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HomeMy WebLinkAboutContract 30077 DITY SECRETARY- ONTRA CT NO. Accela VelocityHall® USER SERVICES AGREEMENT This Agreement is made by and between Accela, Inc. ("Accela") a California Corporation, which has it principal place of business at 4160 Dublin Blvd, Suite 128, Dublin, California 94568, and the City of Fort Worth ("Agency"), a home-rule municipal corporation, which has its principal place of business at 1000 Throckmorton Street, Fort Worth, Texas 76102 ("Agency Site"). Recitals A. Agency is a home-rule municipal corporation located in Tarrant, Denton, and Wise Counties, Texas, that receives applications for and issues building permits through its Development Department. B. Accela is the developer of a system that allows such building permits to be applied for and issued via the Internet through the use of Accela VelocityHall and processed on the Agency's Accela Permits Plus database. ("the Agency System"). C. This Agreement describes Accela's services ("Accela System"), the Agency's responsibilities, and the terms and conditions under which Accela agrees to: 1) provide the Accela System described herein; 2) allow use of Accela's VelocityHall, and Documentation Materials for usage; and 3) create and provide Web-Enabled Permit Activity Types that will be installed on the Agency's computer system at the Agency Site. Agreement The parties agree as follows: 1. Description of the Accela System. Accela agrees to accept over the Internet certain permit applications in accordance with "Appendix A, Web-Enabled Permit Activity Types" from individuals and entities who seek building permits from the Agency. Accela agrees to process those applications in accordance with standards and procedures established by the Agency and agreed to by Accela. Accela agrees to issue permits for qualifying applications in accordance with the Agency's policies and procedures, as established by Agency at the commencement of Accela's implementations services. If, due to a change in policy, law, rule, ordinance, regulation, or lawful court order, the Agency changes its procedures for the issuance of permits subsequent to the commencement of Accela's implementation services, the Agency shall notify Accela of such changes. If additional professional services are required to implement such changes, said professional services will be separately quoted and charged to Agency at Accela's then-current consulting rates. To accomplish such services, Accela will procure, pay for, and install necessary hardware dedicated to the services to be provided hereunder and will create and install provided Web-Enabled Permit Activity Types on the computer system operated by Agency. See "Appendix A, Web-Enabled Permit Activity Types." Accela agrees that no installations will be conducted under this section without the consent of the Agency, which consent will not be unreasonably denied. Agency shall have the option to create its own permits using VelocityHall software and "Permits Plus." Agency agrees that Permit Activity Types may be added or del consent of the parties. 2fj`;j ';� Ii5U1 Vch.user.agrmtjt.5.12.00/pennitsplus Services Agreement Page 2 of 17 2. Permits. Accela agrees to process requests for information from the Agency's Accela Permits Plus database, schedule inspections, and query permit and inspection status over the Internet for permit applications submitted by individuals and entities seeking permits from the Agency. Information inquiry, status inquiry, and inspection processing will conform with standards and procedures established by the Agency at the commencement of Accela's implementation services and agreed to by Accela in support of the Web-Enabled Permit Activity Types. Both parties may,by written consent, agree to change the standards and procedures relating to such inquiries and inspection processing. 3. Proprietary Rights. The Accela System, including VelocityHall and the Documentation Materials, are proprietary materials and contain trade secrets, including unpublished specifications. In exchange for the services provided hereunder and the rights granted herein, Agency agrees to utilize its best efforts to protect and maintain in confidence the Accela System, including VelocityHall, all Documentation Materials, and other information delivered or provided by Accela pursuant to this Agreement. All right, title, and ownership interests in patents, trademarks, copyrights, trade secrets, know-how, or any other proprietary rights in the Accela System will remain exclusively the property of Accela. 