HomeMy WebLinkAboutContract 31026-R1_� ~^
SKIRE HOSTING AGREEMENT
This Hosting Agreement "Agreement" is entered into between Skine. Inc. ("Skire") a Delaware
corporation with its principal place cf business at111 Independence Dr, Menlo Park, CA94025 and the City
of Fort Worth ("Customer" or ^Cih/^), a home n/|e municipal corporation in Tanant. Denton, and VVioo
counties Texas' and sets forth the terms and conditions under which Skine provides Hosting o[ and
Customer access to (via the |ntmrnet). the Applications licensed under the Software License and
Maintenance Agreement dated December 10. 2004. and identified as City Secretary Contract No. 31026
("SLM Agreement"), and any subsequent license agreements entered into between the parties,
1. RECITALS
A. Skinedevelopa. mainbsino, markob, supporte, and provides Hosting for its software Application,
Unifier. Hosting services are provided (for a fee) for customers that do not wish to host the Application
themselves. Customers utilizing Skine'a Hosting services aooemo and use the Unifier Application over the
B. The City of Fort Worth ina municipal government entity which seeks to use Unifier which the City
has licensed for separately via the SLK4 Agreemant, separate and apart from a Hosting agreement with
C. SWns has customized and configured Unifier to meet the needs of the City. It is the most recent of
this customized and configured version of Unifier that the City seeks to have Skire Host for its use under
this Agreement.
2. DEFINITIONS
A. "Application" shall mean the specific Skirm proprietary software app/icnUon(o) identified by name
in an Order Fnnn and as described in the documentation and any updates thereof and expressly
excludes any third party software or hendvvan* necessary to install, access, operate and or use SNre'u
B. ^HnmUnV^ shall mean inobaUing, oonMOuhng, maintaining and supporting the Unifier Application
and all necessary handwone, software and Customer Information to allow for the proper operation of the
Unifier Application and its availability on the Internet for use by the Customer consistent with the terms
and conditions of this agreement. In o hosting arrangement, the Customer is responsible for providing the
client computers, Internet browsers meeting Skine's then-current specifications and means of connecting
to the Internet in order togain access to and utilize the hosted Application.
C. "Customer Access" shall mean the connection to and use of the Application by Customer for use
by Named Users (as defined in the Order Form) via an Internet web browser meeting Skina'othen-current
specifications under the terms and conditions of this Hosting Agreement.
D. "Commercially Reasonable" shall mean all generally acceptable means of effort and performance
as dictated by industry standards for the type of work being performed. An it relates to communications,
"Commercially Reasonable" shall mean that all generally acceptable means of communication have been
utilized in attempting to notify the customer and/or obtain approval or agreement. Generally acceptable
means of communication shall include but not be limited to faoe'ho-fane, balephome, voice mai|, email,
postal mail and fax.
E. "Customer Information" shall mean without |imibyUon, any information, daha, fileo, images,
materials or documents that Customer submits to, places on, creates, or otherwise makes available on, the
Application. Customer will have and retain all ownership rights ho the Customer Information.
Skiro|uc._CF\YHosting Agreement
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F. "Update(s)" shall mean subsequent generally available neleomma, fixes and modifications of the
Application that Skinamakes at no additional charge, but shall not include any releases, options, modules
or future applications or functionality that Skire offers separately to customers other than the City.
G. "Service Provider(s)" shall mean any person or entity that in granted aooeom to Unifier by the City
for the purpose of conducting capital-project-related business with the City.
H. "Production" shall mean the Hosted environment for the Unifier application and all related
hardware, software and Customer Information necessary for the proper operation of Unifier for the City's
live business operations.
|. "Development" shall mean the Hosted environment for the Unifier application and all related
hardware, mo0mmnu and Customer Information necessary for the support of all development activities
related to the ouotnmizaUon and configuration o[ Unifier for the City.
J. "Test(ing)" shall mean the Hosted environment for the Unifier application and all related
hardware, software and Customer Information necessary for the support of all activities related to the
testing and validation of Unifier for the City, Customer and Skirmagree that Customer shall be permitted
to conduct non-intrusive performance tests (not load testing) that are pre-approved by Skira and follow
generally acceptable industry standards for performance testing of a commercially hosted software
system.
K. "Training" shall mean the Hosted environment for the Unifier application and all related hardware,
software and Customer Information necessary for the support of all activities related to the training of City
personnel in the proper use ofUnifier.
3. CUSTOMER ACCESS AND RESPONSIBILITIES
A. Access. As soon an practical after receipt o| payment cfthe 1st payment uf the Annual Hosting
Faa. Skim* shall provide the Hosted Application environment and ndab*d hosting services, as specified in
this Agreement, to oUovv Customer Access. In cases of contract extension or renewal, no disruption to
service or users will occur and, un|aua otherwise agreed to, all existing services will continue without
interruption.
Skire may ot its option make any Updates to the Application, and will use commercially reasonable efforts
bo notify Customer ot least two (2) weeks in advance of any Update. The notice of any Updates shall
include release notes and estimated impact o[ the Updmte(s)to the Customer's system if applicable. Such
Updates can be made without Customer's prior approval; however, planned system upgrades will not be
implemented during Customer's 8uoinaoo Hours (defined as Monday — Friday, 7:00 AM — 8:00 PM,
Central Standard Time, excluding City holidays or other days in which the City is closed for business). In
no oaoa shall Customer oomyoo the Application in violation of the Named User license granted to
Customer in the SLMAgneemanL
B. Data Entry. Customer is solely responsible for ensuring that the data entered into the Application
io accurate and reflects Customer's requirements. All data generated by and through Customer's Access
shall reside on Skire'a end/or Skire'o partners' uerver(s) and Skire shall have the right to use such
information for the purposes of this Hosting Agreement.
C, Equipment. Customer is au|e|y responsible [or. at Customer's own expenoa, all equiVmmnt,
facilities and services necessary to a00000 and use the Application, including without limitation computer
hondware, noftware, and broadband Internet access.
