HomeMy WebLinkAboutContract 53409 City Secretary Contract No. 5 340
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VENDOR SERVICES AGREEMENT
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 and Vepo,
LLC ("Vendor"), a Texas Limited Liability Company, 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. Vepo shall provide a secured Internet based system allowing Backflow
Prevention Assembly Testers (BPAT) to input Texas Commission on Environmental Quality (TCEQ)
approved backflow Test and Maintenance(T&M)Reports,and Customer Service Inspectors(CSI)to enter
TCEQ approved Customer Service Inspection Certificates.In addition,the Internet based system will allow
for tracking the retrieval and disposal of fats,oils,and grease.The information and reports will be available
for review by the City at their discretion. The Internet based system is herein referred to as the "Online
Backflow & CSI Management System". 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 November 30, 2020("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 four(4)one-year renewal options,
at City's sole discretion.
3. Compensation. City shall not pay Vendor for its services under this Agreement. Vendor shall
pay City in accordance with the fee schedule detailed in Exhibit B—Price Schedule. City shall not be
liable for any additional expenses of Vendor not specified by this Agreement unless City first approves
such expenses in writing.
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OFFICIAL RECORD
SECRETARYCITY
Vendor Services Agreement FT. WC+ftW; 3
City Secretary Contract No.
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 60 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify 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 C}ty 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 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act.In the event there is a request for information marked Confidential or Proprietary,
City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
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.
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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 to such
records involving only transactions relating to this Agreement 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, 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, Vendors 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.
S. 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 HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTS AND EMPL0YEES, FR OM AND A GAINST ANY AND A LL CLAIMS
OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PR OPER TY DAMA GE OR LOSS(INCL UDING ALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS,
A GENTS, SER VANTS OR EMPL OYEES.
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
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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 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 Assignment. 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
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(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Vendor, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle" shall be any vehicle owned, hired and non-owned.
(c) Professional Liability(Errors & Omissions):
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall be claims-made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance shall be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile 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.
(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.
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(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 Vepo, LLC.
Attn: Dana Burghdoff John DeCell, Managing Member
Interim Assistant City Manager 25740 Century Oaks Blvd
200 Texas Street Hockley, Texas 77447
Fort Worth, TX 76102-6314
With copy to Fort Worth City Attorney's Office at
same address
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
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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. 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
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Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all 1-9
forms and supporting eligibility documentation for each employee who performs work tinder 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. Data.
Data is defined as the electronic information required by the TCEQ for the submittal of backflow T&M
Reports and/or CSI Certificates collected by Vendor's Online Backflow& CSI Management System.
28. Ownership.
Vendor hereby assigns to City, without any requirement of further consideration, all right, title, or interest
Vendor may have to the Data, including any copyrights or other intellectual property rights to the
same. Subject to the provisions of this Agreement,the City hereby grants to Vendor a non-exclusive,non-
transferable, right to internally use the Data for the sole purpose of enabling Vendor to develop, test, and
support the Online Backflow& CSI Management System.
29. 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 Fonn, 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.
30. 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 fixture invoice payments.
31. No Boycott of 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.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
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City Secretary Contract No.
(signature page follows)
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City Secretary Contract No.
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
this contract, including ensuring all performance and
By. reporting requirements.
Name: Dana B do
Title: Interim// Assista City Manager
Date: 6 20f 0 By:
Name: Micah Reed
APPROVAL RECOMMENDED: Title: Water Conservation Manager
/I L APPROVED AS TO FORM AND LEGALITY:
By:
Name: Chris Harder
Title: Director, Water Department By
Name: Jog f3. Strong
ATTEST: Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C:
By:
Imo. s t
Name: Mary Kays
Title: City Secretary ' -
VENDOR:
Vepo, LLC
By:
Name: e4//
Title: ,��,,,� JY(.,•,�•�
Date: 12/3 20 M
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Vendor Services Agreement Page 10 of 13
EXHIBIT A
SCOPE OF SERVICES
STATEMENT OF WORK
INTRODUCTION/BACKGROUND
The City of Fort Worth (the "City") is required by the Texas Commission on Environmental Quality("TCEQ') per
Chapter 290—Public Drinking Water, Subchapter D: Rules and Regulations for Public Water Systems (the "Rules"),
to maintain a cross-connection control program for the protection of the water supply and the health and safety of
the citizens of the City and the public in general. The Rules require the Backflow Prevention Assembly Tester
("BPAT")to enter backflow Test and Maintenance Reports ("T&M Reports"), and/or the Customer Service
Inspector("CSI") to enter customer Service Inspection Certificates ("CSI Certificates") on TCEQ approved forms.
The backflow T&M Reports and/or CSI Certificates are required to be stored for a specified period of time per the
Rules, and the City is required to provide the forms to TCEQ inspectors or examiners upon request.
OBJECTIVE
The City desires to refrain from the collection of paper T&M Reports and/or CSI Certificates and move to an
online system to collect the data electronically. This will reduce the amount of paper work and man hours for City
personnel. The electronic storage of the data will make it easier for the City to retain the information for the
specified period of time as set in the Rules, and to retrieve the data as required to manage the cross-connection
control program.
The City has determined it is in the City's best interest to engage a professional service provider for the online
system to collect the data. Vepo, LLC(the "Company") will provide a secured Internet based system allowing
BPATs to input TCEQ approved backflow T&M Reports and CSIs to enter TCEQ approved CSI Certificates, herein
referred to as the "Online System" and make the information and reports available for review by the City at their
discretion.
In addition, the City may require additional services including, but not limited to, an online system for tracking
the retrieval and disposal of fats, oils, and grease.
STATEMENT OF WORK
The Online System collects the information required by the TCEQ for the entry of backflow T&M Reports and/or
CSI Certificates.
Backflow Prevention Assembly Tester(BPAT)Information
Company Account and Registration
• The Online System will allow each BPAT company to create a unique password protected account for
registration and entry of backflow T&M Reports. The primary BPAT company account is considered the
"master" account. The master account is typically the owner or manager of the business.
• Each BPAT company master account may have an unlimited number of unique password protected
"sub-accounts", or employee accounts, for each BPAT working for the company.
• The BPAT company may register any required general liability insurance and email a CO! to the Company
for verification. Each BPAT's license number must be registered in the associated account with the
— 1 —
Company verifying the license expiration date through the TCEQ website. Any BPAT company fire
license must be registered in the account with the Company verifying the expiration date through the
State Fire Marshall's website. A Test for Accuracy report must be emailed for verification to the
Company for each registered test gauge in the account. Any insurance, fire license, or Test for Accuracy
reports registered in the BPAT company master account will automatically apply to all sub-accounts.