4. Confidentiality. Agency and its employees and/or agents shall not sell, transfer, lease, lend, assign, time-share, sub-license, publish, disclose, display, or otherwise make available to any other person or entity, the Accela System or any portion thereof, in any form, including, but not limited to, flowcharts, logic diagrams, object code, source code, or technical documentation without the expressed, written consent of Accela. Agency shall secure and protect the Accela System in the same manner and to the same degree it protects its own proprietary information, using no less than a reasonable standard of care recognized within the state of Texas. Accela understands and acknowledges that the Agency is a public entity under the laws of the State of Texas, and as such, all documents held by the Agency are subject to disclosure under Chapter 552 of the Texas Government Code. If Agency is required to disclose any documents that may reveal any Accela proprietary information to third parties under the Texas Government Code or by any other legal process, law, rule or judicial order by a court of competent jurisdiction, Agency will utilize its best efforts to notify Accela prior to disclosure of such documents. Agency agrees to restrict access to the Accela System to those persons within its organization who have a need to know for purposes of system operation, maintenance, and support. Agency agrees to inform its employees of Agency's obligations under this paragraph and to enforce rules and procedures that will prevent any unauthorized disclosure or transfer of information. 5. System Operation. To ensure that VelocityHall and Documentation Materials meet the functionality as identified in its accompanying documentation, system performance and reliability standards,and system maintainability standards, Agency will provide a contact person within the Agency for operation of the Accela System. Such individual will complete and forward relevant information or issues with the Accela System at the request of Accela. Agency will maintain all materials and specifications in confidence and will not disclose details pertaining to the Accela System,including,but not limited to,VelocityHall,Documentation Materials,or specifications to any third party,unless required to do so in accordance with a ruling by the Te'=di.e,tion. Accela or any other legal process, law, rule, or judicial order by a court of competent will provide support services to the agency. Standard Agency support service Services Agreement Page 3 of 17 VelocityHall and Documentation Materials under the VelocityHall "Maintenance Support Agreement, attached as Appendix D." 6. Access to Agency Database and Limitation of Liability. Agency understands and acknowledges the following: a. Accela will utilize all reasonable means to protect and preserve Agency's database, including the use of a Virtual Private Network for the transmission of Agency's data. See "Appendix B —Technical Specifications." b. Agency grants access to Agency's databases. VelocityHall accesses Agency's databases to process activities within Agency's system and inserts new data into Agency's databases that is related to the permit applications received by Accela. Information from the Agency's databases will be transmitted to Accela's VelocityHall web interface. Agency grants to Accela the right to review and utilize any public information contained in Agency's permitting databases and Accela reserves the right to transmit data contained on the Acccla System to third parties upon prior written consent of Agency. No confidential information from Agency's databases generated under the terms of this Agreement will be shared with third parties without prior written authorization of the person or entity whose confidential information is sought to be disclosed. Accela agrees that it will not copy, reproduce, sell, resell, store, share or otherwise utilize any information it gains through access to Agency's system for any commercial means. c. Changes. For all required changes to Agency's database, Accela agrees to comply with Agency's Change Management Process outlined as follows: i) Accela agrees to give Agency a minimum of seventy-two (72) hours notice for any change; such notice must be received by the Agency during Agency's normal business hours, 8 a.m. to 5 p.m. central standard time; ii) Accela must submit a written summary of the change event to the Agency; iii) Accela must submit and itemization of the changes to the Agency, and iv) Accela must submit a Test Plan and Back Out procedures for the change event; V) If the change requires the Agency to alter its policies or standard business practices and procedures, Accela agrees to provide Agency with six (6) months written notice of the change, along with Accela's process and procedures for functional changes. vi) In the event Agency is required to make a change to its database due to changes in the laws, orders, rules, regulations or ordinances that