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HomeMy WebLinkAboutContract 42877CITY SECRETARY CONTRACT NO. t7 PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is made and entered into by and between the CITY OF FORT WORTH (the "City," or "Agency" or "Customer'), a home rule municipal corporation situated in portions of Tarrant, Denton and Wise Counties, Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and ACCELA, INC., ( "Consultant," or "Accela," or "Contractor "), a California Corporation and acting by and through Colin Samuels, its duly authorized Assistant General Counsel. The Contract Documents shall include: 1) This Agreement plus all exhibits and attachments listed below, which are attached hereto and incorporated herein for all purposes incident to this Agreement: A. Exhibit A — Statement of Work B. Exhibit B — Statement of Work Payment Schedule C. Exhibit C -- Network Access Agreement D. Exhibit D — Verification of Signature Authority Form E. Attachment A — Accela License Agreement F. Attachment A -1 — License Payment Schedule G. Attachment B — Accela Maintenance Agreement H. Attachment B -1 — Maintenance Payment Schedule In the event of any conflict between the documents, the terms and conditions of this Professional Services Agreement shall control. 1. SCOPE OF SERVICES. Consultant hereby agrees to provide the City with professional consulting services for the purpose of providing Accela Land Management software and implementation services for the Planning and Development Department. Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit "A," Statement of Work, more specifically describing the services to be provided hereunder. 2. TERM. This Agreement shall commence upon February 1, 2012 ( "Effective Date ") and shall expire on May 1, 2013, unless terminated earlier in accordance with the provisions of this Agreement or otherwise agreed to by the parties. 3. COMPENSATION. The City shall pay Consultant an amount not to exceed $633,820 in accordance with the provisions of this Agreement and the Payment Schedules attached as Exhibit "B," Attachment "A -1," and Attachment "13-1," which are incorporated for all purposes herein. Consultant shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. The City shall not be liable for any additional expenses of Consultant not specified by this Agreement unless the City first approves such expenses in writing. 4. TERMINATION. 4.1. Written Notice. �RE OF FICIAp The City or Consultant may terminate this Agreement at any time an or an r I providing the other party with sixty (60) days written notice of termination. CITY SGETARY FT WORTH, TX Exhibit / Attachment ` ° — -- ° -- - - -- - Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 1 of 31 i r •1 4.2 Non- aoorooriation of Funds In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Consultant 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 the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, the City shall pay Consultant for services actually rendered up to the effective date of termination and Consultant shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. Consultant hereby warrants to the City that Consultant has made full disclosure in writing of any existing or potential conflicts of interest related to Consultant's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby agrees immediately to make full disclosure to the City in writing. Consultant, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Consultant 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. Consultant shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. 6. RIGHT TO AUDIT. Consultant agrees that the 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 of the consultant involving transactions relating to this Contract at no additional cost to the City. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant reasonable advance notice of intended audits. Consultant further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final payment of the subcontract, 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 of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Consultant shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Consultant 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, contractors and Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 2 of 31 subcontractors Consultant acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Consultant, its officers, agents, employees, servants, contractors and subcontractors. Consultant further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Consultant. It is further understood that the City shall in no way be considered a Co- employer or a Joint employer of Consultant or any officers, agents, servants, employees or subcontractors of Consultant. Neither Consultant, nor any officers, agents, servants, employees or subcontractors of Consultant shall be entitled to any employment benefits from the City. Consultant 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 subcontractors. LIABILITY AND INDEMNIFICATION. LIABILITY - CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE ANDIOR 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 CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. INDEMNIFICATION - CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. Copyright Infringement - Accela agrees to defend, settle, or pay, at its own cost and expense, any claim or action against the City for infringement of any patent, copyright, trade secret, or similar property right arising from City's use of the software and /or documentation in accordance with this agreement. Accela 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, and City agrees to cooperate with it in doing so. City agrees to give Accela timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. 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, Accela 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 Accela, terminate this agreement and pay to City an amount equivalent to the payments actually made to Accela under this agreement. ASSIGNMENT AND SUBCONTRACTING. Consultant shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the City. If the City grants consent to an assignment, the Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 3 of 31 assignee shall execute a written agreement with the City and the Consultant under which the assignee agrees to be bound by the duties and obligations of Consultant under this Agreement. The Consultant and Assignee shall be jointly liable for all obligations under this Agreement prior to the effective date of the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with the Consultant referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the Consultant under this Agreement as such duties and obligations may apply. The Consultant shall provide the City with a fully executed copy of any such subcontract. Consultant may assign its rights and obligations hereunder for purposes of financing or pursuant to corporate transactions involving the sale of all or substantially all of its stock or assets. Consultant will provide advance written notice of any such assignment to Customer thirty (30) calendar days prior to such assignment. 10. INSURANCE. Consultant shall provide the City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 Coveraqe and Limits (a) Commercial General Liability $1,000,000 Each Occurrence $1,000,000 Aggregate (b) Automobile Liability $1,000,000 Each accident on a combined single limit basis or $250,000 Bodily injury per person $500,000 Bodily injury per person per occurrence $100,000 Property damage Coverage shall be on any vehicle used by the Consultant, its employees, agents, representatives in the course of the providing services under this Agreement. Coverage shall extend to "hired" and "non- owned" vehicles. (c) Worker's Compensation Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease - per each employee $500,000 Disease - policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee (d) Technology Liability (E &O) $1,000,000 Each Claim Limit $1,000,000 Aggregate Limit Coverage shall include, but not be limited to, the following: (i) Failure to prevent unauthorized access Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 4 of 31 (ii) Unauthorized disclosure of information (iii) Implantation of malicious code or computer virus (iv) Fraud, Dishonest or Intentional Acts with final adjudication language Technology coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Technology E &O. Either is acceptable if coverage meets all other requirements. Any deductible will be the sole responsibility of the Prime Vendor and may not exceed $50,000 without the written approval of the City. Coverage shall be claims -made, with a retroactive or prior acts date that is on or before the effective date of this Contract. Coverage shall be 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 the City to evidence coverage. 10.2 Certificates. Certificates of Insurance evidencing that the Consultant has obtained all required insurance shall be delivered to the City prior to Consultant proceeding with any work pursuant to this Agreement. All policies shall be endorsed to name the City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agent, and volunteers in respect to the contracted services. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. A minimum of thirty (30) days notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten (10) days notice shall be acceptable in the event of non - payment of premium. Such terms shall be endorsed onto Consultant's insurance policies. Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. 11. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. Consultant agrees that in the performance of its obligations hereunder, it will 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 the City notifies Consultant of any violation of such laws, ordinances, rules or regulations, Consultant shall immediately desist from and correct the violation. 12. NON - DISCRIMINATION COVENANT. Consultant, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Consultant'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 Consultant, its personal representatives, assigns, subcontractors or successors in interest, Consultant agrees to assume such liability and to indemnify and defend the City and hold the 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 The CITY: City of Fort Worth Planning and Development Department Attn: Clint Mills To CONSULTANT: Accela, Inc Attn: Contracts Administration 2633 Camino Ramon, Suite 120 Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 5 of 31 1000 Throckmorton Fort Worth TX 76102 -6311 clint. mi I I s(jdjo rtworth texas. gov Facsimile: (817) 392 -7985 With Copy to the City Attorney At the same address 14. SOLICITATION OF EMPLOYEES. Bishop Ranch 3 San Ramon, California 94583 contractsadmin(cDaccela.com (925) 659 -3201 Neither the City nor Consultant 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. 15. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 16. NO WAIVER. The failure of the City or Consultant 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 the City's or Consultant'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. The City and Consultant 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 (force majeure), 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 Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 6 of 31 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 hereto. 22. AMENDMENTS. No amendment of this Agreement shall be binding upon a party hereto unless such amendment is set forth in a written instrument, which is executed by an authorized representative of both parties. 23. ENTIRETY OF AGREEMENT. This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Consultant, 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. 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(s) hereto, may be executed by any authorized representative of Accela whose name, title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit D and incorporated herein by reference. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 25. 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. 26. WARRANTY OF SERVICES. Consultant warrants that it will commence and complete the services in a good and workmanlike manner and will be of a professional quality, consistent with the practices and standards of care generally accepted in Consultant's industry. Consultant provides no warranty whatsoever for any third -party hardware or software products. Third -party applications which utilize or rely upon the professional services may be adversely affected by remedial or other actions performed pursuant to this Agreement; Consultant bears no liability for and has no obligation to remedy such effects. Except as set forth herein, Consultant provides all professional services 'as is" without express or implied warranty of any kind regarding the character, function, capabilities, or appropriateness of such services or deliverables. 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 Consultant's option, Consultant shall either (a) use commercially reasonable efforts to re- perform the services in a manner that conforms with the warranty, or (b) pay damages equivalent to the fees paid by the City to Consultant for the nonconforming services. Except for damages for personal injury or damage to property, and to the extent not offset by Consultant's insurance coverage and to the maximum extent permitted by applicable laws, in no event will Consultant's cumulative liability for any incidental, special, compensatory, or punitive damages whatsoever suffered by City or any other person or entity exceed the total fees paid to Consultant by City under this Agreement. 27. DELIVERABLE ACCEPTANCE. As provided in the Statement of Work, Consultant shall verify the quality of each deliverable before submitting it to the City for review and approval. The City will review all deliverables to determine their acceptability and signify acceptance by execution of the Deliverable Acceptance Form, which is Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 7 of 31 attached hereto as "Appendix C" to the Statement of Work. If the City rejects the submission, it will notify the Consultant in writing as soon as the determination is made listing the specific reasons for rejection. The Consultant shall have ten (10) days to correct any deficiencies and resubmit the corrected deliverable. Payment to the Consultant shall not be authorized unless the City accepts the deliverable in writing in the form attached. The City's acceptance will not be unreasonably withheld. 28. NETWORK ACCESS. If Consultant, and /or any of its employees, officers, agents, servants or subcontractors (for purposes of this section "Consultant Personnel "), requires access to the City's computer network in order to provide the services herein, Consultant shall execute and comply with the Network Access Agreement which is attached hereto as Exhibit "C" and incorporated herein for all purposes. 29. IMMIGRATION NATIONALITY ACT. The City of Fort Worth actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Consultant shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Consultant shall complete the Employment Eligibility Verification Form (1 -9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all I -9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Consultant shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Consultant shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Consultant. 30. INFORMAL DISPUTE RESOLUTION. Except in the event of termination pursuant to Section 4.2, if either City or Consultant has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall commence the resolution process and make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with this Agreement. Commencement of the resolution process shall begin with the first attempt by both parties to resolve any such dispute following notice given in accordance with this section. If the parties fail to resolve the dispute within sixty (60) calendar days of the date of commencement of the resolution process, then the parties may submit the matter to non- binding mediation in Tarrant County, Texas, upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. The mediator shall be agreed to by the parties. Each party shall be liable for its own expenses, including attorney's fees; however, the parties shall share equally in the costs of the mediation. If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. Notwithstanding the fact that the parties may be attempting to resolve a dispute in accordance with this informal dispute resolution process, the parties agree to continue without delay all of their respective duties and obligations under this Agreement not affected by the dispute. Either party may, before or during the exercise of the informal dispute resolution process set forth herein, apply to a court having jurisdiction for a temporary restraining order or preliminary injunction where such relief is necessary to protect its interests. Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 8 of 31 31. FACSIMILE DOCUMENTS AND SIGNATURES. The signature of any party on this document transmitted by way of a facsimile or other electronic means which can be authenticated shall be considered for all purposes as an original signature. Any such document shall be considered to have the same binding legal effect as an original document. At the request of any party, any faxed or electronically submitted document shall be re- executed or separately provided by the other signatory party in an original form. ACCEPTED AND AGREED: IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this -%!�7 day of 2012. CITY OF FORT WORTH: By: --- • Mr. Fernando Costa Assistant City Manager Date: r6,/4L1 -z B N C ACCELA, INC By: Mr. J ffrey Tung COO Date: �TQr7 uT, AO /,Z, APPROVED AS TO FORM AND LEGALITY: B' Males is B. Farmer Assistant City Attorney CONTRACT AUTHORIZATION: M &C: C raSt aA Date Approved: I P11W12 [EXHIBITS AND ATTACHMENTS FOLLOW] OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 9 of 31 EXHIBIT A STATEMENT OF WORK Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 10 of 31 <A-CCEL/!7. Statement of Work City of Fort Worth, TX Version 2.1 December 7, 2011 Page 1 of 42 Statement of Work TABLE OF CONTENTS TABLEOF CONTENTS .............................................................................................................................................. ............................... 2 DOCUMENTCONTROL ............................................................................................................................................... ..............................4 OVERVIEW.................................................................................................................................... ............................... ........................1.1.1.5 SERVICESDESCRIPTION .......................................................................................................................................... ..............................5 PURPOSE............................................................................................................................................................... ............................... 5 PROJECTSCHEDULE ............................................................................................................................................... ..............................5 PROJECTMANAGEMENT .......................................................................................................................................... ..............................5 CRITICAL SUCCESS FACTORS ................................................................................................................................. ............................... 6 PROJECTASSUMPTIONS ......................................................................................................................................... ............................... 6 WORKDESCRIPTION ............................................................................................................................................... ..............................7 STAGE1- INITITATION ....................................................................................................................................... ..............................7 DELIVERABLE 1: PROJECT INITIATION ....................................................................................................................... ..............................7 DELIVERABLE 2: ACCELA AUTOMATION SETUP - DEV, TEST AND PRODUCTION ........................................................... ............................... 8 STAGE2— ANALYSIS .......................................................................................................................................... ..............................9 DELIVERABLE 3: CONFIGURATION ANALYSIS SESSIONS - PLANNING AND DEVELOPMENT ............................................ .............................10 DELIVERABLE 4: CONFIGURATION ANALYSIS DOCUMENT(S) - PLANNING AND DEVELOPMENT ..................................... .............................11 DELIVERABLE 5: CONFIGURATION ANALYSIS SESSIONS - ENTERPRISE ...................................................................... .............................12 STAGE3 — CONFIGURATION ............................................................................................................................ .............................12 DELIVERABLE 6: ACCELA AUTOMATION CORE SYSTEM CONFIGURATION - PLANNING AND DEVELOPMENT .................... .............................12 STAGE4 — BUILD ................................................................................................................................................ .............................13 DELIVERABLE 7: HISTORICAL DATA CONVERSION ANALYSIS ...................................................................................... .............................14 DELIVERABLE 8: STANDARD ADDRESS, PARCEL AND OWNERSHIP (APO) DATA CONVERSION ...................................... .............................14 DELIVERABLE 9: HISTORICAL DATA CONVERSION DEVELOPMENT ............................................................................... .............................15 SYSTEMINTERFACES .............................................................................................................................................. .............................16 DELIVERABLE 10: SELECTRON IVR INTEGRATION ..................................................................................................... .............................16 DELIVERABLE 11: EVENT MANAGEMENT SCRIPTING ASSISTANCE .............................................................................. .............................17 DELIVERABLE 12: REPORT SPECIFICATIONS ............................................................................................................. .............................18 DELIVERABLE 13: REPORT DEVELOPMENT ............................................................................................................... .............................19 DELIVERABLE 14: ACCELA GIS CONFIGURATION ...................................................................................................... .............................19 DELIVERABLE 15: ACCELA CITIZEN ACCESS CONFIGURATION ................................................................................. ............................... 20 DELIVERABLE 16: ACCELA MOBILE OFFICE CONFIGURATION .................................................................................. ............................... 21 DELIVERABLE 17: V360 USER EXPERIENCE ........................................................................................................... ............................... 