• The BPAT company may search for any paid receipts for any T&M Report submittals.
• On the Account Overview,the BPAT master account or sub-account can see a list of the most recent
T&M Reports entered into the Online System, as well as buttons to show assemblies coming due for a
test over the next 90-days that were tested by the BPAT company the previous year. This easy access to
upcoming assemblies due for a test is designed to increase compliance and reduce any cost to the City
associated with enforcement activities.
BPAT Property or Assembly Search
• The BPAT master account or sub-account can search for a specific assembly, or for all assemblies at a
particular address. The search criteria are as follows:
General Search Criteria
Record Search Scope: My test history only, Any Registered City or Water District
Test History: Latest Test Only, Complete Test History
Account Number:
Assembly Serial Number:
Date Type: Any date range, Test Date, Expiration Date
Location/Property Criteria
Property Type: Residential, Commercial
Property Business Name:
Property Address: Street#, Street Name, Suite/Apt#
Contact/Mailing Criteria
Company Name:
Contact Name:
Mailing Address: Street#,Street Name, Suite/Apt#
• The search results will display a list of all assemblies meeting the set criteria. The BPAT may click on the
View button to the right of any assembly in the list to view the T&M Report.
• Search results may be exported to comma separated values (CSV), an Excel spreadsheet, or an Adobe
PDF document.
• A T&M Report may be printed to an Adobe PDF file for email to a client or for output to a physical
printer.
• A BPAT may request an assembly to be marked as out of service requiring validation by the Company. If
an assembly is to be taken out of service, the BPAT must answer the question-What is the reason for
the assembly being out of service? The assembly was replaced by another assembly, The assembly was
removed, Other.
— 2 —
T&M Report Submittal
• The BPAT must first search the Online System to determine if the assembly or property is already on
record. If it is, they may proceed entering a new test report for the assembly. If it is not, the BPAT may
enter a new assembly into the Online System. The assembly will automatically appear in the Company's
proprietary program for validation.
• The BPAT's license, fire license, test for accuracy report and any required insurance must be up to date
in the Online System or the system will not allow a test to be submitted.
• A fee is charged for backflow T&M Report submittals for each passing test, except for assemblies that
are owned by the City. All City owned assemblies located on properties that are marked as fee exempt
in the Online System are free of charge whether the T&M Report is entered by City personnel or a third-
party BPAT. Failed test reports may be submitted free of charge.
• The Online System will allow for a different charge for T&M Report submittals on assemblies on
commercial properties versus assemblies on residential properties.
• To submit a T&M Report,the BPAT must enter the following TCEQ required information:
Location/Property Information
Property Type: Commercial, Residential
Property Business Name:
Property Address:
Street#:
Street Name:
Suite/Apt#:
City:
State:
ZIP:
Assembly Owner's Contact/Mailing Information
Company Name:
Contact Name:
Mailing Address:
Street#:
Street Name:
Suite/Apt#:
City:
State:
ZIP:
Phone Number:
Email Address:
Backflow Information
Serial#:
Backflow Method: Double Check Valve, Reduced Pressure Principle, Pressure Vacuum Breaker, Spill-
Resistant Pressure Vacuum Breaker, Reduced Pressure Principle Detector, Reduced Pressure Principle
Detector Type-II, Double Check Detector, Double Check Detector Type-II, Air Gap
— 3 —
Manufacturer: Ames, Apollo, ARI, Buckner, Backflow Direct, Cash Acme, Cla-Val, Conbraco, Febco,
Flomatic, Hersey, Neptune,Watts, Wilkins, Other
Model:
Size: 3/8", 1/2", 3/4", 1", 1 1/4", 1 1/2", 211, 2 1/2", 3",411, 611,811, 1011, 12", 14", 16"
Location: (Limit 100 characters)
Hazard Type: Agricultural/Feed Lot, Domestic/Premises Isolation, Fire System, Gas Station/Car Wash,
Irrigation—Non Chemical, Irrigation -Chemical Feed, Laundry/Cleaners,
Medical/Dental/Laboratory/Mortuary, Nails/Salon/Grooming, Pool/Recreation/Athletics,
Restaurant/Vending/Grocery, Other
Backflow Test Information
Test Result: Passed, Failed
Test Date:
Time: AM PM
Reason for Test: New Installation, Existing Installation, Replacement
Is the assembly installed in accordance with manufacturer recommendations and/or local codes? Yes,
No
Is the assembly installed on a non-potable water supply(auxiliary)? Yes, No
Test Gauge: (Selections depend on any gauges that are up to date in the BPAT's account)
Reduced Pressure Principle Assembly: Check Valve#1,Check Valve #2, Relief Valve
Reduced Pressure Principle Assembly Detector: Main Check Valve#1, Main Check Valve #2, Main Relief
Valve, Bypass Check Valve #1, Bypass Check Valve#2, Bypass Relief Valve
Reduced Pressure Principle Assembly Detector Type-II: Check Valve#1, Check Valve#2, Relief Valve,
Bypass Check
Double Check Valve Assembly: Check Valve#1, Check Valve #2
Double Check Valve Assembly Detector: Main Check Valve#1, Main Check Valve#2, Bypass Check
Valve#1, Bypass Check Valve#2
Double Check Valve Assembly Type-II: Check Valve#1, Check Valve#2, Bypass Check
Pressure Vacuum Breaker&Spill-Resistant Pressure Vacuum Breaker: Air Inlet,Check Valve
Comments
(Up to 1,000 characters)
• The Online System will not allow a test to be marked as a passing test and contain failing information.
The Online System will stop the test during the submittal process and indicate to the BPAT what
information constitutes a failed test.
• Once a test report is entered into the Online System, it goes into the Checkout. The BPAT must pay for
the test report for it to become officially entered into the Online System. Up until the time the test
report is paid, the BPAT may edit or delete the report. Free T&M Reports such as a failed test or a City
owned assembly must still go through the Checkout procedure for validation purposes. The dollar
amount on these reports will show$0.00.
Service Inspection(CS1)Information
Company Account and Registration
• The Online System will allow each CSI company to create a unique password protected account for
registration and entry of CSI Certificates. The primary CSI company account is considered the "master"
—4 —
account. The master account is typically the owner or manager of the business.
