HomeMy WebLinkAboutContract 51220-R2 CSC No.51220-R2
CITY OF FORT WORTH
CONTRACT RENEWAL NOTICE
August 4, 2020
Economic Modeling,LLC
Attn: Timothy van den Broek
409 South Jackson Street
Moscow, ID 83843
Re: Contract Renewal Notice
Contract No. CSC No. 51220(the "Contract")
Renewal Term No. 2: September 1,2020 through August 31,2021
The above referenced Contract with the City of Fort Worth expires on August 31, 2020
(the "Expiration Date"). Pursuant to the Contract, contract renewals are at the sole option of the
City. This letter is to inform you that the City requests renewal of the Contract for an additional
one (1) year period, which will begin immediately after the Expiration Date. All other terms and
conditions of the Contract remain unchanged. Please return this signed acknowledgement letter,
along with a copy of your current insurance certificate, to the address set forth below,
acknowledging receipt of the Contract Renewal Notice.
Please log onto PeopleSoft Purchasing at http://fortworthtexas.gov/purchasing to ensure
that your company information is correct and up-to-date.
If you have any questions concerning this Contract Renewal Notice, please contact me at
the telephone number listed below.
Sincerely,
Anabelle Pannell
Sr. Contract Compliance Specialist
200 Texas Street
Fort Worth, TX, 76102
Anabelle.Pannell @ fortworthtexas.gov
(817) 392 - 8461
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Contract Renewal Page 1 of 2
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
By Valerie Washington(Aug31,202015:45 CDT) ensuring all performance and reporting
Name: Valerie Washington requirements.
Title: Assistant City Manager
B Mark Deboer(Aug 31,2020 13:52 CDT)
APPROVAL RECOMMENDED: Name: Mark Deboer
Title: Interim Assistant Director, IT Solutions
APPROVED AS TO FORM AND
By: LEGALITY:
Name: Kevin Gunn
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for Ronald P Gonzales CONTRACT AUTHORIZATION:
By: for Ronald P.Gonzales(Aug 31,2020 16:55 CDT) M&C: NA
Name: Mary J. Kayser Date Approved:
Title: City Secretary
Form 1295 Certification No.:
Economic Modeling, LLC
By:
Name: Zachary Hurt
Title: General Counsel
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Contract Renewal Page 2 of 2
409 South Jackson Street
. EMS1
Moscow, ID 3
Tel:208-883-3500500
Fax:208-882-3317
www.economicmodeling.com
Emsi Representative: Adriana Arnone
Developer Agreement
This Developer agreement is between Fort Worth Economic Development Department of Fort Worth, Texas ("Licensee"), and
Economic Modeling, LLC of Moscow, Idaho("Emsi").
I. Subscription Term
Emsi will provide Licensee with access to Developer beginning September 1, 2020 and ending August 31, 2021, unless this
agreement is extended or renewed.
II. Fee
The fee for the subscription is$17,500.00, invoiced upon contract signature. Invoices are due 30 days from receipt. Sales tax
will be added for non-tax-exempt institutions when applicable.
III. Subscription Services
Users
Emsi will provide Licensee with access to Developer for up to 10 authorized user(s). Authorized users must be employees of
Licensee or of a partner entity specifically listed below. Emsi will issue each authorized user a unique login credential
(username and password). Login credentials may not be generic(e.g., email aliases)or shared. Licensee will designate one
person as the admin user,who will be authorized to manage Licensee's authorized user list and coordinate training.
List of partner entities receiving users through this agreement(if applicable):
Licensed Dataset
Licensee will be provided access to the following selected United States data("Licensed Dataset"):
Developer Data Detail Business Data Detail* Developer Add-Ons
Re ion Re ion
❑ National ❑ Emsi Zip ❑ Emsi County ❑National ❑ Emsi Zip ❑ Emsi County ❑ Job Posting Analytics
State(s) ❑ Emsi Zip ❑ Emsi County _State(s) ❑ Emsi Zip ❑ Emsi County Z Profile Analytics
12County(ies) Z Emsi Zip Z Emsi County _County(ies) ❑ Emsi Zip ❑ Emsi County ❑ On-Site Training**
List of selected region(s) (if applicable):
*Business Data Disclaimer Business data is offered as a convenience to Licensee, at Emsi's sole discretion. Emsi may
terminate Licensee's access to business data at any time. Such termination will not entitle Licensee to a refund of any fees
paid, or to a reduction of fees due for renewal subscriptions.
