Agenda 09/24/2013 Item #16E 99/24/2013 16.E.9.
n EXECUTIVE SUMMARY
Recommendation to award a contract for Request for Proposal (RFP) 13 -6015 "SAP
Consulting Services" to EPI -USE America, Inc and to Labyrinth Solutions Inc., d /b /a LS I
Consulting, LLC and authorize the Chairwoman to execute the County Attorney
approved contracts.
OBJECTIVE: Obtain professional consulting services to support the County's SAP financial platform.
CONSIDERATION: Collier County has been using SAP as its primary financial management
application since January, 2003. Collier County is seeking to provide professional consulting services
for support and implementation of SAP related projects and to engage Consultants to mentor and assist
County personnel, and the Clerk of Courts as a participating Agency, with current and future projects.
On June 3, 2013, the Purchasing Department solicited proposals for RFP13 -6015 "SAP Consulting
Services." On July 2, 2013, twelve (12) proposals (out of a mailing of 1,297 addresses) were received.
The Selection Committee, which was made up of representatives of the Clerk of Courts and the Board
of County Commissioners, met on July 10, 2013 and again on August 6, 2013 and ranked the firms as
follows:
1. EPI -USE America, Inc.
2. LSI Consulting, LLC
3. Phoenix Business Consulting, Inc.
4. Meridian Partners LLC
5. Quintel Management Consulting, Inc.
6. WIT Consulting, Inc.
7. Sparta Consulting, Inc.
8. Main Sail, LLC
9. Sierra Infosys, Inc.
10. Sage Group Consulting, Inc.
11. Emergys Corporation
12. Indra USA, Inc.
The Selection Committee reached a consensus to award a contract to the top two firms; EPI -USE,
America, Inc. and LSI Consulting, LLC.
LEGAL CONSIDERATION: This item has been approved as to form and legality and requires a
majority vote for Board approval. - ERP
FISCAL IMPACT: - Funds will be budgeted in the cost centers that may use these services.
GROWTH MANAGEMENT: There is no impact on the County's long -range planning effort.
RECOMMENDATION: That the Board of County Commissioners awards Request for Proposal 13-
6015 "SAP Consulting Services," and authorizes the Chairwoman to execute the attached contracts
with EPI -USE America, Inc. and Labyrinth Solutions, Inc. d/b /a LSI Consulting, LLC after final review by
the County Attorney.
PREPARED BY: Catherine Bigelow, Sr. Business Technology Analyst, Purchasing Department,
Administrative Services Division.
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9/24/2013 16.E.9.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.9.
Item Summary: Recommendation to award a contract for Request for Proposal (RFP) 13-
6015 "SAP Consulting Services" to EPI -USE America, Inc and to Labyrinth Solutions Inc., d /b /a LS
I Consulting, LLC and authorize the Chairwoman to execute the County Attorney approved
contracts.
Meeting Date: 9/24/2013
Prepared By
Name: TibbettsRhonda
Title: VALUE MISSING
9/11/2013 4:01:50 PM
Submitted by
n
Title: VALUE MISSING
Name: TibbettsRhonda
9/11/2013 4:01:51 PM
Approved By
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 9/12/2013 7:20:29 AM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 9/12/2013 9:34:15 AM
Name: JohnsonScott
Title: Purchasing Agent,Purchasing & General Services
Date: 9/12/2013 10:07:39 AM
Name: BerriosMike
Title: Manager - Network Operations,Information Technolog
Date: 9/12/2013 12:18:37 PM
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9/24/2013 16.E.9.
Name: pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 9/13/2013 8:25:31 AM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 9/13/2013 1:05:36 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 9/16/2013 8:30:43 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/16/2013 9:16:57 AM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Manag
Date: 9/16/2013 10:06:58 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 9/16/2013 10:59:45 AM
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AGREEMENT13 -6015
for
SAP Consulting Services
THIS AGREEMENT, made and entered into on this day of 2013, by
and between EPI -USE America, Inc., authorized to do business in the State of Florida, whose
business address is 2002 Summit Blvd. #825, Atlanta, GA 30319, (the "Consultant ") and
Collier County, a political subdivision of the State of Florida, (the "County "):
WITNESSETH:
1. COMMENCEMENT, The Consultant shall commence the work upon issuance of a
Purchase Order.
2. CONTRACT TERM. The contract shall be for a two (2) year period, commencing on
Date of Board award, and terminating (2) years from that date.