• Each CSI company account may have an unlimited number of unique password protected "sub-
accounts", or employee accounts, for each inspector working for the company.
• The CSI company may register any required general liability insurance and email a COI to the Company
for verification. Each CSI's license number must be registered in the associated account with the
Company verifying the license expiration date through the TCEQ website. Insurance registered in the
CSI company master account will automatically apply to all sub-accounts.
• The CSI company may search for any paid receipts for CSI Certificate submittals.
• On the Account Overview,the CSI master account or sub-account can see a list of the most recent CSI
Certificates entered into the Online System.
CSI Property Search
• The CSI company or CSI sub-account can search for a specific property location. The search criteria are
as follows:
General Search Criteria
Water Supplier: Any Registered City or Water District
Account Number:
Needs CSI Inspection: Any Value, Yes, No
Has On-Site Sewage Facility: Any Value, Yes, No
Has Water Well: Any Value, Yes, No
Has Fire System: Any Value, Yes, No
Location/Property Criteria
Property Type: Residential, Commercial
Property Business Name:
Property Address: Street#, Street Name,Suite/Apt#
Contact/ Mailing Criteria
Company Name:
Contact Name:
Mailing Address: Street#, Street Name, Suite/Apt#
• The search results will display a list of all property locations meeting the set criteria. The CSI may click
on the View Property button to the right of a property in the list to view the details of the property
location, or click on the Submit CSI to submit a new CSI Certificate for the selected property location.
• Search results may be exported to comma separated values (CSV), an Excel spreadsheet, or an Adobe
PDF document.
Viewing a Property Record
• Viewing a Property Record displays the following information:
— 5 —
Water Supplier Results
Water Supplier: The Registered City or Water District
Water Supplier's Address: Street#, Street Name, Suite/Apt#
PWS ID:
Phone Number:
Email Address:
Location/Property Results
Account Number:
Property Type: Residential, Commercial
Property Business Name:
Property Address: Street#, Street Name, Suite/Apt#
Contact/ Mailing Results
Company Name:
Contact Name:
Mailing Address: Street#, Street Name, Suite/Apt#
Phone Number:
Email Address:
• The search results will display a list of all previous inspections performed at the property. The CSI may
click on the View button to the right of any previous inspection in the list to view the CSI Certificate.
• The search results will display a list of all assemblies located at the property. The CSI may click on the
View button to the right of any assembly in the list to view the T&M Report.
• A CSI Certificate orT&M Report may be printed to an Adobe PDF file for output to a physical printer.
CSI Certificate Search
• The CSI master account or sub-account can search for a specific inspection, or for all previous
inspections at a particular address. The search criteria are as follows:
General Search Criteria
Record Search Scope: My test history only,Any Registered City or Water District
Account Number:
Inspection History: Latest inspection only,Complete inspection history
Inspection Pass/Fail: Any result, Passed, Failed
Date to Search: Any date range, Inspection Date, Submission Date
Location/Property Criteria
Property Type: Residential, Commercial
Property Business Name:
Property Address: Street#, Street Name, Suite/Apt#
Contact/Mailing Criteria
Company Name:
Contact Name:
— 6 —
Mailing Address: Street#, Street Name,Suite/Apt#
• The CSI may click on the View Property button to the right of an Inspection in the list to view the details
of the property location, or click on the View Inspection button to view the CSI Certificate.
• Search results may be exported to comma separated values (CSV), an Excel spreadsheet, or an Adobe
PDF document.
• A CSI Certificate may be printed to an Adobe PDF file for output to a physical printer.
CSI Certificate Submittal
• The CSI must first search the Online System to determine if a previous inspection or the property is
already on record. If it is, they may proceed entering a new CSI Certificate for the property location. If it
is not, the CSI may enter a new CSI Certificate into the Online System. The CSI Certificate will
automatically appear in the Company's proprietary program for validation.
• The CSI's license and any required insurance must be up to date in the Online System or the Online
System will not allow a CSI Certificate to be submitted.
• CSI Certificate submittals are free of charge whether they are entered by City personnel or a third-party
CS I.
• Although all CSI Certificate submittals are set to $0.00,the Online System will allow for a different
charge for inspections on commercial properties versus inspections on residential properties.
• To submit a CSI Certificate, the CSI must enter the following TCEQ required information:
Location/Property Information
Property Type: Commercial, Residential
Property Business Name:
Property Address:
Street#:
Street Name:
Suite/Apt#:
City:
State:
ZIP:
Contact/ Mailing Information
Company Name:
Contact Name:
Mailing Address:
Street#:
Street Name:
Suite/Apt#:
City:
State:
ZIP:
— 7 —
Phone Number:
Email Address:
Inspection Results
Reason for Inspection: New construction, Existing service where contaminant hazards are suspected,
Major renovation or expansion of distribution facilities
Inspection Date:
The CSI must mark Compliance or Non-compliance for the following six questions.
1. No direct connection between the public drinking water supply and a potential source of
contamination exists. Potential sources of contamination are isolated from the public water system
by an air gap or an appropriate backflow prevention assembly in accordance with Commission
regulations.
2. No cross-connection between the public drinking water supply and a private water system exists.
Where an actual air gap is not maintained between the public water supply and a private water
supply, an approved reduced pressure-zone backflow prevention assembly is properly installed and
a service agreement exists for annual inspection and testing by a certified backflow prevention
tester.
3. No connection exists which would allow the return of water used for condensing, cooling or
industrial processes back to the public water supply.
4. No pipe or pipe fitting which contains more than 8.0%lead exists in private water distribution
facilities installed on or after July 1, 1988 and prior to January 4, 2014.
5. Plumbing installed after January 4, 2014 bears the expected labeling indicating=0.25% lead content.
If not properly labeled, please provide written comment.
6. No solder or flux which contains more than 0.2% lead exists in private water distribution facilities
installed on or after July 1, 1988.
