HomeMy WebLinkAboutContract 55299 02/15/2021 City Secretary Contract No. 55299
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VENDOR SERVICES AGREEMENT
This Vendor Services Agreement("Agreement")is made and entered into by and between the City
of Fort Worth("City"),a Texas home rule municipal corporation,acting by and through its duly authorized
Assistant City Manager, and [s]Cube Inc. ("Vendor"), a New York, S Corporation and acting by and
through Haileab Samuel its duly authorized representative, each individually referred to as a"party" and
collectively referred to as the"parties."
1. Scope of Services.Consultant hereby agrees,with good faith and due diligence,to provide
the city with hourly system support and maintenance for issues and tasks that are identified and/or
prioritized by City personnel.("Services"),which are set forth in more detail in Exhibit"A,"attached hereto
and incorporated herein for all purposes.
2. Term. This Agreement begins on the date signed by the Assistant City Manager below
("Effective Date") and expires on September 30, 2021 ("Expiration Date"), unless terminated earlier in
accordance with this Agreement("Initial Term").
3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement,
including Exhibit `B," which is attached hereto and incorporated herein for all purposes. Total
compensation under this Agreement will not exceed Nienty One Thousand Dollars($91,000.00).Vendor
will not perform any additional services or bill for expenses incurred for City not specified by this
Agreement unless City requests and approves in writing the additional costs for such services.City will not
be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves
such expenses in writing.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder,City will notify Vendor
of such occurrence and this Agreement will terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever,except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
OFFICIAL RECORD
Vendor Services Agreement
CITY SECRETARY
FT. WORTH, TX
has received access to City Information or data as a requirement to perform services hereunder,
Vendor will return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts.Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this
Agreement,Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information.Vendor,for itself and its officers,agents and employees,
agrees that it will treat all information provided to it by City("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act.In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor.It will be the responsibility of Vendor to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access.Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised,in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Right to Audit. Vendor agrees that City will,until the expiration of three (3)years after
final payment under this Agreement,or the final conclusion of any audit commenced during the said three
years,have access to and the right to examine at reasonable times any directly pertinent books,documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City,its officers,agents,servants and employees,and Vendor,its officers,agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
Vendor Services Agreement Page 2 of 22
understood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City.Vendor will 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,contractors,or contractors.
8. Liability and Indemnification.
8.1 LIABILITY- VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS(INCL UDINGALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS OFFICERS,
AGENTS,SERVANTS,EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS:
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement,it being understood that this agreement to defend, settle or pay will not apply if
City modifies or misuses the software and/or documentation. So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor will have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City will have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate
with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City will have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however,Vendor will fully participate and cooperate
with City in defense of such claim or action.City agrees to give Vendor timely written notice
of any such claim or action, with copies of all papers City may receive relating thereto.
Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not
eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or
documentation or any part thereof is held to infringe and the use thereof is enjoined or
restrained or, if as a result of a settlement or compromise, such use is materially adversely
restricted,Vendor will, at its own expense and as City's sole remedy, either: (a) procure for
Vendor Services Agreement Page 3 of 22
City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non-infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible,and functionally equivalent non-infringing software and/or documentation at no
additional charge to City; or(d)if none of the foregoing alternatives is reasonably available
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
9.2 Subcontract. If City grants consent to a subcontract,the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle"will be any vehicle owned,hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are being performed
Employers' liability
Vendor Services Agreement Page 4 of 22
$100,000- Bodily Injury by accident; each accident/occurrence
$100,000- Bodily Injury by disease; each employee
$500,000- Bodily Injury by disease;policy limit
(d) Professional Liability(Errors&Omissions):
$1,000,000- Each Claim Limit
$1,000,000- Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims-made,and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees,officers,officials,agents,and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery)in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City.Ten (10) days' notice will be
acceptable in the event of non-payment of premium.Notice must be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas.All insurers must have a minimum rating of A-VII
in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws,Ordinances,Rules and ReEulations. Vendor 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 City notifies
Vendor Services Agreement Page 5 of 22
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors,subcontractors,and successors in interest,as part of the consideration herein,agrees that in the
performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or(3)received by the other party by United States Mail,registered,return receipt requested,
addressed as follows:
To CITY: To VENDOR:
City of Fort Worth SCUBE INC
Attn: Assistant City Manager Attn: Haileab Samuel,CEO
200 Texas Street 1462 Erie Blvd
Fort Worth,TX 76102-6314 Schenectady,NY 12309
Facsimile: (817)392-8654 Facsimile: N/A
With copy to Fort Worth City Attorney's Office at
same address
14. Solicitation of Employees. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination,solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governine Law/Venue. This Agreement will 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 will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas,Fort Worth Division.
