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HomeMy WebLinkAboutContract 54719 CSC No. 54719 PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT("Agreement")is made and entered into by and between the CITY OF FORT WORTH("City"),a Texas home rule municipal corporation,acting by and through Valerie R. Washington, its duly authorized Assistant City Manager, and NashWest, LLC, (hereafter"Contractor"), an Ohio Limited Liability Corporation, and acting by and through Barbara Nash, its duly authorized President, each individually referred to as a"party"and collectively referred to as the "parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Professional Services Agreement; 2. Exhibit A—Scope of Services; 3. Exhibit B—Price Schedule; and 4. Exhibit C—Certificate of Insurance Exhibits A,B and C,which are attached hereto and incorporated herein,are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES. Contractor hereby agrees,with good faith and due diligence,to provide the City with professional services for database analysis and configuration. Specifically, Contractor will perform all duties outlined and described in the Scope of Services,which is attached hereto as Exhibit"A"and incorporated herein for all purposes, and further referred to herein as the "Services." Contractor shall perform the Services in accordance with standards in the industry for the same or similar services. In addition, Contractor shall perform the Services in accordance with all applicable federal, state and local laws,rules and regulations. 2. TERM. This Agreement shall begin on November 1,2020("Effective Date") and shall expire on July 31, 2021 ("Expiration Date"),unless terminated earlier in accordance with this Agreement. 3. COMPENSATION. The City shall pay Contractor an amount not to exceed $123,525.00 in accordance with the provisions of this Agreement. Additional services not specified by this Agreement and requiring additional costs shall not be performed unless the City requests and approves in writing for such services. The City shall not be liable for any additional expenses of Contractor not specified by this Agreement unless the City first approves such expenses in writing. City agrees to pay all invoices of Contractor within thirty(30)days of receipt of such invoice. Invoices will be submitted by Contractor in monthly intervals,as per the number of hours completed during that timeframe. OFFICIAL RECORD 4. TERMINATION. CITY SECRETARY FT. WORTH, TX NASHWEST,LLC Professional Services Agreement—Technology Rev.6/2020 Page 1 of 17 4.1. Written Notice. City or Contractor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder,City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Contractor for services actually rendered up to the effective date of termination and Contractor shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Contractor shall provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Contractor has received access to City Information or data as a requirement to perform services hereunder, Contractor shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Contractor, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City("City Information")as confidential and shall not disclose any such information to a third party without the prior written approval of City. 5.3 Unauthorized Access. Contractor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Contractor shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Contractor shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. RIGHT TO AUDIT. Contractor agrees that City shall, until the expiration of three (3) years after final payment under this contract, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents,papers and records, including, but not limited to, all electronic records, of Contractor involving transactions relating to this Agreement at no additional cost to City. Contractor agrees that City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section.City shall give Contractor reasonable advance notice of intended audits. NASHWEST,LLC Professional Services Agreement—Technology Rev.6/2020 Page 2 of 17 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Contractor shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subcontractors. Contractor acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers, agents, servants and employees,and Contractor,its officers,agents,employees, servants,contractors and subcontractor. Contractor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that City shall in no way be considered a Co-employer or a Joint employer of Contractor or any officers,agents, servants,employees or subcontractors of Contractor. Neither Contractor,nor any officers,agents,servants, employees or subcontractor of Contractor shall be entitled to any employment benefits from City. Contractor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers,agents, servants,employees or subcontractor. 8. LIABILITY AND INDEMNIFICATION. 