The County may, at its discretion and with the consent of the Consultant, renew the
Agreement under all of the terms and conditions contained in this Agreement for one
^ (1) additional two (2) year period. The County shall give the Consultant written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
3. STATEMENT OF WORK. The Consultant shall provide professional consulting
services on an as- needed basis in accordance with attached Exhibit A Scope of Services,
the terms and conditions of RFP #13 -6015 and the Consultant's proposal referred to
herein and made an integral part of this agreement. This Agreement contains the entire
understanding between the parties and any modifications to this Agreement shall be
mutually agreed upon in writing by the Consultant and the County Project or Contract
Manager or his designee, in compliance with the County Purchasing Policy and
Administrative Procedures in effect at the time such services are authorized.
4. COMPENSATION: The County shall pay the Consultant for the performance of this
Agreement upon completion or partial completion of the work tasks for each work
assignment as accepted and approved by the related County Project Manager or his
designee. Work assignments may be performed on either a Lump Sum or Time and
Material basis pursuant to the fees as set forth in Exhibit B, included in this Agreement,
together with the Travel and Reimbursable Expenses as defined in this Agreement.
Payments shall be made to the Consultant when requested as work progresses, but not
more frequently than once per month. Payment will be made upon receipt of a proper
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invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act ".
4.1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6)
months after completion of contract. Any untimely submission of invoices beyond the
specified deadline period is subject to non - payment under the legal doctrine of "laches"
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this agreement.
4.2 TRAVEL AND REIMBURSABLE EXPENSES
Travel and Reimbursable Expenses must be approved in advance in writing by the
County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Any trips
within Collier and Lee Counties are expressly excluded.
Reimbursements shall be at the following rates:
Mileage
$0.445 per mile
Breakfast
$6.00
Lunch
$11.00
Dinner
$19.00
Airfare
Actual ticket cost limited to tourist or
coach class fare
Rental car
Actual rental cost limited to compact or
standard -size vehicles
Lodging
Actual cost of lodging at single
occupancy rate with a cap of no more
than $150.00 per night
Parking
Actual cost of parking
Taxi or Airport
Limousine
Actual cost of either taxi or airport
limousine
Reimbursable items other than travel expenses shall be limited to the following:
telephone long- distance charges, fax charges, photocopying charges and postage.
Reimbursable items will be paid only after Consultant has provided all receipts.
Consultant shall be responsible for all other costs and expenses associated with activities
and solicitations undertaken pursuant to this Agreement.
5. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
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6. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant at the following Address:
EPI -USE America, Inc.
2002 Summit Blvd. #825
Atlanta, GA 30319
(678) 872 -0040 phone
(770) 234 -4029 fax
All Notices from the Consultant to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Purchasing & General Services Director
Telephone: 239 - 252 -8407
Facsimile: 239 - 252 -6480
The Consultant and the County may change the above mailing address at any time
^` upon giving the other party written notification. All notices under this Agreement must
be in writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Consultant or to constitute the Consultant as
an agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Consultant. Payment
for all such permits issued by the County shall be processed internally by the County.
All non - County permits necessary for the prosecution of the Work shall be procured
and paid for by the Consultant. The Consultant shall also be solely responsible for
payment of any and all taxes levied on the Consultant. In addition, the Consultant shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Consultant agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Consultant.
9. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
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effect or hereafter enacted or adopted. In the event of such violation by the Consultant
or if the County or its authorized representative shall deem any conduct on the part of
the Consultant to be objectionable or improper, the County shall have the right to
suspend the contract of the Consultant. Should the Consultant fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty -four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Consultant further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
10. TERMINATION. Should the Consultant be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
for convenience with a thirty (30) day written notice. The County shall be sole judge of
non - performance.
In the event that the County terminates this Agreement, Consultant's recovery against
the County shall be limited to that portion of the Contract Amount earned through the
date of termination. The Consultant shall not be entitled to any other or further recovery
against the County, including, but not limited to, any damages or any anticipated profit
on portions of the services not performed.
11. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination
as to race, sex, color, creed or national origin.
12. INSURANCE. The Consultant shall provide insurance as follows:
A. Commercial General Liability Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Consultants;
Products and Completed Operations and Contractual Liability.
B. Business Auto Liability Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and
Employee Non - Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000 for
each accident.