D Customer may grant access to parts of the Application to 3rd party entities for
purposes of this Hosting Agreement ("Service Provider(s)"). Customer is solely responsible for all uses of
the Application by Service Provider(s), Customer is solely responsible for ensuring that Service
Provider(s) use of Application is in full accordance with all the terms and conditions of this Hosting
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Agreement and only for use directly with Customer on Project as contemplated in this Hosting Agreement
E. Password Security. Customer shall ensure that only authorized individuals within Customer and
Service Provider(s) have aooeoo to any usennameo or passwords provided by Skims for use with
Application and shall not dioo|noe such uaernemen or passwords to any other individual. Customer shall
notify Skire immediately if the security or integrity of a username or password is compromised.
F. Compliance with Laws. Customer shall use the Application in compliance with all applicable laws,
stetubeo, rules and regulations governing this Agreement. Upon thirty (30) days written notice, Skire may
suspend Customer's Access to Application to comply with any law orregulation that prevents Skire from
performing its Hosting obligations under this Agreement.
4. HOSTING RESPONSIBILITIES
A. Skire will maintain and support the customized and configured version nf Unifier for the City inthe
same manner and under the same terms and conditions as a general release of the product,
B. Skire shall dep|oy. Hout, maintain and support the customized and configured version of Unifier
for the City treating all Customer Information and business seo as confidential. Release or
diso|nouna of public information shall only occur as specified |nV13). Any request for access to or
disclosure of information shall be referred to the City aothe information
C. Skire shall deploy, Hoat, maintain and support separate Application environments for development
(uDesigner). testing (uSta8e). training and production (Unifier).
O. Skire uhuU provide, at Skira'o nvvn mxpense, all necessary computer aen/em, related information
technology equipment and facilities necessary toHost the customized and configured version ofUnifier
and make it available and accessible via the Internet to the City. Skire shall Host the customized and
configured version of Unifier within the continental United States in o Hosting facility selected at Skire'a
sole discretion. No Customer Information shall be stored or processed outside of the continental United
States.
E. Skire shall Host the customized and configured version of Unifier in such awmy as to report on
and oegnngohn Customer specific information from all other customers. Skire ahnU supply the City with
its maxv data set format as requested and according to Skira'm professional services fees. Skire shall
store and maintain Customer Information in a secure manner and shall not allow unauthorized users to
access, modify` delete or otherwise corrupt Customer Information in anyway. Skire oho|| notify the City
immediately if the security or integrity of any Customer information has been compromised. The City
understands that the hosting services provided by Skire to the City are on shared servers with other
customers logically separated.
F. Skire shall back up all Customer Information on o daily basis such that it can be retrieved and
restored upon request by the City. Daily backups shall be maintained for 30 days.
Skim* shall provide sufficient computer servers and related information technology equipment tnensure
an acceptable level of service asdefined in the attached Service Level Agreement. Skire and the City
will confer monthly regarding Application porfVrmance, availability and other operational support
imuuem. Should the City require any additional consulting services related to Application performmnoe,
above any beyond two (2) hours per month. the City shall pay Skire's hourly rate of $200.00 per hour
for such additional services
G. Should Skire become insolvent or make any assignment for the benefit of creditors or similar
transfer evidencing inao|venoy. Skire oho|| immediately notify the City in vvrihng, and the City's
information and the current version of Unifier being utilized by the City shall be transferred to the City
without claim under Skire'ofinancial or legal position.
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H. Skire and Customer shall also agree on terms of applicable Service Level as set forth in the
Skire Service Level Agmyement, which is attached hereto as Exhibit "4^ and incorporated for all
purposes herein.
|. Skire shall also provide a Business Process Relationship Diagram (BPRD), TheBPRO shall
only beused for Customer internal purposns, and will only be disclosed to those Customer personnel
who have o need for the information. If Skire indicates the 8PRD is confidential or proprietary
information, Customer shall take all reasonable steps tuprotect Skire proprietary information using the
same degree of oano it would in protecting its own proprietary information. No Skim* proprietary or
confidential information shall be disclosed to o third party without Skinn's prior written apprnva|, except
in accordance with Section mrein.
5. FEES AND PAYMENT ^
A. fees. Customer shall pay Skire the Annual Hosting Fees on a quarterly basis aa set forth in the
Order Fonn, which is attached hereto and incorporated for all purposes incident to this Agreement. Each
subsequent Order Form shall be listed as Appendix 1. Appendix 2, Appendix 3 and so forth, and each
Order Form shall be attached and incorporated into the Agreement.
B. Payment Terms. For each Order Form. the 1st quarterly payment nfthe Annual Huahn8 Fee is
due and payable on the Effective Date as defined in Section 6; subsequent Annual Hosting Fee payments
are due and payable thereafter quarterly for the duration of each Term (as defined below). Payment terms
are due upon invoice date net thirty (3O)days. Customer may not begin utilizing Skire'o Hosting services
until the initial payment as agreed upon by the parties in received by Skire in accordance with the
applicable Order Form.
C. Taxes. Customer is a tax exempt entity; thmnefore. Customer shall not be liable for any taxes
under this Agreement.