Vendor Services Agreement Page 6 of 22
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 will not in any way be
affected or impaired.
19. Force Majeure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement,but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems;restraints or prohibitions by any court,board,department,commission,or agency
of the United States or of any States;civil disturbances;other national or regional emergencies;or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected(collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event,with the reasonableness of such notice to be determined by the City in its sole discretion.The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only,will not be deemed a part of this Agreement,and are not intended to define or limit the scope
of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A,B, and C.
22. Amendments/Modifications/Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes,be deemed an original,but all such counterparts will together constitute
one and the same instrument.
24. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty(30) days from the date that the services are completed. In such event, at Vendor's
option, Vendor will either(a) use commercially reasonable efforts to re-perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
25. Immigration Nationality Act. Vendor must verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form(I-9). Upon request by City, Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures
Vendor Services Agreement Page 7 of 22
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services.VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES,LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS.City,upon written notice to Vendor,will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
26. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers,procedures, guides, and documentation that are created,published, displayed, or produced in
conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City
will be the sole and exclusive owner of all copyright,patent,trademark,trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first).Each copyrightable aspect of the Work Product will be considered a"work-made-
for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product,or any part thereof,is not considered a"work-made-for-hire"within the meaning of the Copyright
Act of 1976, as amended,Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Work Product,and all copies thereof,and in and to the copyright,patent,trademark,trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim,lien for balance due,or rights of retention thereto on the part of City.
27. Signature Authority. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order,resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto,may be executed by any authorized representative of Vendor.Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Company Name or Ownership. Vendor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records.The president of Vendor or authorized official must sign the letter.A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
29. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"
and"company"has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement,Vendor certifies that Vendor's signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the Agreement.
30. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions
(e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via
Vendor Services Agreement Page 8 of 22
software such as Adobe Sign.
31. Entirety of Agreement. This Agreement contains the entire understanding and agreement
between City and Vendor,their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
(signature page follows)
Vendor Services Agreement Page 9 of 22
City Secretary Contract No.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
Dana Burghdoff responsible for the monitoring and administration of
eb 10,202119:36 CST) this contract,including ensuring all performance and
Dana Burg 13a
By. reporting requirements.
