~ cost of ,~tall~ and imp~ing JDE~rds s~re syste~ which ~uld lengt~n or sho~n ~ ptoJe¢l du~n a~ t~re~m ha~ ~ ~mpaM o~ ongmal esb~tes ~r Acce~ Tech~ol~ius consulting se~vl~a These [~s can ~nclude changes ~ ~e Inform~n ne~. in--rate de~rlpl~l ~ eXlM~ date, 8Un~Gt data or in~r~t leve~ of detml and ;Ihers A~er ~e me~l s~p ~ ~mplele In ~e fi~t p~of imp~n~floi~ fl~efe ~an~s ~ the le~l ef our pafflc~abon tJp or do~ For ~e entire ~eject, ~en t~ ~llflg slop is c~pl~e Iff each phew, ~ will m~t w~ ~u end the pmJ~ ~ss T~hnologms r~mmends ~ pe~ of the ~mple~ntation a~d i~s~lIa~on of your JDE L~n~ Pmdu~ t~t ~e CLIENT opem~ ~ L~en~d Prudes in parallel ~th the the impieme~tlon ~es aflo ~dlflo~l Work No ~dificatlon or e~nge to thio AdoeflOum ~l) ~ bl~g on er~er ackflowle~ed in w~tflg by lhnlr duly au~fi~ Fo, A~ce.. Techno~gl~, ~c For Name , N~m~ [ ~ ~ ....... ~u u~ u~ oOp nen~;~n C11;~ Teohnol. Sep~ 840 3~88533 p 3 Sent By ACCESS TECHNOLIGIES= 714 88g 1421~ Jan 8 02 3 11PM, PROe 4/4 ~ee O~ el O~ 3~ De~an Ct~ T~eHnOI Se~u ~40 3498~33 p ,4 (~~ P~A Addendum A City of DeRton, T=x~ Oa, e O,te CLIENT may, at any time, r~ueel ~ ~ss Tech~g~as pego~ ad~t~nol ~ bey~ ~e s~g~u ~f the pmfe~ ~ her~na~er m~rmd ~o as a Change Oeec Com~nsatlun for o~ a~ Change 0~ ~lJ be n~et,at~d by CLIENT 8nd A~ess Technologies cone~el~t with the ~m~nsat(on ptovdljone set fodh m the ProMsslanal ~bl t~ Change Ord~ Is egg~oved by CLIENT in writing Appendix B The following is a hstmg of JDEdwards software modules to be ~mplemented at the C~ty of Denton, pursuant to the implementation contract 1 Foandat~on (System 00, JDE Release B733 2) 2 Address Book (AB) (System 01, JDE Release B733 2) 3 OneWofld Toolset (System 98, JDE Release B733 2) 4 Accounts Receivable (AR) (System 03, JDE Release B733 2) 5 Accounts Payable (AP) (System 94, JDE Release B733 2) 6 General Ledger/Accounting (GL) (System 09, JDE Release B733 2) 7 Financial Reporting (CAFR, PAFR, and SEA Models) (System 83, JDE Release B733 2) 8 Fixed Assets (FA) (System 12, JDE Release B733 2) 9 Fmaneml Modeling and Budgeting (BUD) (System 10, JDE Release B733 2) 10 Inventory Management (IM) (System 41, JDE Release B733 2) 11 Procurement (PO) (System 43, JDE Release B733 2) 12 Work Order Management (WO) (System 48, JDE Release B733 2) 13 Job Cost (JC) (System 51, JDE Release B733 2) 14 Subcontract Management (System 44, JDE Release B733 2) 15 Service Bflhng (SB) (System 48, JDE Release B733 2) 16 Contract Bflhng (System 52, JDE Release B733 2) 17 Grant Management (System 52, JDE Release B733 2) 18 Stand-Alone T~me Accounting (System 05, JDE Release B733 2) 19 Payroll (PR) (System 07, JDE Release B733 2) 20 Human Resources Management (HRM) (System 08, JDE Release B733 2) 21 Call Center Management (System xx, JDE Release B733 2) 22 Service Order Management (System xx, JDE Release B733 2) 23 Information Architect (Custom Documentation Tool) 24 CBT for Foundation State 25 CBT for Financial Suite 26 CBT for Distribution Suite 27 CBT for Manufactunng State NOTE: The city will ~mtmlly ~nstall JDE Release B733 2, but will undoubtedly upgrade to release B733 3 m the summer (Scheduled for July release) Exhibit C - Functional Reqmrements for JDEdwards Software Implementation' General Ledger 1 A flex:ble chart of accounts wh:ch allows control over structure and terminology 2 Supports mult:ple roll-ups for reporting 0 e, CAFR reporting, FERC reporting and GASB 34 reporting) 3 All system updates onhne and interactive 4 Supports multiple fiscal years and mult:ple years of history 5 Supports user-defined sub-ledgers 6 Supports cash bas~s, accrual bas~s, and/or year-end accrual bas~s 7 Supports reporting on a GAAP and budget basis 8 Interfaces completely to Procurement, Inventory, Payroll, Human Resources Management, Accounts Payable, Accounts Receivable, F~xed Assets and Project Accounting modules 9 Supports unhm:ted number of funds 10 Supports all basic transactions 0 e, Journal entries, Automated d~sbursements, Cash receipts, etc ) All ed:ting at t~me of data entry Automat:c reversal of