G. SCHEDULED MAINTENANCE
Skire shall not perform scheduled downtime for scheduled upgrades and related activities during
Customer's normal Business Hours (Monday — Friday. 7:00 AM — 0:00 PyW, Central Standard Time,
excluding City holidays or other days in which the City is dnemd for business). Skire shall notify
Customer of scheduled dpvvndmwm at least 1 week in advance. All unscheduled and emergency
maintenance shall be communicated immediately to the City and iasubject to the terms and conditions of
the attached Service Level Agreement,
7. CUSTOMER INFORMATION
A. As between Customer and Skire, Customer will have and retain all ownership rights to the
Customer Information. Customer shall obtain any and all |icanono to, or releases of intellectual or
proprietary rights in or to the Customer Information bnfwna delivery to Application. To the best of
Customer's knowledge, Customer Information will not: (i) contain contents that are unlawful, harmful,
|ibe|puo, obauene, vin|ent, oconda|nun, or defamatory, (ii) contain viruses or other contaminating or
destructive features, or (iii) violate the rights of any third party, Notwithstanding the fnrngning. Customer
oho|| not be liable for any information delivered to the Application beyond Customer's reasonable care
and control. Subject to the terms and conditions of this Hosting Agreement, Customer hereby grants to
Skirao non-exduoivn, non -tranoferab|e.worldwide, and royalty-free license and right tnuse, raproducm,
copy, back-up, modify and transmit electronically or otherwise the Customer Information in vvhw|e or in
part for the purpose of performing its obligations under this Hosting Agreement. Skire will have and retain
all title and ownership of, and other rights in and to, the Application and Oooumentation, and all materials
utilized or developed by Skire in connection with this Hosting Agreement, other than Customer
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B Skire understands and acknowledges that Customer is a public entity under the laws of the State
of Texas, and as such, all information held by Customer or that Customer has a right of access to may be
subject to disclosure under the Texas Public Information Act. Any information designated as
^ConUdonUa|^or^Pvmpri0tary.^shall not bm open for public inspection ot any time, unless Customer is
required to make such documents available for release as e result of decision of the Texas Attorney
General pursuant to the Public Information Act, by other applicable law, or by court order.
8. TERM AND TERMINATION
A. Term. This Hosting Agreement shall commence nn the Effwndvw Date indicated in the attached
(}ndwr Form and aheU continue thereafter unless and until all Order Forms have been fully terminated in
accordance with the terms of this Hosting Agreement. The initial term of each Order Form commences on
the Effective Date of such Order Form and continues until the Initial Term End Date as defined in such
Order Form ("Initial Term"). Thereafter, each Order Form shall be renewed automatically for subsequent
Renewal Period terms as defined in such Order Form (each a "Renewal Term"), unless either party gives
notice of its intent to terminate no |ewm than 30 days prior to the end of the then-current term.
Notwithstanding the foregoing, this Agreement shall not extend beyond September 30, 2012. The Initial
Term and any subsequent Renewal Term(s) are collectively referred to herein as the "Term,"
B. Termination. The Customer may terminate this Agreement for nonveniwncm, with or without
cause, upon sixty (G0) days written notice to Skire. This Agreement may be terminated by either party
upon forty-five (45) days written notice if the other party shall be in breach or default of any material
provision of this Hosting Agreement; provided however that the breaching party may avoid termination i[
before the end of such 45 day period, the breaching party cures such breach. Upon termination for cause,
Skire shall provide a Reimbursement Credit as set forth in the applicable sections of the attached Service
Level Agreement. Any use of the Application by Customer or Service Provider(o) beyond the intended
use of this Hosting Agreement shall be deemed a mabohe| breach of this Hosting Agreement. Any
unrecoverable |000 or corruption of Customer Information by Skireaha|| be deemed o material breach of
this Hosting Agreement. Any unapproved disclosure of Customer Information or commingling of Customer
Information with the information of other customers shall be deemed o material breach of this Hosting
Agreement. The City understands that the hosting services provided bySkiretn the City are on shared
servers with other customers logically separated and such set-up shall not be deemed to be commingling
in interpreting the prior nantennm.
C. Effect. Upon any termination of this Hosting Agreement by Skire pursuant to Section G(B) of this
Hosting Agreement, or upon any termination by Customer other than o termination fnrSkina'n material
bnnach. Customer shall be liable for all fees due pursuant tothis Hosting Agreement, including a pro-rated
amount for the Annual Hosting Fees for the then-current Term for all Order Forms approved by Customer
up to the time of termination. Customer shall not be refunded any annual fees previously paid in the event
of termination for Customer's convenience. Provided that Customer has met all payment obligations
under this Hosting Agreement, upon termination of this Hosting Agreement, Skire oha||, within thirty (30)
calendar days of terminaUon, return all Customer Information to Customer, in a format that can he
imported in W1S SQL Server database, at no cost to the Customer. Skireoha|| also provide o Business
Process Relationship Oiogram(BPRD). The BPRD shall only be used for Customer internal purposes,
and will only be disclosed to those Customer personnel who have a need for the information. If Skirm
indicates the BPRO ia confidential or proprietary information, Customer shall take all reasonable steps tn
protect Skiro proprietary information using the same degree of care it would in protecting its own
proprietary information. No Skira proprietary or confidential information shall bac|ooed to e third party
without thout Skire'o prior written approva|, except in accordance with SeoUo��e_dW herein. The hm||ovving
provisions of this Hosting Agreement will survive any termination or expiration of this Hosting Agreement:
Sections 2, 3, Sand 10(o). WO*~
D. In the event nofunds or insufficient funds are appropriated by the
Customer in any fiuoa| period for any payments due hereundar. Customer will notify Skire of such
occurrence and this Agreement nho|| terminate on the last day of the fiscal period for which
mkimiuu._CM Hosting Agreement
appropriations were received without penalty or expense to the Customer of any kind whatsoever, except
as to the portions of the payments herein agreed upon for which funds have been appropriated.
9. RIGHT TO AUDIT
Skire agrees that the Customer shall, until the expiration of three (3) years after final payment under
this contract, have access to and the right to examine at reasonable times any directly pertinent books,
documents, papers and records of Skire involving transactions relating to this Agreement. Skire agrees
that the City shall have access during normal working hours to all necessary Skire facilities and pertinent
records 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 Skire reasonable advance notice of
intended audits.
10. LIABILITY/ INDEMNIFICATION.
A. SKIRE 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 SKIRE, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
B. SKIRE 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 FOR EITHER PROPERTY DAMAGE OR
LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO SKIRE'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 SKIRE, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
C. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO A THIRD PARTY FOR
ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST REVENUES OR LOST
DATA. NOTWITHSTANDING ANY OF THE FOREGOING, THE CUSTOMER IN NO WAY WAIVES ANY
RIGHTS TO LIMITATION OF LIABILITY THAT IT MAY HAVE PURSUANT TO THE TEXAS TORT
CLAIMS ACT.
D. SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION, SKIRE SHALL DEFEND
ANY THIRD PARTY CLAIM OR ACTION AGAINST CUSTOMER TO THE EXTENT SUCH SUIT OR
ACTION IS BASED ON A CLAIM THAT CUSTOMER'S PERMITTED USE OF THE APPLICATION
UNDER THIS AGREEMENT CONSTITUTES AN INFRINGEMENT OF US PATENT, TRADEMARK,
TRADE NAME, TRADE SECRET, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS,
AND SKIRE WILL PAY THOSE DAMAGES AND COSTS FINALLY AWARDED AGAINST CUSTOMER
IN ANY MONETARY SETTLEMENT OF SUCH SUIT OR ACTION WHICH ARE SPECIFICALLY
ATTRIBUTABLE TO SUCH CLAIM. SKIRE'S INDEMNITY OBLIGATIONS ARE CONTINGENT UPON (1)
CUSTOMER GIVING PROMPT WRITTEN NOTICE TO SKIRE OF ANY SUCH CLAIM; (II) SKIRE
HAVING SOLE CONTROL OF THE DEFENSE OR SETTLEMENT OF SUCH CLAIM; AND (III) AT
SKIRE'S REQUEST AND EXPENSE, CUSTOMER COOPERATING IN THE INVESTIGATION AND
DEFENSE OF SUCH CLAIM(S).
E. EXCEPT FOR SKIRE'S LIABILITY PURSUANT TO SECTIONS 10A AND 10B OF THIS
HOSTING AGREEMENT, CUSTOMER AGREES THAT REGARDLESS OF THE FORM OF ANY CLAIM
CUSTOMER MAY HAVE UNDER THIS HOSTING AGREEMENT, SKIRE'S ENTIRE LIABILITY FOR
ANY DAMAGES TO CUSTOMER OR TO ANY OTHER PARTY SHALL NOT EXCEED THE TOTAL
AMOUNT OF FEES PAID TO SKIRE UNDER THIS HOSTING AGREEMENT.
G."
1t INDEPENDENT CONTRACTOR
It is expressly understood and agreed thatSkima shall operate as an independent contractor as to all
rights and privileges granted henm|n, and not as mAmnt, representative oremployee of the Qty. Subject to
and in accordance with the conditions and provisions ofthis Agnaument. Skira shall have the exclusive
right to control the details of its operations and mcdvihao and be solely responsible for the acts and
omissions of its nffiuom, agants, oenxanto, mmp|nyees, contractors and eubcontnaotoro. Skirm
acknowledges that the doctrine nfroopondeat superior shall not apply as between the City, its offinam,
a0en(n, uanxanbs and employees, and Shira, its officers, agenha, emp|oyees, nmrvanto, contractors and
subcontractors, Skina further agrees that nothing herein ohuU be construed as the creation of u
partnership or joint enterprise between City and Skire.
12. ASSIGNMENT
Gkire shall not assign nr sublet any of its duties, obligations or rights under this Agreement without the
prior written notice to the City. Notwithstanding thmforegoing, either party may assign this Agreement h>
any acquirer Vfall cnnfsubstantially all of such party's equity oecuhtiem, assets or business related to the
subject matter of this Agreement. If Skine makes such an ammignmant. Skine shall ensure that the
assignee or subcontractor adheres to all obligations and duties to which Skire is bound to carry out under
this Agreement. If assignment is to an acquirer of all or substantially all of such party's equity oeouriUao,
assets nrbusiness, the assigning party shall give written notice tn the other party assoon as pnaodoab|a
but not less than thirty (30) days prior to the effective date of such assignment.
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, emp|nynes. 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
City Manager's Office
1OOOThrookmortonStreet
Fort Worth TX78102
14. NO WAIVER
ToSkire:
Shire' Inc.
Legal Department
111 Independence Dr.
Menlo Park, CaQ4O26
The failure of the City or Skina to insist upon the performance of any henn or provision of this
Agreement orb>exercise any right granted herein shall not constitute e waiver ofthe City's orSkire'n
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
15. CHOICE OF LAW / VENUE
This Agreement shall be construed in accordance with the internal laws of the State of Texas. If any
action, whether naa| or asserted, at law or in equity, is brought on the basis of 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
16. FORCE MAJEURE
The City and Skin* shall axannioe their best efforts to meet their vanpaoi*e duties and obligations as
set forth in this Agn*emont, but shall not be held liable for any delay oromission in performance due bo
force majeureor other causes beyond their reasonable control (force majeure), ino|uding, but not limited
Skire |nx.-CF9/Hosting Agreement
ho, compliance with any government |ow, ordinance or regubadoo, acts of God, acts of the public mnmm}\
fires. strikes, |oukouts, natural diemnters, wans, hob, material or labor restrictions by any governmental
authority, transportation problems and/or any other similar causes.
17. SEVERABILITY
The provisions of this Agreement are meverab|e, and if any wmrd, phnaee, dause, sentence,
paraQnaph, oncUVn or other part of this Agreement or the application thereof to any person or
circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for
any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence,
pauagnyph, ae(tion, or other part of this Agreement to other persons or circumstances shall not be
affected thereby and this Agreement shall be construed ae if such invalid or unconstitutional portion had
never been contained therein.
18, INSURANCE.