The CSI must further certify that the following materials were used in the installation of the private
water distribution facilities:
Service Lines: Lead, Copper, PVC, Other
Solder: Lead, Lead Free, Solvent Weld, Other
Remarks
(Up to 1,000 characters)
Assemblies at this Location
The CSI and Backflow systems work in conjunction. The CSI can see the assemblies that are currently on
record at the location and mark each one as visually inspected. Should a CSI locate additional backflow
prevention assemblies during an inspection that do not currently have a T&M Report on record in the
Online System, the CSI can click on the Add Assembly button and add the assembly information to the
database. This action will automatically set the assembly due for a test. The due date is determined by
the City. Typically, the date is set to 30-days from the date the assembly is entered into the Online
System, however, it can be any time frame the City desires. Backflow prevention assembly information
entered by the CSI includes the following:
Category: Agricultural/Feed Lot, Domestic/Premises Isolation, Fire System, Gas Station/Car Wash,
Irrigation—Non Chemical, Irrigation - Chemical Feed, Laundry/Cleaners,
Medical/Dental/Laboratory/Mortuary, Nails/Salon/Grooming, Pool/Recreation/Athletics,
Restaurant/Vending/Grocery, Other
Sub-Category: Varies depending on the chosen Category selection
— 8 —
Backflow Method: Double Check Valve, Reduced Pressure Principle, Pressure Vacuum Breaker,Spill-
Resistant Pressure Vacuum Breaker, Reduced Pressure Principle Detector, Reduced Pressure Principle
Detector Type-II, Double Check Detector, Double Check Detector Type-II, Air Gap
Manufacturer: Ames, Apollo, ARI, Buckner, Backflow Direct, Cash Acme, Cla-Val, Conbraco, Febco,
Flomatic, Hersey, Neptune, Watts, Wilkins, Other
Model:
Size: 3/8", 1/2", 3/411, 1", 1 1/411, 1 1/211, 2", 2 1/2", 3", 411, 611, 811, 1011, 1211, 1411, 16"
Location: (Limit 100 characters)
Comments: (Limit 255 characters)
Additional Information
The CSI can enter the following additional information to the Certificate:
Does the property have an on-site sewage facility? (Yes/No)
Does a water well exist on the property? (Yes/No)
Is there a fire system at this property location? (Yes/No)
If there is a fire system, is it on a separate water supply? (Yes/No)
Is there a grease trap? (Yes/No)
Is there a sand &grit trap? (Yes/No)
Does the property have reclaimed water? (Yes/No)
Is there an irrigation system on the property? (Yes/No)
If there is an irrigation system, is it on a separate water supply? (Yes/No)
• Once a CSI Certificate is entered into the Online System, it goes into the Checkout. Even though the CSI
Certificate displays $0.00 in the checkout,the CSI must submit the Certificate for it to become officially
entered into the Online System and pass through the validation process. Up until the time the CSI
Certificate is submitted, the CSI may edit or delete the Certificate.
• If the City has marked a property location to be in need of a CSI by a specified date, and a passing CSI
Certificate is submitted for the property, the Online System will automatically remove the requirement
for a CSI on the property record and clear the date setting. If a failing CSI Certificate is submitted for the
property location, the requirement for a CSI will remain in effect by the existing date setting.
BPAT and CS1 Checkout-Process
• Backflow T&M Reports or CSI Certificates are not officially on record until they are submitted into the
Online System through the checkout process. Up until the time a T&M Report or CSI Certificate is
submitted, the BPAT or CSI may edit or delete the report or certificate.
• The master account can view reports or certificates by the following listings-this account and all sub
accounts, this account only, (Listing of each individual sub-account). A sub account can only view
reports or certificates for their individual account.
• A BPAT or CSI may not want to submit all reports or certificates in their account at one time. They can
"pick and choose" which reports or certificates they would like to submit. Each report or certificate has
a checkbox to the left of the listing. The BPAT or CSI can "uncheck" any report or certificate they do not
want to submit and click on the Update button to remove the report or certificate from the list. Once
only reports or certificates ready for submission are displayed, the BPAT or CSI can click on the Complete
Submission button to finish the process.
— 9 —
• Payment may be in the form of a credit card at the time of submittal, or prepayment with a check or
credit card. If a prepayment is received, the balance will be applied to the account. With each
submittal,the balance is lowered until it reaches$0.00. If the balance will only allow for a partial
payment, the checkout process will allow the remaining balance to be paid by credit card during the
submittal process.
• All credit card processing is performed on a secure site with Wells Fargo Bank as the merchant bank and
PayFlow Pro as the payment gateway. The Company does not store credit card information in a BPAT or
CSI's account for their added protection.
• During the submission process, all of the information on either a T&M Report or CSI Certificate is
validated to ensure that the Data remains correct and consistent in the Online System, and no duplicate
property records are created.
lWater System Information
Master and Sub-Accounts
• The Company will create a unique password protected account for the City to access the T&M Reports
and CSI Certificates within the Online System at any time, 24/7. The City may edit the contact
information and password at any time. The contact information in this "master" account will appear in
the renewal letters.
• The city's master account may have an unlimited number of unique password protected "sub-accounts"
for any personnel requiring access to the information. The master account manager may add or delete
these sub-accounts at any time, 24/7. The master account manager can assign different levels of
capabilities to each sub-account allowing them to modify information or simply view data.
• On the Account Overview,the City or any sub-account can see the number of T&M Reports and CSI
Certificates entered into the Online System broken out over the past ten days. By clicking on the View
button next to any specific day, a list will appear for the selected day along with the ability to view or
print any individual test report or certificate. The list may be exported to comma separated values
(CSV), an Excel spreadsheet, or an Adobe PDF document.
• On the Account Overview,the City can access the Property Log Records by clicking on one of three
buttons. The buttons will show all Property Log Records that are past due for a scheduled review, have
a scheduled review within the next 30-days, or all Other property logs.
Notifications
• Each account within the City may create their own set of notifications to assist in managing the backflow
program. For example, a user account may want to be notified whenever a failed test is entered into
the system, or possibly if a T&M report contains notes in the Remarks section of the report.
• Notifications may be color coded for easy recognition.
• Notifications may be sent by email immediately, at the end of the day, the end of the week or the end of
the month.