22 STAGE5— READINESS ...................................................................................................................................... .............................23 DELIVERABLE 18: ACCELA AUTOMATION SETUP - PRODUCTION .............................................................................. ............................... 23 DELIVERABLE 19: ADMINISTRATIVE AND TECHNICAL TRAINING ................................................................................ ............................... 24 DELIVERABLE 20: DAILY USER TRAINING ................................................................................................................. .............................25 DELIVERABLE 21: USER ACCEPTANCE TESTING ( UAT) ........................................................................................... ............................... 25 STAGE6 - DEPLOY ............................................................................................................................................. .............................26 DELIVERABLE 22: PRODUCTION SUPPORT ............................................................................................................. ............................... 26 DELIVERABLE 23: POST DEPLOYMENT SUPPORT AND TRANSITION TO CRC ............................................................. ............................... 27 PROJECT RESOURCES AND LOCATION OF WORK ..................................................................................................... .............................28 WORKLOCATION .................................................................................................................................................. ............................... 28 AGENCYRESOURCES ............................................................................................................................................. .............................28 ACCELARESOURCES ............................................................................................................................................ ............................... 29 PAYMENTSCHEDULE ............................................................................................................................................... .............................31 Page 2 of 42 Statement of Work EXPENSES _ _. _ _ _ _ _ _ 32 ACCEPTANCE........ _ .................... _........,.,..,.,...,,......, _....., _ _ _. 32 TERMS................................................................................................................................................................. ............................... 32 SIGNATURE.......................................................................................................................................................... ............................... 32 APPENDIX A • ACCELA IMPLEMENTATION METHODOLOGY ............................................................................ ............................... 33 APPENDIX B - STANDARD PROJECT ASSUMPTIONS ........................................................................................ ............................... 36 PROJECT MANAGEMENT AND ADMINISTRATION ...................................................................................................... ............................... 36 PROJECTSCHEDULE .............................................................................................................................................. .............................37 TECHNOLOGY — INFRASTRUCTURE .......................................................................................................................... ............................... 37 TRAINING............................................................................................................................................................. ............................... 38 CONVERSIONAND INTERFACES ............................................................................................................................. ............................... 38 STANDARDDOCUMENT MIGRATION ......................................................................................................................... .............................40 TESTING................................................................................................................................................................ .............................40 PRICINGASSUMPTIONS .......................................................................................................................................... .............................40 APPENDIX C - DELIVERABLES ACCEPTANCE FORM .......................................................................................... .............................42 Page 3 of 42 Statement of Work DOCUMENT CONTROL Date Author Version Change Reference 9/27/2011 IK Consulting, LLC 1.0 11/9/2011 IK Consulting, LLC 2.0 Modifications based on 11/8/2011 meeting with Fort Worth to review comments. 12/7/2011 David Margalit 2.1 Updated to modify payment schedule Page 4 of 42 Statement of Work OVERVIEW Accela is committed to providing a superior software configuration for the current and future needs of City of Fort Worth, TX ( "Agency ") and to the successful implementation and deployment of the software. A successfully installed system is not based solely on the offered functionality, but also on the expertise, experience, and clarity of the vendor and the agency's staff. Accela will work with Agency staff to optimize Accela's portfolio of software, best practices, and customer experience to enable the Agency to successfully deploy its Accela Automation software and meet its functionality, timing and cost requirements. This Statement of Work ( "SOW ") dated December 7, 2011 sets forth a scope and definition of the consulting /professional services, work and /or project (collectively, the "Services ") to be provided by Accela ( "Accela ") to Agency SERVICES DESCRIPTION PURPOSE The purpose of this document is to detail the specific activities, deliverables, roles and responsibilities, and acceptance criteria that comprise the implementation of Accela Automation Land Management, Accela GIS and Accela Citizen Access, for the Agency. Accela will provide professional services for implementation of the above modules and will add services per the Work Description section below. The following Agency departments comprise the organization scope of the implementation described herein: • Planning and Development (Planning Division and Development Division) PROJECT SCHEDULE The term of this project is twelve (12) months. Upon execution of this SOW, the parties will collaborate to determine a start date for Services to be rendered. Upon initiation of these Services, the Accela Project Manager will work with the Agency to collaboratively define a baseline project schedule. Given the fact that project schedules are working documents that change over the course of the project, the Accela Project Manager will work closely with Agency to update, monitor, agree, and communicate any modifications. PROJECT MANAGEMENT Accela will provide a full time project manager for services throughout the implementation in order to plan and monitor execution of the project in accordance with deliverables outlined in the Statement of Work. To support the implementation of the Accela Automation software at the Agency, Accela will provide Project Management services throughout the project. Accela and Agency shall designate one qualified, full -time individual to serve as its project manager for the Project through Final Acceptance. Generally these services include the following: • Project plan management using Microsoft Project 2010, • Project document management using Microsoft SharePoint, • Issue log management and escalation, • Status reporting, • Change order management, • Project workspace management, • Resource management, • Executive project oversight and quality assurance. By mutual agreement, some project management tasks may be shared between the Accela Project Manager and the Agency Project Manager. Page 5 of 42 Statement of Work CRITICAL SUCCESS FACTORS In order to successfully execute the services described herein, there are several critical success factors for the project that must be closely monitored and managed by the stakeholders. These factors are critical in setting expectations between the Agency and Accela, identifying and monitoring project risks, and promoting strong project communication. Knowledge Transfer — While Accela cannot guarantee specific expertise for Agency staff as a result of participating in the project, Accela will make all reasonable efforts to transfer knowledge to the Agency. It is critical that Agency personnel participate in the analysis, configuration and deployment of Accela Automation in order to transfer knowledge to the Agency. Once Post Production assistance tasks are completed by Accela Services, the Agency assumes all day -to -day operations of Accela Automation outside of the Support and Maintenance Agreement. The Service and Maintenance Agreement does not cover any Agency manipulation of implemented scripts, reports, interfaces and adapters. Key knowledge transfer areas include: • Configuration • Scripting • Batch scripts • Interfaces • Event Management Scripts Reports and Forms Dedicated Agency Participation — Accela fully understands that Agency staff members have daily responsibilities that will compete with the amount of time that can be dedicated to the Accela Automation implementation project. However, it is critical that the Agency acknowledges that its staff must be actively involved throughout the entire duration of Services as defined in the Project Plan. Accela will communicate insufficient participation of Agency and Accela resources through Project Status Reports with real and potential impacts to the project timeline. Accela will work with the project sponsors and department leaders to determine appropriate team member involvement. This could range from full -time during early analysis meetings to part -time during the technical implementation phase. Deliverable Acceptance Process- Implementation services for the above products are formalized through the deliverables defined in this document. Upon completion of each deliverable according to the acceptance criteria defined herein, Accela will provide the Agency with a Deliverable Acceptance Form to formalize acceptance and completion. The Deliverable Acceptance Form is subsequently signed by the appropriate Agency contact, as defined in the Project Charter, and faxed /scanned /emailed or hand delivered to Accela. Please refer to Appendix C to view a sample Deliverable Acceptance Form. Accela respectfully requests prompt attention to the processing of all Deliverable Acceptance Forms, as adherence to this timely process directly impacts the ability to complete the project in the desired timeframe. In order to prevent delays in the project schedule, for all Deliverables where no response time is specifically identified in the SOW, a five (5) business day acceptance period is assumed. Accela Implementation Methodology — Accela's successful, proven, implementation methodology is crucial to the project success. Accela's Automation software and customer base is a niche market and as such the implementation methodology may differ from other consulting firms and software packages. It is imperative to project success that the Agency is willing to adhere /adopt to the Accela Implementation Methodology. PROJECT ASSUMPTIONS Accela understands the importance of the timely and successful implementation of the Agency project. We have extensive experience working collaboratively with clients to achieve their objectives on systems integration projects, both within Agency and around the country. Page 6 of 42 Statement of Work One of the major contributors to our mutual success is to clearly define and agree upon the responsibilities, scope and assumptions of the project from the start, a number of which are included within your request or have been mutually discussed. Within this section, we have reiterated some of these key points as well as identified additional clarifications that we believe are critical to a successful, on -time project. The Project timeline and associated pricing are based and dependent upon these assumptions. Accela is committed to promptly devoting senior resources to any discussions regarding our assumptions such that they may be concluded in an expeditious manner consistent with the anticipated project timeline. We have a proven track record of creatively and efficiently working with our clients to achieve mutually acceptable terms for complex projects such as this and we are confident that, if given the opportunity, we would be able to do so here. PLEASE REFER TO APPENDIX B FOR SPECIFIC PARAMETERS RELATED TO ACCELA'S STANDARD PROJECT ASSUMPTIONS. WORK DESCRIPTION The following section describes the specific activities and tasks that will be executed to meet the business objectives and business requirements of the Agency. In support of the implementation effort as described above, Accela will provide the following detailed implementation services. For each deliverable, a description is provided as well as criteria for acceptance of the deliverable. STAGE 1 - INITITATION DELIVERABLE 1: PROJECT INITIATION Project initiation is an opportunity to ensure the project starts in a well- organized, structured fashion while re- confirming the Agency and Accela expectations regarding the implementation. This Deliverable is comprised of project planning activities, core project management documents and templates and the first on -site meeting conducted between the Agency and Accela after the signing of the Statement of Work. In conjunction with the Agency representatives, Accela will perform the following tasks: • Finalize staffing for the project teams. Guidelines and recommendations for the Agency project staffing are addressed in the Project Staffing section of this document. • Conduct a formal onsite Kickoff meeting. The objective of this meeting is to review the purpose of the project and discuss the project scope, roles and responsibilities, deliverables, and timeline. • Establish Communication Plan and project logistics including escalation, status reporting, issue /risk management, work locations, etc. • Establish schedule of Steering Committee meetings. • Review and agree on Project Status Report Template format. • Finalize and document formal deliverable signoff procedures, identify team members that will be responsible for signoff from the Agency and Accela. • Review infrastructure requirements and preparation (with designated Agency technical staff). • Finalize an integrated project plan that includes resource allocation for all tasks (in cooperation with the Agency Project Manager). • Develop a Project Charter that defines how the project will be governed. The Project Kickoff Meeting includes a formal presentation by the project team to review project objectives, methodology, timeline, roles and responsibilities, risks, and other key project elements with project stakeholders. In terms of specific output, the following will be executed for this deliverable: Page 7 of 42 Statement of Work ➢ R*d Cuter (MS W(xd). Baeekr+e Praject Pion (MS Project). ➢ Project Status report Templar (MS Word). ➢ Project Kickoff Presentation (MS PowierPoint). Project Kickoff Meeting. Accela Responsibilities: • Provide timely and appropriate responses to Agency's request for information. • Coordinate project planning activities. • Communicate the Accela Implementation Methodology ( "AIM ") that will be used by Accela to deliver Services. • Complete Baseline Project Plan, Project Status Report Template, and Project Kickoff Presentation deliverables with input from appropriate Agency resources. Agency Responsibilities: • Identify and set expectations with key resources and subject matter experts for ongoing participation in the project. • Provide timely and appropriate responses to Accela's requests for project planning input and meeting logistics requests. • Provide meeting facilities for Project Kickoff and other onsite activities. • Include Project Sponsor in Project Kickoff Meeting. Acceptance Criteria: • Review and acceptance of the Project Status Report Template • Review and acceptance of the Baseline Project Plan • Review and acceptance of the Project Charter • Completion of the Project Kickoff Meeting event DELIVERABLE 2: ACCELA AUTOMATION SETUP — DEV, TEST AND PRODUCTION During the System Setup step of this project, Accela's technical staff will work with the Agency IT staff to ensure that the components for hardware, software, database, network, and Internet are in place for the test and development environments. Accela technical staff will validate the proper installation and configuration of the Accela Automation environment. This Deliverable is defined as the installation of the Accela Automation software on Agency computer systems, such that Agency can log into the system and verify that the software was installed. During the installation of Accela Automation, documentation on the installation of Accela Automation will be provided to the Agency as reference material. In terms of specific output, the following will be executed for this deliverable: ➢ Installation of the Accela Automation software on Agency servers, development, test and production environments. ➢ Demonstration of an operational Accela Automation computing environment. Installation documentation (MS Word and Adobe pdf). Specifically, Accela will perform the following tasks within the support environment: • Perform a remote system check of the installation. • Install Accela software. • Demonstrate that the Accela Automation applications are operational in the Agency computing environment. • Provide documentation of the Agency installation. Page 8 of 42 Statement of Work • Configure Accela Automation to use the reporting technology selected by the Agency (Crystal Reports or SRSS). Accela Responsibilities: • Provide timely and appropriate responses to Agency's request for information. • Consult with Agency resources to provide technical input and answer technical questions related to the installation requirements for Accela Automation. • Deliver and install the Accela Automation software on the Agency server. • Provide hardware and installation documentation to Agency in order to facilitate procurement. Agency Responsibilities: • Provide timely and appropriate responses to Accela's requests for information. • Procure and configure necessary hardware, non - Accela systems software, and networking infrastructure as specified by Accela. • Provide /purchase /acquire the appropriate hardware, software and infrastructure assets to support the reporting technology. • Prepare the hardware, software, and network in accordance with the specifications provided by Accela. • Make available the appropriate Agency key IT users to participate in any hardware, software, environment, and infrastructure meetings. • Arrange for the availability of appropriate people for the system installation, setup, testing, and quality assurance throughout the setup process. Acceptance Criteria: • Confirmation of ability to log into the Accela Automation software that has been installed on Agency computer systems. • Demonstrate core Accela Automation system is operational in the Agency environment. STAGE 2 — ANALYSIS Configuration Analysis is comprised of the activities required to define the baseline, or core, configuration of Accela Automation for the Agency. The key output of the process is the Configuration Analysis Document(s), which serves as a 'blueprint' for design and baseline configuration efforts throughout the implementation project and establishes the benchmarks for testing and acceptance at the conclusion of the project. The Configuration Analysis Document(s) includes detailed core configuration settings including the following topics: • Page 9 of 42 Organization and departments • Security • Record Types • Workflow • Inspections • Email Notification • Status Groups . Intake Forms • Application Specific Information • Dropdown List Values • Fees • Conditions • Standard Comments • Standard Choices • Parcel Templates • Inspections Page 9 of 42 Statement of Work The Configuration Analysis Sessions and Configuration Analysis Document(s) do not include detailed information related to the following deliverables as they are dependent on the completion of the Core Configuration milestones: • Deliverable 10: Event Management Scripting Assistance • Deliverable 11: Report Specifications • Deliverable 12: Report Development • Deliverable 16: V360 User Experience The Project Team, consisting of representatives from both Accela and the Agency, will conduct a formal review of the configuration documents for the purpose of approval and sign -off on the deliverable. Accela will configure a prototype application, including the workflow, which will be used during the review sessions to demonstrate the proposed functionality. Prototyping is intended to demonstrate selected aspects of Accela Automation functionality and to demonstrate expanded capabilities available with Accela Automation, to assist in understanding how it will operate for the Agency - it is not part of the configuration process. DELIVERABLE 3: CONFIGURATION ANALYSIS SESSIONS — PLANNING AND DEVELOPMENT In order to develop the content for the Configuration Analysis Document(s), Accela will work closely with designated Agency personnel and will conduct configuration analysis sessions to capture the "to -be" required business processes. In conjunction with the Agency representatives, Accela will perform the following tasks: • Review and understand existing business processes intended for migration into Accela Automation. • Review the developed business process as a basis for configuration in Accela Automation's workflow tool. • Assist the Agency in streamlining existing business processes for fit into Accela Automation. • Collect employee names and associated roles and identify user group setups. • Review the collected document intake requirements, forms, and data fields for each process. • Review the collected document output requirements (documents /letters /reports). • Review the collected document fees, fee schedules, and collection procedures for each process. • Review the collected document all required inspections and inspection result options for each type. Accela's Project Manager will coordinate and schedule the Analysis Sessions. In terms of specific output, the following will be executed for this deliverable: Configuration Analysis data gathering activities, including workshops, interviews, and web conferenc ng sessions. Accela Responsibilities: • Provide timely and appropriate responses to Agency's request for information. • Interview staff in order to understand existing business processes. • Conduct configuration analysis sessions to capture the required business processes to be automated within the system. • Conduct meetings via email, web conferencing, phone, and in person to gather and validate analysis input. • Provide in process /draft Configuration Analysis document(s) for continued review, throughout the analysis process. Agency Responsibilities: • Provide timely and appropriate responses to Accela's request for information. Page 10 of 42 Statement of Work Make available the appropriate Agency key users and content experts to provide required information, participate in the configuration analysis and verify the accuracy of the documented workflows, input/output formats, and data elements. Provide any existing business process documentation, including process flows; fee schedules; commonly used applications, reports and forms; and other relevant information. Schedule participants and meeting locations for analysis activities. Acceptance Criteria: • Completion of Configuration Analysis Session for Building processes. DELIVERABLE 4: CONFIGURATION ANALYSIS DOCUMENT(S) — PLANNING AND DEVELOPMENT Configuration Analysis