HomeMy WebLinkAboutContract 52676 CITY SECRETARY
1�10NTRACT NO. 5a la 7 6
VENDOR SERVICES AGREEMENT
Elmore Solutions LLC
This VENDOR 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 Susan Alanis, its duly authorized Assistant City Manager, and ELMORE SOLUTIONS LLC
("Vendor"), a Limited Liability Corporation in Texas and acting by and through Randall Elmore, its duly
authorized Owner, 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 Vendor Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Price Schedule; and
4. Exhibit C—Verification of Signature Authority Form.
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.
Elmore Solutions LLC shall provide cloud-based fire investigation reporting software.Exhibit"A,"
- Scope of Services more specifically describes the services to be provided hereunder.
2. TERM.
This Agreement shall begin on the date signed by the Assistant City Manager below ("Effective
Date") and shall expire on twelve (12) months after ("Expiration Date"), unless terminated earlier in
accordance with this Agreement("Initial Term"). City shall have the option,in its sole discretion,to renew
this Agreement under the same terms and conditions,for up to three(3)one-year renewal options,at City's
sole discretion.
3. COMPENSATION.
City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform
services under this Agreement in accordance with the provisions of this Agreement and Exhibit`B,"—Price
Schedule. Total payment made under this Agreement for the first year by City shall be an amount not to
exceed Nine Thousand and 00/100 dollars($9,000.00).Vendor shall not perform any additional services
or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in
writing the additional costs for such services.City shall not be liable for any additional expenses of Vendor
not specified by this Agreement unless City first approves such expenses in writing.
4. TERMINATION.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any
reason by providing the other party with 30 days' written notice of termination.
OFFICIAL RECORD
CITY S
Elmore Solutions LLC Vendor Services Agreement FT WOOS 1,? 13
s
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 Vendor 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 Vendor for services actually rendered up to the effective date of
termination and Vendor 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,Vendor shall provide City with copies of all completed or partially completed documents prepared
under this Agreement.In the event Vendor has received access to City Information or data as a requirement
to perform services hereunder, Vendor 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. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this
Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor,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.Vendor 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.Vendor 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,Vendor 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.
Vendor 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 Vendor involving transactions relating to this Agreement at no
additional cost to City. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor 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 Vendor reasonable advance notice
of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Vendor 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,
Elmore Solutions LLC Vendor Services Agreement Page 2 of 13
Vendor 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
subVendors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between
City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants,
Vendors and subVendors. Vendor further agrees that nothing herein shall be construed as the creation of a
partnership or joint enterprise between City and Vendor. It is further understood that City shall in no way
be considered a Co-employer or a Joint employer of Vendor or any officers, agents,servants,employees or
subVendor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subVendor of
Vendor shall be entitled to any employment benefits from City. Vendor 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 subVendor.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY- VENDOR 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 VENDOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBYCOVENANTSANDAGREES
TO INDEMNIFY,HOLD HARMLESS AND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS
AND EMPLOYEES,FROMAND A GAINSTANYAND ALL CLAIMS OR LAWSUITS OFANYKIND
OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR
LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY
RESULTINGLOSTPROFITS)AND/OR PERSONAL INJURY,INCLUDING DEATH, TOANYAND
ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF
VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor 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 Vendor bears the cost and expense of payment for claims or actions against
City pursuant to this section,Vendor 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
Vendor 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
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,
Vendor shall fully participate and cooperate with City in defense of such claim or action. City agrees
to give Vendor 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 Vendor'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
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restrained or,if as a result of a settlement or compromise,such use is materially adversely restricted,
Vendor 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 Vendor terminate this Agreement,and refund all amounts paid
to Vendor by City,subsequent to which termination City may seek any and all remedies available to
City under law.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assbzrinient. Vendor 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 Vendor under which the assignee agrees to be
bound by the duties and obligations of Vendor under this Agreement.Vendor and Assignee shall be jointly
liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a written
agreement with Vendor referencing this Agreement under which sub Vendor shall agree to be bound by the
duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor
shall provide City with a fully executed copy of any such subcontract.
10. INSURANCE.
Vendor shall provide City with certificate(s) of insurance documenting policies of the following
types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
10.2 General Requirements
(a) The commercial general liability policies 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.
(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.
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(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 Vendor has obtained all required
insurance shall be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. COMPLIANCE WITH LAWS, ORDINANCES,RULES AND REGULATIONS.
