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HomeMy WebLinkAboutContract 57390-A1 CSC No. 57390-A1 AMENDMENT NO. 1 TO CITY OF FORT WORTH CONTRACT 57390 This First Amendment is entered into by and between the City of Fort Worth (hereafter "Buyer"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort Worth, Texas, and N. Harris Computer Corporation ("Vendor"), Buyer and Vendor may be referred to individually as a Party and collectively as the Parties. WHEREAS, on April 11, 2022, the Parties entered into City Secretary Contract 57390 to provide iNovah eCommerce software and support services ('`Agreement/Contract"); WHEREAS, the Parties wish to amend the Agreement to add iNovah Enterprise Revenue Management maintenance and support services in the amount of$90,651.0.5 for the first year. Total cost of the contract will not exceed $120,651.05 for the first year. NOW, THEREFORE, the Parties, acting herein by and through their duly authorized representatives, enter into the following agreement: 1. AMENDMENTS The Agreement is hereby amended to add Exhibit A System Innovators iNovah Enterprise Revenue Management (ERM) maintenance three-year quote, attached hereto,and to replace Schedules B and C in their entirety with the Schedules B and C attached hereto to add iNovah ERM maintenance. 2. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. 3. ELECTRONIC SIGNATURE This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument.A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as anoriginal. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 57390 Page 1 of 22 ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: ►(RQyW�-- . By signing I acknowledge that I am the person By: Valerip_WashinRton(Nov 3,202210:31CDT) responsible for the monitoring and administration Name: Valerie Washington of this contract,including ensuring all Title: Assistant City Manager performance and reporting requirements. Date: Nov 3, 2022 7�cutic��o.�eyv�or, APPROVAL RECOMMENDED: By: Name: David Zellmer Title: Sr.IT Solutions Manager By: APPROVED AS TO FORM AND LEGALITY: Name: Kevin Gunn Title: Director,IT Solutions Department p�FoRr ATTEST: o°°°° °°°�°oaAo By: o 09.,o Name: Taylor Paris P°°o o=a Title: Assistant City Attorney o i-annel'fe S. aoodall °a °° ° p1� d By. Jannette S.Goodall(Nov 3,202213:43 CDT) ���nEXASa� CONTRACT AUTHORIZATION: Name: Janette Goodall M&C:22-0658 Title: City Secretary Approved:09/13/2022 1295: VENDOR: N. Harris C puter C ion ATTEST: i By: By: /l� �6d�G�iYCIL N me: ry Be",/ Name: Kim Sobkowich Title: Vice President,Operations Title: Account Manager Date: September 20,2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 57390 Page 2 of 22 Exhibit A System Innovators iNovah ERM Maintenance First Amendment to Fort Worth City Secretary Contract No. 57390 Page 3 of 22 rinava�INS Y-SrEM a division of Harris FORT WORTH 3 YEAR MAINTENANCE QUOTE Unit Exiended (�yi Price Price Software Support Term:8/01/2022-7/31/2023 1 iNovah-SWS 35350.15 $ 35,350,15 1 ICL-SWS 9953.47 $ 9,953.47 PeopleSoft AR Inquiry&Deposit Export- 1 SWS 9953.47 $ 9,953.47 1 Lockbox Import-SWS 5037.99 $ 5,037.99 1 Accela Integration 7500.00 $ 7,500,00 1 EMV Direct-TPM 9,830.97 $ 9,830.97 1 Real time interface to ARIES 5,000.00 $ 5,000.00 1 iNovah intergration to their ZOOM system 8,025.00 $ 8,025.00 Total $ 90,651.05 Unit Extended City Price Price Software Support Term:810112023-713112024 1 iNovah-SWS 37824.66 $ 37,824.66 1 ICL-SWS 10650.21 $ 10,650.21 PeopleSoft AR Inquiry&Deposit Export- 1 SWS 10650.21 $ 10,650,21 1 Lockbox Import-SWS 5390.65 $ 5,390.55 1 Accela Integration 8025.00 $ 8,025.00 1 EMV Direct-TPM 10519.14 $ 10,519.14 1 Real time interface to ARIES 5350.00 $ 5,350.00 1 iNovah intergration to their ZOOM system 8586.75 $ 8,586.75 Total $ 96,996.62 •DOO Southside Blvd Bldg 700,Suite 7200 1 Jacksonville,FL 132256 First Amendment to Fort Worth City Secretary Contract No. 57390 Page 4 of 22 ��SY_ST* a division of Harris Unit Extended Qty Price Price Software Support Term:810112024-713112025 1 iNovah-SWS 40472.39 $ 40,472.39 1 ICL-SWS 11395.73 $ 11,395.73 PeopleSoft AR Inquiry&Deposit Export- 1 SWS 11395.73 $ 11,395.73 1 Lockbox Import-SWS 5767.99 $ 5,767.99 1 Accela Integration 8586.75 $ 8,586.75 1 EMV Direct-TPM 11,255.48 $ 11,255.48 1 Real time interface to ARIES 5,724.50 $ 5,724.50 1 iNovah intergration to their ZOOM system 9,187.82 $ 9,187.82 Total $ 103,786.39 •DOO Southside Blvd Bldg 700,Suite 7200 1 Jacksonville,FL 132256 800.963.5000 •3 First Amendment to Fort Worth City Secretary Contract No. 57390 Page 5 of 22 SCHEDULE B Movah