Document(s) will be developed by Accela based on the information gathered in Deliverable 3: Configuration Analysis Sessions — Planning and Development. This document(s) will serve as the 'blueprint' for all design and configuration for Building work processes throughout the implementation project. Upon completion of the document, Accela will conduct a formal review with Agency for the purpose of approval and sign -off on the deliverable. To facilitate the approval process, Accela will configure a prototype application consisting of at least one work process, including the workflow, which will be used during the review sessions to demonstrate the proposed functionality. Prototyping is intended to demonstrate selected aspects of Accela Automation functionality to assist in understanding how it will operate for the Agency - it is not part of the configuration process. In terms of specific output, the following will be executed for this deliverable: ➢ Configures Analysis Document(s) (MS Word). Accela Responsibilities: • Provide timely and appropriate responses to Agency's request for information. • Interview staff as necessary in order to understand existing business processes. • Build selected prototypes to demonstrate proposed functionality. • Conduct meetings via email, web conferencing, phone, and in person to gather and validate analysis input. • Prepare and complete Configuration Analysis Document(s) capturing the Agency's business processes to be configured. Agency Responsibilities: • Provide timely and appropriate responses to Accela's request for information. • Schedule participants and meeting locations for Configuration Analysis Document(s) review activities. • Review and provide feedback on Configuration Analysis Document(s) per the agreed upon project plan timeline. Acceptance Criteria: • Review Configuration Analysis Document(s) and validate that the content accurately reflects the business processes data that will be configured in Accela Automation. • Agency will have 20 business days to conduct initial review of the Configuration Analysis Document(s). If no changes or comments are requested within the 20 days, the Configuration Analysis Document(s) is considered approved by the Agency. Upon delivery of initial feedback, Accela will complete the necessary changes and updates. The second and final review will have 10 business days for acceptance. Page 11 of 42 Statement of Work DELIVERABLE 5: CONFIGURATION ANALYSIS SESSIONS — ENTERPRISE Accela will work closely with designated Agency personnel and will conduct configuration analysis sessions to capture the "to -be" required business processes as they relate to cross - functional or cross - departmental business processes. Many to -be processes will impact Planning and Development. These sessions are where that impact will be explored, discussed and agreed upon. It should be noted that the results of these sessions will be documented in the Configuration Analysis Document(s) for each process owning department. In conjunction with the Agency representatives, Accela will perform the following tasks: • Review and understand existing business processes intended for migration into Accela Automation. • Review the developed business process as a basis for configuration in Accela Automation's workflow tool. • Assist the Agency in streamlining existing business processes for fit into Accela Automation. Accela's Project Manager will coordinate and schedule the Analysis Sessions. In terms of specific output, the following will be executed for this deliverable: Configuration Analysis data gathering activities, including workshops, interviews, and web conferencing sessions. Accela Responsibilities: • Provide timely and appropriate responses to Agency's request for information. • Interview staff in order to understand existing business processes. • Conduct configuration analysis sessions to capture the required business processes to be automated within the system. • Conduct meetings via email, web conferencing, phone, and in person to gather and validate analysis input. Agency Responsibilities: • Provide timely and appropriate responses to Accela's request for information. • Make available the appropriate Agency key users and content experts to provide required information, participate in the configuration analysis and verify the accuracy of the documented workflows, input/output formats, and data elements. • Provide business process documentation, including process flows; fee schedules; commonly used applications, reports and forms; and other relevant information. • Schedule participants and meeting locations for analysis activities. Acceptance Criteria: • Completion of Configuration Analysis Session for Planning processes. STAGE 3 — CONFIGURATION Accela will provide professional services to configure Accela Automation in accordance with requirements established and agreed upon during the execution of the tasks that comprise Stage 2 - Analysis. Accela will produce a detailed, technical Configuration Analysis Document(s) that represents the entire core system configuration that was completed, for each module that is configured. This document will be delivered for review with the actual configuration. DELIVERABLE 6: ACCELA AUTOMATION CORE SYSTEM CONFIGURATION — PLANNING AND DEVELOPMENT Accela will provide professional services to configure Accela Automation in accordance with requirements established and agreed upon during the execution of the Stage 2 — Configuration Analysis. Accela will configure a maximum of 40 Page 12 of 42 Statement of Work (40) Record types (including all associated workflows, fees, inspections, email notifications, conditions and standard comments) in support of the Agency's requirements. Record types may be permits or licenses; the exact mix will be determined during Configuration Analysis. Record types may be modified by agreement of Accela and Agency following the System Configuration Analysis sessions. In terms of specific output, the following will be executed for this deliverable: ➢ Configuration of up to forty (40) Record types in Accela Automation Core System Configuration Document Accela Responsibilities: • Provide timely and appropriate responses to Agency's request for information. • Work with the Agency to identify all information to accurately configure Accela Automation according to the System Configuration Document. • Configure the Record types defined in the Configuration Analysis Document(s) in Accela Automation. Agency Responsibilities: • Provide timely and appropriate responses to Accela's request for information. • Make available the appropriate Agency key users and content experts to participate in configuring the system in an effort to learn about the system and work with Accela through the verification process that the system has been configured as required in the associated System Configuration Document. • The Agency will test the system for purposes of validating the configuration. Acceptance Criteria: • Review and approve that the base configuration of Accela Automation is configured as documented in the approved Configuration Analysis Document. • Agency will have 20 business days to conduct initial review of the Configuration. If no changes or comments are requested within the 20 days, the Configuration is considered approved by the Agency. Upon delivery of initial feedback, Accela will complete the necessary changes and updates. The second and final review will have 10 business days for acceptance. STAGE 4 — BUILD The Build stage includes data conversions, development of interfaces, development of Accela Event Manager scripts to automate business processes and custom report development. It comprises all of the additional critical activities outside of baseline configuration that has been configured for the Agency. Similar to the Configuration Stage, it is critical that appropriate agency representatives are involved in each step of the process to ensure success. The conversion of historic data from the existing database is one of the most significant aspects when migrating from one system to another. Data conversion is a common activity performed at virtually every Accela client site. Our team is highly experienced in this process and will work closely with Agency staff to ensure a successful transition of data into the Accela Automation system. The Accela team will work with Agency to understand the data sources, how they are used, where their data will be stored in Accela Automation and the quality of that data. Often multiple sources store and manage similar information and decisions need to be made about the authoritative source. It is also common to find that data sources have not had strong controls and the accuracy is questionable or the data is missing There are techniques and tools we can recommend to understand the current state of Agency data so decisions can be made about what to convert. Once that is done, mapping of current sources can begin with Accela's mapping tool and conversion iterations performed as outlined in the Project Plan. Accela provides release notes during these conversion tests to verify data is being transferred correctly (e.g., number of records and expected values in fields). Page 13 of 42 Statement of Work Accela will lead the conversion effort and specifically assist in the following areas: data mapping, script development for conversion, assistance in data testing and validation, and with the planning and execution of the final data conversion. For conversions, it is expected and anticipated that the Agency will provide resources knowledgeable with the historical data to assist in the data migration /conversion effort. The required data mapping effort will be a collaborative effort between Accela and Agency personnel. Once the data mapping has been defined, Accela will ask that a representative of the Agency sign off on the data maps. Accela will be responsible for the data conversion programs to load data from the staging tables to the Accela Automation database. PLEASE REFER TO APPENDIX B FOR SPECIFIC ASSUMPTIONS AND PARAMETERS RELATED TO CONVERSION. DELIVERABLE 7: HISTORICAL DATA CONVERSION ANALYSIS Upon receipt of Agency's Permits Plus data, Accela will create a Data Conversion Mapping Document detailing the data conversion process, mutually agreed upon requirements and mapping of Agency's historical data into Accela Automation. In terms of specific output, the following will be executed for this deliverable: Accela Responsibilities: • Work with the Agency to define and document historical data elements that are required for the conversion. • Work with Agency to complete data mapping. • Complete the Data Conversion Specifications Document. Agency Responsibilities: • Provide historical data in acceptable formats. • Assist Accela in data mapping for conversion. • Review and sign -off on completed Data Conversion Mapping document. Acceptance Criteria: • The Historical Data Conversion Specifications document identifies all data elements that will be converted from the historical permitting to system and where they will be converted too in Accela Automation. Acceptance Review Period: • Twenty (20) business days total DELIVERABLE 8: STANDARD ADDRESS, PARCEL AND OWNERSHIP (APO) DATA CONVERSION This Deliverable includes conversion of Agency Address, Parcel, and Ownership (APO) data to Accela Automation. Accela leverages a standardized data conversion process for APO data sets and will deliver the standard APO specifications and file templates to be used by the Agency in preparing the data for conversion. The Agency will identify a source for data to update the address, parcel and owner information within the Agency. Data must be provided in Accela's standard format, and Accela and Agency business and technical experts will work together to map the source data to the Accela database. After Agency staff signs off on the conversion specification document, the Accela conversion team will develop the conversion program that will populate the Accela system with the appropriate data, Page 14 of 42 Statement of Work In terms of specific output, the following will be executed for this deliverable: ➢ APO Data Conversion Specifications Document (MS Word/MS Excel). ➢ Migrated APO data into Accela Automation testing database environment. Accela Responsibilities: • Provide standard APO conversion documentation and support. • Migrate data provided by the Agency into the Agency's AA testing database environment. Agency Responsibilities: • Identify data accuracy / quality issues and resolve them (data scrubbing). • Provide APO data in the format(s) specified by the standard APO documentation. • Allocate the time for qualified business and technical experts for the Accela -led data - mapping sessions that are critical to the project success. • Assist in the data - mapping process. • Load data from original source(s) into the Accela standard staging tables. • Allocate the time for qualified personnel to test the conversion for acceptance to ensure that the data is converted successfully according to the data - mapping document. Acceptance Criteria: • Review and acceptance of the APO Data Conversion Specifications document. • Confirmation that APO data has been converted to Accela Automation testing environment according to the standard APO data specifications. DELIVERABLE 9: HISTORICAL DATA CONVERSION DEVELOPMENT Upon Agency approval of the Historical Data Conversion Specifications document, (Deliverable 10), Accela will provide a program(s) to migrate appropriate historical data into Accela Automation. Upon receipt of the conversion from Accela, the Agency DBA will load the data into the Test environment for validation. A maximum of 150 hours have been allocated for deliverables 7and 8, As part of deliverable 18, Accela will provide the Agency with training on the Data Mapping Tool and assist the Agency in using the tool in support of the conversion effort. In terms of specific output, the following will be executed for this deliverable: Migrated historical data into Accela Automation testing database environment. Accela Responsibilities: • Provide a program to migrate historical data into the Agency's AA test database environment. • Each data conversion will include up to three (3) test runs. • Validate the successful completion of the migration of historical data into the Agency's test environment. Agency Responsibilities: • Loading the data into the Accela Automation test environment. • Validation/ Testing of the converted data. Acceptance Criteria: Page 15 of 42 Statement of Work • Historical data has been converted to Accela Automation testing environment according to the Data Conversion Mapping document. Acceptance Review Period: • Twenty (20) business days total SYSTEM INTERFACES The following system interfaces are in scope for this project: • Selectron IVR For each interface, the Accela technical lead will work together with Agency's technical lead and business leads to document functional and technical requirements of the interface in an Interface Specifications Document. Interface development begins upon written approval of the specifications. It is expected all interfaces will use Accela's GovXML, web services or batch engine. No custom or third party integration tool will be used to accomplish input or output of data to /from the Accela system. In other words, data coming into Accela and data coming from Accela will use the existing integration technology. Agency responsibility includes obtaining permission for level /type of integration from appropriate application owners (including on premises or cloud /hosted, etc.). Further, Agency will ensure that Accela resources have access to a Dev or Test version of the 3,d party system for interface development. All interfaces will be developed against 1 (one), agreed upon version of the 3,d party system. DELIVERABLE 10: SELECTRON IVR INTEGRATION The Agency requires an interface to Accela Automation Inspection scheduling and status features will be leveraged to the public through an interface to Selectron IVR. While Accela has an existing relationship with Selectron that allows Selectron IVR to be integrated with Accela Automation for inspection scheduling and tracking purposes, the responsibility for the maintenance of the interface becomes the responsibility of Selectron and the Agency. In terms of specific output, the following will be executed for this deliverable: Integration of Selectron IVR with Accela Automation Accela Responsibilities: • Provide timely and appropriate responses to Agency's request for information. • Work with Agency staff to develop interface specifications document. Agency Responsibilities: • Provide timely and appropriate responses to Accela's request for information. • Provide system and access to individuals to provide required details of system interface. • Allocate the time for qualified business and technical experts for the testing sessions that are critical to the project success. • Identify and coordinate any related tools used to implement the interface (3rd party or in -house development). Review and approve the interface specification documents. Validate interface through testing. Acceptance Criteria: • Demonstration and approval of the completed integration. Acceptance Review Period: Page 16 of 42 Statement of Work • Fifteen (15) business days total DELIVERABLE 11: EVENT MANAGEMENT SCRIPTING ASSISTANCE During the configuration analysis phase of the implementation project, Accela will identify opportunities to supplement the Accela Automation base functionality via Event Manager Script Engine (EMSE) script development. Accela will work with key Agency project stakeholders to identify the business rules /processes to be automated. Accela will work with Agency to identify desired EMSE functionality, and subsequently will help prioritize the scripting needs to determine which scripts will be developed by Accela, and which scripts can be developed by the Agency. A maximum of fifty (50) services hours will be devoted to EMSE script requirement specification, EMSE script development, and EMSE script development consultation and knowledge transfer. The scripts developed by Accela can be used as models whereby agency staff can develop and modify additional EMSE scripts as needed. Representative examples of business processes that could be automated by a script listed below. Note that the below list is an example list only and not a list of the actual script(s) that will be developed for the project. • Cancel application submittal based on proximity alert (Accela GIS) o Use Case: Do not allow a casino to be located within 1 mile of a school; • Closing workflows based on inspection results o Use Case: Final Inspection is complete, update workflow; • Automatic assessment of complex fee calculations o Use Case: Auto fee calculation, assessment, and invoicing upon application submittal; • Increment a date based on workflow status change o Use Case: Expiration on Permit is made current every time a workflow is updated; • Preventing inspections based on various criteria o Use Case: Depending on workflow / application status, do not allow an inspection to take place. Prior to the development of a script, the Agency will approve a design specification document that will be created jointly by the Agency and Accela. The approved document will be used as a basis for determining completion and approval of the deliverable. In terms of specific output, the following will be executed for this deliverable: Prioritized list of desired five EMSE scripts (MS Excel/Word). EMSE script specifications for scripts to be developed by Accela (MS Excel/Word). ➢ Demonstrated operability of scripts in stagitxd/test environment per the design document specifications. Accela Responsibilities: • Work with Agency staff to identify potential uses of EMSE scripting. • Assist with development of list of desired EMSE functionality. • Aid the Agency in prioritizing which scripts will be developed by Accela. • Develop EMSE scripts based on the specifications. • Demonstrate functionality of scripts per specifications. Agency Responsibilities: • Allocate the time for qualified business and technical experts for the script requirements sessions that are critical to the project success. • Identify resources that will learn EMSE scripting tools and approaches for ongoing maintenance. • Prioritize desired EMSE functionality to determine which scripts Accela will develop. • Provide timely and appropriate responses to Accela's request for information. Page 17 of 42 Statement of Work • Verify the Event Script Specification meets the intended business requirement. • Allocate the time for qualified personnel to test the script for acceptance. • Ensure that the data populates successfully according to the script requirements document. Acceptance Criteria: • Review and acceptance of design document with written sign -off from the Agency. • Demonstrate a developed script within the system. Reports Reports are defined as anything that can be printed from the system, including but not limited to, reports, forms, documents, notices, and letters that the Agency wishes to print as identified during configuration analysis. The Configuration Document will define the reports and documents that are required by the Agency to effectively use Accela Automation. These reports will be broken down by level of effort and identified in the configuration document. It is expected that, after the appropriate training on the database and the selected report writing tool is completed, Agency personnel will be able to handle additional and future report requirements. Reports are classified by level of effort: high, medium, and low. High is defined as a report containing significant calculation and /or extensive detail and number of fields — for example a financial statistical report or complex permit. The majority of reports require a `medium' level of effort, which is defined as a report displaying non - calculated and minimal calculated data fields. Reports with a low level of effort are typically letters or notices that contain contact information and basic application data. Development of the custom reports can be allocated between Accela Automation and Accela Mobile Office Reports as determined by the Agency. These reports can be developed using the integral Accela Report Writer included with Accela Automation, Microsoft Report Service (SRS) or Crystal Reports XI Server at the Agency's discretion. These custom reports, whether developed with Accela Report Writer, SRS or Crystal Reports, will be deployed in the Report Manager for use within Accela Automation. DELIVERABLE 12: REPORT SPECIFICATIONS Accela will develop documents /letters /reports from those identified by the Agency as required for the new system. Accela and Agency have agreed that Accela will develop reports based on the following breakdown: • One (1) of High Complexity • Two (2) of Medium Complexity • Two (2) of Low Complexity Prior to the development of a report the Agency will approve report design specification documents that will be created jointly by the Agency and Accela. The approved documents will be used as a basis for determining completion and approval of the reports. Development of each report cannot begin until agreement on each specification is complete. A proven strategy that combines the use of the Accela Automation Quick Queries, custom reports developed by Accela that include run -time parameters to allow similar reports to be combined, and the development of other reports by the Agency after training, can ensure that all required reporting requirements are met. In terms of specific output, the following will be executed for this deliverable: ➢ List of identifed reports that Accela will develop Report Specifications Documents for each of the identified reports Accela Responsibilities: Page 18 of 42 Statement of Work • Assist in determining level of effort for reports to assist with prioritization. • Develop report specifications. Agency Responsibilities: • Provide timely and appropriate responses to Accela's request for information. • Make