_ 10—
• The following information may be combined to create notifications:
Description/Account
Description:
Account:
Color Identifier:
Backflow Test Type
New Installation
Existing Installation
Replacement Assembly
Any
Property Type
Residential
Commercial
Any
Notification Filters
Failed Test
Passing Test Replaced Failed Test
Unknown Serial Number
Inactive Property
Non-Compliance
Potable/Non-Potable Mismatch
Duplicate Test Results
Out of Service
Contains Remarks
Backflow not Properly Installed
Any
Hazard Types
Agricultural/Feed Lot
Domestic/Premises/Isolation
Fire System
Gas Station/Car Wash
Irrigation Non-Chemical
Irrigation Chemical Feed
Laundry Cleaners
Medical/Dental/Laboratory/Mortuary
Nails/Salon/Grooming
Pool/Recreation/Athletics
Restaurant/Vending/Grocery
Other
Any
� 11 "'
Privacy
• The City may require privacy during the search or submittal of either a property record,T&M Report, or
CSI Certificate. If the privacy setting is enabled, the BPAT or CSI must have the property's account
number to view any information in the Online System. Without the account number, the BPAT or CSI
cannot view any property record information or enter a T&M Report or CSI Certificate. The account
number can only be supplied by either the property owner or the City. The Company will not release
the account number to any BPAT or CSI.
Water Supplier Add-On Fees
• The Company charges a submittal fee to the BPAT for the submission of a T&M Report. There is no
charge to the CSI for the submission of a CSI Certificate. Should the City need to generate income from
the submission of either a T&M Report or CSI Certificate, the Online System has the ability to set a
"Water Supplier"fee as an additional charge.
• The Company will pay the City their share of the T&M Report or CSI Certificate submittals on an agreed
upon schedule,typically a quarterly basis. The Company will supply a supporting document of all
payments in the form of a Microsoft Excel spreadsheet. The supporting document includes the
following:
Supporting Document
Creation Date ZIP Code
BPAT/CSI Company Name Serial Number
BPAT/CSI Name Assembly Type
BPAT/CSI License Number Manufacturer
Site ID Model
Business Name Hazard Type
Street Number Test Date
Street Name Transaction ID
Suite Transaction Date
City Total Payment
State City's Payment
Property Record Search
• The City master account or any sub-account can search for a specific property location. The search
criteria are as follows:
General Search Criteria
Account Number:
Active: Any Value, Yes, No
Is Fee Exempt: Any Value,Yes, No
Needs CSI Inspection: Any Value, Yes, No
Invalid Mailing Address: Any Value, Yes, No
Out of Area: Any Value,Yes, No
Has On-Site Sewage Facility: Any Value,Yes, No
Has Water Well: Any Value, Yes, No
Has Fire System: Any Value, Yes, No
— 12 —
Location/Property Criteria
Property Type:All Property Types, Residential, Commercial
Property Business Name:
Property Address: Street#, Street Name, Suite/Apt#
Contact/ Mailing Criteria
Company Name:
Contact Name:
Mailing Address: Street#, Street Name,Suite/Apt#
• Search results may be exported to comma separated values (CSV), an Excel spreadsheet, or an Adobe
PDF document.
• In the Property Record,the City can modify any of the Location/Property Criteria or the Contact/
Mailing Criteria and update the record. The City may also mark additional settings or requirements for
the site such as:
Active (Indicates if a company is active or out of business at this location)
Is Fee Exempt(Indicates if this is a City owned property that is exempt from testing fees)
Needs CSI Inspection (Indicates if a CSI is required at this property and if so, by a set date)
Invalid Mailing Address (Indicates the mailing address is invalid and a better address is not available)
Out of Area (Indicates the property is not located within the cities territory and a backflow test renewal
letter should not be mailed to this address)
Has On-Site Sewage Facility
Has Water Well
Has Fire System
• The City may insert notes about a property for future use, schedule a general review, or a review of a
specific assembly at the property location. These notes or reviews are noted in the Property Log.
Property Log settings are as follows:
Property Log History
Log Record Type: Informational Note, Scheduled Review, Completed Review
Review Date: (Set the date for a scheduled review)
Assembly Tag: N/A, Select from all assemblies on record at this location
Note: (Up to 250 characters)
The City may Edit or Delete any existing Property Logs by clicking on the associated button to the right of
the log entry.
• When viewing a property record, a list of all CSI Certificates associated with the property are displayed
under the CSI Inspections title bar. Clicking on the View button to the right of any inspection will display
the CSI Certificate. The certificate may be exported to an Adobe PDF format.
• When viewing a property record, a list of all T&M Reports associated with the property are displayed
under the Backflow Assembly Tests title bar. The City may select from the following view types to
expand or reduce the number of test reports displayed.
View Type: View current tests only,View complete test history
— 13
Clicking on the View button to the right of any test will display the T&M Report for the selected
assembly. The report may be exported to an Adobe PDF format.
Backflow Test Search
• The City master or sub-account can search for a specific assembly, or for all assemblies at a particular
address. The search can also be used to quickly and easily fulfill open records requests received by the
City. The search criteria are as follows:
General Search Criteria
Account Number:
Serial Number:
Hazard Type: All Hazard Types, Agricultural/Feed Lot, Domestic/Premises Isolation, Fire System, Gas
Station/Car Wash, Irrigation - Non Chemical, Irrigation -Chemical Feed, Laundry/Cleaners,
Medical/Dental/Laboratory/Mortuary, Nails/Salon/Grooming, Pool/Recreation/Athletics,
Restaurant/Vending/Grocery,Other
Backflow Method: All Device Types, Double Check Valve, Reduced Pressure Principle, Pressure Vacuum
Breaker, Spill-Resistant Pressure Vacuum Breaker, Reduced Pressure Principle Detector, Double Check
Detector, Air Gap
Test History: Latest Test Only, Complete Test History
Test Result: All Test Results, Passed, Failed
Service Status: All Status Types, In Service, Out of Service
Payment Status: Any Payment Status, Paid, Unpaid
Date to Search: Any date range, Test Date,Submission Date, Expiration Date
BPAT Criteria
BPAT License Number:
BPAT Company Name:
BPAT Contact Name:
Location/Property Criteria
Property Type: Residential, Commercial
Property Business Name:
Property Address: Street#, Street Name,Suite/Apt#
Contact/ Mailing Criteria
Company Name:
Contact Name:
Mailing Address: Street#,Street Name, Suite/Apt#
• From the BPAT Management button or menu selection, the City may search for a particular BPAT or
company. The search criteria are as follows:
BPAT Account Search Criteria
User ID/Email:
Company Name:
Contact Name:
Address:
Work#:
— 14 —
Cell#:
BPAT License Number:
Fire License Number:
Insurance Policy Number:
• The search results will display a list of all assemblies meeting the set criteria. The City may click on the
View button to the right of any assembly in the list to view the T&M Report.