Service Fees Movah Service Fee Structure Summary Part 1 — Movah EBPP Service Fees Prepared for City of Fort Worth SYSTEM Ecommerce Pricing Proposal The proposed pricing is valid for 90 Days. nsactions Average Card Transaction Size $1,174.00 Annual Card Volume $1,205,698.00 Annual Card Transaction Volume 1027 Average ACH Transaction Size $6,111.00 Annual ACH Volume $23,661,792.00 Annual ACH Transactions 3872 Fees Paid By Consumer Processing Fees MWe Fees Paid By City Fee Pricing Structure Platform Only Gateway Fee Tiers (per transaction based on volume) Transaction Volume = 120,000 + $0.25 Transaction Volume = 80,001 - 120,000 $0.30 Transaction Volume = 40,001 - 80,000 $0.40 Transaction Volume <= 40,000 $0.50 Chargeback Fee $15.00 ACH Non-Convenience Fee Settlement(Payments & Refunds $1.50 ACH Returns $7.50 Other Transaction Processing Fee OrbiPay IVR Transaction Surcharge $0.30 One Time Fees Fee Client Setup $10,000.00 First Amendment to Fort Worth City Secretary Contract No. 57390 Page 6 of 22 Setup of Additional Divisions (after initial setup) $250.00 Monthly'§ubscription Fels** Fee Client Subscription for Payment Processing $250.00 Additional Client Divisions $125.00 OrbiPay IVR Charge $250.00 Chatbot Channels $040 Monthly Minimum (inclusive of all monthly fees) $1,800.00 Omm Fee Text Notifications (2500 included each month) $0.04 Custom Support B Development Fees 1W Fee Custom Support or Development $175/Hour Proprietary and Confidential 3/15/2022 *Processing fees will be reviewed on an annual basis, and may be adjusted accordingly based on the Merchant's processing volume, annual rate adjustments by the card providers and/or issuing banks, and available MCC code discounts. **Monthly fees and other processing fees will be billed monthly on the first week of the month for the previous month's processing and transactions First Amendment to Fort Worth City Secretary Contract No. 57390 Page 7 of 22 Part 2 — iNovah ERM Software Maintenance and Support Fees The Table below summarize the iNovah ERM Software Maintenance and Support fees for the Initial Term of the Agreement and optional pricing one (1) Renewal Term. Year 1 Year 2 Year 3 Description Term:810112022- Term:810112023- (Renewal Term) 713112023 713112024 Term:8101/2024- 7/31/2025 On premise— iNovah ERM Software $ 35,350.15 $ 37,824.66 $ 40,472.39 Maintenance and Support Chase ICL $ 9,953.47 $ 10,650.21 $ 11,395.73 PeopleSoft AR Inquiry & Deposit Export $ 9,953.47 $ 10,650.21 $ 11,395.73 Lockbox Import $ 5,037.99 $ 5,390.65 $ 5,767.99 Real time interface to Accela Integration $ 7,500.00 $ 8,025.00 $ 8,586.75 EMV Direct $ 9,830.97 $ 10,519.14 $ 11,255.48 Real time interface to ARIES $ 5,000.00 $ 5,350.00 $ 5,724.50 iNovah ZOOM Integration $ 8,025.00 $ 8,586.75 $ 9,187.82 Totals $ 90,651.05 $ 96,996.62 $ 103,786.39 First Amendment to Fort Worth City Secretary Contract No. 57390 Page S of 22 Schedule C SUPPORT GUIDELINES The purpose of this Schedule C is to describe the Support Services and Service Levels provided by System Innovators. System Innovators reserves the right to make modifications to this document as required; provided, System Innovators shall not reduce the scope of support provided hereunder without the prior consent of the Organization. Part 1: Definitions The following terms shall have the meaning set out below; all other capitalized terms not otherwise defined in this Section shall have the meaning set forth elsewhere in this Agreement: (a) "Agreement" means the INovah Services Agreement. (b) "Available"has the meaning given to it by Part 3 of this Schedule C. (c) "Business Day(s)" has the meaning given to it by Part 2 Section 10.3 of this Schedule C. (d) 'Business Hour" has the meaning given to it by Part 2 Section 10.2 of this Schedule C. (e) "Change Request" is a request to modify the iNovah Service to operate in a manner that is different from Documentation, including new features, functionality, user experience or cosmetic appearance (f) "Customer Cause" means any of the following causes of an Error: (i) any negligent or improper use, misapplication, misuse or abuse of, or damage to, the Harris Systems by Organization or its Representatives; (ii) any maintenance, update, improvement or other modification to or alteration of the iNovah Service by Organization or its Representatives; (iii) any use of the iNovah Service by Organization or its Representatives in a manner inconsistent with the then-current Documentation; (v) any use by Organization or its Representatives of any products or services that Harris has not provided or caused to be provided