D. Professional Liability Shall be maintained by the Consultant to ensure its legal
liability for claims arising out of the performance of professional services under this
Agreement. Consultant waives its right of recovery against County as to any claims
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under this insurance. Such insurance shall have limits of not less than $2,000,000 each
^ claim and in the aggregate.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Consultant during the duration of this Agreement. The Consultant shall
provide County with certificates of insurance meeting the required insurance
provisions. Renewal certificates shall be sent to the County ten (10) days prior to any
expiration date. Coverage afforded under the policies will not be canceled or allowed to
expire until the greater of: ten (10) days prior written notice, or in accordance with
policy provisions. Consultant shall also notify County, in a like manner, within twenty -
four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or
material change in coverage or limits received by Consultant from its insurer, and
nothing contained herein shall relieve Consultant of this requirement to provide notice.
Consultant shall ensure that all subConsultants comply with the same insurance
requirements that he is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
^ Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any
claimed breach of this Agreement by Consultant, any statutory or regulatory violations,
or from personal injury, property damage, direct or consequential damages, or
economic loss, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Consultant or anyone employed or utilized by the Consultant
in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise
may be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13.1 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of
the Consultant, County and any indemnified party. The duty to defend arises
immediately upon presentation of a claim by any party and written notice of such
claim being provided to Consultant. Consultant's obligation to indemnify and defend
under this Article 13 will survive the expiration or earlier termination of this
Agreement until it is determined by final judgment that an action against the County or
an indemnified party for the matter indemnified hereunder is fully and finally barred
by the applicable statute of limitations.
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14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the IT Department.
15. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Consultant further represents
that no persons having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS CONTRACT This Contract consists of the following
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Exhibit A Scope of Services, Exhibit B Fee Schedule, Consultant's Proposal,
Insurance Certificate, RFP #13 -6015 SAP Consulting Services, Specifications/ Scope of
Services and Addenda.
17. SUBJECT TO APPROPRIATION It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part
III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and /or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and /or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and /or
quotes; and, c. immediate termination of any contract held by the individual and /or
firm for cause.
19. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Consultant is formally acknowledging without exception or stipulation that it is
fully responsible for complying with the provisions of the Immigration Reform and
Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto,
as either may be amended. Failure by the Consultant to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have
the discretion to unilaterally terminate this agreement immediately.
20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
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22. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to
this contract in compliance with the Purchasing Policy.
23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Consultant with full decision - making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Consultant with full decision - making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
24. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
25. CONTRACT STAFFING: The Consultant's personnel and management to be utilized
for this contract shall be knowledgeable in their areas of expertise. The County reserves
the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the contract. The Consultant
shall assign as many people as necessary to complete the required services on a timely
basis, and each person assigned shall be available for an amount of time adequate to
meet the required service delivery dates.
26. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Request for Proposal (RFP) and/or the
Consultant's Proposal, the Contract Documents shall take precedence.
27. ASSIGNMENT: Consultant shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer
this Agreement, or any part herein, without the County's consent, shall be void. If
Consultant does, with approval, assign this Agreement or any part thereof, it shall
require that its assignee be bound to it and to assume toward Consultant all of the
obligations and responsibilities that Consultant has assumed toward the County.
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IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
Dated:
(SEAL)
First Witness
TType /print witness nameT
Second Witness
TType /print witness nameT
Approved as to Form and Legality:
- P)
Assistant County Attorney
Print Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
M
Georgia A. Hiller, Esq., Chairwoman
EPI -USE America, Inc.
Consultant
By:
Signature
TType /print signature and titleT
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Exhibit A
Scope of Services
Agreement 13 -6015 SAP Consulting Services
Description of Services
9/24/2013 16.E.9.
This Agreement is to provide professional consulting services for support and implementation of SAP
related projects. A primary objective of this Agreement is to engage the Consultant to mentor and assist
County personnel and the participating Agency with current and future projects. Services shall be
provided to all County Agencies, including but not limited to: All County Divisions, the Airport Authority,
CRAs, and including the Clerk of Courts and other Constitutional Offices.
The County intends to:
• Contract with one or more Consultants for SAP consulting services.
• Allow the selected Consultants to employ subcontractors /subconsultants; however, final
determination of the selected Consultants /individuals will reside with the Collier County project
managers for each work assignment.
• Retain the right to select and / or disqualify Consultants, their employees or their
subcontractors /subconsultants, assigned to each work assignment at its discretion for reasons
including but not limited to their qualifications, experience, and their ability to interact
effectively with County staff, their perceived productivity, and their ability to transfer knowledge
to County staff.