• In the Online System,the most recent T&M Report for an assembly is marked as the current test. Older
T&M Reports for the same assembly are marked as previous tests. When viewing a T&M Report, the
City may click on the Is Current Test or Previous Test buttons to change the status setting of the test
report. In addition,the City may click on the In Service or Out of Service buttons to change the service
status of an assembly.
• By clicking on the Create New Search Template button,the City may create templates of common
search settings to select from. This process makes searching for common settings much faster and
easier.
• Search results may be exported to comma separated values (CSV), an Excel spreadsheet, or an Adobe
PDF document.
• A T&M Report may be printed to an Adobe PDF file for email to a client or for output to a physical
printer.
Out of Service Requests
• The Company attempts to handle all Out of Service Requests from the SPAT. There may be times when
the Company needs to contact the BPAT, and if necessary, key City personnel to assist with a request.
The City may search any request using the following criteria:
Out of Service Requests
Out of Service Status: All un-cleared requests, Requests marked as out of service (last 60 days), Cleared
requests(last 60 days), All requests(last 60 days)
Request Type: All request types,Assembly was replaced,Assembly was removed, Other
• The City may mark an assembly as In Service or Out of Service in the Online System by viewing the most
recent T&M Report and clicking on the In Service or Out of Service button.
CSI Inspection Search
• The City's master account or any sub-account can search for a specific inspection, or for all previous
inspections at a particular address. The search criteria are as follows:
General Search Criteria
Account Number:
Inspection History: Latest inspection only, Complete inspection history
Inspection Pass/Fail: Any result, Passed, Failed
Date to Search: Any date range, Inspection Date, Submission Date
— 15 —
Location/Property Criteria
Property Type: Residential, Commercial
Property Business Name:
Property Address: Street#, Street Name, Suite/Apt#
Contact/Mailing Criteria
Company Name:
Contact Name:
Mailing Address: Street#, Street Name, Suite/Apt#
Inspector Criteria
Inspector License Number:
Inspector Company Name:
Inspector Contact Name:
• The City may click on the View Property button to the right of an inspection in the list to view the details
of the property location, or click on the View Inspection button to view the CSI Certificate.
• Search results may be exported to comma separated values (CSV), an Excel spreadsheet, or an Adobe
PDF document.
• A CSI Certificate may be printed to an Adobe PDF file for output to a physical printer.
BPAT and CSI Management
• The City can quickly and easily search for all contact information on any BPAT or CSI company, or any
registered testers or inspectors, as well as expiration dates on insurance, licenses, and test gauges.
General Search Criteria
User ID/ Email:
Company Name:
Contact Name:
Address:
Work#:
Cell#:
Specific BPAT Search Criteria
BPAT License Number:
Fire License Number:
Insurance Policy Number:
Specific CSI Search Criteria
Inspector License Number:
Insurance Policy Number:
— 16 —
System Reports
• The backflow System Reports will quickly provide information on the number of test reports in the
Online System. The test reports will be shown as a total, and broken out as a total per year. Clicking on
any specific year will show the Data for the selected year. The test reports are shown by volume and as
a percentage of the total for each Property Type, Hazard, and Assembly Type.
• The Compliancy Status report will display the number of Active Assemblies and the number of
Compliant Assemblies along with the percentage (%) of assemblies that are in compliance for each
different hazard type as well as the totals for the City. Click on the View button to see a list of all
assemblies that are out of compliance by hazard type. Query results may be exported as Comma
Separated Values(CSV), an Excel Spreadsheet, or an Adobe Portable Document Format(PDF) printable
document.
• The CSI System Reports will quickly provide information on the number of inspections in the Online
System. The inspections will be shown as a total, and broken out as a total per year. Clicking on any
specific year will show the Data for the selected year. The inspections are shown by volume and as a
percentage of the total for each Inspection Result (passed or failed), Property Type, and Inspection Type
(New Construction, Existing Service and Renovation/Expansion).
Inspector Quick Access
• The Company will create a separate search website for City inspectors and other necessary personnel to
quickly search for an address alone. A list of all assemblies on record for the address will be displayed.
The inspector can view the report on any assembly at the property location and export the report to an
Adobe PDF format. This tool allows an inspector to quickly determine if all test reports are on record
prior to issuing a Certificate of Occupancy.
ResponsibilitiesThe Companies Duties, .. .
ilities
Website
• The Company provides their proprietary, secure, easy to use Online System for a BPAT or CSI to register
with the Online System, and to enter T&M Reports or CSI Certificates. The website will provide search
capabilities to allow the user to quickly and easily locate a property, assembly, or certificate. Detailed
information on the capabilities of the website are located in the sections of this Exhibit titled Backflow
Prevention Assembly Tester(BPAT) Information, Customer Service Inspection (CSI) Information, and
BPAT and CSI Checkout Process.
• The Company provides their proprietary, secure, easy to use Online System for the City to quickly and
easily review all T&M Reports or CSI Certificates at their discretion, 24/7. The website will provide
search capabilities to allow the user to quickly and easily locate a property, assembly, or certificate. In
addition, reports are available to quickly provide a global view of the Data within the Online System.
More detailed information on the capabilities of the website are located in the section of this Exhibit
titled Water System Information.
— 17 —
License, Insurance and Test Gauge Verification
• The Company will verify and enter in the Online System the expiration date of any BPAT, CSI, or fire
licenses, required insurance, and test for accuracy reports of all test gauges. Verification of these items
is typically handled within an hour, during normal business hours, but could take up to one business day.
• Should all licenses or required insurance expire,the Online System will not display the BPAT or CSI
company's information in the list of available testers in the City. Should all licenses, required insurance,
or test for accuracy reports expire,the Online System will automatically deactivate the account
preventing the entry of a T&M Report or CSI Certificate.
List of Registered BPATs or CSIs
• The Company will provide a direct link to the BPATs and CSIs registered in the Online System who have
selected to operate within the City, The list is generated in real time. To appear on the list, a BPAT or
CSI company must have an up to date required insurance policy and at least one current license. A BPAT
company must also have at least one current Test for Accuracy Report on a test gauge.
• A link to these pages may be placed on the City's website making it easier for the public to locate a
licensed professional to test or inspect their assembly(s). The link to the City's website is typically
included in the backflow renewal letters.
• BPAT companies that are licensed by the Texas Fire Marshall's Office are indicated by a flame icon in the
list.
• The Online System will allow a BPAT or CSI to be "hidden" in the list of registered testers or inspectors.
This will prevent City personnel from appearing in a list of commercial contractors.