8.1 LIABILITY- CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS,PROPERTY DAMAGE AND/OR PERSONAL INJURY,INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS,SERVANTS OR EMPLOYEES. 8.2 GENERAL INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND ANYRESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION—Contractor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright,trade mark,trade secret,or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or documentation.So long as Contractor bears the cost and expense of payment for claims or actions against City pursuant to this section, Contractor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim;however,City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Contractor in doing so.In the event City,for whatever reason,assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this NASHWEST,LLC Professional Services Agreement—Technology Rev.6/2020 Page 3 of 17 Agreement,City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Contractor shall fully participate and cooperate with City in defense of such claim or action. City agrees to give Contractor timely written notice of any such claim or action,with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses shall not eliminate Contractor's duty to indemnify City under this Agreement.If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or,if as a result of a settlement or compromise,such use is materially adversely restricted, Contractor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non-infringing,provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation;or(c)replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or(d) if none of the foregoing alternatives is reasonably available to Contractor terminate this Agreement, and refund all amounts paid to Contractor by City,subsequent to which termination City may seek any and all remedies available to City under law. 9. ASSIGNMENT AND SUBCONTRACTING. 9.1 Assignment.i ent. Contractor shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. Contractor and Assignee shall be jointly liable for all obligations of Contractor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract,sub-Contractor shall execute a written agreement with Contractor referencing this Agreement under which subcontractor shall agree to be bound by the duties and obligations of Contractor under this Agreement as such duties and obligations may apply. Contractor shall provide City with a fully executed copy of any such subcontract. 10. INSURANCE. 10.1 Contractor shall obtain prior to commencing any work pursuant to this agreement and shall maintain insurance in the types and amounts shown in Certificate of Insurance attached as Exhibit "C" hereto throughout the entire term of this Agreement. 10.2 General Requirements (a) The commercial general liability shall name City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials,agents,and volunteers in respect to the contracted services. NASHWEST,LLC Professional Services Agreement—Technology Rev.6/2020 Page 4 of 17 (b) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to City. Ten(10)days'notice shall be acceptable in the event of non-payment of premium.Notice shall be sent to the Risk Manager, City of Fort Worth,200 Texas Street,Fort Worth,Texas 76102,with copies to the Fort Worth City Attorney at the same address. (c) The insurers for all policies must be licensed and/or approved to do business in the State of Texas.All insurers must have a minimum rating of A-VII in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of Risk Management is required. (d) Any failure on the part of City to request required insurance documentation shall not constitute a waiver of the insurance requirement. (e) Certificates of Insurance evidencing that Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with any work pursuant to this Agreement. 11. COMPLIANCE WITH LAWS,ORDINANCES.RULES AND REGULATIONS. Contractor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances,rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances,rules and regulations.If City notifies Contractor of any violation of such laws,ordinances,rules or regulations,Contractor shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Contractor,for itself,its personal representatives,assigns,subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and obligations hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives,(2)delivered by facsimile with electronic confirmation of the transmission,or(3)received by the other party by United States Mail,registered,return receipt requested,addressed as follows: NASHWEST,LLC Professional Services Agreement—Technology Rev.6/2020 Page 5 of 17 To CITY: To CONTRACTOR: City of Fort Worth NashWest,LLC Attn: Valerie R.Washington,Assistant City Manager Barbara Nash,President 200 Texas Street 154 E.Aurora Rd#350 Fort Worth,TX 76102-6314 Sagamore Hills,OH 44067 Facsimile: (817)392-8654 Facsimile: 330-468-2477 With copy to Fort Worth City Attorney's Office at same address 14. SOLICITATION OF EMPLOYEES. Neither City nor Contractor shall,during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor,any person who is or has been employed by the other during the term of this Agreement,without the prior written consent of the person's employer.Notwithstanding the foregoing, this provision shall not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 15. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. NO WAIVER. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW/VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas.If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 18. SEVERABILITY. NASHWEST,LLC Professional Services Agreement—Technology Rev.6/2020 Page 6 of 17 If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. FORCE MAJEURE. City and Contractor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement,but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. 21. REVIEW OF COUNSEL. The parties acknowledge 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 Exhibits A,B,and C. 22. AMENDMENTS/MODIFICATIONS/EXTENSIONS. No amendment,modification,or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument,which is executed by an authorized representative of each party. 23. ENTIRETY OF AGREEMENT. This Agreement, including Exhibits A,B and C, contains the entire understanding and agreement between City and Contractor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 25. WARRANTY OF SERVICES. Contractor warrants that its services will be of a professional quality and conform to generally prevailing industry standards.City must give written notice of any breach of this warranty within thirty(30) NASHWEST,LLC Professional Services Agreement—Technology Rev.6/2020 Page 7 of 17 days from the date that the services are completed. In such event, at Contractor's option, Contractor shall either(a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty,or(b)refund the fees paid by City to Contractor for the nonconforming services. 26. IMMIGRATION NATIONALITY ACT. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 27. OWNERSHIP OF WORK PRODUCT. City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation, created, published, displayed, and/or produced in conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a"work-made-for-hire"within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Contractor hereby expressly assigns to City all exclusive right,title and interest in and to the Work Product, and all copies thereof,and in and to the copyright,patent,trademark,trade secret,and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due,or rights of retention thereto on the part of City. 28. SIGNATURE AUTHORITY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party,and that such binding authority has been granted by proper order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto, may be executed by any authorized representative of Contractor whose name,title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit "C". Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. CHANGE IN COMPANY NAME OR OWNERSHIP NASHWEST,LLC Professional Services Agreement—Technology Rev.6/2020 Page 8 of 17 Contractor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Contractor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change,copy of the board of director's resolution approving the action,or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it:(1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"and"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the contract. 31. CONFIDENTIAL INFORMATION Contractor acknowledges that CITY is a governmental entity and is subject to the Texas Public Information Act("Act"). By executing this agreement, Contractor acknowledges that this agreement will be publicly available on the CITY's website, and Contractor is therefore waiving any claim of confidentiality, whether based in statute or the common law,to any and all materials contained as part of this agreement including all documents and information referenced herein or attached hereto. (signature page follows) NASHWEST,LLC Professional Services Agreement—Technology Rev.6/2020 Page 9 of 17 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this day of ,20_. ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of W..J this contract,including ensuring all performance and Name: Valerie R.Washington reporting requirements. Title: Assistant City Manager Date: ,�m#ceder By: ..,wu.M-c., Name: Juan Paredes APPROVAL RECOMMENDED: Title: Administrative Services Manager APPROVED AS TO FORM AND LEGALITY: By: Name: William F.Rumuly Title: Municipal Court Director By. A4-- �44OR?. Name: Nico Arias ATTEST: Ppo�FORr*° �,,p� o o� Title: Assistant City Attorney p tia o��id? Pvo o=d p°o*goo * CONTRACT AUTHORIZATION: da��TEXA5o4� M&C: 20-0764 By: {a^Ronald P.Gana/es rk exA wpm nPa.rpaumm,escnn Name: for Ronald P.Gonzales HB 1295:2020-662875 Title: City Secretary CONTRACTOR: NASHWEST,LLC ATTEST: By, By: PJaw�.A f/aa.0 Name: Barbara Nash Name: David Nash Title: President Title: Vice President,21 OCT 2020 Date: option i OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX NASHWEST,LLC Professional Services Agreement—Technology Rev.6/2020 Page 10 of 17 NASHWEST,LLC Professional Services Agreement—Technology Rev.6/2020 Page 11 of 17 EXHIBIT A SCOPE OF SERVICES Contractor shall provide professional IT consultative services for The City of Fort Worth Municipal Court in support of its Case Management System,CourtView. • State Reporting and Case Flow Enhancements o OCA and State Reporting, ■ Contractor will correctly align reporting elements and data field adjustments that will allow for an accurate reflection of case history,necessary to submit to OCA for State Reporting; City of Fort Worth Municipal Court(FWMC)will provide business-guidance where necessary. • Run OCA report(which uses CV configuration)and queries(for which I will use CFW codes)and compare the numbers to make sure they match. o Run more in depth queries on those line items that don't match to identify those cases. o Generate a list of cases for CFW review o If a pattern can be established and there are a large number of cases effected,create a script to update those cases and run it in the Test environment. ■ Generate a list of affected cases in Test for review by CFW staff. ■ Once approval is received,run the script in Production. ■ Run queries to identify any cases that are in a Closed status that have not been reported on the OCA report • Run queries to search for docket entries that would indicate what disposition should be applied to the cases. • Generate a list of cases for CFW review • If a pattern can be established and there are a large number of cases effected,create a script to update those cases and run it in the Test environment. o Generate a list of affected cases in Test for review by CFW staff. o Once approval is received,run the script in Production. o Ticklers,events, options and dockets workflow-corrections and data cleanup, ■ Contractor will complete existing list of 37 tasks such that case management functions,data and milestones are functioning correctly or accurately reflect the current or historical status of a case. FWMC will provide business-guidance and reviews of efforts,where necessary. • Tasks listed below: o DECO docket code cases; o ADMCLO cases; o Combining the two Parking Delinquent Options into one; o Removing OCA reporting info from NISI cases; o Disposition JDGINDMD with no associated Termination; o Options not completing all updates(may move to vendor if beyond Contractor ability); o ADM04 and PKG91 have exactly the same text; o Option Codes are still associated with Action Codes they should Professional Services Agreement—Exhibit B Page 12 of 17 not be; o A script to update cases with Alerts and no balance due; o Parking cases not closed with no delinquent fee; o Option PKGEXT deactivation; o Cases with a Parking Violator as the Registered Owner not displaying on the General Index(may move to vendor if beyond Contractor ability); o Purging cases that have been closed since 09-01-2011; o User OVERTOD no longer in the users table but added a docket to case 2003 VP 000318; o Closed Parking cases with deleted financial dockets; o Closed Parking cases with no disposition and no pattern; o The Option Compliance Dismissal with Fee was applied but there was not fee added or paid so it was never disposed; o Option Codes DEFREV,CPCOMP and SACFIN,they update the case status to Closed but do not update the disposition; o Remove OCA elements from cases with the following text: SUPERVISOR COMMENTS ON CASE---As a result of a court requested citation audit of the former APS; o Disposing of cases with disposition dates prior to 09-01-2011; o Option code DMDMIP not disposing of case; o Need to create Dangerous Dog Options and adjust OCA configuration; o Admin Close all NISI case filed prior to 12-31-2016 with no balance due; o Parking cases with PKG91 docket code but text says Paid in Full; o New business process for NISI cases reporting on the OCA report; o Update file_path of Complaint to elimiate the"W"; o OCA update of cases with wrong Credit Time Served Option; o OCA Cat 39 cases with no disposition and a PMT 10-Final Payment docket entry; o OCA Cat 40 cases with no disposition and a DEFJDG or DEFJNC docket entry; o OCA Cat 43 cases with no disposition and an RESUCC(Cancel event case closed)Option applied; o OCA Cat 44 Dangerous dog cases with dockets after 09-01- 2011; o Logic of Option WCSHOW need adjusted; o EX cases still visible w/balance—cannot perform EX process; o OCA Cat 88322-Parking cases with no pattern and docket entries after 09-01-2011; o OCA Cat 88323 -Parking cases with no pattern and no docket entries; o Fine changes effective 01-01-20; o Teen Court business process. NASHWEST,LLC Professional Services Agreement—Technology Rev.6/2020 Page 13 of 17 • CY2020 Fine Changes Review and Enhancements o Initial changes have been performed over the year