'Additional Fee(this additional fee is applicable only if the Product Add-On "On-Site Training"is selected above) In addition
to the subscription fee, if Licensee choses to add an On-Site Training to their agreement, Licensee shall reimburse Emsi, upon
completion of the On-Site Training, for travel expenses of the Emsi trainer(s) at an estimated cost of $1,500.00 but not to
exceed $2,000.00. Emsi will provide Licensee with an itemized invoice for reimbursable travel expenses payable within 30
days of receipt.
Additional Services Provided
The subscription includes the following services:
• Developer user training
• Technical support via telephone or e-mail
• Access to all new data releases(new data is released periodically)
• Access to all Developer updates and upgrades during the subscription period
Page 2 of 3
IV. Terms of Service
Economic Modeling, LLC dba Emsi ("Emsi") provides online SaaS applications that use labor market data to connect and
inform people, education, and business. Emsi's applications include Analyst, Developer, Career Coach, Workforce Insight,
Alumni Insight, Profile Analytics,Talent,Staffing,and College Analyst.These Emsi Terms of Service("ToS")apply to all Emsi's
current applications, as well as any applications Emsi develops in the future whether or not they are named here (collectively
"Emsi Apps").
License
Licensees of Emsi Apps are granted a non-exclusive, nontransferable, non-assignable limited license to access data (the
"Licensed Dataset")through Emsi Apps as follows:
a) Unless otherwise stated in a written agreement, login credentials(a username and password)will be issued only to
employees of a Licensee("authorized users"). Login credentials may not be shared. Licensee will not allow access
to Emsi Apps by anyone who has not been assigned login credentials by Emsi.
b) Licensee and Licensee's authorized users may(i)download elements of the Licensed Dataset using the download
tools in Emsi Apps for Licensee's internal use, and may(ii) publish static elements(e.g.,tables,charts, graphs) of
the Licensed Dataset in work products created by Licensee in the normal course of Licensee's business,either for
Licensee or for a third party, provided that Emsi is cited as the source of the data. The citation shall be substantially
in the form described in the Knowledge Base article, "How Do I Cite Emsi Data?" For clarity, Licensee may not
distribute any elements of the Licensed Dataset to a third party on an on-demand or standalone basis—i.e.,
separate from Licensee's material contributions of data and/or effort in providing its own services to the third party.
c) Licensee may not distribute any part of the Licensed Dataset to a third party in any manner that allows it to be further
manipulated for that third party's independent use.
d) Licensee may not use any automated means or form of scraping or data extraction to access, query or otherwise
collect Emsi content from Emsi Apps or the Licensed Dataset,or otherwise access Emsi Apps or the Licensed
Dataset by any automated means or process,except as expressly permitted by Emsi. If Licensee's subscription
includes access to a bulk data downloader, Licensee may only use the data downloader to run custom reports
directly from the Emsi App licensed under this agreement. Licensee may not use the downloaded data in any other
applications or software systems except as necessary for conducting analysis of the downloaded data(and not,for
instance,for distributing the downloaded data internally or externally).
e) Neither Licensee nor Licensee's authorized users will attempt to replicate Emsi Apps or the Licensed Dataset in
design,content, or functionality.
f) If an Emsi App or Licensed Dataset includes access to individual profiles or personally identifiable information ("PII"),
Licensee may only publish aggregated data that cannot be used to identify individual persons, and may not under
any circumstance publish PII or data that may be manipulated or reverse engineered to create PII.
g) Any Licensed Dataset that includes profile data or PII is to be used for research purposes only. No Licensed Dataset
may be used to identify or evaluate a person in a way that violates applicable employment, privacy, or other laws.