• If a BPAT or CSI continuously submits incomplete or inaccurate Data, or performs in an unprofessional
manner, if the City's backflow ordinance will allow it, the BPAT or CSI can be "banned" from entering
further T&M Reports or CSI Certificates in the Online System.
Service Availability and Redundancy
• The Online System resides on two independent server clusters which are hosted by leading web service
providers. Each server cluster consists of enterprise level server architecture. This level of server
architecture maximizes service availability and provides a high level of Data protection.
• Each server is protected from drive failure and Data loss through an array of RAID configured hard
drives. In the event of a hard drive failure, the other drives on the RAID array will pick up the load until a
technician replaces the failed hard drive. The process is completely transparent to the end user and no
service interruption takes place.
• The frontend web server clusters are setup in a load balanced configuration. Load balancing consists of
two or more mirrored servers working in tandem with each other. Demand on the server cluster is
distributed evenly. Load balancing provides our server clusters with efficient hardware scalability. As
demand increases on our servers, we can simply drop another server into the load balanced server
array. Load balancing also provides a high level of redundancy in case of server failure. In the event of a
server failure, it is taken offline for repair and the mirrored servers in the load balanced server array will
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pick up the load. Once again, the process is completely transparent to the end user and no service
interruption takes place.
• The Company's services are protected against failure on a server cluster, data facility, and web host
provider level by a secondary server cluster hosted by a separate web host provider operating on a
completely different network. Failures at this level can include an "act of god" event such as an
earthquake or tornado destroying an entire data facility. Hackers and other hostile entities can also shut
down web services and even an entire network through Denial of Service (DOS) attacks. In the event of
a service failure at this level,the Company has redundancy plans in place to automatically redirect traffic
to our secondary server cluster through domain redirects. In the extreme event of our web hosting
provider's DNS server experiencing a DOS attack, which will negate domain redirects, we will send email
notifications to our end users with instructions on where to login to our secondary server cluster.
• The primary server cluster is managed and hosted by 1&1 Internet Inc., a leader amongst global Web
hosting providers. 1&1 hosts 13.27 million customers and over 19 million domain names in seven data
centers with 70,000 servers in Europe and the United States. Our primary server cluster is located in
1&1's state of the art data center located in Lenexa, Kansas. More detailed information on 1&1's Data
center may be found online at: http://www.landl.com/DataCenter. Our secondary server cluster is
hosted by Hivelocity. This set of servers is located half way across the country in the data center in
Tampa, Florida.
Data Backup, Replication, and Disaster Recovery
• Database backup is provided by professional database backup software. A full backup of our primary
database is made on an hourly basis. Backups are stored locally on the server and a copy of the backup
is also uploaded to a remote cloud storage service. In a worst-case scenario failure of the primary server
cluster or loss of Data integrity, the Data can be restored from the local or remote backup file.
• Data replication is the act of mirroring or syncing Data from one location to another. Data is replicated
to the company secondary server cluster by means of enterprise level transactional replication services.
Replicated Data on the secondary database server is the primary means of restoring lost or corrupted
Data.
• The Company's disaster recovery ("DR") plan consists of 3 components: A secondary server cluster
operating independently from the primary server cluster; Data replication; and professional hourly
backup. The secondary server cluster DR plan minimizes service interruption and Data loss during the
recovery process by already having a complete copy of the primary service in place and operational. If
the Data that was replicated to the server is corrupted in anyway, Data will be restored from cloud
backup which will never be more than one hour old.
Data Availability
• Through the Online System, all backflow T&M Reports or CSI Certificates are available for review online
24/7. The Water Supplier Administration user interface (UI) provides advanced querying capabilities.
Query results may be exported as Comma Separated Values (CSV), an Excel Spreadsheet, or an Adobe
Portable Document Format (PDF) printable document.
• If more advanced Data export functionality is needed,the Company can provide custom Data exports to
an FTP site or Cloud location in either a simple local database format such as Microsoft Access or comma
_ 19 —
separated values (CSV), or to more advanced Data exports such as replicating the City's Data to a MS
SQL Server to be accessed remotely.
Data Validation
• When a T&M Report or CSI Certificate is submitted into the Online System,the Online System
automatically converts addresses to match the United States Postal Service standards. For example,
prefixes such as North, South, East and West are converted to N, S, E and W. Suffixes such as Street,
Circle, Court and Drive are converted to St, Cir, Ct and Dr. This process standardizes the way addresses
appear in the Online System and keeps consistency between property records,T&M Reports and CSI
Certificates.
• When a T&M Report or CSI Certificate is submitted through the checkout process,the Company
proprietary validation program automatically compares the information to existing information in the
database. If there is an exact match,the T&M Report or CSI Certificate is entered into the Online System
without review. If there are any differences in the Data, the report or certificate will appear in the
validation program for review. The Company personnel manually review these validations to ensure
consistency in the Data on every business day. If necessary,the Company personnel will contact the
BPAT or CSI, and possibly key City personnel, to verify information and further ensure that test report or
certificate Data remains accurate and consistent in the Online System database.
• The validation program includes additional tools to search the database to locate and display potential
duplicate property records and potential duplicate backflow prevention assembly serial numbers. The
Company personnel manually operate these programs on a weekly basis to ensure there are no
duplicate records in the Online System.
• The Online System will create an Account Number for each individual property record. To further
maintain consistency with the City, the Online System can make use of the City's current Account
Number for each property location. This allows information such as the correct mailing address to be
updated more easily in the Online System via Data provided by the City.
Renewal Letters
• The Company will print, fold, stuff and mail first class up to three (3) customizable renewal letters for
any backflow prevention assemblies that are coming due for a test, or are no more than 60-days past
due. Letters are mailed on the first of each month. If the first falls on a weekend or holiday,the letters
are mailed on the next business day. Letters are typically sent for all assemblies that are coming due
next month, are due this month, or were due last month.
• For any assemblies that failed to be tested and are out of compliance,the Company will create an Adobe
PDF file containing out of compliance letters for all backflow prevention assemblies that are more than
60-days past due, and email the file to the City for delivery to the assembly's owner or owner's
representative.
• The frequency of renewal letters may be adjusted per property type and/or hazard type. For example,
renewal letters may be sent on all commercial assemblies every year. The City may choose to set
residential properties to receive letters every two years, three years, or possibly not at all. Another
example would be to send renewal letters for all residential assemblies with a hazard setting of
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Irrigation -Chemical Feed every year, a hazard setting of Irrigation- Non Chemical every two years, and
a hazard setting of Pool/Recreation/Athletics every three years.