change. This task requests Contractor's experience in reviewing changes performed and adjusting changes where necessary,to include any historical case adjustments,if necessary. Also provide guidance(i.e.,programmatic or configuration methods)on this process moving into following year changes. ■ Run a query to randomly select 15-20 cases each with action codes in each Fine Template group and dates of offense after 01-01-2020 to which partial payments have been applied and the cases are now paid in full. ■ Run queries to ensure that the amount collected on each case has been distributed correctly to each financial account ■ If there are discrepancies,generate a list of CFW review • If there is an error in the configuration,determine the correct configuration and create new Fine Templates. • Copy those Fine Templates down to the correct Fine records • If there is a small number of cases effected, CFW staff will reverse and regenerate the receipts • If there is a large number of cases effected,I will programmatically fix the data,first in the Test environment and,after approval,in Production • Implementing retention schedules and policy on Court data o Cases closed greater than or equal to eight years from current is the target for purge schedules. Cases with no activity for at least two years are subject for Administrative Closure considerations,pending review. In both scenarios, Contractor will provide a programmatic method to capture either scenarios to allow for review,amendments, adjustments and ultimate execution of either purge or administrative closures of selected cases. ■ Run a query to identify cases based on the above criteria and generate lists for CFW review. ■ Possibly modify those scripts and rerun based on finding of CFW review and regenerate lists ■ Work with CFW staff to identify any updates that need to be made to selected cases to mark them as eligible for purge ■ Run the update scripts in the Test environment and provide of list of cases for review by CFW staff. ■ Once approval has been received,run the same update script in Production. • NISI business process o Contractor will work with FWMC to complete the Service Notification project; ■ Work with designated CFW staff to have them build CF configuration that will fit the determined business needs. Having them build the configuration will make it easier for them to maintain it in the future. o Contractor will work with FWMC to build and complete the NISI case alignments and implementation of case schedules; ■ Work with designated CFW staff to have them build CF configuration that will fit the determined business needs. Having them build the configuration will make it easier for them to maintain it in the future. NASHWEST,LLC Professional Services Agreement—Technology Rev.6/2020 Page 14 of 17 • Knowledge transfer and Documentation o Contractor will provide thorough documentation on future support of the below items, either in terms of CourtView configuration or recommended query scripting. ■ Case Milestone controls(ticklers,events,options,etc...); ■ Financials;Query/Scripting development; ■ Current Configuration and Gap Analysis; ■ Workflow building(to provide expert guidance during the Teen Court process build). NASHWEST,LLC Professional Services Agreement—Technology Rev.6/2020 Page 15 of 17 EXHIBIT B PRICE SCHEDULE Cost of Services Hourly rate: $150.00 Contractor will provide a 10%discount applicable to the hourly rate. Hourly rate including 10%discount: $135.00 By way of example,the hourly rate shall work as follows: Estimated Hours— 915 Total Cost— $137,250 (10%Discount) ($ 13,725) Estimated Total— $123,525 NASHWEST,LLC Professional Services Agreement—Technology Rev.6/2020 Page 16 of 17 EXHIBIT C CERTIFICATE OF INSURANCE Aco CERTIFICATE OF LIABILITY INSURANCE DATE 03121/2018 21/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pDlicy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ONTAC7 NAME. Urbania Ins Agency Inc PHONE ex AF FAX No 6966 HEISLEY RD. EMAIL ADDRESS: TA ME INSURERS AFFORDIRGCOVERAGE NAIL R MENTOR OH 44060 INSURER A: NATIONWIDE MUTUAL FIRE INSURANCE COMP; 23779 INSURED w$uRERa I NATIONWIDE MUTUAL INSURANCE COMPANY 23787 INSURER C NASH WEST LLC INSURER D: 526 W AURORA RD p 350 INSURER E: SAGAMORE HILLS OH 44067,2108 INSURERF; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CER7IFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH1S CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTSRR TYPE OF INSURANCE AD eR POLICY-IF POLICY EXP PODCY NUMBER MMIDDIYYYY MMI00lYYYY LIMIF9 X COMMERCIALGENERALLIABILII"Y EACH OCCURRENCE $ 1,OD0,000 CLAIMS4AADE a OCCUR E D PREMISES Ea mcurrence S 100,000 MEDEXP(An prepemon) S 5.000 A X ACP GLGO 5702631588 03/2112018 03/21/2019 PERSONAL$AOVINJURY $ 1,000.000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE It 1,000,000 X POLICY❑ � toe PRODUCTS-CCMP}OPAGG S 1,000.000 OTHER: $ AUTOMOSILELIAEILITY COMBINED SINGLE LIMIT $ Ea aLCltlent ANY AUTO ALL OWNED BODILY INJURY(Per person} $ SCHEDULED I AUTOS