to Organization; (vi) delay or failure of performance by Organization of its obligations under the Agreement; or First Amendment to Fort Worth City Secretary Contract No. 57390 Page 9 of 22 (vii) any use by Organization of a non-current version or release of the iNovah Service, notwithstanding notice from Harris that updates, fixes or patches are required; (viii) or any act or omission by Organization or any Authorized User/access to or use of the iNovah Service by Organization or any Authorized User, or using Organization's or an Authorized User's access credentials, that does not strictly comply with the Agreement and the Documentation. For clarity, if any of the foregoing is authorized by Harris in writing, it will not be considered a "Customer Cause". (g) "Customer Systems" means Organization's information technology infrastructure, including Organization's computers, software, databases, electronic systems (including database management systems), and networks. (h) "Designated Support Contacts" has the meaning set forth in Part 2 Section 7.2 (i) "Exceptions"has the meaning given to it by Part 3 this Schedule C. (j) "Issue" means any reproducible failure of the iNovah Service to operate in all material respects in accordance with the Documentation, including any problem, failure, error or defect (k) "Level 1 Support" means (i) the identification, diagnosis and correction of Issues by Harris help desk technicians by telephone or e-mail communications with a Designated Representative following submission of a Support Request; and/or(ii) referral to technical information on the Harris Site for proper use of the iNovah Service. (1) "Level 2 Support" means, where Issues are not Resolved by Level 1 Support, the escalation to second line support for the identification, diagnosis and correction of Issues through a Designated Representative by telephone or e-mail or through Remote Services or otherwise, as the parties may agree. (m) "Level 3 Support" means, where Issues are not Resolved by Level 2 Support, the escalation to third line support for the identification, diagnosis and correction of Issues through a Designated Representative by telephone or e-mail or through Remote Services or otherwise, as the parties may agree. (n) "Out-of-Scope Services" has the meaning given to it by Part 2 Section 4. (o) "Production System Down" means the iNovah Service is substantially inoperable and inaccessible by more than one of the Organization's End Users, or the iNovah Service hangs indefinitely. First Amendment to Fort Worth City Secretary Contract No. 57390 Page 10 of 22 (p) "Remote Access Software" has the meaning set forth in Part 2 Section 6. (q) "Remote Services" has the meaning set forth in Part 2 Section 6. (r) "Resolve" and the correlative terms, "Resolved", "Resolving" and "Resolution" with respect to any particular Support Request, that Harris has corrected the Issue that prompted that Support Request. (s) "Service Availability Requirement" has the meaning given to it by Part 3 of this Schedule C. (t) "Service Period" has the meaning given to it in Part 3 of this Schedule C. (v) "Severity V has the meaning set forth in Part 2 Section 9. (w) "Severity 2" has the meaning set forth in Part 2 Section 9. (x) "Severity 3" has the meaning set forth in Part 2 Section 9. (y) "Severity 4" has the meaning set forth in Part 2 Section 9. (z) "Support Hours" means those hours between 8:00 AM and 8:00 PM Eastern Time on Business Days. (aa) "Support Request" has the meaning given to it in Part 2: Section 1.2. (bb) "Support Services" means Harris's Level 1, Level 3, and Level 3 Support, but excludes the support of- (i) Implementation Services; (ii)Professional Services; and/or (iii) Out-of-Scope Services. (cc) "Ticket Service Levels" means the defined severity levels and corresponding required service level responses, response times, and Resolutions set forth in Part 2 Section 10. First Amendment to Fort Worth City Secretary Contract No. 57390 Page 11 of 22 Part 2: Description of Support Services 1.1 Support Request Flow System Innovators Standard Support Request Flow rm vere O YB6 NC N V! xes a ONN Ny J N I t 6 M J Nex F—.p W 1.2 Support Request Process (a) To initiate a Support Request, the Organization is required to notify Harris Organization Services of a support request by (i)Phoning support, by sending an email, or by raising a support request via the Client Services Ticket Portal (https://sUj2ort.systeminnovators.com) (ii) In all case the Organization will receive a support ticket reference number for tracking the progress of