available the appropriate key users and content experts to participate in the report specification. • Provide information and data in the formats specified by Accela that will be needed for agreement on the Deliverable. Acceptance Criteria: • Agreement on prioritized list of reports that will be developed by Accela. • Review and approval of individual Report Specifications documents. The Agency will not unreasonably withhold acceptance if the Agency requests changes to the reports specifications after the initial signoff of the specification by the Agency. • Agency will have 10 business days to review the Report Specification Documents. If no changes or comments are requested within the 10 days, the Report Specification Documents are considered approved by the Agency. DELIVERABLE 13: REPORT DEVELOPMENT Accela will develop custom documents /letters /reports per the specifications developed and approved in Deliverable 12, Report Specifications. Changes to the report specifications after approval can negatively impact project progress and the overall schedule. Therefore, changes to the report specifications after approval requires an analysis by Accela to determine the level of effort required, and if a change order would be required to complete the work. In terms of specific output, the following will be executed for this deliverable: ➢ A total of five (5) documents /letters /custom reports per the Report Specification Documents. Accela Responsibilities: • Provide timely and appropriate responses to Agency's request for information. • Develop reports per specifications. • Assist in the validation of the reports in test environment. Agency Responsibilities: • Provide timely and appropriate responses to Accela's request for information. • Make available the appropriate key users and content experts to participate in the report development and validation activities. • Request change order if changes to specifications are required. Acceptance Criteria: • Confirmation of report accuracy in test environment per Report Specifications. DELIVERABLE 14: ACCELA GIS CONFIGURATION Accela wiU instal and configure Accela GIS to link and - leverage existing — Apncy GIS information, including assistance with establishing the map service to be used in conjunction with Accela GIS. The following are the main objectives being pursued through the implementation of the Accela GIS: • Look up permit information and parcel information from the Permitting system. • View selection, location, and associated GIS information. • Select one or more parcels and add new applications to the permit system. Page 19 of 42 Statement of Work • Auto - populate spatial attributes for a property in forms (including ACA). During GIS installation, Accela's technical staff will work with Agency IT staff to ensure that the components for hardware, software, database, network, and Internet are in place for the Accela GIS test and production environments. Accela technical staff will validate the proper installation and configuration of the Accela GIS environment. In terms of specific output, the following will be executed for this deliverable: Acc ela GIS WatalIlled on Agency sewers). Demonsl1rabon of qwretonall system. ➢ 2 Proximity Alerts ➢ 2 Dynamic Themes ➢ 2 Attribute Mapped Accela Responsibilities: • Install Accela software and perform quality assurance checks on the configuration and performance based on acceptance criteria mutually developed by Accela and the Agency. • Demonstrate that the Accela GIS applications are operational in the Agency computing environment thus communicating with the Accela Automation system. • Assist the Agency in identifying and developing Proximity Alerts and Dynamic Themes Agency Responsibilities: • Arrange for the availability of appropriate staff for the system installation, setup, testing, and quality assurance throughout the setup process. • Order and procure necessary hardware, non - Accela systems software, and networking infrastructure as specified by Accela. • Provide people and physical resources based on the dates outlined in the project schedule. • Prepare the hardware, software, and network in accordance with the specifications provided by Accela. • Provide Accela with network access for remote installation and testing. • Provide information and data in the formats specified by Accela that will be needed for the GIS implementation. Acceptance Criteria: • Demonstration of operating Accela GIS in test environment. DELIVERABLE 15: ACCELA CITIZEN ACCESS CONFIGURATION This deliverable includes setup, analysis, configuration and online merchant account setup assistance for the Accela Citizen Access (ACA) software on the Test site. Subsequently, Accela will work with the Agency representatives to assess and implement Accela Citizen Access to extend certain aspects of the internal Accela Automation configuration for use by the general public. Features available for configuration include: • Permit Application and Issuance • Inspection Request Entry • Inspection Results Research • Status tracking In terms of specific output, the following will be executed for this deliverable: Page 20 of 42 Statement of Work Accela Responsibilities: • Setup Accela Citizen Access in Dev and Test environments. • Assist agency in set up and validation of merchant account integration. • Add text translations for [List Languages] language. • Work with the Agency to determine which services to expose to the public via Accela Citizen Access. • Create configuration specification for Accela Citizen Access based on analysis with the Agency. • Configure the Online Record types defined in the System Configuration Document in Accela Citizen Access. Agency Responsibilities: • Obtain a merchant account, and deploy an internet - enabled payment engine. • Assist Accela with the [List Languages] translations of English ACA language. • Validate that the configuration specification for Accela Citizen Access meets Agency requirements based on details from the Configuration phase of the project. • Perform testing of all Online Record types for purposes of validating the configuration. Acceptance Criteria: • Accela Citizen Access Configuration Analysis Document provides details of all configuration elements based on Accela Automation back office configuration. • The base configuration of Accela Citizen Access is configured as documented in the approved Accela Citizen Access Configuration Specification Document. • Demonstration of the operational Accela Citizen Access functionality per the specification document(s). DELIVERABLE 16: ACCELA MOBILE OFFICE CONFIGURATION Accela will configure the Accela Mobile Office application. As part of this deliverable Accela will perform the configuration tasks required to ensure Accela Mobile Office interfaces with Accela Automation in both a test and production environment. Using Accela Mobile Office, an Agency inspector can perform activities such as: • Result inspections /investigations in either store /forward or wireless mode • Print reports in the field Analysis activities with the Agency will result in a Mobile Office Configuration Specifications Document. Subsequently, Accela's staff will extend base configuration of Accela Mobile Office per the Mobile Office Configuration Specifications Document. Please note, there will be no reports associated to this deliverable. All report specifications and creation, including possible reports for Mobile Office, would be considered a part of Deliverables 12 and 13. In terms of specific output, the following will be executed for this deliverable: ➢ Accela Mobile Office Configuration Specificatilons Document (MS Word) Demonstration of operational system per Accela Bile Office Configuration Speeffrafions document Accela Besponsib ilities.- -- • Create configuration specifications for Accela Mobile Office based on analysis with the Agency. • Configure Accela Mobile Office based on approved specifications document. Acceptance Criteria: Page 21 of 42 Statement of Work The base configuration of Accela Mobile Office in the Test environment is configured as documented in the Accela Mobile Office Configuration Specifications document. DELIVERABLE 17: V360 USER EXPERIENCE Accela will use the completed configuration and standard, best practice V360 User Interface as a starting point for analysis and documentation of desired look and feel of Accela Automation V360 user interface. In conjunction with the Agency representatives, Accela will perform the following tasks: • Review the required portlets for each major user group. • Review the required fields, field order and field names of each major portlet. • Provide recommendations and seek input on required Quick Queries in order to define a default list. • Provide recommendations and seek input on required Smart Charts (Dashboards) in order to define a default list. Accela will use the V360 User Console configuration document template, and the appropriate content within that document to capture the Agency's desired V360 User Experience to be configured, utilizing up to 140 hours of assistance. Accela's Project Manager will coordinate the compilation of the information collected during the Analysis into the document, including detailed settings related to the following topics: • User Consoles . Form Filters • ASI Form Layout • APO Template Form Layout • Quick Queries • Smart Charts • My Navigation • Go To Menu's The Project Team, consisting of representatives from both Accela and the Agency, will conduct a formal review of the document for the purpose of approval and sign -off on the deliverable. Accela will configure the application to meet the requirements of the document upon approval. In terms of specific output, the following will be executed for this deliverable: Analysis activities, including a workshop, interviews, and web wrtl6rencing sessions. V360 User Console Configuration Docum it(s) (TUNS Word). Up to 140 Hours of Configuration of V360 User Experience per the V360 User Console Configuration Document Accela Responsibilities: • Conduct sessions to capture the required look and feel functionality of the Accela Automation system. • Conduct meetings via email, web conferencing, phone, and in person to gather and validate analysis input. • Prepare and complete V360 User Console Configuration Document. • Build the user experience components as documented in the V360 User Console Configuration Document. Agency Responsibilities: • Provide timely and appropriate responses to Accela's request for information. • Make available the appropriate Agency key users and content experts to participate in the user experience analysis and verify the accuracy of the documented user experience elements. • Schedule participants and meeting locations for analysis activities. Acceptance Criteria: Page 22 of 42 Statement of Work V360 User Console configuration document. Demonstration of the configured V360 experience. Agency will have 10 business days to review the V360 User Console configuration document. If no changes or comments are requested within the 10 days, the V360 User Console configuration document and milestone is considered approved by the Agency. STAGE 5 — READINESS DELIVERABLE 18: ACCELA AUTOMATION SETUP — PRODUCTION Accela's technical staff will work with the Agency IT staff to ensure that the components for hardware, software, database, network, and Internet are in place for the production environment. Accela technical staff will validate the proper installation and configuration of the Accela Automation environment. This Deliverable is defined as the installation of the Accela Automation software on Agency computer systems, such that Agency can log into the system and verify that the software was installed. During the installation of Accela Automation, existing documentation on the installation of Accela Automation will be updated to include the Production information and provided to the Agency as reference material. In terms of specific output, the following will be executed for this deliverable: ➢ Installation of the Production Accela Automation software on Agency servers. ➢ Demonstration of an operational Accela Automation computing environment. ➢ updated Installation documentation (MS Word and Adobe pdQ. Specifically, Accela will perform the following tasks within the support environment: • Perform a remote system check of the installation. • Install Accela software. • Demonstrate that the Accela Automation applications are operational in the Agency computing environment. • Provide documentation of the Agency installation. • Configure Accela Automation to use the reporting technology selected by the Agency (Crystal Reports or SRSS). Accela Responsibilities: • Consult with Agency resources to provide technical input and answer technical questions related to the installation requirements for Accela Automation. • Deliver and install the Accela Automation software on the Agency server. • Provide hardware and installation documentation to Agency in order to facilitate procurement. Agency Responsibilities: • Provide timely and appropriate responses to Accela's requests for information. • Procure and configure necessary hardware, non - Accela systems software, and networking infrastructure as specified by Accela. • Provide /purchase /acquire the appropriate hardware, software and infrastructure assets to support the reporting technology. • Prepare the hardware, software, and network in accordance with the specifications provided by Accela. • Make available the appropriate Agency key IT users to participate in any hardware, software, environment, and infrastructure meetings. • Arrange for the availability of appropriate people for the system installation, setup, testing, and quality assurance throughout the setup process. Page 23 of 42 Statement of Work Acceptance Criteria: • Confirmation of ability to log into the Accela Automation software that has been installed on Agency computer systems. • Demonstrate core Accela Automation system is operational in the Agency environment. DELIVERABLE 19: ADMINISTRATIVE AND TECHNICAL TRAINING Accela will provide training for Agency staff that focuses on the administration, maintenance, and augmentation of its Accela Automation configuration. Our aim at Accela is to educate Agency resources on all aspects of Accela Automation in an effort to ensure the Agency is self - sufficient. This allows the Agency to best react to changing requirements and ongoing maintenance, which can allow the Agency to be proactive and significantly reduce system maintenance costs over time. In addition to a comprehensive administrator training course that spans three days, Accela will also train Agency users on the administration and use of the system. Specifically, the following courses will be provided to the Agency. • Accela Automation Core Team Overview, • Accela Data Mapping Tool • Reports Schema and Training, • Accela Mobile Office Admin Training, • Accela Mobile Office User Training, • Accela Citizen Access Admin and User Training, • Accela GIS Admin and User Training. In terms of specific output, the following will be executed for this deliverable: One day Accela Overview Training course, Acoela Dib Arming Tool — formal training and advisement ➢ Thee -cry Acceta Autorrofion Ad ministrator Training course, Two4ay Reports Sclrra are# Training course, Two and One -Half- days (24 hours) Mobile Office Administrator Training course, Two and One Haf days (20 Burs) Accela Citizen Access Technical Training course, A Two and One Half -days (24 hours) Accela GIS Technical Training course ➢ Half -day (4 hours) Mobile Office User Training course Accela Responsibilities: • Coordinate with the Agency to define training schedule and logistics. • Deliver training per the specific requirements listed above. Agency Responsibilities: • Select and prepare the power -users who will be participating in the training and subsequently training end users. • Arrange the time and qualified people for the training who are critical to the project success. • Provide suitable Agency facilities to accommodate various training classes. • Ensure that users are proficient in using PC's in a Windows environment as a prerequisite for the course. • Ensure that users are familiar with use of standard Internet browsers as a prerequisite for the course. Acceptance Criteria: • Execution of listed training courses Page 24 of 42 Statement of Work DELIVERABLE 20: DAILY USER TRAINING This Deliverable includes the Delivery by Accela to Agency of 4 instances of the Daily User Train the Trainer Training course (2 days onsite). Accela best practices have proven that class sizes no larger than 14 participants are more successful with students who meet the pre- requisites of the course. The Accela Trainer has the right to modify the class size to ensure successful instruction with Agency agreement. End User Training should be coupled with the Agency delivering supplementary user training to its staff using the core Use Cases documented in each System Configuration Document. Accela recommends that Agency adopt the "80/20 rule" for training, focusing the majority of their training on the 80% of what the Agency normally does operationally. The recommended supplementary training conducted by the Agency can utilize business experts from each area to train on all aspects of their configuration. Accela will deliver current training documentation in a format that can be used to customize the documentation. Documents delivered by Accela to the Agency will be valid for the release that the Agency is trained. Documents delivered by Accela may not be shared with any other agency or Company per the Non - Disclosure Agreement. In terms of specific output, the following will be executed for this deliverable: A 4 instances of Daily User Training. Accela Responsibilities: • Coordinate with the Agency to define training schedule and logistics. • Provide 4 of Daily User Train the Trainer Training. Agency Responsibilities: • Select and prepare the power -users who will be participating in the training and subsequently training end users. • Arrange the time and qualified people for the training who are critical to the project success. • Provide suitable Agency facilities to accommodate various training classes. • Ensure that users are proficient in using PC's in a Windows environment as a prerequisite for the course. • Ensure that users are familiar with use of standard Internet browsers as a prerequisite for the course. Acceptance Criteria: • Execution of 4 instances of the End User Training course to the Agency. DELIVERABLE 21: USER ACCEPTANCE TESTING (UAT) This deliverable is comprised of the assistance Accela will provide to allow the Agency to accept that the configuration meets definitions in all the deliverables. Accela will assist the Agency in the testing and validation of the configuration and its readiness to be migrated to production for active use and will assist in transferring the system configuration and any required data from Support to Production. Accela will provide support for training, oversight, answering questions and addressing configuration issues discovered in User Acceptance Testing. Accela will assist the Agency in the testing and validation of the configuration and its readiness to be migrated to production for active use and will assist in transferring the system configuration and any required data from Support to Production. However, it should be noted that it is critical that the Agency devote ample time and resources to this effort to ensure that the system is operating per signed specifications and ready for the move to production. The testing effort will require a significant time investment by the Agency, and coordination of resources is critical. At this point in the implementation process, the Agency should test individual components of functionality of the configuration (i.e., functional and /or unit testing), and also test to ensure that the interrelated parts of the Accela Automation configuration are operating properly (i.e., integration testing). Page 25 of 42 Statement of Work Accela will provide assistance to the Agency as needed by providing User Acceptance Testing (UAT) support and facilitating completion of UAT. Accela will address and rectify issues discovered during the UAT process as Agency staff executes testing activities. Accela will work with the Agency to develop a test plan and deliver sample test scripts, as well as an issue log to track the progress of testing. It should be noted that Accela will plan for a total of 2 months to complete this deliverable. In terms of specific output, the following will be executed for this deliverable: Resolution of configuration issues nemilting from Agency End user Testing. ➢ Fully -tested system that is ready to move to a production environment. Accela Responsibilities: • Provide recommendations on testing strategy and best practices. • Lead the Agency in up to 2 months of User Acceptance testing effort and the validation of the system configuration and its readiness to be migrated to production for active use. • Resolution of issues as a result of User Acceptance Testing activities. Agency Responsibilities: • Provide timely and appropriate responses to Accela's request for information. • Make available the appropriate Agency key users and content experts to participate in user acceptance testing as defined and managed by Agency. • Develop the User Acceptance test scripts. • Utilize the use cases documented in each Configuration Document Deliverable as the basis for the acceptance of this Deliverable. Acceptance Criteria: • Completion of up to 3 months of UAT STAGE 6 - DEPLOY DELIVERABLE 22: PRODUCTION SUPPORT Production date is defined as the official date in which Accela Automation moves from the test environment to production for daily Agency usage. This date will be agreed to by both Accela and the Agency at project inception. It may be altered only by change order agreed to by both parties. In the weeks prior to moving to Production, Accela will assist in final data conversions, system validation, staff preparation assistance and training, and coordination of deployment. In terms of specific output, the following will be executed for this deliverable: ➢ Deployment support prior to moving to Production. ➢ Accela Automation used in production environment for Agency daily use. Accela Responsibilities: • Provide on -site resources to support the move to Production effort. • With assistance from the Agency, lead the effort to transfer the system configuration and any required data from Support to Production. • Assist in the development of a Pre - Production checklist that details the critical tasks that must be accomplished prior to moving to Production. Agency Responsibilities: Page 26 of 42 Statement of Work • Provide technical and functional user support for pre and post Production Planning, execution, and monitoring. • Provide timely and appropriate responses to Accela's request for information. • Assist in the development of a Pre - Production checklist that details the critical tasks that must be accomplished prior to moving to Production. • Make available the appropriate Agency key users and content experts to participate in user acceptance testing as defined and managed by Agency. Acceptance Criteria: • Deployment support prior to moving to Production. • Production system is first used by the Agency for daily use. DELIVERABLE 23: POST DEPLOYMENT SUPPORT AND TRANSITION TO CRC This deliverable is comprised of the post- Production support assistance that Accela will provide to address issues and provide consultative advice immediately following the move to Production for daily use. Accela will provide support for one (1) month immediately following deployment (go- live). At the end of the support period, a formal meeting will be scheduled with the Agency, Accela Services Team, and Accela CRC for the purpose of transitioning support of the Agency to Accela CRC. Accela will work with the Agency to identify and address issues identified during this period using a Post Production Issues List. This list will be comprised of issues related