govern the Agency, Accela agrees to provide Agency with Accela's process and procedures for functional changes. vii) Accela agrees that no changes of any type will be made to Agency's database without Agency's acceptance of the change pn a this Change Management Process. Services Agreement Page 4 of 17 7. Warranties. It is the intent of the parties herein to provide an effective disclaimer of all express and implied warranties with respect to the Accela System and the provided Web-Enabled Permit Activity Types. No statement of fact, promise, representation, affirmation, or other indication has been made with respect to the quality of the Accela System and provided Web-Enabled Permit Activity Types. Agency has not relied on any statements or representations concerning the Accela System or the provided Web-Enabled Permit Activity Types. All issues of performance and maintenance will be adhered to according to the"Maintenance Support Agreement attached as Appendix D." Any modification of this agreement that relates in any way to a warranty must be in writing and signed by Accela and the Agency; otherwise the purported modification will be null and void. 8. Changes to Web-Enabled Permit Activity Types. Accela and the Agency agree that the Accela System and provided Web-Enabled Permit Activity Types will be used only for activities under this agreement. Accela reserves the right to make any changes it deems necessary or desirable to the Accela System and the provided Web-Enabled Permit Activity Types, to improve functionality, performance, or serviceability, at no additional cost to the Agency. Accela agrees to give Agency a minimum of seventy-two (72)hours notice, or notice that is reasonable under circumstances beyond Accela's control, in the event such a change is made. 9. Liability. Accela shall not be liable to the Agency or any third party for failure to issue a permit created by the Agency or any entity other than Accela, unless such failure is due to Accela's intentional misconduct or malfeasance. However, Accela will use its best efforts to contact the issuing Agency to ensure that the proper permit is issued within forty-eight (48) hours. Accela is responsible for failure to issue a permit created by Accela, and must comply with the"Maintenance Support Agreement, attached as Appendix D." Agency shall ensure the propriety of any permit issued by the Accela System by implementing a follow-up inspection process or posting of a certificate of occupancy or any other similarly named document in accordance with Agency's then current standards, policies and procedures. 10. Convenience and Processing Fees. Convenience and processing fees are to be paid in accordance with "Appendix C, Payment Terms." If Agency accepts, or has the ability to accept, credit cards as payment for issuance of its permits, Agency shall either establish a new credit card merchant account through Accela's turnkey merchant account through an Accela-selected credit card processing company or work with Accela to integrate the VelocityHall billing system into Agency's existing merchant account. Payment of credit card transaction fees, if any, will be the sole responsibility of Agency. If Agency establishes a merchant account through Accela, the Accela selected credit card processing company will set the credit card transaction fees to those fees which have been negotiated on behalf of all Accela customers. If Agency uses an existing merchant account, credit card processing fees shall be negotiated solely between Agency and its own merchant bank or credit card processing intermediary. Agency reserves the right to change to another standard and Accela VelocityHall-supported payment processing system at any time without penalty. Agency agrees to provide Accela with thirty (30) days written notice upon such change. 11. Provide Web-Enabled Permit Activity Types and Hardware. Accela w ll provideand install,at no additional charge to Agency, the following components to be used during the term of this Agreement: Services Agreement Page 5 of 17 a. Hardware. i) Firewall and VPN. A custom Netspect® firewall and VPN device for the exclusive use of Accela in handling and directing Agency information through VelocityHall. No other use of this equipment is allowed. ii) Server. An Application Server for the exclusive use Accela in processing VelocityHall information. No other use of this equipment is allowed. iii) Hub. Com 10/100 8 port (Hub or Switch) or equivalent. No other use of this equipment is allowed. b. Software. The following software will be installed on the Accela System Application Server at the Agency Site, and Accela will maintain the license rights to these applications: i) ASP pages for the application ii) COM Objects under MTS (e.g. Provided Web-Enabled