The County may be interested in, but not limited to, executing the following general types of projects,
upgrades, or installations:
• Support of existing modules — not just projects.
• Guidance on future -state needs and /or environment.
• Upgrade either to 7.1 or do a new install of Solution Manager 7.1.
• Implement Charm (Change Management) and Transport Management within the Solution
Manager environment at some date.
• SAP Java Web Server may expand in the future for Dolphin users.
• The County is researching options to upgrade its SAP systems OS and DB from Windows
2003 /SQL 2005 to Windows 2008 /SQL 2008 R2 or Windows 2008 /SQL 2012.
• Upgrade its SAP systems NetWeaver kernel from 7.0 to either 7.1; 7.2; or 7.3.
• Upgrade ADS (Adobe Document Server).
• Upgrade SAP systems to the current SAP Enhancement pack at some date.
• Guidance on patch levels for Java servers (Adobe Document Server, SLD Server, Solution
Manager Server, etc) as required for compatibility with the patch levels of the ERP servers.
• The County intends to build a new SAP Training environment.
• Looks to minimize the number of SPAU entries encountered.
• Update SAP ECC systems with RSECNOTEs.
• Eliminate DBIF_ REPO — SQL —ERROR messages received.
• Assistance in cleaning up problematic transports and repairs.
• Performance tuning with ST02- SAPPFPAR.
• Clean -up outstanding SSCR registered objects.
• SAP Portals
• SAP Archiving of data
• SAP Business Warehouse / Business Intelligence
• SAP Webgui
• New General Ledger migration
• Grants Management enhancements
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• Fl Workflow (Intergovernmental Charges)
• Capital Asset Management Functions
• Project Management
• Treasury Management
• Asset Management interface project maintains additional security on the County's "Services
for Objects" attachments due to HIPAA and confidential documents.
• Change Management (how people interact with new business process established)
• Miscellaneous (time and materials) billing functionality for departments rollout
• Human Resource specific projects may include, but are not limited to:
• Employee Self Service /Manager Self Service
• Payroll and Time Management
• OM (Organizational Management) HR workflow
• Compensation
• Link information from Qualifications Catalog to Talent Management
• Purchasing speck projects may include, but are not limited to:
• Contract Lifecycle Management
✓ Improve Contract Management process to reflect the changing nature of contract
lifecycles; from creation, to collaboration, to compliance.
✓ Generate contracts from approved contract templates and clause libraries.
✓ Reduce risk and protect the bottom line with standardized language and contract
visibility.
✓ Securely retrieve contracts from the entire repository with powerful search options.
• Supplier Relationship Management
✓ Gain competitive edge by automating, simplifying and accelerating procure -to-pay
processes for goods and services.
✓ Generate sustainable savings by standardizing and centralizing procurement ^
processes.
✓ Achieve greater visibility into supplier relationships and performance.
✓ Best way to enter one time vendors but still maintain for tax reporting.
• Workflow Changes
✓ Eliminate the need for requisitions.
✓ Allow creation of purchase orders from contract with workflow.
• Vendor Master
✓ Redaction of sensitive information (such as Social Security numbers).
The Consultant will have the ability to perform the following services associated with the project,
upgrade or integration and complete the execution within the approved budget and timeline in
accordance with the requirements of each speck work assignment, including but not limited to:
Develop proposal scope of work for identified work assignment to include numbers of hours,
costs, resources, equipment, timeline, etc.
Prepare project milestones and a project plan that includes the following:
• Blueprinting
• Initial configuration and set -up in sandbox
• Configuration in development environment
• Development of test scripts with County
• Testing and acceptance in development environment
• Migration to QAS
• Testing and acceptance in QAS
• Development of training materials including °train the trainer" transfer of knowledge
• Migration to production
• Post production support
Negotiate and adjust proposal as directed by the County project managers.
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• Implement the proposal to the agreed upon timeline and cost, in consultation with the County
project managers.
• Apply configurations to the Sandbox environment with the appropriate Collier County
personnel oversight and getting trained.
• Appropriate documentation will be created and submitted to comply with our Change
Management requirements.
• Configuration and/or program changes will be checked and tested by the proposer and Collier
County testing team, where the required testing documentation will be created and submitted
to comply with our Change Management requirements.