to the defined deliverables listed in this SOW, which will be addressed by Accela, as well as any other issues which will be addressed by the Agency. Examples of issues the Agency is responsible for include training issues, functional changes beyond the scope of this Statement of Work, cosmetic changes, and procedures related to the use of Accela Automation. Specifically, Accela will not be developing or creating additional reports, conversions, record types and workflow processes that were not included in the scope of this project. In terms of specific output, the following will be executed for this deliverable: One (1) month of Post Deployment Support. A Finafized Post Production Issue List Transition of Agency from Services team to Customer Resource Center for ongoing support. Accela Responsibilities: • Provide post - production support for Accela developed configuration and components. • Assist with the identification of issues for the Post Production Issues List. • Assist with issues that may arise related to the deliverables in this SOW. • Transfer ongoing support of the client to the CRC to address any post Production issues that require remediation. A.gency Responsibilities: • Provide technical and functional user support for post - production support and monitoring. • Develop and maintain a Post Production Issues List. • Provide timely and appropriate responses to Accela's request for information. • Make available the appropriate Agency key users and content experts to participate in user acceptance testing as defined and managed by Agency. Acceptance Criteria: • Execution of one (1) month post- Production support. • Official transfer from the Accela Services project team to the Customer Resource Center (CRC). Page 27 of 42 Statement of Work PROJECT RESOURCES AND LOCATION OF WORK WORK LOCATION Services contracted under this SOW may be performed remotely and /or at the Agency's on -site facilities as deemed appropriate and reasonable for the successful completion of the Services detailed herein. AGENCY RESOURCES Agency must fill the appropriate roles with the appropriate personnel to work together with the Accela Engagement Team for these Services and that Agency will make available additional resources as needed for the Services to be successful. Agency roles can be filled by the same person. In addition, Agency will provide all necessary technical resources to make appropriate modifications within any Agency systems wishing to integrate with any Accela systems. These resources must be proficient in Agency coding /development environment and tools, to make the required changes to their software to enable integration and must be available during the timeframe of these Services. Agency roles include Sponsor, Project Manager, Technology Manager, and Business Lead(s) for each Division /department being implemented, Super User trainers, and others as appropriate. include: • Ultimate responsibility for the success of the project, • Creating an environment that promotes project buy -in, Project Sponsor • Driving the project through all levels of the agency, Project Manager • High -level oversight throughout the duration of the project, • Serving as the primary escalation point to address project issues in a timely manner. ibilities include: • Overall administration, coordination, communication, and decision- making associated with the implementation; • Planning, scheduling, coordinating and tracking the implementation with Accela and across departments within the agency; • Ensuring that the project team stays focused, tasks are completed on schedule, and that the project stays on track. user representative for each affected department must be appointed to facilitate analysis and configuration and serve as a decision - making entity for that group. These critical appointments may well determine the success of the implementation for their respective areas. Responsibilities include: Division /Departmental • Attending requirements workshop sessions; Business Leads • Willing and able to gather data and make decisions about business processes; • Assist in the creation of specifications for reports, interfaces & conversions • Review and test the system configuration; • Participating in the implementation of the Accela Automation solution. Page 28 of 42 Statement of Work Division /Departmental Subject Matter Expert (SME) Technical Lead ACCELA RESOURCES Responsibilities include: • Being trained on the Accela Automation system at a System Administration level; • Being fully engaged in the Business Analysis and system configuration activities; • Assist internal efforts towards the creation of reports, interfaces & conversions; • Assist in the review and testing of the system configuration; • Actively participate in the full implementation of the Accela Automation solution. bilities include: • Primary responsibility for the technical environment during the software implementation; • Ensure that servers, databases, network, desktops, printers, are available fc system implementation and meet minimum standards; • Work with Accela technical personnel during implementation; • Maintain test and production databases; • Perform day -to -day maintenance of the system and install maintenance releases; • Act as the primary technical resource for troubleshooting problems; • -Establish and maintain backup, archival, and other customary maintenance and housekeeping activities. Accela will assign key Professional Services resources for this engagement with Agency. These individuals are well versed in the Accela Automation application, and are well qualified to lead this effort. Accela 's Project Manager shall assume full responsibility for the coordination of this team and its interaction with key Agency resources assigned to the effort. The main roles are as follows: The Project Executive oversees the project's progress /direction and works with the Project Manager to ensure efficiency, consistency and quality in delivery of Accela implementations. The Project Executive actively participates in a project Project Executive director /executive role. The Project Executive will meet with Agency Executives monthly or upon request throughout the duration of the project. The Accela Project Manager is responsible for the overall project management and _ works directly with the client throughout all aspects of Accela implementations: from he initial scoping, planning, staffing to delivery. The Project Manager undertakes the Project Manager project administration tasks including: Project plan management, Change order management, Page 29 of 42 Statement of Work • Issue log management and escalation, • Status reporting, • Project workspace management, • Resources management, • Work plan management, • Meetings management, • Project review with Project Executive. In addition, the Project Manager will actively participate in leading the System �__c_.____--_ n I___• 1 _ •u 1_ __ Uuniiyurauun Analy515 5e551Un5 anu will ue res{�eiisioie wr tile creauun ur me oysmill ;Configuration Document. _ The Senior Implementation Consultant assigned to the project will have major experience in the business process as well as the product functionality and is responsible for: • Business analysis activities: Mapping the client's business processes and requirements to the functionality of Accela's products and the creation of Senior Implementation solution design, . Leading system configuration activities, Consultant • Providing training /mentoring to agency staff, • Recommend industry best practices to agency to enhance business processes, • Guide agency on how best to configure the system based on past experiences and software expertise. iImplementation Consultant resources support the project and typically focus on the following tasks. • The configuration of the system to match the System Configuration Implementation Consultant document. • Build activities within the project, such as conversion data mapping, creation of reports and interface specification. Accela Technical Consultants are involved in all areas that require knowledge of server -side considerations and Accela add -on products such as: • Application installation and setup (Accela Automation, Accela GIS, Accela Technical Consultant Mobile Office, and Accela Citizen Access), • Report definition and creation, • Event Manager Script definition and programming, • Database Conversions and data mapping assistance, • Interface specifications and development. Training Consultant Training Consultants are responsible for Accela Training classes with assistance from ,Implementation consultants, depending on the nature of the specific project. Page 30 of 42 Statement of Work PAYMENT SCHEDULE The table below represents the Services payments to be made during the project. Project Management Startup (10 %) $ 29,349.00 Deliverable 1 Project Initiation $ 5,281.17 Deliverable 2 Setup and Installation $ 2,200.49 Deliverables 3 -5a Configuration Analysis - Group A (14 Record Types) $ 19,754.88 Deliverables 3 -5b Configuration Analysis - Group B (13 Record Types) $ 18,343.81 Deliverables 3 -5c Configuration Analysis - Group C (13 Record Types) $ 18,343.81 Deliverable 6a System Configuration - Group A (14 Record Types) $ 29,536.04 Deliverable 6b System Configuration - Group B (13 Record Types) $ 27,426.33 Deliverable 6c System Configuration - Group C (13 Record Types) $ 27,426.32 Deliverables 7, 9 Data Conversion (Historical) $ 16,503.66 Deliverable 8 Data Conversion (APO) $ 6,601.46 Deliverable 10 Selectron IVR Integration $ 2,640.58 Deliverable 11 EMSE Scripts $ 4,400.97 Deliverable 12 Report Specifications $ 1,980.44 Deliverable 13 Report Development $ 3,300.73 Deliverable 14* GIS Configuration $ 4,400.97 Deliverable 15 Accela Citizen Access Configuration $ 7,481.66 Deliverable 16 ** Accela Mobile Office $ 2,640.58 Deliverable 19a Administrative and Technical Training - 5 Days Admin /Reports $ 7,811.73 Deliverable 19b Administrative and Technical Training - 3 Day Mapping Tool $ 2,640.58 Deliverable 19c Administrative and Technical Training - ACA Admin $ 2,200.49 Deliverable 19d Administrative and Technical Training - AGIS Admin $ 2,200.49 Deliverable 19e Administrative and Technical Training - AMO Admin $ 2,200.49 Deliverable 20 User Training $ 5,171.15 Deliverable 21 User Acceptance Testing $ 5,501.22 Deliverable 22 Production Support $ 8,801.95 Deliverable 23 Post - Production Support and System Acceptance (10% retainage) $ 29,349.00 Total Deliverables $ 293,490.00 Project Management Month 1 $ 2,641.67 Month 2 $ 2,641.67 Month 3 $ 2,641.67 Month 4 $ 2,641.67 Month 5 $ 2,641.67 Month 6 $ 2,641.67 Month 7 $ 2,641.67 Month 8 $ 2,641.67 Month 9 $ 2,641.67 Month 10 $ 2,641.67 Month 11 $ 2,641.67 Month 12 $ 2,641.67 Total Project Management $ 31,700.00 Total 1 $ $ 325,190.00 Estimated Travel Expenses 1 $ 26,507.50 Page 31 of 42 Statement of Work EXPENSES Out -of- pocket travel and lodging expenses incurred by Accela resources in the performance of this Statement of Work will be reimbursed by Agency as incurred, in accordance with the Services Agreement between Accela and the Agency. Out -of- pocket travel and living expenses include but are not limited to all travel, airfare, transportation, lodging, parking, wireless internet connectivity, and meals. ACCEPTANCE The Services contracted for in this Statement of Work will be considered Accepted when all Deliverables defined in the Work Description Section have been accepted by Agency as defined for each Deliverable. TERMS The pricing and terms of this proposal are valid until February 1, 2012. If this Statement of Work is accepted after this date all pricing and terms may not be valid. SIGNATURE Agency acknowledges the undersigned has read this SOW, an d understands and agrees to be bound by its terms and conditions. The parties agree that this Agreement cannot be altered, amended or modified, except in writing that is signed by an authorized representative of both parties. Accepted By: Accepted By: Fort Worth, TX Accela, Inc. By: /� By: Print Name: Print Na f Fe- en Andd el as Title: Title: CDO 1?9'Gt n oa -A— Date: Date: /A. Jo, 20/Z z lo�z ,,AP`PROVED AS TO RM AND LEGALITY: Assists:a City Attorney Attested by OFFICIAL RECORD CITY SEPCIRETARY 9 FT. WORTH, TX Page 32 of 42 Statement of Work APPENDIX A - ACCELA IMPLEMENTATION METHODOLOGY Accela will deliver its Services to the Agency by employing the Accela Implementation Methodology. This is a proven methodology that guides the project from inception to deployment, thereby increasing the chances of successfully implementing Accela software products. Project delivery through execution of this Implementation Life Cycle is described below. IMPLEMENTATION LIFE CYCLE Thorough execution of these six stages ensures that Accela customers receive high - quality services throughout the project engagement. Figure 1 - Accela Implementation Methodology Develop Solution and Customizations Review Goafs and Analyze and Design v Test. Train and Go Live and Post Plan Project Solution Configure System Prepare for Go Live Production Support As illustrated in the figure above, the stages of project delivery flow in linear direction, although many tasks run in parallel as appropriate to avoid unnecessary project delays. Each stage has pre - defined objectives, tasks and associated deliverables. Depending on the exact scope of the project, a full complement or subset of all available deliverables will be delivered through the services defined for the project. Employing this deliverables -based approach ensures that Accela and the Agency understand the composition and 'downstream' impact of each project deliverable to ensure the project is delivered with quality and in a timely manner. INITIATION Initiation represents the first stage in the lifecycle. During the Initiation stage, project contracts and the SOW are finalized, project scope and objectives are reviewed, and project planning activities and deliverables are completed. In terms of specific deliverables, common output from the Initiation Phase is as follows: • Statement of Work, • Project Charter, • Baseline Project Plan, • Project Status Report Template, • Project Initiation Meeting. ANALYSIS Analysis is the second stage in the lifecycle. During the Analysis stage, Accela reviews documentation, interviews agency staff, and conducts workshops to understand the "As -Is" business processes in scope, as well as the "To -Be" vision of the Agency that can be executed with the help of Accela Automation. It is during this Phase that Accela gains a deeper understanding of Agency processes and business rules; simultaneously, the Agency begins to gain a deeper understanding of the methodology and Accela Automation capabilities. A key output of this Phase is the Software Configuration Document(s), which serves as the 'blueprint' for configuration of Accela Automation to support germane elements of the Agency "To -Be" Page 33 of 42 Statement of Work vision. Augmenting the System Configuration Document(s) and all other configuration specifications related to data conversion, interfaces, reports, and event scripts. The deliverable is the output from the Analysis Phase, which is the Software Configuration Document. CONFIGURATION Configuration is the third stage in the lifecycle, and it may begin at the same time as the 4th stage, Build, but ends after the Build stage is complete. During the Configuration stage, Accela Automation will be configured to match the configuration agreed to in the Analysis stage. Core to this effort is the configuration of the Record (Case, Application, Permit, Work Order, etc) types that were agreed to during the Analysis phase. Configuration of in -scope record types is comprised of: • User - defined fields (Application - Specific Information and Task - Specific Information), • Workflows and statuses, • Fee structures and rules, • Inspection data. BUILD Build serves as the fourth stage in the lifecycle, and execution of this stage overlaps Configuration, but ends before Configuration is complete. During the Build stage, all defined elements during the Analysis stage beyond the core configuration will be implemented. This includes conversions, event scripts, interfaces and reports. In terms of specific deliverables, common output from the Build Phase is as follows: • Event Script Development, • Report Specifications and Development, • Data Conversion Specifications and Development, • Interface Specifications and Development. READINESS Readiness is the fifth stage in the lifecycle. During the Readiness stage Accela Automation is fully tested, errors are identified and corrected, and the software is prepared for deployment. In addition, system administrators and end users are trained so that all appropriate agency staff members are prepared to use and maintain the software once the move to production occurs. In terms of specific deliverables, common output from the Readiness Phase is as follows: • User Acceptance Testing, • End -User Training. DEPLOY Deploy is the sixth and final stage in the lifecycle. During the Deploy stage the applications are moved to production; all requisite pre - production activities are identified, tracked and completed, and post - production analysis and review is completed. Upon moving to production, the Accela Automation applications are transitioned to the Accela Customer Resource Center ('CRC') for ongoing support. A_formal transition will occur between the Services team and the CRC that instructs the agency on available communication channels (telephone, email, online tracking system) and use of the Accela knowledge base. Lastly, all documented issues or enhancement requests will be transitioned from the Services team to the Customer Resource Center. In terms of specific deliverables, common output from the Deploy Phase is as follows: ■ Pre - Production Checklist Development, Tracking and Execution, Page 34 of 42 Statement of Work Move to Production, Post Production Analysis, Formal Transition to the CRC for Ongoing Support Page 35 of 42 Statement of Work APPENDIX B — STANDARD PROJECT ASSUMPTIONS Following the assumptions is a summary of the anticipated project risks, impacts and mitigation strategies that we documented based on our understanding of the project and our prior experience on similar initiatives. The information in this section is organized into the following categories: • Project Management and Administration • Project Schedule • Technology — Infrastructure • Training • Conversion and Interfaces • Testing • Pricing PROJECT MANAGEMENT AND ADMINISTRATION 1. Accela will be utilizing IK Consulting, LLC, as the main services partner for work related to this SOW, as specified within the Deliverables section of this document. 2. Agency and Accela will review their responsibilities before work begins to ensure that Services can be satisfactorily completed. 3. Agency will be responsible for all coordination, scheduling, meeting minute documentation and management and resolution of action items. Accela will provide Agency information and data required for configuration meetings for follow up with Agency. 4. Accela may perform work off -site. 5. Accela will approach this engagement with a focus on leveraging remote capabilities such as conference calling and WebEx sessions to mitigate costs associated with onsite travel. It is estimated that there will be four on site meetings for analysis. 6. When the project team works on -site at an Agency facility, suitable workspace will be provided and equipped with appropriately functional and usable desktop workstations, phones, network access to and connectivity with all systems, networks, and data as necessary to perform the project. 7. All decisions regarding project change orders and other project issues will be documented in writing using an issue management process mutually agreed upon by the Agency and Accela. For each issue, the project team in conjunction will describe the issue, various options and a proposed recommendation in writing for consideration. Work will not commence until approved through the established changed control process for the project. 8. Accela personnel will attend Agency executive steering committee meetings as needed. 9. Accela will provide the Agency with one electronic copy and up to one hard copy of project documentation (if requested). 10. Accela will participate in Agency meetings and negotiations where the Software and implementation of such, and /or the approval of deliverables for which we are a primary contributor are being defined. 11. Detailed acceptance criteria for deliverables will be mutually defined, agreed, and documented in advance. Agency will manage deliverables through the Agency required process. We expect a 10 business day, single review cycle in this process (i.e., submit, review, cure, accept) unless otherwise stated in the SOW. Second reviews will only consider defects and comments raised during the first review. Changes to this review process and timeline, if any, will be clearly defined during Project initiation and accounted for in the Project Plan. Agency will return one consolidated set of comments to Accela, which are to be consistent with previously defined acceptance criteria. Agency is responsible for obtaining any required approvals from other agencies. After the 2 business days, the deliverable will be deemed accepted, and the Project Team will proceed in accordance with the contents of the deliverable. 12. Agency will respond to requests for information, data, and clarifications and make Project related decisions within 3 working days in order to prevent excessive delays or repeated delays that may impact the project schedule. Page 36 of 42 Statement of Work 13. Accela will need access to (Agency /Department) subject matter experts to assist in identifying business rules, resolving process discrepancies, and answering questions. These subject matter experts will, in turn, solicit input from appropriate Agency management on any areas where policy or procedure is undefined. 14. Agency has committed to the involvement of key resources and subject matter experts for ongoing participation in all project activities as defined in the project plan associated with this SOW. 15. Accela will provide the Agency with a bi- weekly status report that outlines the tasks completed during the prior weeks, the upcoming tasks that need to be completed during the coming weeks, the resources needed to complete the tasks, a current version of the project plan, and a listing of any issues that may be placing the project at risk (e.g., issues that may delay the project or jeopardize one or more of the Production dates). PROJECT SCHEDULE 1. Schedule changes resulting from Agency business decisions and /or Agency staff availability that adjust the delivery of Project Team services beyond the agreed upon Project scope and timeline will likely impact the overall Project schedule and related fees. Such issues will be managed through the established change control procedure, as necessary. 2. Accela's project schedule and task estimates account for staff as per its proposal response and its understanding of the scope. As part of requirements validations, scope may be clarified, increased or reduced which may result in staff and associated schedule and cost changes. 3. Agency will maintain primary responsibility for the scheduling of Agency employees and facilities in support of project activities. 4. The project schedule is managed using Microsoft Project. Should any tasks slip behind schedule ten (10) business days, Accela and Agency will escalate according to the Communication Plan in the Project Charter. TECHNOLOGY- INFRASTRUCTURE 1. Agency will provide Accela with access to its equipment, systems, and personnel to the extent needed to complete the defined Services. 2. Accela will implement the most current version of Accela Automation at the time of the installation. 3. Agency shall provide Accela with network access for remote installation and testing through industry standards such as RSA Tokens. 