Permit Activity Type and fee structure interface) iii) Windows NT Server and associated software iv) FrontPage Server Extensions v) Visual InterDev Server Components c. VelocityHall Web Interface. Accela will create a building professional web interface to be used to access Agency's databases. Accela retains all rights to make changes to the VelocityHall web interface. d. Provided Web-Enabled Permit Activity Types created by Accela. Accela will create and install provided Web-Enabled Permit Activity Types (compositions or workflows) on Agency's System applicable to the permits to be issued by Accela System. Such Web-Enabled Permit Activity Types will be modified to the Agency's specifications in terms of fee structures, inspections, and other information necessary for the functioning of VelocityHall. e. Changes. Agency agrees to responsibly maintain such provided Web-Enabled Permit Activity Types in good working order. Agency may make modifications or changes to such Permit Activity Types provided that Agency utilizes Accela System and VelocityHall's procedures and protocols. Agency will provide Accela with thirty (30) days written notice of any changes or modifications that Agency desires to make under this section. Accela agrees to provide Agency with Accela's change management processes and procedures within ten(10)days of receipt of Agency's original notice of intent to make modifications. Ey " �) �'�G Services Agreement Page 6 of 17 12. License to use provided Web-Enabled Permit Activity Types. Accela hereby grants, and Agency hereby accepts, a non-transferable, royalty-free, non-exclusive license to use any provided Web-Enabled Permit Activity Types created by Accela for the term of this agreement. Agency reserves the option to purchase additional licenses from Accela upon expiration of this Agreement. 13. On-site Maintenance and Support. During the term of this agreement, Agency will receive upgrades, enhancements,telephone, and on-site support, as necessary, for VelocityHall without charge under the"Maintenance Support Agreement, attached as Appendix D." 14. Effective Date, Term and Renewal. The effective date of this agreement shall be the date of execution by both parties. The term of this agreement shall be three (3) calendar years from the date of execution. 15. Renewal. Agency shall have the option to renew this agreement for a period of two (2) years after the date of its expiration, with such changes and modifications being made upon written consent of both parties. 16. Assignment. Accela agrees to give Agency thirty (30) days written notice upon any change in support or assignment of rights and responsibilities. 17. Termination of Agreement. Following the initial acceptance period referenced in Appendix C, section 2 (a), either party may terminate this Agreement upon one hundred eighty (180) days written notice to the other party. If Agency terminates, Agency agrees to pay Accela any remaining balance due for services rendered in accordance with this Agreement through the effective date of termination. Upon termination by Agency, and prior to final payment, Accela agrees to provide Agency with a detailed invoice for services rendered. Accela may terminate this agreement for sixty (60) days' nonpayment of fees pursuant to the Payment Terms or Maintenance Support Agreement, attached as appendices hereto. a. Agency acknowledges and agrees that all components created, supplied, or installed by Accela are, and will remain, the property of Accela and that, upon termination of this Agreement, Agency will return such components to Accela. In the event of termination, Agency has the right to return all components subject to this provision via standard shipping procedures, including packaging and insurance. If necessary, and at the request of the Agency, Accela agrees to retrieve and decommission all such components at a time and place reasonably designated by the Agency. Agency reserves the option to purchase such components subject to the terms and conditions hereto upon agreement of both parties. b. Upon termination of this Agreement, Agency shall return all Accela hardware, destroy all provided Web-Enabled Permit Activity Types, delete any Activities created by Accela or by VelocityHall from Agency's System and return to Accela all Docume_ ntatiir Materials. AGENCY SHALL THEN CERTIFY IN WRITING'TO AECELA THA' THE ABOVE STEPS HAVE BEEN TAKEN. Agency will retain all records and/ data relating to actual permits issued or in the process of being issued. - - 18. Venue and Jurisdiction. This Agreement shall be governed by the laws of the state of Texas Services Agreement Page 7 of 17 without regard to any conflict of law provisions. Jurisdiction for any claims that may arise shall lie in Tarrant County, Texas. 