Consultant shall provide the City with Cnrtificate(s)ofinsurance documenting policies of the following
minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this
18.1 Coverage and Limits
(o) Commercial General Liability
s1'00O.000 Each Occurrence
$1,000,000 Aggregate
(b) Automobile Liability
$1,000,000 Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by the Consu|tant, its employees, agenh;,
nspneeonhadvea in the course of the providing services under this Agreement. "Any
vehic|e~shall be any vehicle owned, hired and non-owned
(m) Worker's Compensation ' Statutory limits
Employer's liability
$100,000 Eechaoodent/000urnence
$180.000 Disemse - pereachemp|oyee
$500.000 Diomane - poUcy|imit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with |inho consistent with
statutory benefits outlined in the Texas workers' Compensation Act (Art. 8388— 1.01 et
seq. Tex. Rev. Civ. GbaL) and minimum policy limits for Employers' Liability ofs100.00D
each accident/occurrence, $500.000 bodily injury disease policy limit and $100.000 per
disease per employee
(d) Technology Liability (Errors &Omissions)
$1'000.00O Each Claim Limit
$1,000,000 Aggregate Limit
Technology coverage may be provided through on endorsement to the Commercial
General Liability (CGL) policy, oraseparate policy specific h} Technology E&O. Either is
acceptable if coverage meets all other requirements, Coverage mhgU be claims-made,
and maintained for the duration of the contractual agreement and for two (2) years
fnUnvvng completion of services provided. An annual certificate of insurance shall be
submitted to the City to evidence coverage,
18.2 General Requirements
(a) The commercial general liability and automobile liability policies shall name the City ooan
additional insured therenn, as its interests may appear. The term City shall include its
emp|nyoeo, ofOners, offioia|o, agmn(e, and volunteers in respect to the contracted
services.
(b) The workers' compensation policy ahmU include a Waiver of Subrogation (Right of
Recovery) in favor of the City of Fort Worth.
(o) 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, Notice shall be sent hothe Risk Manager, City nf Fort Worth,
1000Thrnckmodon. Fort Worth, Texas 76102' with copies to the 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- VU 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 ierequired.
(f) Any failure on the part cd the City ho request required insurance documentation shall not
constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that the Consultant has obtained all required
insurance shall be delivered hn the City prior to Consultant proceeding with any work
pursuant bn this Agreement,
19. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
20. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this Agreement
and that the normal rules nf construction to the effect that any ambiguities are tobe resolved against the
drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto.
21. AMENDMENTS.
No exb*nsion, modification or amendment of this Agreement shall be binding upon o party hereto
unless such extension, modification, or amendment io set forth in awhthon instrument, which is executed
hyan authorized representative and delivered on behalf nf such party.
22. 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
8kir*lnc`CM Hosting Agreement 9
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.
23. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that ho/she has the legal authority to execute
this agreement on behalf ofthe respective party, and that such binding authority has been granted by
proper order, xrao|udon, ordinance or other authorization of the entity. The other party is fully entitled to
rely on this warranty and representation in entering into this Agreement
[Signature Page Follows]
10
IN WITNESS WHEREOF, the parties by their duly authorized representatives agree to be
bound by all the terms and conditions of the Hosting Agreement,
CITY OF FORT WORTH:
Name: Fernando Costa
Title: Assistant City Manager
Date Signed:
APPROVED AST ORM AND LEGALITY:
By:
A istan City Attorney
ss4
AT
By:nah Zkt""Z—�)
Marty Hendrix
City Secretary
Contract Authorization:
M&C: IL >
-- --------
Date Approved:
Skire Inc.—CFW Hosting Agreement
SKIRE, Inc:
By:
—;0112 411-f
"I
Name: Sateez Kadivar
Title: Vice President of Business Operations
Date Signed-
...
V, .... .
IA
T/
EXHIBIT
SK|RE SERVICE LEVEL AGREEMENT
This Service Level Agreement ("SLA") is part of the Skire Hosting Agreement entered into between Skire,
Inc. and the City cf Fort Worth ("Cuohome"nr"City").
Capitalized terms inthis SLA not otherwise defined herein shall have the same meaning amin the Hosting
1. APPLICATION AVAILABILITY
Skine shall provide a Guaranteed Business Service Availability level (defined be|ow)ufod least ninety-nine
and one-half percent (99.5%) during established "Business Hours" on a monthly, work day basis, as well
as a Guaranteed Application Reliabilit factor of four or fewer downtime incidents per month. or Skine
shall provide u Reimbursement Credit ao provided for in this SLA,
A. Guaranteed Business Service Availability - To achieve a Guaranteed Business Service
Availability level of at least ninety-nine and one-half percent (99.5Y6) of system availability during
established Business Hours on omVnth|y. work day basis, the City will experience less than 70 total
minutes of Non-Business Excluded Downtime each month. 70 minutes per month is the equivalent of the
8.5% allowable downtime,
The City will receive the appropriate Reimbursement Credit. per Section |V.a. of this SLA, for each one
hour period over the cumulative 70 minutes per month of maximum allowable Non-Business Excluded
Downtime.
B. To ensure required Application Availability Reliability, City will
accept up to four instances of system unavailability per month for Non-Business Excluded Downtime
during Business Hours, unless the system is unavailable for more than 70 minutes. If the system is
unavailable during non-Business Excluded Downtime in five or more instances per month, it will not meet
the system reliability requirement and viU, thun, trigger the appropriate Reimbursement Credit. per
Section |Vb. of this SLA. The measure is of the total number ofinstances; therefqne, credit will apply
whether or not the sum of the total minutes of all instances of unavailability exceeds 70 minutes. If the
sum of minutes for four or fewer instances exceeds 70 minutes in one month. the Reimbursement Credit
for |V.a. will apply,
C. Scheduled Downtime Limits - Downtime lasting longer than 48 consecutive hours will bocounted
against total Guaranteed Business Service Availability, even when Skinohaw provided one week or more
notice that the Application will be unavailable. For each additional 24'hnurperiod (or portion thereof) of
unavailability after the initial 48 hour downtime period, the City will receive the appropriate
Reimbursement Credit, per Section |V.c.of this SLA
Scheduled downtime for system upgrades shall not occur during Customer's normal Business Hours,
"Business Hours" shall mean Monday through Friday. 7:00 AM to 6:00 PM, Central Standard Time.
excluding City holidays Vr other days in which the City is closed for business.
