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HomeMy WebLinkAboutContract 35728-A7 CSC No.35728-A7 SEVENTH AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO.35728 This Seventh Amendment to Fort Worth City Secretary Contract No. 35728("Seventh Amendment")is made between the City of Fort Worth("Fort Worth"),a municipal corporation and CourtView Justice Solutions,Inc. d/b/a equivant,a Delaware corporation. ("Company"). WHEREAS,on January 1,2007,the City entered into an Agreement with MAXIMUS Justice Solutions Division to provide application software support services(M&C G-15785,City Secretary Office(CSO)Contract No.35728)(the"Original Agreement"); and WHEREAS,on October 16,2009,the City entered into an amendment to CSO Contract No. 35728 with Company,which assigned all responsibilities under the Original Agreement from MAXIMUS,Justice Solutions Division to Company; WHEREAS,on January 1,2012,the City entered into a one-year renewal to CSO Contract No. 35728 with Company; and WHEREAS,on April 26,2012,the parties entered into an amendment to the Original Agreement via CSC 35728 Amendment No.2 to add e-citation software and maintenance,including baseline services; and WHEREAS,the Original Agreement was further amended via CSC 35728 Amendment No. 3 to include additional licenses,related maintenance and support; and WHEREAS,the Original Agreement was further amended via CSC 35728 Amendment No.4 to include project management and training related to CourtView Case Management software in an amount not to exceed$18,990.00,increasing the not-to-exceed amount of the contract to $1,586,769.32; WHEREAS,the Agreement was further amended via CSC 35728 Amendment No.5 to include additional software licenses and professional licenses in an amount no to exceed$95,334.64; and WHEREAS,the Agreement was further amendment via CSC 35728 Amendment No. 6 to include an additional scope of work for re-hosting services at cost of$26,793.00; and NOW THEREFORE,known by all these present,Fort Worth and Vendor,acting herein by the through their duly authorized representatives,agree to the following terms,which amend the Agreement as follows: 1. The Agreement is hereby amended by adding Exhibit C-2, attached to this Seventh Amendment, as Exhibit C-2 of the Agreement to revise the annual scope of work for a one-time cost of $16,654.00 2. Section 3,Compensation,is hereby replaced in its entirety with the following: Compensation. City shall pay Vendor an amount not to exceed One million, Seven Hundred and Twenty-Five Thousand, Five Hundred Fifty Dollars and 96/100 ($1,725,550.96) in accordance with the provisions of this Agreement and Exhibit`B,"Payment Schedule,which is attached hereto and incorporated herein for all purposes. [For each Renewal Term, the City shall pay the amount on a quote provided by Vendor which shall then be attached to the City's respective renewal form. OFFICIAL RECORD Seventh Amendment to Fort Worth City Secretary Contract No.35728 CITY SECRETARY Page 1 of 7 FT.WORTH, TX Annual support fees are subject to an increase not to exceed 5%.] Vendor shall not perform any additional services for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing.City agrees to pay all invoices of Vendor within thirty(30)days of receipt of such invoice. 3. All other terms, provisions, conditions, covenants and recitals of the Agreement not exp essly amended herein shall remain in full force and effect. [signature page follows] Seventh Amendment to Fort Worth City Secretary Contract No.35728 Page 2 of 7 CITY: City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration *dl1ol� of this contract,including ensuring all performance By; Valerie Washington(Sep 4,202010:46 CDT) and reporting requirements. Name: Valerie Washington Title: Assistant City Manager a Date: Sep 4, 2020 By: Mark•D boer(Aag 31,202011:34 CDT) Name: Mark Deboer Approval Recommended: Title: Interim Assistant Director,IT Solutions Approved as to Form and Legality: K� By: Name: Kevin Gunn Title: Director,IT Solutions 6N° oair1�4 By: Js Strong(Sep 4, 2010:40CDT) eF° %�a pp,,- °100 0 Name: John B. Strong Attest: pro a=d Title: Assistant City Attorney °°° °°° 7° Mall aa��aexaag4ap Contract Authorization: By: M&C: P-12285 Name: Mary J. Kayser Approved: 12/11/2018 Title: City Secretary 1295 Form: 2018-415991 SELLER: CourtView Justice Solutions, Inc. d/b/a equivant. By: 3 x-ale'�uae Name: Becl Kelderhouse Title: General Manager Date: 08/28/2020 OFFICIAL RECORD Seventh Amendment to Fort Worth City Secretary Contract No.35728 CITY SECRETARY Page 3 of 7 FT.WORTH, TX equivant C,,,tV,,,Justice Solutions Ins.d/b/a-iv— QUOTE Project: Fort Worth MC ePay License Prepared for: Quote Number: 10233 William Rumuly Date: February 11, 2020 Interim Court Director Valid Through: May 11,2020 Fort Worth,City of Client ID: FTWORTTX 1000 Throckmorton Fort Worth,Texas,76102 wi I I i am.rum u ly@fortworthtexas.gov ONE TIME COSTS Product Type Quantity Unit Price Subtotal Discount Extended Price Licenses: CourtView eServices ePay License 1 $14,770.00 $14,770.00 50.00% $7,385.00 Subtotal$7,385.00 Services: Professional Services-Technical Services Service 1 $6,240.00 $6,240.00 10.00% $5,616.00 Professional Services-Project Management Service 1 $1,170.00 $1,170.00 10.00% $1,053.00 Subtotal$6,669.00 Other: Estimated Total of One Time Costs,excluding applicable taxes:$14,054.00 RECURRING COSTS Product Product Type Quantity Unit Price Subtotal Discount Extended Pria Maintenance Maintenance 1 $3,250.00 $3,250.00 20.00% $2,600.00 Subtotal$2,600.00 Total First Year Recurring Costs,excluding applicable taxes:$2,600.00 4825 Higbee Avenue NW,Suite 101,Canton,Ohio 44718 1 Tel:800.406.4333 1 info@equivant.com equivant C,,,tVlew Justice Solutions Ins.d/b/a-iv— QUOTE ACCEPTANCE Project: Fort Worth MC ePay License Quote Accepted By: Signature: Valerie Washington(Sep 4,202010:46 CDT) Name: Valerie Washington Title: Assistant City Manager Date: Sep 4, 2020 Prepared By: Customer Contact: Gilbert Gonzalez Leah M. Michelle Huff Account Executive Assistant Director Phone: (210)240-3366 Phone: 817.392.6737 4825 Higbee Avenue NW,Suite 101 leah.huff@fortworthtexas.gov Canton,OH 44718 gilbert.gonzalez@equivant.com The attached terms and conditions are incorporated into this quote by reference. 