19. Severability. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, the unenforceability of any provisions shall not affect the enforceability or validity of any other provision of this Agreement. 20. Construction. The parties acknowledge and agree that each party and its counsel have reviewed and revised this Agreement, and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or attachments hereto. 21. Indemnification. ACCELA AGREES TO INDEMNIFY,DEFEND,AND HOLD AGENCY,ITS AGENTS, OFFICERS,AND EMPLOYEES HARMLESS FROM AND AGAINST ALL LOSES, CLAIMS, COSTS AND EXPENSES, INCLUDING ATTORNEY'S FEES AND COSTS, ARISING OUT OF OR RELATING TO ACCELA'S USE AND OR ACCESS TO AGENCY'S DATABASE. 22. Entire Agreement and Amendments. This Agreement and the attached appendices,which are incorporated herein by reference, constitute the sole and entire agreement of the parties as to the matter set forth herein and supersede any previous agreements, understandings, and arrangements between the parties relating hereto. Except as otherwise expressly provided herein, any amendment to this Agreement must be in writing and signed by an authorized representative of each party. 23. Authorized Signatures. The parties hereto have executed this Agreement and intend it to be effective, valid, and binding upon the parties as of the date below as executed by their duly authorized representatives. 24. Security Audits. Accela agrees that the Accela System and all components,hardware, software, documentation and materials associated with the performance of Accela's duties under this Agreement will be subject to annual security audits by the Agency. Agency agrees to give Accela thirty(30)days written notice prior to performing such audit,unless such audit is necessitated by an emergency as determined by the Agency,judicial order issued by a court of competent jurisdiction, or by events beyond the control of the Agency. 25. Force Majeure. It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such requirement shall be extended for a periome t®-1he eriod such party was delayed. LR L��.o Services Agreement Page 8 of 17 [Signature Page Follows] Services Agreement Page 9 of 17 EXECUTED in multiple originals on this, the �� day of iarr`'~ —, 200A . ATTEST: CITY OF FORT WORTH L . e�� /��lo Ra�'Tod? ity ecretary Assistant City Manager By: ult ciC lo v e(— By: aud O APPROVED AS TO FORM AND LEGALITY: David L. Yett City Attorney B ' — Assistant Ci ttorney M&C: / —r Date: V ACCELA, INC. Name: Title: k r�t�r t,a�c ✓O`y c��~`� S S By: Date: Services Agreement Page 10 of 17 APPENDIX A Web-Enabled Permit Activity Types To ensure continuity, Accela agrees to use its best efforts to ensure that the established permit web page is similar in color scheme and design and not inconsistent with Agency's then current web page. All color schemes and designs in relation to the appearance of the web page for all purposes under this Agreement will be subject to the approval of the Agency. The Permit Activity Types will include the following: Permit Name Composition Type 1. Building Permit P_BUILD 2. Electrical Permit P ELEC 3. Garage Sale Permit GARAGE 4. Mechanical Permit P MECH 5. Plumbing Permit P_PLMB 6. Plumbing Backflow Permit P PBFL 7. Plumbing Gas Permit P_PGAS 8. Plumbing Sprinkler Permit P_PSPR Services Agreement Page 11 of 17 APPENDIX B Technical Configuration VelocityHall is built on a three-tier architecture with a data layer,application layer, and presentation layer. The three-tier architecture ensures that the interaction into the permitting agency's databases and permitting system is robust,load-balanced, and secure. C�lijent Internal Network cum camv fit Seer DEmall MZ Internet Client client ctiwrt PC PC PC Client FirewalYRouler VPN ------------ (Encrypted,Sec Corrrrc0oq) Hu ch 4A=ccetaxom _l Database Server Qt Acwla FlmwniMN Acala Application SoMr Contractor Contractor Ac W.Hvtsm IdSsro Hardware to be PC PC Added to CINnYe lNtrrak Application server could be omitted N sourODS krtaNallan,depends on Data Layer the lots'.. server speed a capability. The data layer is the agency's databases and permit automation system. By using ODBC-compliant database technologies,VelocityHall quickly and efficiently interacts with the agency permit automation system and databases to search,retrieve,and insert data. Application Layer The application layer resides within the agency's firewall and provides the interface between the presentation layer and the data layer. The layer contains the Web application server running on NT and the business rules and logic enabling the heterogeneous data structures to interact with the Presentation layer. To optimize performance of the database engine,the application layer will run on an additional, separate. Presentation Layer The presentation