journal entries 11 Automatically posts the cash or Due To's and Duc From's associated with transactions 12 "Workflow" ftmct~on for routing and approval processes 13 "Drill Down" function throughout all modules 14 "Query by Example" reporting option 15 Reeumng Journal Entry function 16 Automatic calculation and posting of accrued payroll 17 Interdepartment charge-back (cost allocation) option 18 Prowdes a variety of online mqtury options and tables - onhne general ledger, budget status and dettul, project status and detail, balance sheet, ~ncome statement, ete 19 Supports prior year encumbrance roll-forward 20 Relational database 21 Ad-hoc reporting function which supports financial and statistical modelang and reporting 22 Standard fund accounting reports and budget reports a Trial balance b Income Statement c Income & Expense report d General Ledger e Balance Sheet f Budget v Actual Expenditure g Budget v Actual Revenue h Fund Summaries Cash Flow 23 User-defined roll-up reporting 24 Supports extract of onhne information to Excel spreadsheet 25 Ability to t~ulor menus to md~vxdual users 26 Ability to customize reports and tables Exhibit C - Page 1 of 7 27 CBT tra~mng modules 28 Ability to change tables into charts or graphs 29 Complete on-hne documentation - including defimtlon of error messages and possible resolutions 30 Supports scannmg capability 31 Supports encumbrance process Accounts Payable/Check Management 1 Ability to pnnt checks at any location 2 Ability to void checks 3 Duplicate mvolce checking 4 Three-way match with budget check at any prescribed level 5 Multiple bank accounts supported 6 Payment scheduhng 7 Ability to support scanning of~nvolces 8 1099 Reporting 9 Vendor d~scotmts and freight charges supported 10 Supports multiple vendor addresses 11 Supports user-defined vendor tustory 12 Purges vendors on a user-defined bas~s 13 Prowdes vendor analys~s reporting 14 User-defined payment cycles 15 Supports separate check option and multiple invoices per check 16 Fully integrated w~th General Ledger, Fixed Assets, Procurement and Inventory 17 Drill down option usable from General ledger to Accounts Payable module 18 Online payee history 19 Extanslve on-hne mqulry prowdmg vendor and payment mformat~on from various views 20 Standard reports to include a Check Register b Aged invoices report e Outstanding checks report d 1099 Report e Vendor reports f Encumbrance listing Accounts Receivable 1 Information may be requested m detail, summary, aging or bflhng format m customer name, department, d~wslon or customer ID order 2 User defined agmg periods 3 Fully integrated with the General Ledger Exhibit C - Page 2 of 7 4 Ability to pnnt lnvomes at user's location $ User controls bflhng periods and amount of on-hne history maintmned 6 Cash Receipts automatically updates the Accounts Receivable files 7 Receipts may be pnnted on-line 8 Automatmally assigns mvmee numbers 9 Ability to produce Recumng Invoices l0 Ability to pnnt invoice summaries and statement of charges for a customer account 11 Ability to create user-defined payment plans 12 Tturd party billing allowing duplicate bills to be sent to several entrees 13 Drill down function from GL to A/R 14 Standard reports a Statement of Charges b Detail Lmtmg of Invmees by Name c Aged Invoices d Detail Listing of Invmces by Account number e Bflhng tustory Budget Preparation' 1 Supports budgeting on an annual, quarterly, monthly or multi-year basis 2 Interfaces w~th the General Ledger 3 Interfaces with the Payroll/HRMS function to facilitate "What IF?" scenario calculations 4 Budget changes may be logged and reported 5 "Date Stamp" function for all budget transactions 6 Up to ten named versions of the budget for each year 7 Allocation controls at user-defined levels 8 Badger checks at user-defined levels 9 Budgets adjusted by plus or minus amount, plus or minus percentage or override values 10 Supports budgeting, expending, eneumbenng and controlling at different levels 11 Salary foreeastmg/proj ectlon capability 12 Supports