"Business Excluded Downtime" shall mean any of the following:
1. Scheduled downtime for other than system upgrades, which shall be any period lasting
less than 48 hours, for which Skire gives one week or more notice that the Application will
be unavailable. Scheduled System upgrades shall not occur during Customer's Business
Hours.
12
2. Any Application unavailability due to causes beyond the reasonable and immediate
control ofSkire. inn|uding, but not limited ho, acts of God, acts of government, Oood, fina,
earthquake, civil unroot, strike or labor problems, failures attributable to any co-location
company, failure of the a|e:hioa| sub-systems and back-up syabems, computer or
network intruaiono, denial nf service attacks, or any failure of Customer's Internet Service
Provider or Customer's communication systems.
11. APPLICATION RESPONSIVENESS
Guaranteed Application Response Time - Wre shall provide a Guaranteed Application Response Time cf
nV greater than five (5) seconds, measured at properly configured Internet browser workstation n000dng
Skire's then-current opouiOcadons, utilizing a commercially reasonable industry standard broadband
connection at least ninety percent (85%) of the time. Response time will be measured from the moment a
user clicks nn the Login button (after entering correct login information) and getting /viewing the Home
screen, ("Guaranteed Application Response Time").
In the event that Skire does not meet the Guaranteed Application Response set forth above, the City shall
receive the appropriate Reimbursement Credit, per Section IVA of this SLA.
Ui ISSUES RESOLUTION
m shall respond to the City's requests for issues resolution within
two (2) business hours of receipt of request for a 3evnhh/ 1 Issue, and 1 business day for a Severity 2
Issue and Severity 3Issue.
Resolution Time io defined am the time it takes SkineUo resolve the problem and the City 10 verify the
resolution. City verification time will not be included in the calculation of the resolution time.
Issue Severity Level will be identified by the City at the time of making an issue resolution request to
Skine. Skim* ahoU adhere to the [nUovvng schedule in responding to and resolving City nmquea(n for
Severity 1 |eeum: System hai|uno — cannotaocaye system. Skina must resolve the issue
within 1 business day with o workaround or permanent fix. If o workaround is
implemented within 1 business day. Skino must provide date of implementation of
permanent fix-
Severity 2 |eeumo: Skina must resolve Severity 2 issues within 3 business days. If
workaround is implemented within 3 business days. Skine must provide date of
implementation nf permanent fix. Severity issues would include but are not limited to
problems impairing the operation nfa major function of the Application.
3. Severity 3 Issues: Skire must resolve Severity 3 issues within 7 days business days with
avvorkannund or permanent fix. If workaround is implemented within 7 days, Shine
must provide date of implementation cfpermanent fix. Severity 3 issues hn include but not
limited to being able to access any business processes or loss of material functionality,.
In the event that Skire does not meet the Issue Resolution Time set forth above, the City shall receive the
appropriate Reimbursement Credit, per Section Me. of this SLA.
3kire|nc_C9YVHosting Agroxneu 13
B. MAXIMUM CITY STAFF TIME EXPENDED OwIss�/Es REOOLunOm: City staff shall not spend an
inordinate amount oftime correcting issues related to Unifier system uoe, functionality, mh:. Therehoro.
City staff time (sum of all labor hours for individual employees) spent on identifying, resolving and
nmmwdioUng the impacts issues shall not exceed 40 hours per month. City staff labor hours spent on
issues identification, issues resolution / fixes and issues impact remediation will be tracked by the City in
conjunction with its normal payroll process, and will be provided to Skire along with any City request for
Reimbursement Credits for staff time expended.
In the event that City staff (collectively) works more than 40 hours per month on issues identification,
resolution and impacts remedietion. the City shall receive the appropriate Reimbursement Credit, per
Section IV.f- of this SLA.
IV. REIMBURSEMENT CREDITS
For each of the hd|ovvng service level requirements, the noted Reimbursement Credit will apply if the
guarantees are not met:
A. In the event that Skire does not provide the
Guaranteed Business Service Availability level, then it will credit the City one hour (one Reimbursement
Credit) of Skine consulting/support time for every one hour of Application unavailability beyond the
allowable 70 cumulative minutes of system downtime per month during established Business Hours for
Non-Business Excluded Downtime.
B. |n the event that Skine exceeds four instances nfApplication
Downtime per month during Business Hours for Non-Business Excluded Downtime, ShinaviU credit the
City one hour (one Reimbursement Credit) ofSkinaconsulting/support time for each additional instance
beyond the guaranteed maximum of four downtime instances, even if total minutes do not exceed 70 per
month. If the duration of four or fewer downtime instances exceeds 70 minutes per month, then the
penalty for non-compliance with the Guaranteed Business Service Availability (SLA Section |V.aj will
apply. Regardless nf their durations, the penalties noted in this section (|V.b)wiU apply if there are five or
more downtime instances per month.
C. - In the event that scheduled
downtime continues beyond a 48-hour p*hnd. the City will receive five hours (five Reimbursement
Credits) of SWnn consulting/support time for each additional 24-hour period
(or portion thereof) of Application unavailability.
D. Guaranteed Application Response Times —)n the event that Skire does not meet the Guaranteed
Application Response Time of five seconds or |eoo. Skina will credit the City one hour (one
Reimbursement Credit) ofSkina consulting/support time for every ten instances of nnupnnue times in
excess of five seconds. In no event shall the credit to the City under this Section |V(d) exceed 7 (seven)
hours per month` irrespective of whether the Guaranteed Application Response time in met for that same
month.
E. Issue Resolution Time (Skire) - In the event that SWna does not resolve an issue within the
specified time period for the level of issue severity identified by the City, the City will receive one hour
(five Reimbursement Credits) of Skire consulting/support time for each 24-hour period (or portion thereof),
beyond the issue resolution duration guarantees contained in this SLA (Section |\|.a.), required toresolve
the issue. In no even( shall the credit to the City under this Section |V(o) exceed 7 (seven) hours per
month, irrespective of whether the Issue Resolution Time is met for that same month.