Name: Dana Burghdoff
Title: Assistant City Manager
Feb 10, 2021 Evar'G. Rvhe�-�
Date: ,20_ By: Evan C.Roberts(Feb 5,202110:47 CST)
Name: _Evan Roberts
APPROVAL RECOMMENDED: Title: Building Code Administrator
APPROVED AS TO FORM AND LEGALITY:
By: DJ Harrell(Feb10,202115:51 CST)
Name: D.J.Harrell t ��
Title: Director of the Development Services By: JB Strong(Feb 5,M2110:24 CST)
�vnnn
Department oa F�Rr���a Name: JB Strong
a °°°°°°°
Ay o°° °°�'pa Title: Assistant City Attorney
ATTEST: a°tig .0
w o% 011,
CONTRACT AUTHORIZATION:
*°°°°°°°°°° �p M&C:
nEao4 p Form 1295:
By:
Name: Mary J Kayser/Ronald Gonzales
Title: City Secretary/Assistant City Secretary
VENDOR:
SCUBE INC
By: Haileab Samuel(Feb 1,202111:43 EST)
Name: Haileab Samuel
Title: CEO
Feb 1' 2021 2021
Date:
OFFICIAL RECORD
CITY SECRETARY
Vendor Services Agreement
FT. WORTH, TX
EXHIBIT A
SCOPE OF SERVICES
rs �
E: u
L b eJ
Professional Services Proposal
For
City of Fort Worth, Texas
OR OR
Maintenance & Support of Accela Implementation
Prepared By:
[s]Cube INC
1462 Erie Boulevard
Schenectady, NY 12305
December 08, 2020
M Acceta
An Accela Gold Certified Professional Services Partner
Vendor Services Agreement Page 11 of 22
TABLE OF CONTENTS
Contents
TABLE OF CONTENTS....................................................................................................................................2
INTRODUCTION...........................................................................................................................................z
SCOPEOF WORK...........................................................................................................................................3
NOTIN SCOPE...............................................................................................................................................8
PROJECT OVERSIGHT....................................................................................................................................8
SERVICE LEVEL AGREEMENT..........................................................................................................................8
QUALIFICATIONS AND EXPERIENCE.............................................................................................................io
PRICING......................................................................................................................................................20
CONCLUSION...............................................................................................................................................11
ACCEPTANCE..............................................................................................................................................12
INTRODUCTION
[s]Cube Inc.("SCUBE")is pleased to submit this proposal offering Accela system support and
maintenance services to the City of Fort Worth,Texas.SCUBE will deliver these services by providing a
team of experienced Accela technical support resources with an extensive history of providing these
services to many other jurisdictions across the country.
[s]Cube Inc Proposal for Professional Services
for City of Fort Worth,Texas
Vendor Services Agreement Page 12 of 22
SCOPE OF WORK
In general,hourly system support and maintenance will be provided by SCUBE resources for issues and
tasks that are identified and/or prioritized by City personnel. Note that all support services will be
provided remotely using phone and web conferencing.
Per the City's direction,City staff can contact SCUBE to help troubleshoot and resolve any Accela product
related issues that they encounter, or to prioritize and request work on any of the "Recommended
Updates"listed below.
All work will be delivered on a simple hourly basis, logged, and tracked in SCUBE's issue and time
management system(Redmine)and billed monthly.
Note that SCUBE has already worked with City personnel to perform a needs assessment of the current
Accela system issues, at no charge. That needs assessment resulted in the list of "Recommended
Updates" in the chart below. At the City's request,these items can be included in the scope of this
proposal and addressed in priority order.
The following is a listing of these items,along with level of effort and estimated complexity:
Recommended Updates
# Section Concern Time Complexity Description/Request
Customer's
access(ACA)
Building Plans issues:prevent
16 medium
Exam out of Ability to prevent customers from
sequence uploading files until all departments
1 uploads have reviewed the last submittals.
Currently we are unable to change
permit types when the customer
Support Change Permit 120 complex applies for the incorrect permit
Services Types type,it would be useful if we could
change the permit to the correct
2 type.
Building Plans
Accela
Exam efficiency 80 medium Allow printing from within sets like
3 improvement: in Permits Plus.
Business
Support Waived fees 16 medium Waived fees should be visible from
4 Services the main fee screen.
[s]Cube Inc Proposal for Professional Services
for City of Fort Worth,Texas
Vendor Services Agreement Page 13 of 22
Because Accela did not have all the
required updates to work with II
PayPal which is required apparently
for ACA transactions we had to
contract with Telecheck to process
Dev ACH transactions our ACH transactions. I understand
Facilitation adapter in 40 medium that Accela is working on fixing this
Admin Accela but in the meantime,we must pay
a fee to TeleCheck and to
PayPal. The fee is nominal
compared to credit card fees,but it
is still a fee that we should not have
5 to pay.
Better relationship between
permits applied for on the same
development project both within
Development Permit Relation modules and across modules. It
Admin (whole process) 32 medium ,Mould be good to have permits
relate to each other automatically
and to have plats and CFA's tied to
6 building permits if they are related.