• Once fully tested, both for the need and the negative testing has occurred, the SME for the
change will be approved so the transport can be moved to QAS, which will be done by the
appropriate Collier County migratory.
• Support software functional testing, and refine the Development and QAS environments and
technical documentation as needed to meet functional requirements.
• Assist Collier County personnel to prepare training material and train the user acceptance
testing team.
• Support user acceptance testing, and refine the technical documentation as needed.
• Conduct user training using a "train the trainer methodology ", train the SME and train the
Administrator.
• Provide Training on system (provide optional pricing for onsite training). \Prepare cutover plan
and submit final technical documentation.
• Once fully tested, both for the need and the negative testing has occurred, the SME for the
change will approve so the transport can be moved to PRD, which will be done by the
appropriate Collier County migratory. -Post Production support needs.
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Exhibit B
Fee Schedule
Agreement 13 -6015 SAP Consulting Services
Hourly Rate Ranges*
Professional Position Hourly
Rate Range
Project Manager
$165-$175
Sr. Analyst
$155-$165
HR/Time /Benefits /Payroll Analyst
$145-$155
Sr. FI /FM /CO /PS /MM Analyst
$155-$165
Fl/FM/CO/PS/MM Analyst
$145-$155
Sr. Workflow Analyst
$145-$155
Workflow Analyst
$135-$145
Sr. ABAP/WebDynPro /Adobe Analyst
$155-$165
ABAP/WebDynPro /Adobe Analyst
$135-$145
Sr. Basis/Technology Analyst
$155-$165
Basis/Technology Analyst
$135-$145
Sr. GM Analyst
$155-$165
GM Analyst
$145-$165
Trainer /Change Mgmt Position
$130-$140
• Hourly rates within a range are dependent upon the complexity of the work assignment, and
will be determined by the requirements of each work assignment.
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AGREE MEN T13-6015
for
SAP Consulting Services
THIS AGREEMENT, made and entered into on this day of 2013, by
and between Labyrinth Solutions, Inc., d /b /a LSI Consulting, LLC., authorized to do
business in the State of Florida, whose business address is 144 North Road, Suite 1000,
Sudbury, MA 01776, (the "Consultant ") and Collier County, a political subdivision of the
State of Florida, (the "County "):
WITNESSETH:
1. COMMENCEMENT. The Consultant shall commence the work upon issuance of a
Purchase Order.
2. CONTRACT TERM. The contract shall be for a two (2) year period, commencing on
Date of Board award, and terminating (2) years from that date.
The County may, at its discretion and with the consent of the Consultant, renew the
^ Agreement under all of the terms and conditions contained in this Agreement for one
(1) additional two (2) year period. The County shall give the Consultant written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
3. STATEMENT OF WORK. The Consultant shall provide professional consulting
services on an as- needed basis in accordance with attached Exhibit A Scope of Services,
the terms and conditions of RFP #13 -6015 and the Consultant's proposal referred to
herein and made an integral part of this agreement. This Agreement contains the entire
understanding between the parties and any modifications to this Agreement shall be
mutually agreed upon in writing by the Consultant and the County Project or Contract
Manager or his designee, in compliance with the County Purchasing Policy and
Administrative Procedures in effect at the time such services are authorized.
4. COMPENSATION: The County shall pay the Consultant for the performance of this
Agreement upon completion or partial completion of the work tasks for each work
assignment as accepted and approved by the related County Project Manager or his
designee. Work assignments may be performed on either a Lump Sum or Time and
Material basis pursuant to the fees as set forth in Exhibit B, included in this Agreement,
together with the Travel and Reimbursable Expenses as defined in this Agreement.
Payments shall be made to the Consultant when requested as work progresses, but not
more frequently than once per month. Payment will be made upon receipt of a proper
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invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local
Government Prompt Payment Act ".
4.1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6)
months after completion of contract. Any untimely submission of invoices beyond the
specified deadline period is subject to non - payment under the legal doctrine of "laches"
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this agreement.
4.2 TRAVEL AND REIMBURSABLE EXPENSES
Travel and Reimbursable Expenses must be approved in advance in writing by the
County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Any trips
within Collier and Lee Counties are expressly excluded.