Vendor 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 Vendor of any violation of such laws, ordinances, rules
or regulations,Vendor shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Vendor, for itself, its personal representatives, assigns, subVendors and successors in interest, as
part of the consideration herein, agrees that in the performance of Vendor'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 VENDOR, ITS PERSONAL
REPRESENTATIVES,ASSIGNS, SUBVENDORSS OR SUCCESSORS IN INTEREST,VENDOR
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:
To CITY: To VENDOR:
City of Fort Worth Elmore Solutions LC
Attn: Susan Alanis,Assistant City Manager Randall Elmore,Owner
200 Texas Street 413 Chaparral Dr.
Fort Worth,TX 76102-6314 Leander,TX 78641
Facsimile: (817)392-8654 Facsimile:
With copy to Fort Worth City Attorney's Office at
same address
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14. SOLICITATION OF EMPLOYEES.
Neither City nor Vendor 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 Vendor 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 Vendor'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.
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 Vendor 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.
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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 Vendor, 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.
Vendor warrants that its services will be of a high quality and conform to generally prevailing
industry standards.City must give written notice of any breach of this warranty within thirty(30)days from
the date that the services are completed. In such event, at Vendor's option, Vendor 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 Vendor for the nonconforming services.
26. IMMIGRATION NATIONALITY ACT.
Vendor 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, Vendor shall provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Vendor 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 Vendor employee who is not legally eligible to perform such services. VENDOR
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR,
VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written
notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
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
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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,
Vendor 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 Vendor 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
Vendor 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 Vendor 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
If Vendor has fewer than 10 employees or this Agreement is for less than$100,000,this section
does not apply. Vendor 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, Vendor certifies that Vendor's signature provides written verification to the City that
Vendor: (1)does not boycott Israel; and(2)will not boycott Israel during the term of the contract.
(signature page follows)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
r By signing I acknowledge that I am the person
responsible for the monitoring and administration of
this contract,including ensuring all performance and
By. Name: Kevin Cunn reporting requirements.
Title: Assistant City Manager
Date: A74 By: Ig
Name: Steve Stre ff
APPROVAL RECOMMENDED: Title: Assistant Director, IT Solutions
APPROVED AS TO FORM AND LEGALITY:
By:
Name:
Title: By:
Jo B. Str g
ATTEST: itle: AssistarifCity Attorney
CONTRACT AUTHORIZATION:
MAX: N/A
ante: ary ay
:r
itle: City Secretary � . .
VENDOR:
ELMORE SOLUTIONS LC ATTEST:
By: Azut",c4. Ca'"4z By:
Name: Randall Elmore Name:
Title: Owner Title:
Date: 08/01/2019
OFFICIAL RECORD
CITY SECRETARY
Elmore Solutions LLC Vendor Services Agreement . WO r 3
i
EXHIBIT A
SCOPE OF SERVICES
ELMORE SOLUTIONS
PROPOSAL FOR SERVICES
OVERVIEW
Elmore Solutions is pleased to submit this proposal for services to support the City of Fort Worth Fire Investigation
section in achieving their goals for improving the way information is collected and cocumented when conducting
Origin and Cause Investigations By using the proposed service their goals will be achieved by utilizing the electronic
worksheets that follow the guidelines set forth in NFPA 921,which is a guide for firE and explosive investigations
adopted by the Fire Investigation community and NFPA 1033.which is the standard for professional quallications for
fire investigators
The Objective
The City of Fort Worth Fire Investigation section is looking for Fire investigation reporting software that swill help
reduce investigator hours when authoring reports that meets the following requirements
• Need#1 Compliant with NFPA 921 and NFPA 1033
• Need#2 Customizable to allowfor authority having jurisdiction specific requirements
• Need#3 Compatible with tablet devices to use on scene along with desk top computers when returning to the
office
• Need#4 Allowfor a variety of input methods that includes.but is not limited to text,handwriting to text and
speech to text
• Need#5 Compatible with and able to be imported into Microsoft Word
• Need 46.Data is stored in a local or cloud based location that allows for case management and statistical
analysis
• Need#7 Stand-alone software-not subscription based
The Opportunity
With the needs and objectives provided by the City of Fort Worth Fire Investigation section,I am pleased to be given
an opportunity to help create a solution for their section
• Goal#1-Create a customized program to the specific requirernems for the Fire Investigation section
• Goal 42 After completion of the program build,integrate functional training on the new system
• Goal#3 Provide technical support for the City of Fort Worth Fire Investigation section for updates
OUR PROPOSAL
Elmore Solutions was created specifically for Fire Investigators by Fire Investigator;. As the owner I have direct
knowledge of what it takes to conduct a thorough fire scene examination and then produce a detailed Fire
Investigation written report that follows industry accepted guidelines The creation of this programwas to assist Fire
Investigators with a basic knowledge up to a master level of experience to produce consistent Fire Investigations
along with written reports
1
Elmore Solutions LC Vendor Services Agreement—Exhibit A Page 10 of 13
Elmore Solutions offers a cloud based,feature rich,case management system designed for the processing of fire
scenes following the scientific method outlined in NFPA 9210 and NFPA,1033C The scene wwrksheets are
developed specifically for the Fart Werth Fire Investigation sections direct input
The City of Fort Worth Fire Investigation section has a vwetl-deserved reputation for conducting quality Origin and
Cause examinations followed by detailed written reports However,faced with changes within the Fire Investigation
industry,it is becoming increasingly more difficult to complete Origin and Cause fire scene examinations and written
detailed reports in a timely manner
The City of Fort VVorth Fire Investigation section nowfaces the possibility of decreasing work output due to the to the
constraints of all the documentation needed along with inefficient methods to collect the data needed for a detailed
NFPA 921 compliant written report
We have developed solutions to help Fire Investigators stay ahead of the curve by implementing worksheets with
simple drop-down menus and speech to text fieldsto document a fire scene examination The use of our program
has shown to reduce the time it takes currently to development an Origin and Cause report by 90% This is possible
because of the efficient collection process this program is designed to perform
Wth the utilization of our program.Fire investigators will be able to conduct fire investigations more efficiently-The
tirne(hours)saved can now be used to complete task the section has set aside because of previous time constraints
to higher priority events
The benefits of using our program include.