4. Agency will provide Accela with access to its equipment, systems, and personnel to the extent needed to complete the defined Services, including, but not limited to, internet access, access to Accela servers, VPN access to the Agency network, and admin rights to all Accela servers (as needed). 5. Agency will provide /purchase /acquire the appropriate hardware, software and infrastructure assets to support all required Accela software products in both support/testing and production environments as defined in the project schedule. 6. Agency is responsible for proper site preparation, hardware, software, and network configuration in accordance with Accela specifications. 7. The Agency will host and operate the system environment. This includes all necessary system and database backup and recovery services. 8. The Agency will be responsible to ensure and certify that the new application will not adversely affect any existing systems in a shared environment (if applicable). 9. The Agency will be responsible for performing all necessary activities related to the current Agency applications, data, network and infrastructure, including PCs and associated peripheral devices, hardware, operating software, database management systems, network, and system security, to support the Project. These activities include infrastructure installation, support and enhancement necessary to support the project, legacy system shutdown, legacy system modification, and interface development in the legacy system, legacy data extraction and cleansing and legacy system support. 10. The Agency or any concerned agency will be responsible for making the necessary modifications to Agency or 3rd Party systems to make an interface available to Accela. Page 37 of 42 Statement of Work 11. The Agency will provide the acquisition, installation, configuration, upgrading and other related hardware /software component related activities of all relevant user workstations, laptops and mobile computing devices. 12. The Agency will be responsible for confirming that any proposed hardware and software meet agency and other Agency standards (if applicable). 13. The Agency will provide necessary network support, communications, modifications, and administration including but not limited to: a. The Agency will ensure that the system environments (to include electrical, network, HVAC, floor space) are available to support the Project, as needed to maintain the Project schedule. Delays attributable to the environments not being available that have a scope or schedule impact will be managed through the established change process. 14. The Agency will certify through approval of deliverables that all systems and components comply with any applicable laws, regulations, standards, and statute, including Security Certification and Accreditation (C&A) and ADA compliance. 15. The Agency will provide Accela with necessary access to the associated Agency systems to meet requirements including, but not limited to interfaces, subject matter experts and relevant documentation. 16. Agency will provide necessary network support, communications, modifications, and administration. 17. Accela software will be installed on Customer provided backend Server Platforms specifically Windows Servers, and Microsoft SQL Server Database, in two separate environments (Test and Production). 18. For use with Accela Citizen Access, Agency will provide /purchase /acquire an online merchant account and all related hardware required by the merchant account provider for the handling of credit cards and /or checks. TRAINING 1. In support of the training effort, the Agency will: a. Identify all trainers and engage them with the project team as early as possible in the schedule in order to develop their knowledge of the system. b. Be responsible for the costs associated with any recommended external training as identified and confirmed in the Training Plan. 2. Our proposed project price is based on Train - the - Trainer (TTT) delivery. 3. Accela will train up to 24 people in 4 half day (4 hours) sessions. 4. The Agency will help plan, prepare for and assist in delivering the train - the - trainer sessions. As necessary, the Agency will provide the setup of individual training user IDs and appropriate role -based responsibilities. The Agency will provide test scripts, processes and policies to the project team in a timeframe that supports the training content development schedule. The Agency will provide and /or otherwise enter training environment data and will be responsible for maintaining the training environment, including refreshing the training database per a refresh master schedule. 5. The Agency is solely responsible for making designated trainees (trainers) available for training per the project schedule. If any designated trainee is not available to participate in scheduled training, Accela is not responsible for making alternative arrangements for missed training. 6. The Agency will provide all hardware, software and supporting equipment required for delivery all training. The Agency will provide appropriate classroom facilities and training environments when required. 7. The Agency will be responsible for all end user training including training logistics, training scheduling, and the printing of training materials. The Agency will confirm the total number of training rooms needed for the project duration after the approval by the Agency of the draft training strategy. CONVERSION AND INTERFACES 1. Our proposed project plan includes data conversion /migration activities as part of the project schedule for the conversions and interfaces detailed in Stage 4 — Build. The Agency will provide access to the legacy systems and databases and appropriate subject matter experts or system owners to aid in the conversion process. Page 38 of 42 Statement of Work 2. For the data conversion /migration effort, the Agency is responsible for the business data quality assessment and /or data cleansing as well as extraction of the data from legacy systems in a format to be specified by the project team. The Agency will provide resources to accurately assess the quality of data in legacy systems and databases to be converted and take mutually acceptable measures to improve the quality of that data to meet project requirements. If the quality of the data shifts the delivery of project team services beyond the agreed upon project scope and timeline, it may affect the overall project schedule and related fees. Such impacts would be managed through the established change control procedure. 3. Accela understands the complexity and level of detail inherent in conversion activities and provides this information in an effort to address common questions and misconceptions. Any conversion activities not included in this Standard Project Assumptions section are considered out of scope, and can be addressed through a change order for Accela services, or can potentially be executed by the Agency, depending on the nature of the tasks and the skills required. 4. The standard historical data conversion includes converting transactional tables, current APO and Professional License data. 5. Extensive quality assurance of historical data by the Agency is recommended to verify accurate transfer of data. Accela will perform unit testing of the conversion program and perform spot checks of the data within AA to rule out data corruption. 6. A complete core configuration must be completed prior to data conversion as it is heavily dependent upon configuration. In particular: a. Record types must be configured and workflow must be established for each Record type prior to conversion, b. Configuration of application specific information must exist, c. Agency sign off on data maps is required prior to executing the first conversion run. 7. The Agency and Accela will jointly develop specifications for required interfaces to legacy Agency and external systems. Agency will certify all interfaces prior to the start of User Acceptance Testing. The Agency staff will develop the legacy portion of the interface, create test data, perform tests on each interface, and approve the final version for moving into production. Other Agency interface responsibilities include: a. Data transformation, as necessary, to meet the requirements defined in the project solution design documents. b. Stabilization of the target legacy interface applications. c. Coordinating development of any external interfaces per the baseline project schedule. d. Developing /maintaining a test environment for target legacy interface applications. e. Taking corrective action based on test results for legacy environment within two business days. 8. Conversion of transactional tables, Address /Parcel /Owner (APO) data, Professional License data is executed "As- is" into Accela Automation. "As -is" means no data transformation (unless the Accela Data Mapping tool enables the data transformation) and also means the mapping will be field -to- field, such that a single field is mapped to a single field. "As -is" means the data will look in AA as it appears in the legacy system. 9. Database Formats for historical conversions that utilize the data mapping tool, data must be provided in either an MS SQL Server or Oracle database. Accela will lead the effort to supply the historical data in the appropriate format. (Note that APO and Licensed Professional data can be provided in Oracle, MS -SQL Server, MS Access, or pipe delimited flat file because these two conversions do not utilize the data mapping tool). 10. Conditions of approvals can be mapped to workflow using the Data Mapping Tool and are standard provided they correlate and are configured to a work flow item in AA. Conditions of lock/hold /notice are standard. 11. The data conversion includes converting documents to ADS in AA provided the client provides the documents in a structure Accela requires. The documents will be converted to ADS and written /stored in a file system, not a database. See Standard Document Migration for additional details. 12. The following are the standard data concatenation /translation rules: a. Record level concatenation (e.g. Fielda & " and " & Fieldb), b. Type casting with defaulting (e.g. convert a string to a date or number if translation is possible, c. Null checked on required fields, d. Add two numbers (e.g. NumberA + NumberB), Page 39 of 42 Statement of Work e. Translate legacy items that fit into the predefined translation tables, f. Eliminate duplicated records. 13. The Agency requires an interface to Accela Automation Inspection scheduling and status features will be leveraged to the public through an interface to Selectron IVR. While Accela has an existing relationship with Selectron that allows Selectron IVR to be integrated with Accela Automation for inspection scheduling and tracking purposes, the responsibility for the maintenance of the interface becomes the responsibility of Selectron and the Agency. 14. Accela will train Agency staff to map data as needed. Data can be mapped using the Accela Data Mapping tool, an Accela implementation tool used to map legacy data into Accela Automation. The standard allows for certain types of mappings. For example, a legacy 'yes /no' field that would map to an AA yes /no field is allowed for within the standard. Another example the tool allows is mapping a legacy ' 1 or 0' to a checkbox field in AA. 15. The Agency or any concerned agency will be responsible for making the necessary modifications to their systems to make an interface available to Accela. 16. The purpose of all interfaces will be strictly limited to an exchange of data. STANDARD DOCUMENT MIGRATION The standard document migration is for clients who will be utilizing the Accela Document Service (ADS). The ADS system can store files associated to an application and /or parcel. In order for the file to be associated to an application or Parcel record the data must be loaded prior to running the standard migration tool. All files must be in the pre - defined format as described below and on a windows based machine. To use the Document Migration Tool the files that need to be loaded into ADS must be in a pre - defined format. To create the required structure follow the below steps: • Create the root repository on the server /computer where you want to store the files that need migrated. For purposes of this document, it is assumed that the repository is at C:1AccelaDocumentsl • Under the C:1AccelaDocuments folder there will be a folder for each application /parcel record that has a file that needs to be associated to it. The name of the folder must be either the application or parcel number. • All files to be associated to the application or parcel record will be placed in the folder. For example, for the application number of BLDG07 -00001 There will be a folder created at "C:1AccelaDocumentslBLDG07- 00001" located in this folder will be all files that need to be linked to the application number of BLDG07- 00001. • The Standard Document Migration tool will load the appropriate table in Accela Automation and ADS databases. TESTING 1. Accela will be responsible for unit test and support the remaining testing processes and phases, correcting any defects based upon expected functionality captured in the approved Design. 2. Agency will develop the Acceptance Test Plan in collaboration with their staff /departments. The Agency will be responsible for executing the Test Scripts and validating and loading all required test data into the Test Environment necessary for test execution. 3. The Agency is responsible for developing, within the framework of the agreed upon Test Plan and Scripts, all test datasets and related database content to support Integration, System and User Acceptance Testing. 4. Accela will provide a sample User Acceptance Test Plan. PRICING ASSUMPTIONS Our fixed -fee price is based on the scope, approach, resource estimates, deliverables and assumptions defined in this task order. The level of effort included in our pricing was estimated based on the information available and discussion with Agency on roles and responsibilities. As the project detailed design progresses, Accela will work with Agency to further define and estimate at a detailed level customizations /extensions and other custom coded components as well as prioritize work in these areas. Should Agency require customizations /extensions and other custom coded Page 40 of 42 Statement of Work components, revised resource and cost estimates will be made. Any resulting scope changes will be managed through the established change control procedure for the project. 1. Agency accepts best practices templates as basis for system configuration (workflow process, workflow tasks, workflow task statuses, smart- choices, renewal info, application statuses, Accela Citizen Access record types, and inspections) with some modifications allowed to address customer - specific nomenclature, application specific information, fee schedules, conditions, and Accela Citizen Access text. 2. Forty (40) unique business processes (this includes distinct combinations of workflow processes, inspections, fee schedules, and application intake process) are included for the record type configuration. Additional need for more business processes configuration will be the responsibility of the Customer. Accela will train Customer resources adequately so this can be accomplished by the Customer. 3. Up to fifty (50) hours of custom Event Manager Scripts will be designed and configured. Event Manager Scripts are useful when a solution via base configuration cannot be achieved, as custom scripts extend the base functional capabilities of Accela Automation software. 4. Accela will train Agency Staff to understand the Accela Database structure so the Agency can develop reports beyond the proposed five (5). The Agency resource should already possess a working skill and proficiency with ANSI SQL and T -SQL, Microsoft SQL Server Reporting Services reporting tools and report develop techniques. Accela does not provide training in either of these noted areas of proficiency. Page 41 of 42 Statement of Work APPENDIX C — DELIVERABLES ACCEPTANCE FORM Please acknowledge acceptance by: A B Sign and fax this document to Email this document as an attachment to OR � Tel- Fax: c s Date: Source I Agency Name: Reference Approving Agency Manager: Accela Manager: Project Name / Code: Service Contract / Agreement #: Agency agrees that Acce/a has successfully completed the following Deliverables: Agency agrees that Acce/a has successfully completed the Deliverables described above in accordance with the terms of the related Contract/Agreement. APPROVALS: Agency Name Signature Title Date Page 42 of 42 Source I Deliverable # Reference Details Service Agreement Agency agrees that Acce/a has successfully completed the Deliverables described above in accordance with the terms of the related Contract/Agreement. APPROVALS: Agency Name Signature Title Date Page 42 of 42 EXHIBIT B STATEMENT OF WORK PAYMENT SCHEDULE The table below represents the Services imments to be made durina the iroiect Project Management Startup (10 %) $ 29,349.00 Deliverable 1 Project Initiation $ 5,281.17 Deliverable 2 Setup and Installation $ 2,200.49 Deliverables 3 -5a Configuration Analysis - Group A (14 Record Types) $ 19,754.88 Deliverables 3 -5b Configuration Analysis - Group B (13 Record Types) $ 18,343.81 Deliverables 3 -5c Configuration Analysis - Group C (13 Record Types) $ 18,343.81 Deliverable 6a System Configuration - Group A (14 Record Types) $ 29,536.04 Deliverable 6b System Configuration - Group B (13 Record Types) $ 27,426.33 Deliverable 6c System Configuration - Group C (13 Record Types) $ 27,426.32 Deliverables 7, 9 Data Conversion (Historical) $ 16,503.66 Deliverable 8 Data Conversion (APO) $ 6,601.46 Deliverable 10 Selectron IVR Integration $ 2,640.58 Deliverable 11 EMSE Scripts $ 4,400.97 Deliverable 12 Report Specifications $ 1,980.44 Deliverable 13 Report Development $ 3,300.73 Deliverable 14* GIS Configuration $ 4,400.97 Deliverable 15 Accela Citizen Access Configuration $ 7,481.66 Deliverable 16 ** Accela Mobile Office $ 2,640.58 Deliverable 19a Administrative and Technical Training - 5 Days Admin /Reports $ 7,811.73 Deliverable 19b Administrative and Technical Training - 3 Day Mapping Tool $ 2,640.58 Deliverable 19c Administrative and Technical Training - ACA Admin $ 2,200.49 Deliverable 19d Administrative and Technical Training - AGIS Admin $ 2,200.49 Deliverable 19e Administrative and Technical Training - AMO Admin $ 2,200.49 Deliverable 20 User Training $ 5,171.15 Deliverable 21 User Acceptance Testing $ 5,501.22 Deliverable 22 Production Support $ 8,801.95 Deliverable 23 Post - Production Support and System Acceptance (10% retainage) $ 29,349.00 Total Deliverables $ 293,490.00 Project Management Month 1 $ 2,641.67 Month 2 $ 2,641.67 Month 3 $ 2,641.67 Month 4 $ 2,641.67 Month 5 $ 2,641.67 Month 6 $ 2,641.67 Month 7 $ 2,641.67 Month 8 $ 2,641.67 Month 9 $ 2,641.67 Month 10 $ 2,641.67 Month 11 $ 2,641.67 Month 12 $ 2,641.67 Total Project Management $ 31,700.00 Total 1 $ $ 325,190.00 Estimated Travel Expenses III $ 26,507.50 Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 11 of 31 EXHIBIT C NETWORK ACCESS AGREEMENT This NETWORK ACCESS AGREEMENT ( "Agreement ") is made and entered into by and between the CITY OF FORT WORTH ( "City "), a home rule municipal corporation with its principal location at 1000 Throckmorton Street, Fort Worth, Texas 76102 , organized under the laws of the State of Texas and situated in portions of Tarrant, Denton and Wise Counties, Texas, and Accela, Inc., with its principal location at 2633 Camino Ramon, Suite 120, San Ramon, California 94583. ( "Contractor ") 1. The Network. The City owns and operates a computing environment and network (collectively the "Network "). Contractor wishes to access the City's network in order to provide Accela Automation Land Management integration services. In order to provide the necessary support, Contractor needs access to CFW network, internet and intranet. Contractor will also need VPN account and remote access to the CFW network. 2. Grant of Limited Access. Contractor is hereby granted a limited right of access to the City's Network for the sole purpose of providing Accela Automation Land Management integration services. Such access is granted subject to the terms and conditions set forth in this agreement and applicable provisions of the City's Administrative Regulation D -7 (Electronic Communications Resource Use Policy), of which such applicable provisions are hereby incorporated by reference and made a part of this Agreement for all purposes herein and are available upon request. 3. Network Credentials. The City will provide Contractor with Network Credentials consisting of user IDs and passwords unique to each individual requiring network access on behalf of the Contractor. Access rights will automatically expire one (1) year from the date of this Agreement. If this access is being granted for purposes of completing services for the City pursuant to a separate contract, then this Agreement will expire at the completion of the contracted services, or upon termination of the contracted services, whichever occurs first. This Agreement will be associated with the Services designated below. ❑ Services are being provided in accordance with City Secretary Contract No. ❑ Services are being provided in accordance with Purchase Order No. ® Services are being provided in accordance with the Agreement to which this Access Agreement is attached ❑ No Services are being provided pursuant to this Agreement 4. Renewal. At the end of the first year and each year thereafter, this Agreement may be renewed annually if the following conditions are met: 4.1 Contracted services have not been completed. 4.2 Contracted services have not been terminated. 4.3 Within the thirty (30) days prior to the scheduled annual expiration of this Agreement, the Contractor has provided the City with a current list of its officers, agents, servants, employees or representatives requiring Network credentials. Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 12 of 31 Notwithstanding the scheduled contract expiration or the status of completion of services, Contractor shall provide the City with a current list of its officers, agents, servants, employees or representatives requiring Network credentials on an annual basis. Failure to adhere to this requirement may result in denial of access to the Network and /or termination of this Agreement. 5. Network Restrictions. Contractor officers, agents, servants, employees or representatives may not share the City- assigned user IDs and passwords. Contractor acknowledges, agrees and hereby gives its authorization to the City to monitor Contractor's use of the City's Network in order to ensure Contractor's compliance with this agreement. A breach by Contractor, its officers, agents, servants, employees or representatives of this agreement and any other written instructions or guidelines that the City provides to Contractor pursuant to this agreement shall be grounds for the City to immediately deny Contractor access to the Network and Contractor's data, terminate the Agreement, and pursue any other remedies that the City may have under this Agreement or at law or in equity. 