Currently we must void,invoice,
add,invoice,then void transactions
Support Ability to 40 complex in payments,then repay
Services recalculate fees transactions in payments instead of
processing new fees and charging
7 the difference.
Permit face,inspection card,etc....
Support Printing reports 24 medium for the entire set. Accela says we
Services from a set must write a script,but their own
g user guide says it can be done.
I I There used to be a copy button that
was supposed to allow you to copy
Support Copy function 0 low record data(conditions,fees,
Services documents,etc.). It is now gone,
but it never worked when it was
9 there.
When placing conditions in the
Mother permit,previously you
were able to place conditions on
the mother permit and they would
Zoning and copy over to all child permits in the
Design Permit Sets 24 medium same set. However,now the
Review system will not allow anything to be
done in the set,so you must
manually go into each permit and
place conditions. This may be due
10 to the upgrade.
[s]Cube Inc Proposal for Professional Services
for City of Fort Worth,Texas
Vendor Services Agreement Page 14 of 22
Customers not being able to see
Building Plans Customer's the attachments(docs)to permits
Exam access(ACA) 16 medium to download approved plans
issues: (happens randomly probably twice
11 a week).
When Fire opens after Building
Building Plans Workflow/ answers the workflow and enters
status 4 low the ASI information,a due date is
Exam improvement: not assigned to Fire and the task
12 does not show in Fire's task list.
Financial We should not have to go to
Business Screens multiple screens,and I would like to
Support 1 low see some safeguards for permits
Services developed for refunds that have not been"related"
13 properly.
Suite addressing to be more
prominent,or more easily input by
Development Suite the applicant. Perhaps addresses
Admin Addressing 24 complex that we know are divided that way
could be tagged as such somehow
and require a suite number before
14 moving forward.
Currently you can only see the
overall amount of what has been
Support Invoice fees in 24 medium invoiced compared to what should
Services a set be invoiced.You then must go into
each permit to try and find the
15 amount that has not been invoiced.
The possibility of a"refer to"
package to a mother permit that
Zoning and automatically populates the
Design Permit Sets 60 complex workflow into any other permit
Review (just like set),using a dropdown
box for"refer to&permit#"or
16 something to that affect.
There should be a standardized
format for naming Documents
uploaded by customers,and Accela
Standard should deny the upload if not
Zoning and named correctly. The customer can
Design Naming Format 32 high upload an incorrectly named
Review for Documents document and they do not realize
in Accela this until the plans examiner starts
the review process and is unable to
download the document. The
permit then must be placed on
17 Hold for the Document to be
[s]Cube Inc Proposal for Professional Services
for City of Fort Worth,Texas
Vendor Services Agreement Page 15 of 22
uploaded with correct naming
format. This significantly slows
down the review process for both
the customer and the plans
examiner.
Currently when you route a revision
for a set related to the mother
permit,it will open all workflows,
not just the department workflows
Zoning and that require corrections. You
Design Permit Sets 16 medium cannot manually select the
Review workflows that needs to be routed,
and then must go back into to each
permit individually to close
workflows that should not have
18 been opened.
Have the Buildings,Mechanical,
Electrical and Plumbing workflows
automatically approved when 3rd
party applies for permit,so that the
Plans Coordinator is not responsible
for answering the workflow tasks.
If there is not an ability to do this,
Zoning and 3rd Party then perhaps a dropdown box that
Design Permits 16 medium will approve all these workflows at
Review onetime. Because the 3rd Party
Company is responsible for the
review,the plans should be
approved at the time of submittal.
Therefore,there is no need to have
these workflows open and needing
to be answered by City of Fort
19 Worth staff very time consuming.
Zoning and Ability for Accela to distribute and
Design Permit Sets 16 medium apply conditions in sets,currently
20 Review doesn't work properly.
[s]Cube Inc Proposal for Professional Services
for City of Fort Worth,Texas
Vendor Services Agreement Page 16 of 22
Contact listed for comments is not
Building Plans Accela always correct.All persons listed
Exam efficiency 16 medium should receive email(owner and
improvement: not just contractor).This prevents
21 explaining a hold 2 or more times.