h) The individual job postings may only be used for, broadly defined,the discovery, interpretation and/or
communication of meaningful patterns in and/or aggregations or summaries of the respective data through software
tools for any purpose, including but not limited to the calculation of aggregate statistics or use of the data for any
investment purpose(individually and jointly also referred to as: "Analytics"). The use of the individual job postings or
any subset, modified or derived version thereof for any other purpose than for Analytics, including but not limited to
making the individual job postings available to third parties (e.g. on a website that is publicly accessible or as content
in any software system) is prohibited;except that access to a limited number of individual job postings as illustrations
of the use for Analytics purposes is permitted (up to a 100 individual job postings at maximum per illustration
access).
Licensees may contact Emsi for permission to use the Licensed Dataset in a use case not covered by these ToS.
Disclaimers
The reports and forecasts in Emsi Apps and Licensed Datasets are created using proprietary analytical processes applied
to data from public,proprietary,and government data sources.Emsi uses estimates when there are suppressed or missing
data points, and such estimates are subject to error. Data, reports, and forecasts included in Emsi Apps and Licensed
Datasets may differ significantly from actual circumstances or outcomes. In addition, Emsi cannot make any representation
of the completeness of data aggregated from any source.
Page 3 of 3
Emsi Apps use global professional profiles built with data posted online by individuals about themselves.Such data comes
from sources such as professional networking sites, talent hubs, blogs, publications, journals, and social networks. Any
information obtained from such sources cannot be guaranteed or verified to be accurate or up to date.
Emsi Apps and the Licensed Datasets are provided "as is,"without warranty for a particular purpose or project. Emsi is
not liable for their misuse, or for the results of any planning errors based thereon. Licensee is fully responsible for the
decisions that are made based on Emsi Apps and the Licensed Datasets and the outcomes of those decisions, including
any economic loss.
Emsi's liability for damages to Licensee shall not exceed the amount Licensee paid to Emsi for the product or service in
question.
Licensee is responsible for providing computer equipment that meets the minimum technical requirements for accessing
Emsi Apps described at httr)://www.economicmodelin(l.com/docs/analyst technical reguirements.pdf.
Emsi updates and upgrades products and services periodically. Emsi is not obligated to continue to support legacy
versions of any product or service or make legacy versions of products or services available to Licensee. Emsi may update
these ToS at any time without prior notice. Substantial changes to these ToS will be presented to authorized users at their
next login after the changes are posted. Authorized users are required to read and agree to these ToS as a condition of
using Emsi Apps and Licensed Datasets.
For answers to questions about Emsi Apps, Licensed Datasets,or these ToS, go to Emsi's online Knowledge Base, use
Emsi's online Get In Touch contact form, or contact your customer service representative by email or at 208-883-3500.
V. Applicable Law
Any litigation regarding interpretation or enforcement of this agreement shall be brought in the state of Texas, and this
agreement shall be interpreted according to the laws of the state of Texas without regard to any conflict of law provisions.
VI. Licensee Contact Information (to be completed by Licensee before contract signature)
Invoice Contact Admin User
Name:
Title:
Email:
VII. Compliance with Laws
Emsi warrants that its performance under this agreement complies with all applicable laws. If at any time during the term of
this agreement it becomes unlawful for Emsi to continue performance, Emsi may immediately terminate its performance
under this agreement without penalty. If Emsi terminates under this section, Emsi will refund the unused portion of any
prepaid fees.
Vill. Complete Agreement
This is the complete agreement between the parties.Any amendments to this agreement, including any terms that Licensee
is required by law to include in a contract for services, must be in writing and signed by both parties.
For Emsi: For Licensee:
ad') Aug 31,2020
08/31/2020
Valerie Washington(Aug 31,2020 15:45 CDT)
Authorized Signature Date Authorized Signature Date
-Zachary Hurt Valerie Washington
Printed Name Printed Name
Economic Modeling, LLC Fort Worth Economic Development Department
409 South Jackson Street 1150 South Freeway
Moscow, ID 83843 Fort Worth,Texas 76104