4825 Higbee Avenue NW,Suite 101,Canton,Ohio 44718 Tel:800.406.4333 1 info@equivant.com Scope of Work equivant will: • provide project management services to schedule and coordinate the work to be performed by equivant. • review Customer host environment to ensure it meets equivant provided specifications-effort not to exceed two hours. • install current production release version of ePayment application in Customer's Test environment. • configure connection between ePayment application and CourtView database in Test environment. • setup ePayment user,screens,and dynalinks in CourtView. • Set up ePayment screens,dynamic buttons and associate with CourtView Users Security. • set up system parameters. • set up user-defined ePayment code tables(CC, CC Configuration,App Security/PA Profile). • set up ePayment user in CourtView application and database. • establish CC and CK Tender Types. • create ePayment option code(s). • configuration of equivant ePayment to operate with Customer provided nCourt gateway. • point internal ePayment link and files to Test environment for testing. • test baseline functionality of ePayment application in Test environment. • point ePayment link to Production environment and files once testing is completed. • provide ePayment Administrator Training-effort not to exceed two hours. • provide go-live support-effort not to exceed two hours. Customer will: • place ePayment link on Customer's webpage. Notes 1 Quotation must be signed and returned with a purchase order for activation of license(s), maintenance and scheduling of the 2 Delivery will be scheduled for the first available date at which equivant and Customer resources are jointly available. Should rescheduling be necessitated for any reason,the next available date at which equivant and Customer resources are both available will be scheduled. 3 Professional Services are quoted at a firm fixed price, but the level of effort is limited to the hours indicated in"Statement of Work"section. For those items for which the level of effort is limited, actual effort, costs and expenses may be less than or greater than those quoted. Customer shall have no obligation to pay equivant more than the quoted firm fixed price. equivant shall have no obligation to provide labor or incur costs or expenses having a combined value more than the quoted firm fixed price, even if the services for which the level of effort is limited have not been completed or the deliverables delivered,or the results expected by the Customer have not been achieved. The parties may by mutual,written agreement, increase the level of effort and quoted price.Changes in scope will require a change order to increase the firm fixed price based upon the additional level of effort required. 4 If project is cancelled prior to completion, all effort and travel-related costs expended through the date of cancellation will be due and payable. 5 Payment for License Fee is due upon contract execution. 6 First Year Maintenance and Support will begin, and payment will be due upon quote execution. 7 Payment term is net 30 days from invoice date. 8 equivant will invoice for Project Management services at the end of the first month in which project management services are first provided, and Technical Services upon completion of the baseline ePayment product installation in Customer's Test 9 Except as expressly modified here, License(s)are subject to the terms and conditions of the active license agreement. 10 Except as expressly modified here,Support and Maintenance is subject to the terms and conditions of the active support 11 equivant will invoice for prorated maintenance for the current maintenance year at 1/12th of the annual maintenance fee for each month of Maintenance&Support provided prior to the conclusion of the current maintenance year. 12 Customer is responsible for the host environment including all required licenses, hardware, network, SSL certificates and third party software components and configuration. 13 CourtView software will be installed on Customer provided equipment in the Customer's host environment per the provided "eServices Host Environment Considerations"document dated April 2018. 14 eAccess/ePay has been developed using generally accepted industry practices and standards and typically will function with most commonly used browsers. equivant has tested,and supports under the Maintenance Agreement,the use of the following browsers for use with eAccess: Microsoft Internet Explorer Version 11 or later, Google Chrome Version 43 or later and Mozilla Firefox Version 32 or later. The browser used,and the platform on which it is run, may effect the presentation of the user interface. Presentation anomalies that do not affect eAccess or ePay functionality may occur and are not considered defects. equivant does not test the use of eAccess with other browsers and issues caused by the use of a browser not listed above are not covered within the scope of the Maintenance Agreement. 15 Delays caused by Customer site or configuration issues may require rescheduling and/or Change Order for additional services and related travel costs. 16 Customer will make available all resources requested by equivant for assistance and approval. 17 All services are to be provided remotely. Should travel be requested or deemed to be required,a separate Change Order for estimated travel costs and travel time will be provided. 4825 Higbee Avenue NW, Suite 101, Canton, Ohio 44718 1 Tel:800.406.4333 1 info@equivant.com 18 A single eAccess portal can connect to,and extract data from, a single CourtView database. 19 eAccess is licensed for a single portal(regardless of whether the portal is public or authenticated), use of eAccess to support multiple portals is subject to additional license and support fees. 20 equivant will install ePayment into one existing eAccess test and one existing eAccess production environment. 21 The scope of work does not include any work related to the establishment, migration or maintenance of any replicated database. 22 This quotations assumes that the Customer will have executed a contract with nCourt for the payment gateway. 4825 Higbee Avenue NW, Suite 101, Canton, Ohio 44718 1 Tel:800.406.4333 1 info@equivant.com