global budget changes 13 Download/Upload capability to PC's 14 BUdget preparation screens whmh show user selected budget/actual history 15 Slandard reports for budget preparation and budget momtonng Purchasing: 1 Supports remote entry of purchase reqmsit~ons 2 "Workflow" optmn for approval onhne by management and routing to several areas 3 Abihty to track ~tems through the receiwng cycle 4 Supports the pnntmg of Purchase orders at user location Exhibit C - Page 3 of 7 5 Automatm interface to the General ledger, Accounts Payable and Fixed Asset systems 6 Funds are encumbered automatically upon entry of a Purchase Order 7 Accommodates quantity discounts and freight charges 8 Multiple vendor addresses are supported 9 Interfaces with Commodity and Vendor files 10 Descriptive information may be entered for any item 11 Supports standard reports and online lnqmry for a Outstanding encumbrances/PO's b Change order log c Approval reports d Receiving reports e Purchase request information (summary and detml) f Purchase order ~nfonnatlon (summary and detail) g General ledger reports with summary encumbrances by account 12 Encumbrance activity included m General Ledger inquiry 13 Budget verification upon entry of purchase order request with option to lock-out funds not avmlable 14 Supports partial or full un-encumbrance or adjustment 15 Unlimited amount of general ledger account numbers for a single PO 16 On-hne lustory can be mmntmned for any period desired by the user Fixed Assets: 1 Monitors and reports on all capitalized and non-capltahzed fixed assets 2 Performs depreciation calculations and makes all reqmred entries to the general ledger 3 Flexible and interactive retrieval of information from the Fixed Asset database 4 System mmntalns a chronology of the asset's location by employee, room, building or lot 5 Asset information extraction for reporting or lnqmry by any of the following criteria Asset ID's, location, acquisition dates, deletion dates, book value, market value, purchase price, depreciation code, PO number, maintenance dates, project codes, warranty dates and installation dates 6 Depreciation calculations include Straight line, Sum of the Years Digits, 150% and 200% Declmmg Balance 7 Supports partial year depreciation 8 Audit trml of all entries posted to the General Ledger Stores Inventory: 1 Supports the three major functions of receiving, inventory control and order processing Exhibit C - Page 4 of 7 2 Automatic interface to the Purchasing, Accounts Payable, and General Ledger modules 3 Supports FIFO, LIFO and Average Cost inventory costing methods, with the option to implement automatically as assets are received and distributed 4 Supports the calculation of Safety Stock and Reorder points based on multiple criteria 5 Allows for multiple types of Pricing calculations using various system generated vagables such as carrying cost, warehouse overhead, ordenng cost, or any of the inventory costing methods 6 Unhmlted amount of free form text available regarding any product held in inventory 7 Mamtaans all events in the hfe of a product 8 Atltomatmally calculates and updates Last Order date, Last Order Quantity, Last Unit Price, etc 9 Supports multiple warehouses 10 Supports last and next physical counts and cycle counts by Class per warehouse 11 Optional, user-defined postings to the General Ledger for both receiving and demand functions 12 Extensive onhne inquiry and reporting for product, vendor, customer, inventory, warehouse and transaction information 13 Generates Pick Tickets for items ordered as they will be found ~n the warehouse Human Resource Information System. 