Include sub-addressing(?)
capabilities,so that if a permit is
Development Address originally pulled with a different
Admin Change 40 complex address,either For Review Only or
Tracking an incorrect city address that
history is not lost once the address
22 is corrected.
The ACA website does not allow
you to embed.pdf or.jpegs directly
Support Document to the site.You can only link to
Services Uploading 16 medium other sites with those images. It
would make things more user
friendly if the customer would stay
23 _ in one website for all their needs.
Need to be able to pull fee changes
from the system with dates and
amounts The development
committee wants to see a ten year
Business history of fees Accela allows you to
Support Fee reporting 16 medium version fee schedules Juliana-
Services would like this information as a
report,this is what Clinton is
working on currently If the fees
don't change,you don't have to
24 update the fee schedule.
Business Better fee Being able to see a true balance on
Support screens 1 low the fee screen without having to go
25 Services to multiple screens.
Custom Fields Very little information shows up on
Building on Summary 8 low plumbing permits on the summary
Inspections Page page. It has begun to migrate to
26 mechanical permits as well.
Note that the list above resulted from a needs assessment which SCUBE provided to the City by interviewing
personnel over a period of several weeks. The list is provided here as an estimate of the potential volume of
work that could be executed under this proposal. The estimated hours provided are just that: as work
progresses some issues may take slightly longer,and additional requirements may be discovered,while
others may take slightly less effort,or may not be necessary at all.
[s]Cube Inc Proposal for Professional Services
for City of Fort Worth,Texas
Vendor Services Agreement Page 17 of 22
NOT IN SCOPE
There have been a few issues identified with plan review usage of the Adobe tool. Some of the issues
may be resolved with training.However,it has been our experience that Adobe does not provide the full
functionality to allow for effective plan review.SCUBE recommends that the City research other products
for plan review such as Bluebeam and ePermitHub.
PROJECT OVERSIGHT
SCUBE will assign a Client Support Leader who will be responsible for ensuring that issues are addressed
within the agreed upon Service Level Agreements as well as assigning the appropriate team members to
address the various support requests.
Our Executives will be monitoring the project throughout, holding regular internal meetings with the
support team,as well as meetings with the County/City Executives to discuss timing, performance,and
budget issues.
Projects requests, decisions, issues, and resolutions are tracked in SCUBE's Project Tracking system,
Redmine.Your staff will have access to this system throughout the project to be able to review status
and decisions,and to monitor the hours spent working on any specific issue or in total.Your staff will
enter tickets in the system with issues and requested changes identified during User Acceptance Testing.
Final acceptance will be documented in this system as well.
SERVICE LEVEL AGREEMENT
We pride ourselves in client responsiveness and delivering quality results by fully immersing ourselves in
your business processes, tendencies,and intricacies. By directing our team to review and refine your
existing business processes,configuration,and automation,we will begin to understand your business
practices and regulations and ultimately begin to feel as if we are a part of your staff.
In the event you experience a product issue(s)that requires our attention,you would contact our client
support leader,who is focused on your support needs.Once the situation has been discussed,the client
support leader will identify the right resource(s)from the dedicated team dispatched for resolution.As
the team works through the issue,the client support manager will keep you informed of status,and at
times may come back to you/your team for additional information to be used for resolution.
Minimizing the impact of any issue to you and your constituents is our goal.Our team will work with you
to understand the problem, classify the issue into one of our mutually agreed to Service Level Goals,
prioritize its resolution,and provide informative status updates along the way.
[s]Cube Inc Proposal for Professional Services
for City of Fort Worth,Texas
Vendor Services Agreement Page 18 of 22
The following table provides the service level agreements that we will adhered to while providing Accela
support services:
Table 1-jsjCube Service Level Goals
Classification Description/Example Service Level Goal
Critical Issues identified within this group are catastrophic to the business and the Response—1Hour
performance of the system and should be dealt with immediately to
continue providing services to constituents.This classification assumesthat
the system is off Iine and not functioning.