• Saves Fire Investigators time in the field by documenting the fire scene thoroughly without the need to return
to the scene because of missed documentation
• Saves time in the office by eliminating redundancy,and letting ES worksheets disseminate the information
collected to created forms needed for case management.
• With the data collected from each scene,Fire Investigators have the ability to quickly create a well-
documented written Origin and Cause Report that follows the guidelines setforth in NFPA 9210 by
downloading the data into a Microsoft Word document report template
• Case Managers will be able to access each Investigators worksheet to determine the direction each
individual case needs to proceed
• A quick snapshot of statistics pertaining to the Fire Investigation section can be.viewed in a Pie or Bar
graph
• To support our program no assistance from your IT department is necessary You must have Microsoft
Word/Excel and internet access to use Internet Explorer 9 or later,Google Chrome,Mozdla Firefox,Opera
or Safari.There is no need to install any software on your computers or servers
Because of the constraints set forth by the Fort Worth Fire Investigation section of requesting Fire Investigation
software without a subscription service,I am able to waive my current practice of a yearly subscription service which
is 53,600 a year for an organization this size
I will build and customize a program for the Fort Worth Fire Investigation section per their request as long as the Fire
Investigation section purchases an account(no contract needed)from the platform"Formsite'(www_formsite.com�
Once this purchase has been made,I will be able to customze build and transfer the information to the Fire
Investigations created Formsite account. I chill then act as the technical support representative to update needed
changes the Fire Investigation section request throughout the use of the program
Timeline for Execution
Key project dates are outlined below Dates are best-guess estimates and are subject to change until a contract is
executed
2
Elmore Solutions LC Vendor Services Agreement—Exhibit A Page 11 of 13
EXHIBIT B
PRICE SCHEDULE
Description Start Date End Date Duration
Project Start 07/01/2019 07/14f2019 2 weeks
PRICING
The folkrwing table details the pricing for delivery of the services outlined in this proposal.This pricing is valid for 90
days from the date of this proposal:
Services Cost Category 91 Price
Custom Build of Fire Investigation Origin and Cause Program $7,500
Training with one year of program customizations $1,500
Total Services Category 91 Costs $9,000
Services Cost Category 02
Technical Support after first year billed at an hourly rate $125 an hour
Disclaimer:The prices listed in the preceding table are an estimate for the services discussed.This summary is not a
warranty of final price.Estimates are subject to change 0 project specifications are changed.
CONCLUSION
I look forward to have an opportunity to work with the Fort Worth Fire Investigation section. The love,dedication and
passion I have in this industry field has allowed me to twill strong relations with organizations that develop into
friendships.Your needs are extremely important to me and I always aim to provide results that surpass expectations
with regard to quality and professionalism.
Thank you for your consideration,
Randy Elmore
.Pa.+".A. e-11"44'
Owner/Operator
512 576-1542
3
Elmore Solutions LC Vendor Services Agreement—Exhibit B Page 12 of 13
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
VENDOR NAME:_ELMORE SOLUTIONS LLC
ADDRESS: 413 CHAPARRAL DR.,LEANDER,TX 78641
SERVICES TO BE PROVIDED: CLOUD-BASED FIRE INSPECTION REPORTING
SOFTWARE
Vendor hereby agrees to provide City with independent audit basic financial statements, but also the fair
presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or
change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution,
ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation
set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an
updated Form within ten (10) business days if there are any changes to the signatory authority. City is
entitled to rely on any current executed Form until it receives a revised Form that has been properly executed
by Vendor.
1. Name: Randy Elmore
Position: Owner
A .A.
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name: Randall A Elmore
Signature of President/CEO
Other Title:
Date: 08/01/2019
Elmore Solutions LC Vendor Services Agreement—Exhibit C Page 13 of 13