• The renewal letters will include the city's logo in the top right corner. The property and mailing
addresses will appear near the top of the letter and will be read from the Online System database. The
body of the letter will follow with text that is customizable by the City. The website link to the list of
registered BPATs is typically included in the backflow renewal letters. A list of assemblies due for a test
will be displayed in a table at the bottom of the letter. The table displays information on up to seven
assemblies. Additional assemblies at the same property location will generate additional letters. The
information displayed per assembly includes the following:
Assembly Information
Assembly Type
Manufacturer
Model
Size
Serial Number
Location Description
Name and contact phone number of the BPAT who last tested the assembly if available
Last Test Date
Expiration Date
• The Company recommends that all renewal letters contain a statement referring to the testing of
backflow assemblies located on a fire system such as, "Note: Backflow prevention assemblies on fire
protection sprinkler systems are required by the State Fire Marshall to be tested and/or repaired by a
BPAT who is a full-time employee of a fire protection sprinkler company that is licensed with the State
Fire Marshall's Office.
• Backflow assemblies marked with a Fire System hazard type in the database are noted on the renewal
letter with the designation of***Fire System*** in the Location Description area.
• The frequency along with the content of the renewal letters is designed to increase compliance and
reduce any cost to the City associated with enforcement activities.
• A friendly reminder email notice is sent from the Company a week before letters are mailed to all
registered BPATs. The email reminds the BPATs to get any test reports entered into the Online System
before the first of the coming month to avoid having their clients receive a renewal notice. Email
notices are sent through the ConstantContact online service with an "unsubscribe" option.
Getting Started
Existing Assembly Information
• The Company will need to populate the initial Online System database with existing backflow T&M
Report Data provided by the City. In addition to the physical address where the assembly is located, and
the mailing address of the owner, the City shall provide the serial number, type of assembly,
manufacturer, model, size, location description, hazard type, and the most recent test date. The
Company will accept this information in an electronic format such as an SQL database, Microsoft Access
database, Excel spreadsheet, or comma delimited text file. If the Data is not available in an electronic
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format, the Company will accept paper T&M Reports and will manually enter the information into the
database. In either instance,there is no charge to the City for the Company to populate the database.
BPAT and CSI Notification
• The Company will request from the City a list of any BPATs currently submitting T&M Reports to the
City. In addition, the Company will search the TCEQ database for all BPATs located in the county in
which the City is located. The Company will then mail an introduction letter and Quick Start Guide to all
parties in the combined list informing them of the change in the submittal of T&M Reports within the
City, and the date the change will take effect.
• The Company will email a notice to all BPATs already registered in the Online System informing them of
the Cityjoining the Online System and the start date.
• If the City decides to make use of third-party CSIs, the Company will search the TCEQ database for all
inspectors located in the county in which the City is located and mail an introduction letter and Quick
Start Guide to each.
Training
• In addition to the help information in the Online System that is provided during the account creation
process, the Company will provide a Quick Start Guide for download or email with information for the
BPAT or CS] to assist them in getting up and operational. The Quick Start Guide may also be printed by
the City and made available at locations in the City such as the Permit department.
• The Company will provide on-site training for City personnel to assist them in the operation of the
Online System at no charge. Additional online training may be provided as needed for City personnel as
well as BPATs or CSIs at no charge.
• The Company will provide telephone support to the City, BPATs or CSIs at no charge.
PROJECT PHASES
• INITIATION PHASE
The Company will need to populate the initial Online System database with existing backflow T&M
Report data provided by the City. In addition to the physical address where the assembly is located, and
the mailing address of the owner, the City shall provide the serial number,type of assembly,
manufacturer, model, size, location description, hazard type, and the most recent test date. The
Company will accept this information in an electronic format such as SQL database, Microsoft Access
database, Excel spreadsheet, or comma delimited text file. There is no charge to the City for the
Company to populate the database.
The City will need to modify their website to include information on a cross connection control and the
Online System. The Company will provide suggested language with instructions on how a BPAT will
register in the Online System, and how a consumer can find a registered BPAT to test an assembly.
The Company will need a high-resolution color image of the City's logo for inclusion on the renewal
letters.
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In addition,the Company will need to know if general liability insurance will be required for BPATs or
CSIs, and if so, to what dollar extent.
The Company will need to verify that the City's Public Water Supplier ID number is TX2200012.
The company will prepare and send all documentation to the TCEQ for the City's approval to use the
Online System. The Company will need a letter of consent printed on the City's letter head and signed
by a City official. The Company will provide a sample letter of consent upon request.
• TRAINING PHASE
As specified in the Statement of Work,the Company will provide one or more on-site training classes for
City personnel to assist them in the operation of the Online System. There is no limit to the number of
City employees the Company will train to use the Online System, The Online System is very intuitive,
and learning the system is not a cumbersome task. Additional online training may be provided as
needed for City personnel as well as BPATs or CSIs. In addition, the Company will provide telephone
support to the City, BPATs or CSIs.
• IMPLEMENTATION PHASE
The implementation of the system will begin with the mailing of renewal letters on assemblies that are
coming due for a test or are currently out of compliance. New T&M Reports and/or CSI Certificates will
be entered by BPATs or CSIs in real time. City personnel will instantly be able to track T&M Reports and/or
CSI Certificates through their unique password protected login's.
COMMUNICATION AND COORDINATION
The Company fully understands that communication is key to a successful program and relationship. Although
all of the Company's staff are available to assist City personnel, the Company will provide an identified
designated contact person, including contact information, Monday through Friday between the hours of 3:00
AM (CST)through 5:00 PM (CST). If the designated contact person,or the designated contact person's contact
information changes, the City shall be notified within one (1) business day.
PERIOD OF PERFORMANCE
The Company desires an initial three (3)year term which shall begin upon execution of the Contract,with the
option to renew each year for one (1)year terms, unless services are terminated. Termination shall be provided
60 days prior to the end of the term and written notice shall be given by either the City or the Company. Any
renewal must be in writing and executed by the City or the Company.
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,I
EXHIBIT C j
VERIFICATION OF SIGNATURE AUTHORITY
Jere , L-c.c
(f.ek 6,7'X 17-W 7
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:
Position:
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:
60/
Signatur .of resident/CEO
Other Title: )Yfe..+6c/-
Date:_ 12/ /y i