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