layer is a Web-based front-end application that is hosted at Qwest Communications, a Tier-1 hosting facility. This layer provides the user-friendly graphical user interface(GUI)that the permitting public uses to interact with the agency's services. Virtual Private Network(VPN) The presentation layer interacts with the application layer through a secure, encrypted VPN utilizing an innovative XML communication protocol compliant with Microsoft's Data Object Model. This proven SSL level 3, 128-bit encryption technology is utilized by Fortune 10000 companies worldwide to connect disparate offices,customers,and suppliers and provides agencies with peace of mind regarding the security of their data and permitting systems. Accela installs as apart of Services Agreement Page 12 of 17 VelocityHall a Netspec firewall and VPN hardware device to secure and encrypt external traffic into the agency's permitting system and to avoid the agency's current network configuration. Services Agreement Page 13 of 17 APPENDIX C Payment Terms 1. Compensation. The amount to be paid to Accela by the Agency for all services performed hereunder shall be $73,405.00,hereinafter called "Contractor's Usage Fee."The Contractor's Usage Fee shall include all expenses incurred by Contractor in the accomplishment of all items listed under the terms of this Agreement. 2. Payment Schedule. Contractor's usage fee is to be paid under the following terms: a) Contractor's usage fee for the first year is to total $43,405.00 i. 50%of the first year payment in the amount of$21,702.50 will be paid within ten (10) days of execution of this agreement by both parties; ii. 25% of the first year payment in the amount of$10,851.25 will be paid upon completion of the installation and setup services described herein; M. 25%of the first year payment in the amount of$10,851.25 will be paid upon completion of acceptance testing and written acceptance by the Agency, thirty (30) calendar days following completion of the installation and setup services referenced above, or upon first use of the system in a production environment to conduct the Agency's customary business activities, whichever first occurs. Accela agrees to provide Agency with the Lock Holds and Notice functionality and Approval viewing capabilities for VelocityHallTM. Functionality shall be operationally tested and accepted by Agency prior to the scheduled "go live"date. The final 25% first year payment will be contingent upon Agency's acceptance of the functionality testing. b) The second year payment in the amount of$15,000.00 will be paid one (1) calendar year following the date determined in item 2(a)(iii) above. c) The third year payment in the amount of$15,000.00 will be paid two (2) calendar years following the date determined in item 2(a)(iii) above. 3. User's or Permittee's Fee. Accela agrees that it will not make any attempts to seek to recover its costs under this agreement or in any other manner by charging use, convenience and/or processing fees to contractors, building professionals, or others seeking to obtain permits from Agency by use of VelocityHall. 4. Renewal. In the event Agency desires to exercise its renewal option under Section 15 of this Agreement, Accela agrees that any increase in fees shall not exceed corresponding similar fees as determined in accordance with the National Consumer Price Index for the previous-11111el months from the date of renewal. 5. Incentives. Accela agrees to allow Agency a 10%reduction in the amount due under the Agreement for full payment of the Contractor's usage fee in either or both of the second or third Services Agreement Page 14 of 17 calendar years of the agreement, if payment is received at least thirty(30) days prior to commencement of that calendar year for the term of the Agreement. Services Agreement Page 15 of 17 Appendix D VelocityHall Maintenance Support Agreement 1. Products and Services Provided. a. Accela will backup, configure, maintain and troubleshoot Accela VelocityHall® and any hardware peripherals and software applications Accela has deployed for Agency. b. Accela will configure and troubleshoot all technology inquiries relating to Accela VelocityHall and any hardware peripherals and software applications Accela has deployed for the Agency. c. Accela will make its live Customer Resource Center("CRC") support available Monday through Friday, excluding observed holidays, between the hours of 6 a.m. and 6 p.m., Pacific Standard Time. Accela agrees to make its On-line Help continuously available. If Accela's standard procedures for troubleshooting, live CRC support, and on-line'support are insufficient to repair and or maintain any hardware peripherals and or software applications provided to the Agency by Accela under this Agreement, Accela