5.1 Notice to Contractor Personnel — For purposes of this section, Contractor Personnel shall include all officers, agents, servants, employees, or representatives of Contractor. Contractor shall be responsible for specifically notifying all Contractor Personnel who will provide services to the City under this agreement of the following City requirements and restrictions regarding access to the City's Network: (a) Contractor shall be responsible for any City -owned equipment assigned to Contractor Personnel, and will immediately report the loss or theft of such equipment to the City (b) Contractor, and /or Contractor Personnel, shall be prohibited from connecting personally -owned computer equipment to the City's Network (c) Contractor Personnel shall protect City- issued passwords and shall not allow any third party to utilize their password and /or user ID to gain access to the City's Network (d) Contractor Personnel shall not engage in prohibited or inappropriate use of Electronic Communications Resources as described in the City's Administrative Regulation D7 (e) Any document created by Contractor Personnel in accordance with this Agreement is considered the property of the City and is subject to applicable state regulations regarding public information (f) Contractor Personnel shall not copy or duplicate electronic information for use on any non -City computer except as necessary to provide services pursuant to this Agreement (g) All network activity may be monitored for any reason deemed necessary by the City (h) A Network user ID may be deactivated when the responsibilities of the Contractor Personnel no longer require Network access 6. Termination. In addition to the other rights of termination set forth herein, the City may terminate this Agreement at any time for any reason with or without notice, and without penalty to the City. Upon termination of this Agreement, Contractor agrees to remove entirely any client or communications software provided by the City from all computing equipment used and owned by the Contractor, its officers, agents, servants, employees or representatives to access the City's Network. Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 13 of 31 7. Information Security. Contractor agrees to make every reasonable effort in accordance with accepted security practices to protect the Network credentials and access methods provided by the City from unauthorized disclosure and use. Contractor agrees to notify the City immediately upon discovery of a breach or threat of a breach which could compromise the integrity of the City's Network, including but not limited to, theft of Contractor -owned equipment that contains City - provided access software, termination or resignation of officers, agents, servants, employees or representatives with access to City - provided Network credentials, and unauthorized use or sharing of Network credentials. ACCEPTED AND AGREED: CITY OF FORT WORTH ACCELA, INC. By: By: Fernando Costa Jeffr Tung Assistant City Qllar�a�er COO � Date: ,Zl(, // Date: ��, ATTEST: oo�tit� TTEST: j cyQt %:q -4&` ..its 0 Name: VmcLr A%-, do o e U Alfiwi D. Munoz City Secretary 760P po I .A. Procu /-cman7`' ^00 * �1 APPROVED AS TO FORM AND LEGR�A By: LJV `'� Maleshia B. armer Assistant City Attorney OFFICIAL RECORD CITY SECRETARY a FT. WORTKI TX i Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 14 of 31 EXHIBIT D VERIFICATION OF SIGNATURE AUTHORITY Name of Company: Accela, Inc. Legal Address: 2633 Camino Ranch, Suite 120, Bishop Ranch 3, San Ramon California, 94583 Services to be provided: Work Order and Asset Management Software Implementation Services Execution of this Signature Verification Form ( "Form ") hereby certifies that the following individuals and /or positions have the authority to legally bind the Company and to execute any agreement, amendment or change order on behalf of Company. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Company. The City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Company. Company will submit an updated Form within ten (10) business days if there are any changes to the signatory authority, The City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by the Company, 1. Name: Teffrcy Tarlq Position: C 0 Si ure 2. Name: 7ulicn a. Munn Position: V.P. Arocc rernent- Signat re 3. Name: Signatu Name: M ry 8/ackman Signature of President / CEO Other Title: W2 Date: Ten 22 joix Exhibit / Attachment Accela, Inc. /City or Port Wortli, Planning & Development Department. Sof vnre and hnplememalion Services Agreement Page 15 of 31 ATTACHMENT A - LICENSE AGREEMENT 1. Parties ACCELA CUSTOMER Accela, Inc. City of Fort Worth, Texas 2633 Camino Ramon, Suite 120 1000 Throckmorton Street San Ramon, California 94583 Fort Worth, TX 76102 This License Agreement ( "LA") is intended for the exclusive benefit of the Parties; nothing herein will be construed to create any benefits, rights, or responsibilities in any other parties. 2. Term and Termination 2.1 Term This LA is effective as of the date of Customer's signature ( "Effective Date ") and will continue until terminated as provided herein. 2.2 Termination Either party may terminate if the other party materially breaches this LA and, after receiving a written notice describing the circumstances of the default, fails to correct the breach within thirty (30) calendar days. Upon any termination or expiration of this LA, all rights granted to Customer are cancelled and revert to Accela. Notwithstanding the foregoing, Customer shall have the right to terminate this Agreement for convenience upon sixty (60) days written notice to Accela. In addition, Customer shall have the right to terminate this Agreement if insufficient funds are appropriated to satisfy Customer's financial obligations under this Agreement. Such termination for non - appropriation of funds shall be effective on the last day of Customer's fiscal year for which funds have been appropriated, at no penalty to Customer. 3. Intellectual Property License 3.1 License The software products ( "Software ") listed in Exhibit A -1 are protected under the laws of the United States and the individual states and by international treaty provisions. Accela retains full ownership in the Software and grants to Customer a limited, nonexclusive, nontransferable license to use the Software, subject to the following terms and conditions: 3.1.1 The Software is provided for use only by Customer employees and contractors, when and to the extent that such contractors' use is for Customer's benefit. 3.1.2 The Software will be delivered or made available to Customer for electronic download from Accela's File Transfer Protocol ( "FTP ") site. 3.1.3 The Software may be installed on one or more computers but may not be used by more than the number of users for which the Customer has named user licenses. The Software is deemed to be in use when it is loaded into RAM (random access memory) in a computer, regardless of whether a user is actively working with the Software. Accela may audit Customer's use of Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 16 of 31 the Software to ensure that Customer has paid for an appropriate number of licenses. Should the results of any such audit indicate that Customer's use of the Software exceeds its licensed allowance, Customer agrees to pay all costs of its overuse as determined using Accela's then - current pricing; any such assessed costs will be due and payable by Customer within thirty (30) days of the assessment. Customer agrees that Accela's assessment of overuse costs pursuant to this Subsection is not a waiver by Accela of any other remedies available to Accela in law and equity for Customer's unlicensed use of the Software. 3.1.4 Customer may make backup copies of the Software only to protect against destruction of the Software. Customer may copy Accela's documentation only for internal use by Customer's employees. 3.1.5 Customer may not make any form of derivative work from the Software, although Customer is permitted to develop additional or alternative functionality for the Software using tools and /or techniques licensed to Customer by Accela. 3.1.6 Customer may not obscure, alter, or remove any confidentiality or proprietary rights notices. 3.1.7 Customer is liable to Accela for any losses incurred as the result of unauthorized reproduction or distribution of the Software which occur while the Software is in Customer's possession or control, unless such reproduction or distribution is due to circumstances reasonably beyond Customer's control. 3.1.8 Customer may use the Software only to process transactions relating to properties within Customer's city limits and within the extraterritorial jurisdiction of the City of Fort Worth and may not sell, rent, assign, sublicense, lend, or share any of its rights under this LA. 3.1.9 Customer is entitled to receive the Software compiled (object) code and is licensed to use any data code produced through implementation and /or normal operation of the Software; Customer is not entitled to receive source code for the Software except pursuant to an Intellectual Property Escrow Agreement, which may be executed separately by the Parties. Customer may not decompile or reverse - engineer the Software. 3. 1.10 All rights not expressly granted to Customer are retained by Accela. 3.2 License Warranties 3.2.1 Accela warrants that it has full power and authority to grant this license and that, as of the effective date of this LA, the Software does not infringe on any existing intellectual property rights of any third party. If a third party claims that the Software does infringe, such rights, duties and obligations shall be governed by Section 8 of the Agreement. Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 17 of 31 3.2.2 Accela has no obligation for any claim based upon a modified version of the Software or the combination or operation of the Software with any product, data, or apparatus not provided by Accela. Accela provides no warranty whatsoever for any third -party hardware or software products. 3.2.3 Except as expressly set forth herein, Accela disclaims any and all express and implied warranties, including but not necessarily limited to warranties of merchantability and fitness for a particular purpose. 3.3 Compensation 3.3.1 License Fees In exchange for the Software described hereinabove, Customer will pay to Accela the amounts indicated in Exhibit A -1. 3.3.2 Payment Terms Amounts are quoted in United States dollars and do not include applicable taxes, if any. Customer will be responsible for payment of all federal, state or provincial, and local taxes and duties, except those based on Accela's income. If Customer is exempt from certain taxes, Customer will provide Accela with an appropriate certificate of exemption. Customer will be invoiced for all amounts upon occurrence of the billing events described in Exhibit A -1. The payment terms of all invoices are net thirty (30) calendar days from the dates of the invoices. Accela may, at its sole discretion, suspend its obligations hereunder without penalty until payments for all past - due billings have been paid in full by Customer. 4. Confidentiality 4.1 Definitions "Disclosing Party" and "Recipient" refer respectively to the party which discloses information and the party to which information is disclosed in a given exchange. Either Accela or Customer may be deemed Disclosing Party or Recipient depending on the circumstances of a particular communication or transfer of information. "Confidential Information" means all disclosed information relating in whole or in part to non - public data, proprietary data compilations, computer source codes, compiled or object codes, scripted programming statements, byte codes, or data codes, entity - relation or workflow diagrams, financial records or information, client records or information, organizational or personnel information, business plans, or works -in- progress, even where such works, when completed, would not necessarily comprise Confidential Information. The foregoing listing is not intended by the Parties to be comprehensive, and any information which Disclosing Party marks or otherwise designates as "Confidential" or "Proprietary" will be deemed and treated as Confidential Information. Information which qualifies as "Confidential Information" may be presented to Recipient in oral, written, graphic, and /or machine - readable formats. Regardless of presentation format, such information will be deemed and treated as Confidential Information. Notwithstanding, the following specific classes of information are not "Confidential Information" within the meaning of this Section: a) information which is in Recipient's possession prior to disclosure by Disclosing Party; b) information which is available to Recipient from a third party without violation of this LA or Disclosing Party's intellectual property rights; Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 18 of 31 c) information disclosed pursuant to Subsection 4.4 below; d) information which is in the public domain at the time of disclosure by Disclosing Party, or which enters the public domain from a source other than Recipient after disclosure by Disclosing Party; e) information which is subpoenaed by governmental or judicial authority; and f) information subject to disclosure pursuant to a state's public records laws. 4.2 Confidentiality Term The obligations described in this Section commence on the Effective Date and will continue until two (2) years following any termination or expiration of this LA ( "Confidentiality Term "). 4.3 Confidentiality Obligations During the Confidentiality Term, Recipient will protect the confidentiality of Confidential Information using the same degree of care that it uses to protect its own information of similar importance, but will in any case use no less than a reasonable degree of care to protect Confidential Information. Recipient will not directly or indirectly disclose Confidential Information or any part thereof to any third party without Disclosing Party's advance express written authorization to do so. Recipient may disclose Confidential Information only to its employees or agents under its control and direction in the normal course of its business and only on a need -to -know basis. In responding to a request for Confidential Information, Recipient will cooperate with Disclosing Party, in a timely fashion and in a manner not inconsistent with applicable laws, to protect the Confidential Information to the fullest extent possible. 4.4 Publicity During the term of this LA, including the term of any amendment hereto, Accela may publicly disclose its ongoing business relationship with Customer. Such disclosures may indicate Customer's identity and the Accela product(s) and services provided or contracted to be provided to Customer. These disclosures may include press releases or other communications to media, display on Accela web sites, or use in other marketing activities, but will not include non - public information or indicate Customer's express endorsement of Accela's products or services without Customer's prior written authorization. 5. Other Terms and Conditions 5.1 Removal and Destruction of Software Within ten (10) business days following termination of this LA by either Party, Customer will remove all copies of the Software from those computer systems which it owns or controls and will destroy all media which contain copies of the Software or portions thereof. Customer will certify said removal and destruction to Accela within fifteen (15) business days following termination of this LA. 5.2 Assignment Accela may assign its rights and obligations hereunder for purposes of financing or pursuant to corporate transactions involving the sale of all or substantially all of its stock or assets. Accela will provide advance written notice of any such assignment to Customer thirty (30) calendar days prior to such assignment. 5.3 Survival The following provisions will survive the termination or expiration of this LA: Section 3.3 and all subsections thereof, as to Customer's obligation to pay any Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 19 of 31 fees accrued or due at the time of termination or expiration, Section 4 and all subsections thereof; and Section 5, and all subsections thereof. 5.4 Alternate Terms Disclaimed The parties expressly disclaim any alternate terms and conditions accompanying drafts and /or purchase orders issued by Customer. 5.5 Severability and Amendment If any particular provision of this LA is determined to be invalid or unenforceable, that determination will not affect the other provisions of this LA, which will be construed in all respects as if the invalid or unenforceable provision were omitted. No extension, modification, or amendment of this LA will be effective unless it is described in writing and signed by the Parties. 5.6 Applicable Law / Dispute Resolution This Agreement shall be governed by the laws of the state of Texas. Venue for any action arising hereunder shall be in the state or district courts of Tarrant County, Texas. Any disputes arising under this Agreement shall be governed by Section 30 of the Professional Services Agreement to which this LA is attached. Attachment A -1 Follows. END OF DOCUMENT Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 20 of 31 ATTACHMENT A -1 LICENSE PAYMENT SCHEDULE Deliverables Quantity Fees Accela Automationo Land Management Site License 1 $750,000.00 Customer Discount on Land Management N/A $703,700.00 Accela Automation8 Licensing and Case Management Server Software 1 $54,995.00 Accela Automation6 Licensing and Case Management User License Packs 5 Named Users Per Pack 3 $32,985.00 Customer Discount on Licensing and Case Management User N/A $87,980.00 Accela Citizen Access TM Server Software 1 $10,995.00 Accela Citizen Access Module Fee 2 $21,990.00 Accela Citizen Access Population Fee (Based Upon 746,000 Population) 1 $52,000.00 Customer Discount on Accela Citizen Access N/A $84,985.00 Accela Mobile Office User License Packs (5 Named Users Per Pack 1 $10,995.00 Customer Discount on Accela Mobile Office N/A $4,398.00 Accela GISTM Site License 1 $150,000.00 Customer Discount on Accela GIS (50% Discount on Site License Plus $16,922.50 Credit N/A ($91,922.50) Total of Fees $110,974.50 License Fees are fixed -price deliverables for which full payment is due upon signing. The City of Fort Worth's Planning and Development Department and the Transportation and Public Works Department, Storm Water Management Division, will share software applications Accela Mobile Office and Accela GIS. Optional Purchase: For twelve (12) months from the Effective Date, Customer shall have the option, but not the obligation, to purchase 8 additional user packs (each consisting of five [5] named users) of Accela Mobile Office at the discounted rate of $6,597.00 per pack (rate discounted 40% from current list price of $10,995.00 /pack) for a total of $52,776. END OF DOCUMENT Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 21 of 31 ATTACHMENT B - MAINTENANCE AGREEMENT Parties ACCELA CUSTOMER Accela, Inc. City of Fort Worth, Texas 2633 Camino Ramon, Suite 120 1000 Throckmorton Street San Ramon, California 94583 Fort Worth, Texas 76102 This Maintenance Agreement ( "MA ") is intended for the exclusive benefit of the Parties; nothing herein will be construed to create any benefits, rights, or responsibilities in any other parties. 2. Term and Termination 2.1 Term This MA is effective as of the date of Customer's signature and will continue for a period of five (5) years. Customer may elect to continue its maintenance coverage for additional annual terms by paying to Accela the fees associated with such terms when these are due; said fees will be calculated as twenty percent (20 %) of the then - current list license fees. Should Customer fail to renew its maintenance coverage or pay the applicable fees, Accela reserves the right to withhold all support. If Customer resumes maintenance coverage after one or more periods without such coverage, Customer will pay an amount equivalent to one hundred ten percent (110 %) of all maintenance fees attributable to the period(s) without coverage, as such fees are calculated based upon pricing in effect at the time of resumption of maintenance coverage. 2.2 Termination Either party may terminate if the other party materially breaches this MA and, after receiving a written notice describing the circumstances of the default, fails to correct the breach within thirty (30) calendar days. Upon any termination or expiration of this MA, all rights granted to Customer are cancelled and revert to Accela. Notwithstanding the foregoing, Customer shall have the right to terminate this Agreement for convenience upon sixty (60) days written notice to Accela. In addition, Customer shall have the right to terminate this Agreement if insufficient funds are appropriated to satisfy Customer's financial obligations under this Agreement. Such termination for non - appropriation of funds shall be effective on the last day of Customer's fiscal year for which funds have been appropriated, at no penalty to Customer. 3. Scope of Maintenance 3.1 Maintenance Services 3.1.1 Telephone Support Accela will provide Customer with a telephone number to contact the Customer Resource Center (CRC), Accela's live technical support facility, which is available from 4:00 a.m. until 6:00 p.m. Pacific time Monday through Friday, excluding Accela's observed holidays, a list of which shall be provided to Customer upon request. 3.1.2 E -Mail Support Accela will provide Customer with one or more electronic mail addresses to which Customer may submit routine or non - critical support Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 22 of 31 requests, which Accela will address during its regular business hours. Accela shall respond to all email support requests within one (1) business day of such request. CRC support hours are 4:00 a.m. to 6:00 p.m. Pacific time Monday through Friday, excluding Accela's observed holidays, a list of which shall be provided to Customer upon request. 3.1.3 Online Support Accela will provide Customer with access to archived software updates and other technical information in Accela's online support databases, which are continuously available. 3.1.4 Remote Support When required to properly resolve a maintenance request, Accela will provide remote assistance to Customer via the WebExTM Meeting Center TM environment or another mutually - acceptable remote communications method. 3.1.5 On -Site Support If Customer does not wish for Accela to resolve its maintenance requests remotely, Accela will provide on -site assistance to Customer at Accela's then - current time - and - materials rates. In addition to these charges, Customer will compensate Accela for associated airfare, lodging, rental transportation, meals, and other incidental expenses as such expenses accrue. 3.1.6 Software Updates Accela will provide revisions of and enhancements to maintained software products to Customer as such updates are generally - released by Accela. Accela hereby warrants that it shall have the right to provide such software updates to Customer and that no such updates will infringe on third party proprietary rights or rights in intellectual property. Such updates shall be provided subject to the non - infringement warranty in Section 8 of the Agreement. Software updates will be delivered or made available to Customer for electronic download from Accela's File Transfer Protocol ( "FTP ") site. 3.2 Maintenance Limitations 3.2.1 Limitations Generally The following are not covered by this MA, but may be separately available at rates and on terms which may vary from those described herein: a) Services required due to misuse of the Accela- maintained software products; b) Services required due to software corrections, customizations, or modifications not developed or authorized by Accela; c) Services required by Customer to be performed by Accela outside of Accela's usual working hours; d) Services required due to external factors including, but not necessarily limited to, Customer's use of software or hardware not authorized by Accela; e) Services required to resolve or work - around conditions which cannot be reproduced in Accela's support environment; f) Services which relate to tasks other than maintenance of Customer's existing implementation and configuration of the Accela- maintained Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 23 of 31 software products including, but not necessarily limited to, enhancing or adapting such products for specific operating environments, g) Services requested by Customer to implement software updates provided by Accela pursuant to this MA; and h) New or additional applications, or functionality released by Accela during the term of the MA, unless said new or additional items comprise changes, upgrades or fixes to Accela software products then - licensed by the City 3.2.2 Legacy Releases Accela will provide maintenance support for the current release of each of its maintained software applications and for the release immediately preceding such current release. All other releases are deemed to be "Legacy Releases ". Accela will respond to maintenance requests concerning Legacy Releases only using currently - available information. Services requiring additional research, engineering -level support, or coding or programming by Accela will not be provided pursuant to this MA, but may be separately available at rates and on terms which may vary from those described herein. 