the support request. (b) All Organization support requests must include at a minimum: organization name, contact person, software product and version, module and/or menu selection, nature of First Amendment to Fort Worth City Secretary Contract No. 57390 Page 12 of 22 issue, detailed description of the question or issue and any other information believed to be pertinent. (c) Support request created via the Client Services Ticketing Portal will be issued a ticket number upon creation. (d) Phoned or entailed requests will be logged into the support tracking system by a support analyst. The Organization will receive a ticket number for issue tracking that can be monitored, updated, or closed via the Client Services Ticketing Portal (e) The ticket will be placed to a ticket queue. It will be actioned by the next available support analyst based on the Ticket Severity and Ticket Age. (i) Harris encourages the Organization to contact Client Services by phone for Urgent/Severity 1 issues. (f) While the support analyst investigates the issue, the Organization may be contacted for additional information, advised of issue status, or to perform a course of action for resolution. (g) In the event the support request uncovers a product Defect, the support analyst will log the issue in Harris Development Tracking System. A secondary tracking number called a "Defect Number" will be created and linked to the support request. The ticket will be placed in a deferred state until the defect has resolved as part a future software maintenance release. The resolution is dependent on the nature and complexity of the defect. (h) Should the support request uncover new product Feature or Functionality, the support analyst will log the issue in Harris Development Tracking System. A "Change Request Number"will be created and linked to the support request. The ticket will be placed in a deferred state until the iNovah Product Team makes decision to move forward with the new feature or functionality. The Organization may be charged for new feature or functionality requests; this requires written authorization from the Organization through a mutually executed agreement or an Organization issued Purchase Order. (i) The current status for all tickets can be viewed in the Client Services Ticket Portal, or by phoning or emailing the support department. 2. Standard Support Service and Activities The Support Services listed below are included as part of annual software support and maintenance: First Amendment to Fort Worth City Secretary Contract No. 57390 Page 13 of 22 (a) Access to the Client Services Ticket Portal (https://sUport.systeminnovators.com/) (i) Unlimited number of Users for ticket creation, monitoring, and updates (b) Phone support via 800 toll free number (800-963-5000) (c) Email support (clientservices@systeminnovators.com) (d) Technical troubleshooting and issue resolution (e) Limited training consultation (15 minute guideline) (f) State and/or Federal mandated changes (charges may apply) (g) Periodic software maintenance updates that incorporate new generally available product features/functionality, and/or resolve reported product defects (h) Access to Harris Collaboration system "innoverse" (https://innoverse.systeminnovators.com/) (i) One User Account per Organization (i) Product and software release notes and system requirements documentation (j) Generally available product manuals and training guides (k) Technical document including the following: (i) How to, Troubleshooting, and Technical Knowledge Base Articles (ii) Product documentation (iii) Technical Recording (1) Peripheral device support; drivers, firmware (m)New software release notifications (a) 3. Additional Support Services and Activities The Additional Support Services listed below are not included as part of Monthly Subscription Fees. These services can be purchased by the Organization as Additional Services; this requires written authorization from the Organization through a mutually executed agreement or an Organization-issued Purchase Order (a) State and/or Federal mandated changes First Amendment to Fort Worth City Secretary Contract No. 57390 Page 14 of 22 (b) Scheduled assistance special projects (c) Design review for potential software enhancements or custom modifications (d) Extended Administrative or End User Training (e) Custom software modifications including: (i) File imports and exports (ii) Bills/scanlines/barcodes (iii) Application customizations (iv) Reversal of customizations (v) Form creation or re-design (f) iNovah Public API consulting (g) Custom