agrees to provide on-site support at no additional cost to the Agency. d. Accela will follow and assign an appropriate severity level to Agency's error resolution requests according to the priority schedule below. e. Accela will repair or replace, at its sole discretion, any equipment that it owns or has provided to Agency, including the gateway server at Agency's site. Accela will follow Agency's most current change management process when introducing new software and or hardware, system updates, or repairs that affect or can affect the City's network. (Such change management process can be provided by the Agency upon Accela's request) 2. Priority Schedule. a. Priority 1: Response within thirty (30)minutes time (Critical Issue-Complete Outage) updates will be provided every two (2) hours until resolved. b. Priority 2: Response within two (2) hours time (Productivity effecting issue) updates will be provided every twenty-four(24) hours until resolved. c. Priority 3: Response within three (3) weeks time (Bug or nuisance issue, report changes, etc), updates will be provided to the Agency every month until resolved. d. Priority I issues should be processed on an immediate basis during Agency's normal business hours and within one(1) hour after normal business hours. Normal business hours are defined as Monday through Friday, 8 a.m. to 5 p.m., central standard time, excluding observed holidays. e. Each response or update should include the planned corrective action and time frame for implementation and or resolution. f. Each response or update should be made by phone and emailed to e . contact J, , 71 w J11 ��i+ Services Agreement Page 16 of 17 3. Agency Responsibilities. a. Agency will submit.any error resolution requests either by telephone or e-mail to the CRC. Accela agrees to provide Agency with an email confirmation or faxed receipt and ticket number for issues submitted to Accela upon notification. b. Agency will provide a designated contact for resolution of each request and will advise the CRC of pertinent contact details, including name, extension, and department or division name. c. Agency will provide a clear description of the problem, including the number of people affected and or the nature and location of equipment affected. d. Agency and Accela will discuss the severity and priority of the error situation as detailed above. e. Agency will provide appropriate physical and or electronic access to its facilities and systems for Accela's personnel, if required, for the problem to be resolved. "Dial-In" support will be provided via the WebEx® Meeting Center environment or, in the case of the gateway server, a secure VPN connection to that server. f. Agency will establish all department-specific application logons. 4. Accela Responsibilities. a. Accela will adhere to the Change Management Process pertaining to all changes to the system. i) Accela will give seventy-two (72) hours notice for all system unavailability due to non-emergency issues. Notice must be received during the Agency's normal business hours, 8 a.m. to 5 p.m. central standard time. ii) Accela will give five (5) business days notice for all network,hardware infrastructure or software and database changes. Accela agrees that changes to VelocityHall by Accela will be compatible with the current version of Accela Permits Plus in operation on the Agency's database. Accela will contact the Agency not less than one-hundred (180) days prior to implementing changes that require the Agency to make changes to the Agency's current Permits Plus system. b. Accela will log all written, telephoned or e-mailed error resolution requests into its standard tracking system. c. When necessary, Accela will ensure Agency's requests are properly escalated within Accela's organization and will notify Agency in a timely manner of such escalation(s). To resolve a request, Accela will first attempt to troubleshoot from the CRC. If the cause can be determined, the request will be resolved by either the CRC or by another appropriate Accela department. If the cause cannot be determined, the request will be escalated to Accela's engineering department. d. Accela will follow up with Agency in accordance with the Priority Schedule above. e. Accela will ensure its support staff has received formal and informal training for Accela VelocityHall and any other hardware peripherals and software ap ons-c g4"ed f the Agency by Accela. f. For all system unavailability, Accela will notify the Agency within one(1)hour of all status changes and updates. Services Agreement Page 17 of 17 g. Accela will adhere to its "Facility Interruption and Emergency Manual" in the event of an outage. Accela will provide Agency with its most current manual upon execution of this agreement. If there is an