Reimbursements shall be at the following rates:
Mileage
$0.445 per mile
Breakfast
$6.00
Lunch
$11.00
Dinner
$19.00
Airfare
Actual ticket cost limited to tourist or
coach class fare
Rental car
Actual rental cost limited to compact or
standard -size vehicles
Lodging
Actual cost of lodging at single
occupancy rate with a cap of no more
than $150.00 per night
Parking
Actual cost of parking
Taxi or Airport
Limousine I
Actual cost of either taxi or airport
limousine
Reimbursable items other than travel expenses shall be limited to the following:
telephone long- distance charges, fax charges, photocopying charges and postage.
Reimbursable items will be paid only after Consultant has provided all receipts.
Consultant shall be responsible for all other costs and expenses associated with activities
and solicitations undertaken pursuant to this Agreement.
5. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
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6. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant at the following Address:
LSI Consulting, LLC.
144 North Road, Suite 1000
Sudbury, MA 01776
(978) 261 -6100 phone
(978) 295 -2038 fax
All Notices from the Consultant to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Purchasing & General Services Director
Telephone: 239- 252 -8407
Facsimile: 239- 252 -6480
The Consultant and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Consultant or to constitute the Consultant as
an agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Consultant. Payment
for all such permits issued by the County shall be processed internally by the County.
All non - County permits necessary for the prosecution of the Work shall be procured
and paid for by the Consultant. The Consultant shall also be solely responsible for
payment of any and all taxes levied on the Consultant. In addition, the Consultant shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Consultant agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Consultant.
9. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
--. ordinance, rule, order or regulation, or of any governmental rule or regulation now in
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9/24/2013 16.E.9.
effect or hereafter enacted or adopted. In the event of such violation by the Consultant
or if the County or its authorized representative shall deem any conduct on the part of
the Consultant to be objectionable or improper, the County shall have the right to
suspend the contract of the Consultant. Should the Consultant fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty -four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Consultant further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
10. TERMINATION. Should the Consultant be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
for convenience with a thirty (30) day written notice. The County shall be sole judge of
non - performance.
In the event that the County terminates this Agreement, Consultant's recovery against
the County shall be limited to that portion of the Contract Amount earned through the
date of termination. The Consultant shall not be entitled to any other or further recovery
against the County, including, but not limited to, any damages or any anticipated profit
on portions of the services not performed.
11. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination .-.
as to race, sex, color, creed or national origin.
12. INSURANCE. The Consultant shall provide insurance as follows:
A. Commercial General Liability Coverage shall have minimum limits of $1,000,000
Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Consultants,
Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and
Employee Non - Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000 for
each accident.
D. Professional Liability: Shall be maintained by the Consultant to ensure its legal
liability for claims arising out of the performance of professional services under this
Agreement. Consultant waives its right of recovery against County as to any claims
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under this insurance. Such insurance shall have limits of not less than $2,000,000 each
claim and in the aggregate.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Consultant during the duration of this Agreement. The Consultant shall
provide County with certificates of insurance meeting the required insurance
provisions. Renewal certificates shall be sent to the County ten (10) days prior to any
expiration date. Coverage afforded under the policies will not be canceled or allowed to
expire until the greater of: ten (10) days prior written notice, or in accordance with
policy provisions. Consultant shall also notify County, in a like manner, within twenty -
four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or
material change in coverage or limits received by Consultant from its insurer, and
nothing contained herein shall relieve Consultant of this requirement to provide notice.
Consultant shall ensure that all subConsultants comply with the same insurance
requirements that he is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any
claimed breach of this Agreement by Consultant, any statutory or regulatory violations,
or from personal injury, property damage, direct or consequential damages, or
economic loss, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Consultant or anyone employed or utilized by the Consultant
in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise
may be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13.1 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of
the Consultant, County and any indemnified party. The duty to defend arises
immediately upon presentation of a claim by any party and written notice of such
claim being provided to Consultant. Consultant's obligation to indemnify and defend
under this Article 13 will survive the expiration or earlier termination of this
Agreement until it is determined by final judgment that an action against the County or
an indemnified party for the matter indemnified hereunder is fully and finally barred
by the applicable statute of limitations.
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14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the IT Department. r`
15. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Consultant further represents
that no persons having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS CONTRACT This Contract consists of the following
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Exhibit A Scope of Services, Exhibit B Fee Schedule, Consultant's Proposal,
Insurance Certificate, RFP #13 -6015 SAP Consulting Services, Specifications/ Scope of
Services and Addenda.
17. SUBTECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part
III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of ^
the following consequences: a. Prohibition by the individual, firm, and /or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or
firm for cause.
19. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Consultant is formally acknowledging without exception or stipulation that it is
fully responsible for complying with the provisions of the Immigration Reform and
Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto,
as either may be amended. Failure by the Consultant to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have
the discretion to unilaterally terminate this agreement immediately.
20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
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22. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to
this contract in compliance with the Purchasing Policy.
23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Consultant with full decision - making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Consultant with full decision - making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
24. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
25. CONTRACT STAFFING: The Consultant's personnel and management to be utilized
for this contract shall be knowledgeable in their areas of expertise. The County reserves
the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the contract. The Consultant
shall assign as many people as necessary to complete the required services on a timely
basis, and each person assigned shall be available for an amount of time adequate to
meet the required service delivery dates.
26. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Request for Proposal (RFP) and /or the
Consultant's Proposal, the Contract Documents shall take precedence.
27. ASSIGNMENT: Consultant shall not assign this Agreement or any part thereof, without
the prior consent in writing of the County. Any attempt to assign or otherwise transfer
this Agreement, or any part herein, without the County's consent, shall be void. If
Consultant does, with approval, assign this Agreement or any part thereof, it shall
require that its assignee be bound to it and to assume toward Consultant all of the
obligations and responsibilities that Consultant has assumed toward the County.
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IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
M
Dated:
(SEAL)
First Witness
TType /print witness nameT
Second Witness
TType /print witness nameT
Approved as to Form and Legali :
Assistant County Attorney
Print Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Georgia A. Hiller, Esq., Chairwoman
Labyrinth Solutions, Inc. d/b /a LSI
Consulting
Consultant
By:
Signature
TType /print signature and titleT
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Exhibit A
Scope of Services
Agreement 13 -6015 SAP Consulting Services
Description of Services
9/24/2013 16.E.9.
This Agreement is to provide professional consulting services for support and implementation of SAP
related projects. A primary objective of this Agreement is to engage the Consultant to mentor and assist
County personnel and the participating Agency with current and future projects. Services shall be
provided to all County Agencies, including but not limited to: All County Divisions, the Airport Authority,
CRAs, and including the Clerk of Courts and other Constitutional Offices.
The County intends to:
• Contract with one or more Consultants for SAP consulting services.
• Allow the selected Consultants to employ subcontractors /subconsultants; however, final
determination of the selected Consultants/individuals will reside with the Collier County project
managers for each work assignment.
• Retain the right to select and / or disqualify Consultants, their employees or their
subcontractors /subconsultants, assigned to each work assignment at its discretion for reasons
including but not limited to their qualifications, experience, and their ability to interact
effectively with County staff, their perceived productivity, and their ability to transfer knowledge
to County staff.
The County may be interested in, but not limited to, executing the following general types of projects,
upgrades, or installations:
• Support of existing modules — not just projects.
• Guidance on future -state needs and /or environment.
• Upgrade either to 7.1 or do a new install of Solution Manager 7.1.
• Implement Charm (Change Management) and Transport Management within the Solution
Manager environment at some date.
• SAP Java Web Server may expand in the future for Dolphin users.
• The County is researching options to upgrade its SAP systems OS and DB from Windows
2003 /SQL 2005 to Windows 2008 /SQL 2008 R2 or Windows 2008 /SQL 2012.
• Upgrade its SAP systems NetWeaver kernel from 7.0 to either 7.1; 7.2; or 7.3.
• Upgrade ADS (Adobe Document Server).
• Upgrade SAP systems to the current SAP Enhancement pack at some date.
• Guidance on patch levels for Java servers (Adobe Document Server, SLD Server, Solution
Manager Server, etc) as required for compatibility with the patch levels of the ERP servers.
• The County intends to build a new SAP Training environment.
• Looks to minimize the number of SPAU entries encountered.
• Update SAP ECC systems with RSECNOTEs.
• Eliminate DBIF_REPO— SQL_ERROR messages received.
• Assistance in cleaning up problematic transports and repairs.
• Performance tuning with ST02- SAPPFPAR.
• Clean -up outstanding SSCR registered objects.
• SAP Portals
• SAP Archiving of data
• SAP Business Warehouse / Business Intelligence
• SAP Webgui
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• New General Ledger migration
• Grants Management enhancements
• FI Workflow (Intergovern mental Charges)
• Capital Asset Management Functions
• Project Management
• Treasury Management
• Asset Management interface project maintains additional security on the County's "Services
for Objects" attachments due to HIPAA and confidential documents.