report development (h) On-site troubleshooting (i) Attendance to the annual Harris Technical Training Conference 4. Out of Scope Services and Activities The following services listed below are not included as part of annual software support and maintenance. (a) Modification to Source or Host system interfaces (b) Setup of peripheral devices; printers, scanners, barcode readers, imagers, cash drawers (c) Operating system installation/upgrades of Organization's workstations (e) Reconfiguration of hardware, fileservers, and virtual environments (f) Hardware system upgrades (g) Third party software upgrades 5. Third Party Support First Amendment to Fort Worth City Secretary Contract No. 57390 Page 15 of 22 The following section defines the standard support services for third party software (if applicable) that are included as part of Monthly Subscription Fees. This section serves as a guideline but is superseded by any existing third party or other agreement. (a) 800 telephone support—"First Level" support for basic technical troubleshooting. Complex issues that require Level 2 support (or higher) will be escalated to the third party for support. (b) Updating system to support new versions of licensed applications (c) Limited training questions (I 5-minuteguideline) 6. Remote Support Services Harris may provide Support Services to the Organization remotely, including by means of telephone or internet telephony, or over the internet through the use of Remote Access Software ("Remote Support Services") to assist in maintaining the systems and analyzing and Resolving any Error reported by a Support Request during the Support Period. The Organization shall give Harris permission to use remote access software necessary for Harris to provide the Remote Support Services to the Organization ("Remote Access Software"). The Remote Access Software contains technological measures designed to collect and transmit to Harris certain diagnostic, technical, usage and related information relating to or derived from C use of the iNovah Service and Third-Party Products and Services. The parties acknowledge and agree that Harris and its agents, Affiliates or subcontractors may collect, maintain,process and use: (a) only such information as is necessary to assist in analyzing and Resolving a Support Request; and (b) use such information solely to provide the Support Services in accordance with the terms and conditions of this SLA and the Agreement; Harris shall treat any information it collects, maintains, processes or uses under this Schedule C as the Organization's Confidential Information. 7. Organization's Responsibilities 7.1 Organization Support. The Organization, at the Organization's sole expense, shall; (a) Provide Harris such assistance, information, services and facilities as may be reasonably requested by Harris to perform the support and maintenance services (b) Provide Harris with access to at least one named technical contact who is familiar with the technology, operations, and functionality of the Organization's systems and the iNovah ERM or iNovah eCommerce applications; First Amendment to Fort Worth City Secretary Contract No. 57390 Page 16 of 22 (c) And, where appropriate, help secure the assistance of any person whose relationship with the Organization may be contributing to error. 7.2 Organization Designated Support Contacts. The Organization will assign two (2) named resources, a primary and a backup, to be the Designated Support contacts responsible for: (a) Assisting with the support relationship between Harris and the Organization (b) Initiating and managing the priority case handling process (c) Distributing proactive notifications to the Organization's end users (as applicable) (d) Ensuring appropriate follow up and feedback from the Organization's end user (e) Ensuring that a communication link is operational for remote troubleshooting purposes; direct internet, virtual private network (VPN), remote access server(RAS) 8. Ticket Severity Level Classification, Target Response and Resolution Times 8.1 Classification. All Tickets (i.e. support requests) will be assigned an appropriate Severity Level based on the Definitions outlined in section 9— Severity Level Definition. n the appropriate severity level. In the event that Harris determines from time to time that a severity level with respect to a specific error should be reclassified, Harris will discuss such reclassification and the rationale behind it with the Organization and, if the parties mutually agree that the severity level should be reclassified, the parties may do so. Either party shall be entitled at any time to escalate any good faith dispute that it may have about the severity level classification of a support issue, pursuant to the Escalation Processes set forth in Section 8.4 below. 