unscheduled outage, Accela will e-mail or may place individual telephone calls to all of its clients. Accela will provide updates every thirty (30) minutes until its system is back online. Accela will also advise the Agency with a description of the cause of the problem and what corrective measures have been implemented. h. Accela will use its best efforts to provide a written quotation within five(5) business days of receipt of Agency's request for each paid service, modification, or enhancement proposed by the Agency. No oral request for modification or corresponding quote will be binding on either party. i. Accela will submit a written metrics report on a monthly basis for all calls with ticket number, priority, response time, and time for resolution. 5. Infrastructure Availability. a. Agency shall have ninety-eight percent (98%) network availability to Data Center, except for Accela's scheduled maintenance times. Accela shall give Agency twenty-four (24) hours notice of all scheduled maintenance times. If the occurrence of an emergency or an event beyond Accela's control causes the network to be unavailable, Accela shall immediately notify the Agency of such event and give a reasonable estimate as to when the network will be available. Network availability shall be measured on a monthly basis, as determined by the Agency. If unavailability is due to an emergency or an event beyond Accela's control, then such unavailability shall be reasonably measured by the Agency under the circumstances. b. In the event 98% network availability to Accela Data Center is not available during any given month, excluding scheduled maintenance times of which Accela has given the Agency proper notice, the Agency will receive a 3% credit (for each monthly occurrence) on current maintenance fee amount to be applied against the next calendar year payment period. c. Accela will perform and maintain daily routine backup service for servers at the Data Center. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/8/2004 DATE: Tuesday, June 08, 2004 LOG NAME: 06VELOCITYHALL REFERENCE NO.: **P-9964 SUBJECT: Sole Source Purchase of Permit Processing Software from Accela, Inc. for the Department of Development RECOMMENDATION: It is recommended that the City Council: 1. Authorize a sole source purchase agreement for the Velocity Hall permit processing software from Accela, Inc. for the Department of Development. 2. Authorize the agreement to begin June 1, 2004, and expire May 31, 2007. DISCUSSION: In July, 2001, the Development Department implemented a new permitting software program that replaced the former system which was based in the mainframe computer. The new Permits Plus system is contained within a client-based server. Acquisition and implementing of the new system was the first step necessary to enable the Department of Development to receive and authorize permits via the Internet. The Velocity Hall software is an add-on module to Permits Plus and it's designed to provide a seamless connection to our permitting system. Velocity Hall is a co-located, hosted solution, and will be maintained by the vendor (Accela, Inc.). The system is independent of any current or future Internet system plans of the City, and is (only) linked to the City's web site. Coordination with IT Solutions has occurred and they are in agreement with this purchase. By web-enabling Permits Plus, the Development Department will afford a significant number of customers the ability to apply for (and receive) permits via the Internet. Information is transferred to and from the system database in real time. This feature is necessary in order for customers and employees to view and work with current data. Any permit developed with the existing permit system (Permits Plus) could be obtained via the Internet (if authorized) with this improvement. Adding this capability to the existing permitting system should diminish the need for additional personnel as construction activities increase. Maintenance fees for the first year of the contract are $15,000 for year 1, $13,500 for year 2 and year 3. These maintenance fees are included in the purchase price of$73,405. MNVBE - A waiver of the goal for MNVBE subcontracting requirements was requested by the Purchasing Division and approved by the MNVBE Office because the purchase of goods is from a sole source that satisfies State of Texas Local Government Code, Section 252.022(A). Lo.oname: 06VELOCITYHALL Page I of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. BQN\\JFM TO Fund/Account/Centers FROM Fund/Account/Centers GG01 522500 0062000 $73.405.00 Submitted for City Manager's Office by: Reid Rector (6140) Originating Department Head: Bob Riley (8901) Additional Information Contact: Bob Riley (8901) Logname: 06VELOCITYHALL Page 2 of 2