F� In the even( that Qty staff (sum of all
hours expended by individual employees) expends more than 40 hours per month on Unifier issues
idenUfioaUnn, resolution and nomediodon of issue impacts, the City will receive one hour (one
14
Reimbursement Credit) of Skire consulting/support time for each hour beyond the 40 hours spent on
issue(s) resolution, In no event shall the credit tothe City under this Section /V(f)nxceed 7(nevon)hours
per month, irrespective of how many hours the Maximum City Staff Time Expended on Issues Resolution
is exceed by for that same month,
In the event that Skire does not meet the perform oncn/s*rvioe level guarantees contained hnnyin, and to
the extent the failure of Skire to meet the perform anoe/ ervice level guarantees are solely the fault of
Shiro. (Guaranteed Business Service Availability, Guaranteed Application Rn|iabi|ity, Scheduled
Downtime Limite, Guaranteed Application Response Times, Issue Resolution Time (Skire), Maximum City
Staff Time Expended on Issues Resolution, etc.), the Customer will be eligible for and due
Reimbursement Credit(s). The scope of professional services for a Reimbursement Credit must be
acceptable to Skire as follows: i) if it is related to o software enhancement and/or configuration, then it
must be of the form that Skire deems consistent with its product direction; ii) the delivery schedule is
acceptable to Skin* with respect to product release nydmn, and requirements must be provided in a
detailed and timely manner; and iii) the services credit shall not apply tV any other future or prior purchase
types, such ax software licenses, or software maintenance and support.
In the event of significant and/or repeated Skire non-compliance and/or its failure to provide
Reimbursement Credits due. the City will have the option to terminate the Hosting Agreement. If the
Hosting Agreement is terminated, the City shall receive o refund of the percentage of the Hosting fee paid
for the period from the Agreement termination date tothe end of the annual Agreement term.
In the event that Skire spends consu Iting/sup port time on items that are deemed the fault of the City than
these hours shall be deducted against any Reimbursement Credit hours.
V. REPORTING REQUIREMENTS
Skire will provide detailed downtime, reliability and response time reports to the City on the 15mday of
each month showing the metrics from the previous work-day month. The reports will provide a detailed (at
the individual instance/action level) breakdown of the data used to determine compliance with the metrics
outlined in Sections |. || 111 and |V.
As a customer of IT services, the City of Fort VVndh will receive metrics specific to its usage and
application availability and that are meaningful and geared towards use by non-technical staff. Skire shall
providm, in report fornnoto, all data relevant to the mmihca designated in this SL/\, to ino|ude, but not be
limited (o:1) all instances and their durations (in minutes) of each downtime per month for non-scheduled
downtimm, with associated dotes and times; 2) all instances and their durations (in minutes) of each
downtime per month for scheduled �downtime, with associated dates and times; 3) application response
times in excess of 5 seconds for all action s/tra n sactions in Unifier for the work day month, with associated
dates and times; 4) Issues resolution time periods; etc,
Upon execution of this SLA. Skire will work with the City bo fine-tune the reports to ensure that they all
provide the information and detail required to validate service level guarantees and any required
remedies (uredito) for non-ommp|ionon Once the required reports are developed by Skire, with input from
the City, the City must verify in writing (via e-mail to appropriate Skire personnel) that reports provide
sufficient detailed information to evaluate memioo level guarantees and remedies for non-oomp)iance.
The aforementioned reports provided by Skire should be sufficiently detailed to allow for validation of
service guarantees and remedies /credits, an laid out in Sections [ ||. U\. and |Vofthis SL/\, to minimize
disputes between the City and Skire. In the event of disagreements between the City of Fort Worth and
Skire regarding fulfillment of service guarantees and the application of oredito, the monthly reports
provided by a third-party performance testing entity will serve as the data source of record for evaluation
nf the performance metrics and the calculation of Reimbursement Credits,
In order to receive a Reimbursement Credit per this SLA, the City must notify Skire in writing of its request
for a Reimbursement Credit within 30 working days of receiving the reports from Skire. In its written
request for reimbursement, the City should provide detailed information (from metric reports) of all
Skhelno.-CFYv Hosting Agreement 15
instances of non-compliance with established guarenheeo, as well as calculations of Reimbursement
Credits owed. Reimbursement Credit claims made under this SLA must be sent via email to
s|a@nkina.oum or via regular mail to- Skine, Inc., 111 Independence Dr, Menlo Park' CA 94025. Attn:
Legal Department, Skire may change this manner of notification, including the email and mailing
addresses, at its discretion at any time upon proper notification of Customer of such changes.
VI. GENERAL
General conditions of this SLA are as follows:
A. This 8LA commences on the Effective Date ofthe Hosting Agreement of which it is o part and shall
continue in force until the termination of such Hosting Agreement.
B. The City of Fort Worth reserves the right to contract with a third-party contractor to conduct
performance testing validation of Application d0wnhme, reliability and response times and related
performance metrics, which will be used tu determine Skire'm compliance with son/ice level guarantees
contained herein. The third party validation will provide neutra\, verifiable information in m report format
that will be similar to and compared against the monthly performance reports provided by Skire.
C. All Reimbursement Credit claims will be verified against data included in the monthly metric reports
provide to the City from Gkina. In the event that Skima cannot refute Customer's claim to Reimbursement
Credit using data in the monthly performance reports, then the Customer's claim shall stand as valid and
verified. In the event that the Customer's claim(s) and/or third party contractor are in conflict with data
provided by 8kivo, and the parties cannot n*mWve the disputed claims to the satisfaction of eanh, the
parties mey, but are not required to, submit the matter humediation, with e mediator who is acceptable to
both parties. Nothing herein ohoU eliminate either party's rights to seek injunctive relief orany other legal
remedy that may be available to that party.
16
� 1 �� .C� Speed. Conkrol. Insghr.