8.2 Response Times. Harris will use commercially reasonable efforts to respond by telephone, email, or through the support portal to a reported issue within the timeframes set forth in the Response Time column in Section 10.1 below that corresponds to the assigned severity level 8.3 Resolution Times. Harris will use commercially reasonable efforts to provide a resolution(via remote support, workaround, patch or other forms determined by Harris) to a reported Ticket within the timeframe set forth in the Resolution Time column in Section 10.1 below that corresponds to the assigned severity level. 8.4 Support Request Escalation Process. This escalation process was implemented to ensure that the Organization's issues are handled in an efficient and timely manner. If at any time you are not completely satisfied with the handling of the support request, escalate with the support department as follows: (a) Contact the Support Analyst Assigned to the issue First Amendment to Fort Worth City Secretary Contract No. 57390 Page 17 of 22 (b) Contact the Manager of Customer Support (c) Contact the Vice President of Operations (d) Contact the Executive Vice President of Harris 9. Severity Level Definitions Severity Definition Levels The total unavailability of the production application, or a repeatable malfunction within the production application causing impact to business operation if not promptly restored. • Production System Down Severity 1 Inability to process payments • Program errors without workarounds • Incorrect calculation errors impacting a majority of records • Aborted postings or error messages preventing data integration and update • Performance issues of severe nature impacting critical processes Reproducible issues that affect the functioning of components within the application, or data inconsistencies with no work around available. • Calculation errors impacting a minority of records Severity 2 6 Report calculation issues • Printer related issues (related to iNovah software and not the printer hardware) • User Security/Permission issues • Workstation connectivity issues (Workstation specific) Reproducible or intermittent Issues that affect the functioning of components within the application, or data inconsistencies. Workaround available. • Usability issues Severity 3 a Performance issues not impacting critical processes • Report formatting issues • Training questions, how to, or implementing new processes • Recommendations for enhancements on system changes First Amendment to Fort Worth City Secretary Contract No. 57390 Page 18 of 22 Requests for information, assistance on application capabilities, and other requests that do not fit the criteria for Severity 1, Severity2, or Severity I Severity 4 • Questions about documentation • Requests for documentation or information • Questions about products • Aesthetic issues 10. Ticket Service Levels Harris agrees to use commercially reasonable effort to respond to, correct, or resolve reported tickets as described below: 10.1 Response Time/Resolution Times Severity Target Response Target Resolution Time Levels Time Severity 1 1-4 Business Hours 1 Business Day Severity 2 1 Business Day 3 Business Days Severity 3 2 -3 Business Days 7 Business Days Severity 4 5 - 10 Business Days 10 Business Days or as planned via software maintenance release 10.2 Business Hour Definition. The time period between 8:00 a.m. to 8:00 p.m. Eastern Time on a Business Day. 10.3 Business Day Definition. Monday through Friday, excluding the following: (a) Published holidays. (i)New Year's Day (ii) President's Day (Observed) (iii) Memorial Day (Observed) (iv) 4th of July (Observed) (v) Labor Day First Amendment to Fort Worth City Secretary Contract No. 57390 Page 19 of 22 (vi) Columbus Day (Observed)* (vii) Thanksgiving Day (viii) Day after Thanksgiving* (ix) Thanksgiving Day (x) Christmas Eve (Observed)* (xi) Christmas Day (Observed) (b)Natural disasters, and/or other exceptional unplanned events Part 3: Availability Requirement—INOVAH EBPP PLATFORM ONLY Subject to the terms and conditions of this Agreement, Harris will use commercially reasonable efforts to make the iNovah Service Available at least ninety-nine percent(99%) of the time in any given calendar month as measured over the course of the total number of days in each calendar month during the Term (each such calendar month, a "Service Period"), excluding un-Availability as a result of any of the Exceptions described below in Section 11 (the "Service Availability Requirement"). "Service Level Failure" means a material failure of the iNovah Service to meet the Availability Requirement. "Available" means the iNovah Service delivered pursuant to this Agreement are available for access and use by the Organization and its Authorized Users in a production environment. For the purposes of calculating the Availability Requirement, the events outlined in Section 11.3 below are "Exceptions" to the Availability Requirement, and neither the iNovah Service will be considered un-Available nor any Service Level Failure be deemed to occur in connection with any failure to meet the Availability Requirement or impaired ability of the Organization or its Authorized Users to access or use the iNovah Service that is due, in whole or in part, to any of the listed Exceptions. (1) Scheduled Downtime. Harris performs scheduled maintenance activities over the weekend on Saturdays and/or Sundays. Harris will use commercially reasonable efforts to: (a) Scheduled downtime for routine maintenance between the hours of 8:00 p.m. and 8:00 a.m. Eastern Time on Business Days and anytime during non-Business Days for the production environment; and (b) For any other scheduled maintenance downtimes during weekends, Harris will notify the Organization 1 week in advance. First Amendment to Fort Worth City Secretary Contract No. 57390 Page 20 of 22 (c) For any unscheduled maintenance that needs to be performed to resolve critical issues etc. that cannot wait till the weekend, Harris will endeavor to notify the Organization's Designated Support Contracts in the event of the emergency downtime maintenance. (2) Exceptions. Each of the following are exceptions to the Service Level Target (each, an "Exempt Event") and the iNovah Service will not be considered un-Available as a result. (a) Regularly scheduled maintenance (b) maintenance scheduled mutually by Harris and its customers, (c) Organization's Content or application programming, (d) Acts or omissions of the Organization or End Users, (e) Failures of equipment, software or facilities provided by the Organization (f) Delays or failures due to circumstances beyond Harris' reasonable control (g) Any outage, Internet or other network unavailability or downtime outside Harris' network or that of the Third-Party Cloud or EBPP Platform (3) Application Response Time. Application Response Time is the time between the Organization's authorized End User's request reaching Harris' server, or a response of the same leaving Harris' server. The average Application Response Time will be less than or equal to 5 seconds. (4) Remedy. In the event that Harris fails to meet the Service Level Target in any three (3) consecutive calendar months, then, the Organization's sole and exclusive remedy is to terminate this Agreement on written notice to Harris, provided such notice is given no later than 30 days after the end of the third of such consecutive calendar months. Part 4: Support Service Levels—INOVAH EBPP PLATFORM ONLY The Support Service Levels are as set out in the table below: Support Service Level# Name Support Service Level SLA 1.0 iNovah Services Availability 99.0% SLA 2.0 iNovah Services Recovery Time Objective (RTO) <= 24 hours SLA 3.0 iNovah Services Recovery Point Objective (RPO) <=4 hours First Amendment to Fort Worth City Secretary Contract No. 57390 Page 21 of 22 Calculations of Service Availability requirements are as follows: Name Definition Calculation Frequency a - b - c Availability = a _ b 100 SLA 1.0- Percentage of Where: iNovah time the iNovah Monthly Service Hosting Service a= Total minutes in the month Availability is available. b = Total minutes of planned maintenance in the month c= Total minutes of unplanned service outages in the month The amount of time it takes from SLA 2.0- initial disaster declaration to Recovery having critical Per SLA 2.0 above Per Disaster Time Event Objective business processes available to users. The amount of data loss SLA 3.0- (measured in hours) that is Recovery Per Disaster Point deemed Per SLA 3.0 above objective acceptable, in the Event event of a disaster-failover scenario. First Amendment to Fort Worth City Secretary Contract No. 57390 Page 22 of 22 M&C Review Page I of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT W Create New From This M&C REFERENCE **M&C 22- 04AMEND CITY SECRETARY DATE: 9/13/2022 NO.: 0658 LOG NAME: CONTRACT 57390 N HARRIS COMPUTER