AUTOS BODILY INJURY(ParacadeM) $ HIRED AUTOS AUTOS MED A PRRTY OgMAGE UTDG $ Per OPE cadent S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ ❑ED RETFNTION$ $ I/lD ERSCOMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y N STATUTE ER ANYPROPRIETOR/PARTNER(EXECUTIVE E.L.EACH ACCIDENT OFFICERNEMBEREXCLUDED4 NtA $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYE If yyee tlesaibe under $ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OP OPERATIONS f LOCATIONS 1 VEHICLES(ACORD 1p7,AddlNonal Remarks Schedule,may be attaches N more apace is required} CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, CITY OF FORT WORTH ZOO TEXAS STREET AUTHORIZED REPRESENTATIVE ALICIA GOAN FT.WORTH TX 76102 ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Professional Services Agreement—Exhibit C Page 17 of 17 City of Fort Worth, Texas Mayor and Council Communication DATE: 10/20/20 M&C FILE NUMBER: M&C 20-0764 LOG NAME: 38NASHWEST6 SUBJECT (ALL)Authorize Execution of a Professional Service Agreement with Nash West, LLC, in an Amount Up to$123,525.00 for Database Analysis and Configuration Services for the Municipal Court in Support of Its Case Management System RECOMMENDATION: It is recommended that the City Council authorize the execution of a professional service agreement with NashWest, LLC,in an amount up to $123,525.00 for database analysis and configuration services for the Municipal Court in support of its Case Management System. DISCUSSION: On March 9,2017,City Secretary Contract No.48814 was executed by the City with NashWest,LLC(NashWest)for the following services: complex database administrator support related to the internal assessment of CourtView data to identify and correct/cleanup problems regarding unprocessed ticklers,un-resulted events,delinquent time payment plans,cases outside of workflow and cases with invalid data as well as deployment of outstanding CourtView releases. Under the contract,the court performed nearly 2M corrections and updates pertaining to address,warrants, state reporting, collections, and financial data,among other data sets.Through the guidance provided by the vendor,the Court removed erroneous warrant data and reduced errors to less than 1%; implemented automation monitoring tools helping to reduce form generation and document creation issues. The court has also tested and rolled into production several system releases and maintained up-to-date status.The contract expired on December 31,2019. Under the guidance of the Data Governance Committee discussions, Court and City of Fort Worth Information Technology Systems(CFWITS) have solidified its understanding in strategic direction. Court can focus its efforts towards better understanding its data needs to continue providing reliable services across the community and CFWITS focuses on technology framework delivery. Well in advance of the contract expiration,the Court began to assess final needs and opportunities to sunset the existing third party efforts to focus on self-sustaining support. The Court is requesting to execute a final contract with NashWest to complete vendor specific services.The projects and tasks have been thoroughly reviewed and prioritized to ensure that the projects completed through this contract will help steer Court to independence from consistent reliance on third-party vendor services. These services are vital for a robust strategic approach to case management oversight. This final contract focuses on specific objectives encompassing accuracy of data,process control,and transfer of system knowledge. Among the identified targets: • Office of Court Administration and State reporting; • NISI(Bond Forfeiture)business processing and retention scheduling; • CY2020 fine changes review and enhancements; • Ticklers,events,options,and docket workflows knowledge transfers; • Case milestone controls; • Improving financial management(Court has a unique method of applying payments to oldest case first); • Query/Script development and strategies; • Configuration evaluation and improvement opportunities;and • Workflow building"Best Practices"from a developer's perspective. Completion of the above targets through this contract will position Court to be self-sustaining,drastically reducing the need for constant vendor service agreements,and will pave the way for long-term strategic plans. This agreement shall be effective upon execution and shall remain in effect for one year from the date of execution,unless earlier terminated.An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget,as previously appropriated, in the Special Revenue MC Fund for the Court Technology Fees project to support the approval of the above recommendation and execution of the professional service agreement. Prior to any expenditure being incurred,the Municipal Courts Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by. Valerie Washington 6199 Originating Business Unit Head: William Rumuly 7461 Additional Information Contact: William Rumuly 7461