• Change Management (how people interact with new business process established)
• Miscellaneous (time and materials) billing functionality for departments rollout
• Human Resource specific projects may include, but are not limited to:
• Employee Self Service /Manager Self Service
• Payroll and Time Management
• OM (Organizational Management) HR workflow
• Compensation
• Link information from Qualifications Catalog to Talent Management
• Purchasing specific projects may include, but are not limited to:
• Contract Lifecycle Management
✓ Improve Contract Management process to reflect the changing nature of contract
lifecycles; from creation, to collaboration, to compliance.
✓ Generate contracts from approved contract templates and clause libraries.
✓ Reduce risk and protect the bottom line with standardized language and contract
visibility.
✓ Securely retrieve contracts from the entire repository with powerful search options.
• Supplier Relationship Management
✓ Gain competitive edge by automatin 9. simplifying and accelerating procure-to-pay
Y
processes for goods and services.
✓ Generate sustainable savings by standardizing and centralizing procurement
processes.
✓ Achieve greater visibility into supplier relationships and performance.
✓ Best way to enter one time vendors but still maintain for tax reporting.
• Workflow Changes
✓ Eliminate the need for requisitions.
✓ Allow creation of purchase orders from contract with workflow.
• Vendor Master
✓ Redaction of sensitive information (such as Social Security numbers).
The Consultant will have the ability to perform the following services associated with the project,
upgrade or integration and complete the execution within the approved budget and timeline in
accordance with the requirements of each specific work assignment, including but not limited to:
Develop proposal scope of work for identified work assignment to include numbers of hours,
costs, resources, equipment, timeline, etc.
Prepare project milestones and a project plan that includes the following:
• Blueprinting
• Initial configuration and set -up in sandbox
• Configuration in development environment
• Development of test scripts with County
• Testing and acceptance in development environment
• Migration to QAS
• Testing and acceptance in QAS
• Development of training materials including "train the trainer" transfer of knowledge
• Migration to production
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o Post production support
• Negotiate and adjust proposal as directed by the County project managers.
• Implement the proposal to the agreed upon timeline and cost, in consultation with the County
project managers.
• Apply configurations to the Sandbox environment with the appropriate Collier County
personnel oversight and getting trained.
• Appropriate documentation will be created and submitted to comply with our Change
Management requirements.
• Configuration and /or program changes will be checked and tested by the proposer and Collier
County testing team, where the required testing documentation will be created and submitted
to comply with our Change Management requirements.
• Once fully tested, both for the need and the negative testing has occurred, the SME for the
change will be approved so the transport can be moved to QAS, which will be done by the
appropriate Collier County migratory.
• Support software functional testing, and refine the Development and QAS environments and
technical documentation as needed to meet functional requirements.
• Assist Collier County personnel to prepare training material and train the user acceptance
testing team.
• Support user acceptance testing, and refine the technical documentation as needed.
• Conduct user training using a "train the trainer methodology ", train the SME and train the
Administrator.
• Provide Training
g on stem y (provide optional pricing for onsite training).1Prepare cutover plan
and submit final technical documentation.
• Once fully tested, both for the need and the negative testing has occurred, the SME for the
change will approve so the transport can be moved to PRD, which will be done by the
appropriate Collier County migratory. -Post Production support needs.
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Exhibit B
Fee Schedule
Agreement 13 -6015 SAP Consulting Services
Hourly Rate Ranges*
Professional Position Hourly
Rate Rancie
Project Manager
$185-$195
Sr. Analyst
$170-$180
HR/Time /Benefits /Payroll Analyst
$160-$170
Sr. Fl/FM /CO /PS /MM Analyst
$170-$180
FI /FM /CO /PS /MM Analyst
$160-$170
Sr. Workflow Analyst
$160-$170
Workflow Analyst
$160-$165
Sr. ABAP/WebDynPro /Adobe Analyst
$150-$160
ABAP/WebDynPro /Adobe Analyst
$140-$150
Sr. Basis/Technology Analyst
$160-$170
Basis/Technology Analyst
$150-$160
Sr. GM Analyst
$170-$180
GM Analyst
$160-$170
Trainer /Change Mgmt Position
$160-$170
• Hourly rates within a range are dependent upon the complexity of the work assignment, and
will be determined by the requirements of each work assignment.
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