CORP CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of an Amendment to City Secretary Contract 57390 for System Innovators iNovah Enterprise Revenue Management Support Under the Sole Source Agreement with N. Harris Computer Corporation in the Amount of$291,435.00 for the First Three Years for the Information Technology Solutions Department with Options to Renew RECOMMENDATION: It is recommended that the City Council authorize execution of an amendment to City Secretary Contract 57390 for System Innovators iNovah Enterprise Revenue Management Support under the Sole Source Agreement with N. Harris Computer Corporation in the amount of$291,435.00 for the first three years for the Information Technology Solutions Department with options to renew. DISCUSSION: In 2017, the City began using the iNovah Enterprise Revenue Management system. The Information Technology Solutions (ITS) Department purchased the software and support services for iNovah using a cooperative agreement with Dell Marketing Inc. The application provides cashiering and revenue management functionality for the City's Accounts Receivable, Accela Permitting, and Auto Impound payments. The solution includes an import for payments that are received via lockbox, over-the- counter credit card processing, and electronic check deposit. On April 11, 2022, the City entered into City Secretary Contract (CSC) 57390 with N. Harris Computer Corporation to provide System Innovators iNovah eCommerce software for the ITS Department. The eCommerce application enables the City's constituents to submit a payment online for a variety of goods and services using a computer or mobile device. CSC 57390 includes an initial set up cost of $10,000.00 and a monthly minimum cost of$1,800.00 in addition to transaction fees. Processing fees will be invoiced based on the number of financial transactions processed through the eCommerce system. CSC 57390 provides that processing fees will be reviewed annually and as transaction volume increases, transaction fees will be reduced accordingly. It is anticipated that the annual eCommerce costs will not exceed $30,000.00. The proposed amendment to CSC 57390 will add iNovah Enterprise Revenue Management support and maintenance for a first year cost of$90,651.05. Year two maintenance will be in the amount of $96,996.62 and the third year maintenance will be $103,786.39. Upon approval of this Mayor and Council Communication, the City will execute an amendment to CSC 57390 to purchase iNovah products and services directly from N. Harris Computer Corporation, saving the City the reseller markup percentage annually. The first year costs for CSC 57390 and the proposed amendment for Fiscal Year(FY) 2022 will not exceed $120,651.00. Funding is budgeted in Other Contractual Services account of the Information Technology Department's General Fund and in the ITS Capital Fund for the AR and Billing and POS project, as appropriated. The remaining years maintenance cost will be budgeted accordingly in FY23 & FY24. http://apps.cfwnet.org/counc*l 10/7/2022 M&C Review Page 2 of 2 BUSINESS EQUITY-A waiver of the goal for Business Equity subcontracting requirements was requested, and approved by the DVIN, in accordance with the applicable Ordinance, because the waiver request is based on the sole source information provided. ADMINISTRATIVE CHANGE ORDER: 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. AGREEMENT TERMS: Upon City Council approval, this agreement shall begin upon execution of the amendment and expire July 31, 2023. RENEWAL OPTIONS: The Agreement may be renewed for up to two additional one-year terms at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital and operating budgets, as previously appropriated, in the General Fund and ITS Capital Fund for the AR and Billing and POS project to support the approval of the above recommendation and execution of the amendment to the contract. Prior to any expenditure being incurred, the Information Technology Solutions Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID i i ID� Year I (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Valerie Washington (6192) Originating Department Head: Kevin Gunn (2015) Additional Information Contact: Kevin Gunn (2015) Donlen Ruffin (2017) ATTACHMENTS 04AMEND CITY SECRETARY CONTRACT 57390 N HARRIS COMPUTER CORP funds availability.p (CFW Internal) FID Table N Harris Computer Amend CSC 57390.xlsx (CFW Internal) Harris Computer DVIN BE Waiver.pdf (CFW Internal) http://apps.cfwnet.org/council_packet/mc review.asp?ID=30211&counc'1date=9/13/2022 10/7/2022