Resolution or Accepted
Temporary
Workaround-24 Hours
Ex.Unable to connect to the application,unable to authenticate to the
application
Update Requests-2
Hours
Major Issues identified within this group undermine the ability for constituents or Response—4Hours
Department personnel to perform transactions in the application.
Resolution or Accepted
Ex.Unable to process payments,unable to advance workflow Temporary
Workaround-72 Hours
Update Requests-2
Hours
Normal Issues identified within this group are typically those that has an acceptable Response—8 Hours
workaround in place or that do not have a direct impact on the ability to
complete transactions.
Resolution or Accepted
Temporary
Ex.Unable to produce report Workaround-2 Weeks
Update Requests—24
Hours
Minor Issues identified within this group are nuisances or cosmetic typically.They Response—1Day
have no impact on the ability to complete transactions.
Resolution or Accepted
Ex.Instructional text updates Temporary
Workaround-1 Month
Update Requests—24
Hours
Note that while SCBUE will make every effort to fully meet the Service Level goals above,some issues may
be out of SCUBE's direct control and will require other resources to be engaged for resolution(e.g.;Accela,
or City IT personnel).
[s]Cube Inc Proposal for Professional Services
for City of Fort Worth,Texas
Vendor Services Agreement Page 19 of 22
QUALIFICATIONS AND EXPERIENCE
SCUBE has made a significant impact as an Accela Partner,playing a part in many key implementations
across the country.
We are an Accela Gold Certified Professional Services Partner,with an extensive history implementing
Accela and qualified to Prime Accela projects.
Our Accela Consultants are all Accela Bronze Certified Implementation Consultants,and a number are
former Accela employees.
We have worked with over 50 clients implementing Accela, providing us with extensive knowledge of
best practices in its configuration. We are skilled in the functional side of projects,helping you optimize
your business processes to take advantage of the new capabilities of Accela,and configuration of the
system. We are also skilled in the technical aspects of Accela projects including the development of
interfaces,payment adapters,scripts,and reports,as well as data migrations,installations,and technical
support.
PRICING
Following are the annual estimated costs to provide maintenance and support for the City's Accela
Implementation:
T&M Support Hours(Estimated $140 per hour* $91,000
600 hours annually)
*ESTIMATED ANNUAL TOTAL $91,000
RL
• Due to the financial impact of the Covid19 pandemic,SCUBE is providing the City a
discounted hourly rate.Our hourly rate until 12/31/2021 will be$140 per hour.The hourly
rate will return to$150 per hour on 01/01/2022.
[s]Cube Inc Proposal for Professional Services
for City of Fort Worth,Texas
Vendor Services Agreement Page 20 of 22
0 Support services billed on T&M basis @$140 per hour.Current estimate based on 50 hours per
month/600 hours per year.
0 Maintenance and Support contract is an annual contract.The contract must be renewed each
year.
0 SCUBE will not invoice the City beyond the estimated annual contract value of$91,000 without
written approval and agreement from the city.
0 Travel is not included in this proposal. If travel is requested,costs will be covered by the City,
and will be fully approved by City personnel before they are incurred.
19 SCUBE will invoice the City monthly with payment for services due within 30 days(NET30).
CONCLUSION
If you would like to pursue this proposal for Accela support services,please sign the Acceptance section
below and return to us for countersignature.
Your main point of contact for this proposal is:
Adam Bell,Chief Operations Officer
518-860-8732, EtueesaEerprise.cor-
Thank you for your consideration. We look forward to providing long term support of your
implementation of Accela.
Haileab Samuel,CEO
4('�-71XjerJj2 -11
877-437-2823 ext.1001
haileab.samuel(d)scubeenterprise.com
[s]Cube Inc Proposal for Professional Services
for City of Fort Worth,Texas
Vendor Services Agreement Page 21 of 22
EXHIBIT B
PAYMENT SCHEDULE
s[Cube] Inc.will invoice following completion of deliverables as described in Exhibit A Statement of
Work.
Vendor Services Agreement Page 22 of 22