3.3 Warranty Accela will commence and complete the maintenance obligations described in this MA in a good and workmanlike manner, consistent with the practices and standards of care generally- accepted within and expected of Accela's industry, to ensure that the operation of the maintained software products does not materially differ from documented specifications. Accela may make repeated efforts within a reasonable time period to resolve maintenance requests. When a maintenance request cannot be resolved, Customer's exclusive remedy will be damages in an amount equal to the total of maintenance fees paid to Accela for the defective or non - conforming software products for the twelve (12) calendar months immediately preceding Customer's maintenance request. 3.4 Compensation 3.4.1 Maintenance Fees In exchange for the Maintenance Services described hereinabove, Customer will pay to Accela the amounts indicated in Exhibit B -1. 3.4.2 Payment Terms Amounts are quoted in United States dollars and do not include applicable taxes, if any. Customer will be responsible for payment of all federal, state or provincial, and local taxes and duties, except those based on Accela's income. If Customer is exempt from certain taxes, Customer will provide Accela with an appropriate certificate of exemption. Customer will be invoiced for all amounts upon occurrence of the billing events described in Exhibit B -1. The payment terms of all invoices are net thirty (30) calendar days from the dates of the invoices. Accela may, at its sole discretion, suspend its obligations hereunder without penalty until payments for all past -due billings have been paid in full by Customer. Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 24 of 31 4. Confidentiality 4.1 Definitions "Disclosing Party" and "Recipient" refer respectively to the party which discloses information and the party to which information is disclosed in a given exchange. Either Accela or Customer may be deemed Disclosing Party or Recipient depending on the circumstances of a particular communication or transfer of information. "Confidential Information" means all disclosed information relating in whole or in part to non - public data, proprietary data compilations, computer source codes, compiled or object codes, scripted programming statements, byte codes, or data codes, entity - relation or workflow diagrams, financial records or information, client records or information, organizational or personnel information, business plans, or works -in- progress, even where such works, when completed, would not necessarily comprise Confidential Information. The foregoing listing is not intended by the Parties to be comprehensive, and any information which Disclosing Party marks or otherwise designates as "Confidential" or "Proprietary" will be deemed and treated as Confidential Information. Information which qualifies as "Confidential Information" may be presented to Recipient in oral, written, graphic, and /or machine - readable formats. Regardless of presentation format, such information will be deemed and treated as Confidential Information. Notwithstanding, the following specific classes of information are not "Confidential Information" within the meaning of this Section: a) information which is in Recipient's possession prior to disclosure by Disclosing Party; b) information which is available to Recipient from a third party without violation of this MA or Disclosing Party's intellectual property rights; c) information disclosed pursuant to Subsection 4.4 below; d) information which is in the public domain at the time of disclosure by Disclosing Party, or which enters the public domain from a source other than Recipient after disclosure by Disclosing Party; e) information which is subpoenaed by governmental or judicial authority; and f) information subject to disclosure pursuant to a state's public records laws. 4.2 Confidentiality Term The obligations described in this Section commence on the Effective Date and will continue until two (2) years following any termination or expiration of this MA ( "Confidentiality Term "). 4.3 Confidentiality Obligations During the Confidentiality Term, Recipient will protect the confidentiality of Confidential Information using the same degree of care that it uses to protect its own information of similar importance, but will in any case use no less than a reasonable degree of care to protect Confidential Information. Recipient will not directly or indirectly disclose Confidential Information or any part thereof to any third party without Disclosing Party's advance express written authorization to do so. Recipient may disclose Confidential Information only to its employees or agents under its control and direction in the normal course of its business and only on a need -to -know basis. In responding to a request for Confidential Information, Recipient will cooperate with Disclosing Party, in a timely fashion and in a manner not inconsistent with applicable laws, to protect the Confidential Information to the fullest extent possible. Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 25 of 31 4.4 Publicity During the term of this MA, including the term of any amendment hereto, Accela may publicly disclose its ongoing business relationship with Customer. Such disclosures may indicate Customer's identity and the Accela product(s) and services provided or contracted to be provided to Customer. These disclosures may include press releases or other communications to media, display on Accela web sites, or use in other marketing activities, but will not include non - public information or indicate Customer's express endorsement of Accela's products or services without Customer's prior written authorization. 5. Other Terms and Conditions 5.1 Customer Obligations As required, Customer will provide Accela with appropriate access to Customer's facilities, data systems, and other resources. If Security restrictions impair such access, Customer acknowledges that some maintenance services hereunder may not be provided to Customer. It is Customer's sole responsibility to maintain current backup copies of its data and of its implementation of Accela's software products. If Customer's failure to create proper backups substantially increases the difficulties of any remedial actions by Accela hereunder, Accela reserves the right to charge Customer for any extra work reasonably - attributable to such increased difficulty, as calculated at Accela's then - current time - and- materials rates. 5.2 Proprietary Rights The remedial methods, software updates, and product information provided to Customer pursuant to this MA are protected under the laws of the United States and the individual states and by international treaty provisions. Accela retains full ownership in such items and grants to Customer a limited, nonexclusive, nontransferable license to use the items, subject to the terms and conditions of this MA and other agreements between Accela and Customer. 5.3 Limitation of Liability Accela provides no warranty whatsoever for any third -party hardware or software products. Third -party applications which utilize or rely upon the Application Services may be adversely affected by remedial or other actions performed pursuant to this MA; Accela bears no liability for and has no obligation to remedy such effects. Except as set forth herein, Accela provides all Maintenance Services "as is" without express or implied warranty of any kind regarding the character, function, capabilities, or appropriateness of such services or deliverables. To the extent not offset by its insurance coverage and to the maximum extent permitted by applicable laws, in no event will Accela's cumulative liability for any incidental, special, compensatory, or punitive damages whatsoever suffered by Customer or any other person or entity exceed the total fees paid to Accela by Customer during the term of this Agreement, even if Accela or its agents have been advised of the possibility of such damages. 5.4 Force Maieure If either party is delayed in its performance of any obligation under this MA due to causes or effects beyond its control, that party shall not be held responsible for any damages resulting from the delay. That party shall also give timely notice to the other party and will act in good faith to resume performance as soon as practicable. Exhibit / Attachment Accela, Inc. / City of Fort Worth, planning & Development Department. Software and Implementation Services Agreement Page 26 of 31 5.5 Assignment Accela may assign its rights and obligations hereunder for purposes of financing or pursuant to corporate transactions involving the sale of all or substantially all of its stock or assets. Accela will provide advance written notice of any such assignment to Customer thirty (30) calendar days prior to such assignment. Accela may subcontract with qualified third parties to provide portions of the Maintenance Services described hereinabove. 5.6 Survival The following provisions will survive the termination or expiration of this MA, Section 2.1, as to Customer's obligation to pay any fees associated with a lapse in maintenance coverage upon resumption of such coverage; Section 3.3, as to limitation of remedy; Section 3.4 and all subsections thereof, as to Customer's obligation to pay any fees accrued or due at the time of termination or expiration; Section 4 and all subsections thereof; and Section 5 and all subsections thereof with the exceptions of Subsections 5.1 and 5.4. 5.7 Alternate Terms Disclaimed The parties expressly disclaim any alternate terms and conditions accompanying drafts and /or purchase orders issued by Customer. 5.8 Severability and Amendment If any particular provision of this MA is determined to be invalid or unenforceable, that determination will not affect the other provisions of this MA, which will be construed in all respects as if the invalid or unenforceable provision were omitted. No extension, modification, or amendment of this MA will be effective unless it is described in writing and signed by the Parties. 5.9 Applicable Law / Dispute Resolution This Agreement shall be governed by the laws of the state of Texas. Venue for any action arising hereunder shall be in the state or district courts of Tarrant County, Texas. Any disputes arising under this Agreement shall be governed by Section 30 of the Professional Services Agreement to which this LA is attached. 5.10 Incident Resolution The attached Maintenance Incident Addendum shall govern incident priority and resolution response times. Maintenance Incident Addendum and Attachment B -1 Follow. END OF DOCUMENT Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 27 of 31 Maintenance Incident Addendum Incident Handling - Accela will provide an incident handling mechanism for Customer maintenance requests. The incident handling process will include the following: 1.1 Ability to call, e-mail or use an Accela provided online tracking system. 1.2 All incidents will be recorded into the tracking system. 1.3 Customer will receive an e-mail with your case number. 1.4 Customer Priority and Severity will be determined by the problem based upon the definition in Section 3. 1.5 Designate contacts that will interface with the Customer Resource Center 2 On Line Self Support - Accela will provide to Customer at no expense an online Knowledge Base and Online Self Support Site where Customer can research issues and questions, report maintenance incidents and download patches and other fixes. 3 Case Handling — Case Handling defines the priority assigned to a specific maintenance request which therefore sets the order, timing and level of effort in resolving a case. 3.1 Critical Severity 3.1.1 Definition — System or application is non - functional or seriously affected and there is no reasonable workaround available, for example, business is halted. 3.1.2 Response Time — Accela will respond with confirmation of receipt of incident with 1 business hour for 100% of all Critical Severity incidents when the Critical Incident is phoned into the Customer Resource Center. 3.1.3 Resolution Time — Upon confirmation of receipt, Accela begins continuous work on the problem and will put forth the effort to provide a workaround, fix, or estimated completion date within 48 hours after the problem has been diagnosed and /or replicated, or provided there is an agency representative available to assist with issue diagnosis and testing during the resolution process for 100% of all Critical Severity incidents. 3.2 High Severity 3.2.1 Definition — System or application is affected and there is no workaround available or the workaround is impractical, for example, Customer cannot process payments or system response time is very slow. 3.2.2 Response Time — Accela will respond with confirmation of receipt of incident within 4 business hours for 80% of all High Severity incidents. 3.2.3 Resolution Time — Upon confirmation of receipt of incident, Accela will put forth the best effort to provide a workaround or fix or estimated completion date within 7 business days after the problem has been diagnosed and /or replicated for 80% of all High Severity incidents. 3.3 Moderate Severity 3.3.1 Definition — System or application feature is non - functional and a convenient workaround exists, for example, non - critical feature is unavailable or requires additional user intervention. 3.3.2 Response Time — Accela will respond with confirmation of receipt of incident within 8 business hours for 80% of all Moderate Severity incidents. 3.3.3 Resolution Time — Accela will put forth the best effort to provide a workaround or fix or estimated completion date within 14 business days after the problem has been diagnosed and /or replicated for 80% of all Moderate Severity incidents. 3.4 Low Severity Exhibit / Attachment Accela, Inc. / City of Fort Worth, planning & Development Department. Software and Implementation Services Agreement Page 28 of 31 3.4.1 Definition - System or application feature works, but there is a minor problem, for example, a field is mislabeled or a help file is missing. 3.4.2 Response Time - Accela will respond with confirmation of receipt of incident within 24 business hours for 80% of all Low Severity incidents. 3.4.3 Resolution Time - Resolution for the issue may be released as a patch set or be incorporated into a future release of the product for 80% of all Low Severity incidents. 4 Reporting and Reconciliation - Accela will provide Customer a quarterly report outlining Response time and Resolution Time for each Incident reported by the Customer. 4.1 Remediation - The Accela Customer Relationship Manager and the Customer Project Manager will review the Response and Resolution Time reports on a regular basis. Contact Product Support by Phone or E -mail Hours: M - F 4:00 AM - 6:00 PM Pacific Time Phone: (888) 722 -2352, ext. 5 Fax: (559) 627 -0660 E -mail: support�D_accela.com Escalation CRC has escalation points in - Engineering - Data Conversions - Services - Account Management Escalation to CRC Management - Chris Alderson - 559 - 627 -1959 X132 - calderson(cDaccela. com Escalation to Accela Management - Eddie Ausherman - 559 - 627 -1959 x1 15 eausherman(a)-accela. com Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 29 of 31 ATTACHMENT B -1 MAINTENANCE PAYMENT SCHEDULE Deliverables Fees First -Term Annual Maintenance for Accela Automations Land Management Site License $150,000.00 55% Customer Discount on Land Management Maintenance Fees $82,500.00 First -Term Annual Maintenance for Accela Automation® Licensing and Case Management (1 Server and 20 Named Users $17,596.00 First -Term Annual Maintenance for Accela Citizen AccessTM (1 Server and 2 Modules Based Upon 746,000 Population) $16,997.00 First -Term Annual Maintenance for Accela Mobile Office TM 5 Named Users $2,199.00 First -Term Annual Maintenance for Accela GISTM Site License $30,000.00 50% Customer Discount on Accela GIS $15,000.00 Total of Fees $119,292.00 GIS Credit (4,835.00)1 Fees Due Upon Signing $114,457.00 2 Second -Term Annual Maintenance for Accela Automation Land Management Site License $70,875.00 Second -Term Annual Maintenance for Accela Automation Licensing and Case Management 1 Server and 20 Named Users $18,475.80 Second -Term Annual Maintenance for Accela Citizen Access (1 Server and 2 Modules Based Upon 746,000 Population) $17,846.85 Second -Term Annual Maintenance for Accela Mobile Office 45 Named Users $19,900.95 Second -Term Annual Maintenance for Accela GIS Site License $15,750.00 Total of Second -Term Fees $142,848.603,4 Third -Term Annual Maintenance for Accela Automation Land Management Site License $74,418.75 Third -Term Annual Maintenance for Accela Automation Licensing and Case Management (1 Server and 20 Named Users $19,399.59 Third -Term Annual Maintenance for Accela Citizen Access (1 Server and 2 Modules Based Upon 746,000 Population) $18,739.19 Third -Term Annual Maintenance for Accela Mobile Office 45 Named Users $20,896.00 Third -Term Annual Maintenance for Accela GIS Site License $16,537.50 Total of Third -Term Fees $149,991.03 3,4 Fourth -Term Annual Maintenance for Accela Automation Land Management Site License $78,139.69 Fourth -Term Annual Maintenance for Accela Automation Licensing and Case Management 1 Server and 20 Named Users $20,369.57 Fourth -Term Annual Maintenance for Accela Citizen Access (1 Server and 2 Modules Based Upon 746,000 Population) $19,676.15 Fourth -Term Annual Maintenance for Accela Mobile Office 45 Named Users $21,940.80 Fourth -Term Annual Maintenance for Accela GIS Site License $17,364.38 Total of Fourth -Term Fees $157,490.593,4 Fifth -Term Annual Maintenance for Accela Automation Land Management Site License $82,046.67 Fifth -Term Annual Maintenance for Accela Automation Licensing and Case Management (1 Server and 20 Named Users $21,388.05 Fifth -Term Annual Maintenance for Accela Citizen Access (1 Server and 2 Modules Based Upon 746,000 Population) $20,659.96 Fifth -Term Annual Maintenance for Accela Mobile Office 45 Named Users $23,037.84 Fifth -Term Annual Maintenance for Accela GIS Site License $18,232.60 Total of Fifth -Term Fees $165,365.12'4 Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 30 of 31 1 A one -time credit of $4,835.00 against first year maintenance fees for Accela GIS will be applied to Total of Fees. 2 First -Term Annual Maintenance Fees are fixed -price deliverables for which full payment is due upon signing. 3 Second -Term Annual Maintenance fees are due on the first anniversary of the Effective Date; each additional term Annual Maintenance is due on the subsequent anniversary date. 4 Beginning with the Second -Term, maintenance for 40 additional named user licenses of Accela Mobile Office have been added as the City of Fort Worth plans to purchase these licenses at the beginning of this second term. Should the City of Fort Worth not purchase these licenses, the maintenance will be reduced by $17,592 the second year and this amount plus the compounded 5% increase on this amount each subsequent year. END OF DOCUMENT Exhibit / Attachment Accela, Inc. / City of Fort Worth, Planning & Development Department. Software and Implementation Services Agreement Page 31 of 31 M &C Review CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 1/31/2012 Page 1 of 2 �)ffir ial site of the City of Fort Worth, texas FORT WORTH DATE: 1/31/2012 REFERENCE NO.: * *C -25422 LOG NAME: 062030 PERMITTING SYSTEM CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize a Sole Source Contract with Accela, Inc., for the Purchase of Automation Permitting System Software and Implementation, Training and Maintenance Services for the Planning and Development Department in the Amount of $633,820.00 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize a Sole Source Contract with Accela, Inc., for the purchase of Automation Permitting System Software and implementation, training and maintenance services for the Planning and Development Department in the amount of $633,820.00. DISCUSSION: The contract recommended by this Mayor and Council Communication for the purchase of software and implementation, training, and maintenance services for a new parcel based permitting system, Automation. This software and associated services would provide a needed upgrade to the permitting system currently in use by the City of Fort Worth and approved by M &C P -8728 on November 17, 1998. The current permitting system, Permits Plus, was implemented in 2001, and is at the end of its functional life. It was designed on a technology which is no longer available or supported. Since the implementation of Permits Plus, newer technologies and functions have been introduced into permitting software. Some of Automation's upgraded features are electronic plan review capabilities, a built -in workflow system to reduce the time permits are held before issuance, online permitting capabilities allowing customers to apply for projects via the internet and improved mobile office solutions which will reduce field Staffs downtime and facilitate expedited record data entry and updating. The permit system acts as the City's central repository for data related to development activities (construction permits, zoning and board of adjustment cases, annexations, building plan examinations, and inspection results), and is utilized by many other City departments such as Water, Transportation and Public Works (TPW), Housing and Economic Development, Police, Fire, Code Compliance, and Parks and Community Services. In addition to Automation, Accela, Inc., is also the vendor for the recently acquired Work Order Asset Management System used by TPW /Storm Water and presents an opportunity for collaboration, system consolidation and cost savings /sharing. Accela Automation is the only web -based upgrade for Accela Permits Plus. Accela is the sole source provider of all software licenses, maintenance and support for Accela Automation and Accela Permits Plus. The Services Agreement shall be effective on February 1, 2012 and shall expire on May 1, 2013. PRICE ANALYSIS — Accela, Inc., has proposed a cost of $633,820.00 to include all software, http: // apps. cfwnet. org /council _packet /mc_review.asp ?ID =16403 &councildate =1 /31 /2012 2/6/2012 M &C Review training, travel, implementation and other related tasks required for the completion of the upgrade. City Staff has reviewed this price and determined it to be fair and reasonable for the scope of services proposed. RENEWAL OPTIONS — The Support Agreement may be renewed for up to four additional one -year terms by Mutual Agreement of the parties. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. The pricing of each of these four years will increase by five percent per year and will be charged as follows: First Renewal - $142,848.60, Second Renewal - $149,991.03, Third Renewal - $157,490.59, Fourth Renewal - $165,365.12. M/WBE — A waiver of the goal of M/WBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office because the purchase of goods and services is from sources where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that the funds are available in the current operating budget, as appropriated, of the General Fund. TO Fund /Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS FROM Fund /Account/Centers GG01 541320 0062030 $633,820.00 Fernando Costa (6122) Randle Harwood (6101) Clint Mills (2303) Page 2 of 2 http: // apps. cfwnet. org /council _packet /mc_review.asp ?ID =16403 &councildate =1 /31 /2012 2/6/2012