1 Employment/Recruitment - Takes individual from point of application to the interview through rejection or employment without duplicate data entry 2 Identtfies demographic information concerning the employee, family and other personal data 3 Pgsltion Control/Budgeting - identifies past, present and future positions with departments, budgets, FTE and actual earnings Fully integrated to the Payroll and the General Ledger 4 Evaluations/Career Development - Records all past and future evaluations, results, management development objectives, plans and progress 5 Tracks any number of user defined types of leave with start and end dates, accruals, reasons and approvals 6 Maantatns up to the minute deduction and benefit information with status, YTD withholdings and all tax reqmrements 7 Malntmns all OSHA required reformation 8 Mmnttuns a history on all employee traamng, dates, locations, certifications and licenses 9 On-hne interactive inquiry and reporting ability which allows for selection of information from the data base based upon user specified values 10 Mamtmns all retirees, benefit levels, vesting, retirement and early retirement dates 11 Hastory logging such that information may be reported "as off spemfic dates 12 Employment Separation - identifies separated employees, dates, reasons, checkout procedures, and eligibility for benefits Exhibit C - Page fi of 7 Payroll System: 1 Supports complex payroll environments, lnclud~ng multiple work areas, multiple deductions, reductions and benefit plans 2 Supports automatic deposits, special tax deferral programs, complex retirement and benefit plans, and spemal needs such as car allotments and savings bond programs 3 D~rect integration to the General Ledger, Job/Project Ledger, Posatlon Control and Human Resources Information system 4 Complies with FLSA regulations 5 Supports daffy, weekly and pay period t~me card entry while denwng overtime hours and rates based on rules defined by the user 6 Exception t~me entry only reqmred 7 Pnnts checks on demand to a designated workstation pnnter 8 Supports multxple checking accounts and automatxc bank tape mconmhat~on 9 Automatic labor d~smbutlon to General Ledger and Job Ledger 10 Processes and records non-payroll mformatxon such as COBRA 11 Supports mid-period h~rmg/termmat~ng payroll process 12 Supports magnetm medm reportxng to state and federal agenmes 13 Supports multiple versxons of user defined salary and rate table 14 Supports multiple general ledger d~stnbutxons per paycheck 15 Unllm~ted history based on user defined levels 16 Supports gamxshment d~rect deposits 17 Tracks vacatxon and sick time totals, sick pool accumulations, total time lost by enlployee, FMLA, Workers Compensation, long term d~sabfllty and leave of absence 18 Supports inquiry and reporting ability for user defined lnformaUon 19 Prowdes the following standard reports a Payroll Check register b Payroll deduction regxster c Payroll earning register (labor d~stnbut~on) d EEOC reports e Quarterly 941's f Annual W-2's g Organ~zatlon chart h Specmllzed state and local reports Employee reports showang all payments, deductions, and contrthutlons for an upcoming pay period j Superv~sor's reports showing all hours Position Control' 1 Ability to create and model budgets based on job and positron assignments 2 Ablhty to create line item budgets in the General Ledger and/or ProJect ledger Exhibit C - Page 6 of 7 3 Fully mtegrated with the Human Resource system, Payroll and General and ProJect ledgers 4 Changes made to salary and benefit tables automatically "roll" through the system 5 Salaries, benefits and overtime are mmntmned on an FTE basis 6 Supports salary saving calculations 7 Salary "step" increases are automatically mmntmned 8 Benefits can be defined as a percentage of salary or a strmght dollar amount Different benefits can be defined for regular and overtime pay 9 Allow salary budgets to be adjusted up or down by a fixed pementage 10 Current and future years may be accessed simultaneously 11 Unfilled positions may be budgeted 12 Salary and FTE limits may be set at the job and/or position level 13 Supports "What iff scenarios 14 The following reports are provided a Benefits by Job b Position Number by Account c Position Changes between years d Position number by department e Salary Planning Worksheet f Salary Budget by Positions g Salaries and FTE by Account h Salary Projection Salary-to-Actual Exhibit C -Page 7 of 7