Customer: City of Fort Worth
Primary Contact:
.:Sandy Oliver
Assistant Director, Program Mgmt
'City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
,(817) 392 -7371
s,,incty.oiiver@fo(twoilhgov.org
Billing Contact:
Sandy Oliver
Assistant Director, Program Mgmt
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
.(817) 392 -7371
sancty.oliver@fortworthgov.org
`Invoice Format: Email'
Skire System Administrator:
Sandy Oliver
Assistant Director, Prograrn Mgrnt
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
(817) 392 -7371
San dy. oliver @fortworlhgov.org
Order Form If
Order Form Date:
C PDC FW 0609011
10/26/2009
Order Effective Date: 11/1/2009
Order Term End Date: 9/30/2010
Skire Contact:
Hosting Fee for the term 10/0112009 - 913012010 = $110,000
Previous payment for the term 101112409 - 1013112009 = $9,342 = $110,000 - $9,342 = $100,658 Annual Fee Remaining Balance
Quarterly Calculations:
1st Quarter Payment (October 1, 2009 - December 31, 2009) _ $27,500
Credit of Previously Paid Fees for 1st Quarter = $9,342 = $27,500 - $9,342 = $18,158 1st Quarter Balance Remaining
2nd Quarter Payment (January 1, 2010 - March 31, 2010) _ $27,500
3rd Quarter Payment (April 1, 2010 - June 30, 2010) _ $27,500
4th Quarter Payment (July 1, 2010 - September 30, 2010)) _ $27,500
Catherine Phan -Dangs
$100,658
SUBTOTAL: $100,658
EST. TAX: TBD
TOTAL: $100,658
All fees are in United States Dollars (USD).
1) Cuslomei , signature on this Order Form constil 1itions of the Skire Inc. Software License and Maintenance Master Agreement,
Hosting Agreement, Service Level Agreement and which are incorporated herein by reference. This Order Form and the
aforementioned agreements contain the entire agre after hereof and supersede any and all other agreements and communications.
written or oral, expressed or implied.
2) Skire is free to invoice 30 days prior to the resp(
3) Pricing terms provided to Customer are highly c
AGREED AND ACCEPTED: City 1c.
1000 ependence Dr.
Fort Worth, TX 76102 memo Park, CA 94025
Authorized Signature: Authorized Signature:
Printed Name: Printed Name: Sateez Kadivar
Title: Title: vice President of Business Operations
.......
Date: �_T 'No"
o �
............
— PLEASE SIGN AND SCAN /EMAIL TO JBURCIO @SKIRE.COM OR FAX BACK TO JENNY BURCIO AT 650 -644- 2805`"
Copyright 0 2009 Skire, Inc. All Rights Reserved.
City of Fort Worth, Texas
Mayor and Council Communication
on
~
COUNCIL ACTION: Approved on _
DATE: Tuesday, October 27.2OO9
LOG NAME: 02H{}ST|NG AGREEMENT Pk8O
REFERENCE NO.: C'23875
SiJB'~UECT:
Authorize Renewal of Sole Source Agreement with Skina. Inc., to {}utaou/ce the Hosting of the Unifier
Application for the City's Capital Projects Management System for an Annual Amount of $110,000.00
It is recommended that the City Council:
1 Authorize renewal of Sole Source Agreement with SNre. Inc., tooutoourcethe hooting of the Unifier
application for the City's Capital Projects Management System for an annual amount of $110,000.00-1 and
2. Authorize the Sole Source Agreement to begin upon execution and expire September 3O.2O1O.with
DISCUSSION: options to renew for two additional one year periods.
The purpose of the renewal of the Sole Source Agreement (Agreement) is to provide for outsourced
hosting ofSkire. Inc., Unifier application which is licensed under the 8oftvv8ne License and Maintenance
Agreement dated December 10, 2004, and identified as City Secretary Contract No. 31026 and which is
the foundation of the City's Capital Projects K8anaQennentSystern(CPMS).CPK4Sio8vveb-baaed
application that io used byinfrastructure staff Citywide to track and manage funding and cost tracking for
capital projects. ThioAgneennentvvi||a|lovvforthe proper maintenance and support of the Unifier
application and all necessary h3rdvvore, softvvona and Customer (City) information to allow for the proper
operation of the Unifier application and its availability on the Internet for use by the City. The hosted option
helps the City avoid capital expense and minimizes the burden on City servers and staff. Furthermore, the
outsourced host solution provides for redundancy with data centers located in several different parts of the
country that, among other security items, have redundant power on the premises and multiple backup
generators.
CPK8Gvvent live in Aoh| 3007. Sincogo-|ive. Skire, Inc., has hooted the Unifier application under
Software as o Service Arrangement with the City. This M&C seeks to continue the existing hosting
arrangement with Skire, Inc.
Skine. Inc., is the documented SO|e SOVrCe vendor for the Unifier software license, maintenance and
hosting services.
K8/VVBE - A waiver of the goal for M/VVBE subcontracting requirements was requested of and approved by
the MAIVBE Office because the purchase of goods or services is from sources where subcontracting or
supplier opportunities are negligible,
RENEWAL OPTIONS - This Agreement may be renewed for up to two additional one year terms at the
City's option. This action does not require specific City Council approval provided that the City Council has
Logname:AZ8UST}NG AQREEMENTPM0 PagcloF2
appropriated sufficient funds to satisfy the City's obligations during the renewal term,
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Information Systems Fund.
FUND CENTERS:
T..O...Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by.-
Originating Department Head,,:,
Additional Information Contact:
ATTACHMENTS
1. Accountin-g Worrnafio doc (CFW Internal)
2. MWBE WAIVER,pof (CFW Internal)
3. Sole Source Form - Skins Inc pdf (CFW Internal)
FROM.-..Fund /Account/Centers
P168 539120 0045020
Fernando Costa (6122)
Randle Harwood (6101)
Sandy Oliver (7371)
$110,000.00
Logname: 02HOSTING AGREEMENT PMO Page 2 of 2