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HomeMy WebLinkAboutContract 57153 FORT WORTH CSC No.57153 CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement("Agreement")is entered into by and between Resource Data Inc., an Alaskan S-Corporation ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A—Resource Data quote; 3. Exhibit B—Texas Department of Information Resources DIR-CPO-4514; 4. Exhibit C—Conflict of Interest Questionnaire; and 5. Exhibit D—DIR-CPO-4514 Pricing Index Exhibits A, B, C, and D which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall be in the amount of Forty Three Thousand, Two Hundred Fifty-Eight and 00/100 dollars ($43,258.00).Vendor shall not provide any additional items or 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 shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement shall be effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and ending on October 26, 2022. City shall be able to renew this agreement for three (3) one-year options by written agreement of the parties. Vendor agrees that City shall,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 shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) OFFICIAL RECORD Cooperative Purchase CITY SECRETARY FT. WORTH, TX received by the other parry by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth Resource Data Inc. Attn: Valerie Washington, Assistant City ATTN: Legal Department Manager 560 E. 341h Ave., Suite 100 200 Texas Street Anchorage, AK 99503 Fort Worth, TX 76102-6314 Facsimile: N/A Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address IP Indemnification. Vendor agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the payment of attorney's fees, any claim or action against the City for infringement of any patent,copyright,trade mark,service mark,trade secret,or other intellectual property right arising from City's use of the Deliverable(s), or any part thereof, in accordance with the Agreement, it being understood that the agreement to indemnify, defend, settle or pay shall not apply if City modifies or misuses the Deliverable(s). So long as Vendor bears the cost and expense of payment for claims or actions against the City pursuant to this section 8, Vendor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect the 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 the City for infringement arising under the Agreement, the City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however,Vendor shall fully participate and cooperate with the 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, the City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify the City under the Agreement. If the Deliverable(s), or any part thereof, is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Vendor shall, at its own expense and as City's sole remedy, either: (a)procure for City the right to continue to use the Deliverable(s); or (b) modify the Deliverable(s)to make them/it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the Deliverable(s); or (c)replace the Deliverable(s)with equally suitable, compatible, and functionally equivalent non-infringing Deliverable(s) at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor, terminate the Agreement, and refund all amounts paid to Vendor by the City, subsequent to which termination City may seek any and all Cooperative Purchase Page 2 of 14 remedies available to City under law. VENDOR'S OBLIGATIONS HEREUNDER SHALL BE SECURED BY THE REQUISITE INSURANCE COVERAGE REQUIRED BY CITY. Data Breach. Vendor further agrees that it will monitor and test its data safeguards from time to time, and further agrees to adjust its data safeguards from time to time in light of relevant circumstances or the results of any relevant testing or monitoring. If Vendor suspects or becomes aware of any unauthorized access to any financial or personal identifiable information ("Personal Data")by any unauthorized person or third party, or becomes aware of any other security breach relating to Personal Data held or stored by Vendor under the Agreement or in connection with the performance of any services performed under the Agreement or any Statement(s) of Work("Data Breach"), Vendor shall immediately notify City in writing and shall fully cooperate with City at Vendor's expense to prevent or stop such Data Breach. In the event of such Data Breach,Vendor shall fully and immediately comply with applicable laws, and shall take the appropriate steps to remedy such Data Breach. Vendor will defend, indemnify and hold City, its Affiliates, and their respective officers,directors, employees and agents, harmless from and against any and all claims, suits,causes of action,liability,loss,costs and damages,including reasonable attorney fees, arising out of or relating to any third party claim arising from breach by Vendor of its obligations contained in this Section, except to the extent resulting from the acts or omissions of City. All Personal Data to which Vendor has access under the Agreement, as between Vendor and City,will remain the property of City. City hereby consents to the use, processing and/or disclosure of Personal Data only for the purposes described herein and to the extent such use or processing is necessary for Vendor to carry out its duties and responsibilities under the Agreement, any applicable Statement(s) of Work, or as required by law. Vendor will not transfer Personal Data to third parties other than through its underlying network provider to perform its obligations under the Agreement, unless authorized in writing by City.Vendor's obligation to defend, hold harmless and indemnify City shall remain in full effect if the Data Breach is the result of the actions of a third party. All Personal Data delivered to Vendor shall be stored in the United States or other jurisdictions approved by City in writing and shall not be transferred to any other countries or jurisdictions without the prior written consent of City. Cooperative Purchase Page 3 of 14 The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person By: Valerie Washington(Feb 21,202212:57CST) responsible for the monitoring and administration Name: Valerie Washington of this contract,including ensuring all performance Title: Assistant City Manager and reporting requirements. Date: Feb 21,2022 APPROVAL RECOMMENDED: By: Steven Vandever(Feb 16,2022 11:42 CST) Name: Steven Vandever Title: Sr. IT Solutions Manager By: APPROVED AS TO FORM AND LEGALITY: Name: Kevin Gunn Title: IT Solutions Director ATTEST: By: Name: Taylor Paris Title: Assistant City Attorney Tghhef`fe S. Gaa�l�ll By: Jan nette S.Goodall(Feb 22,2022 08:56 CST) CONTRACT AUTHORIZATION: Name: Jannette Goodall a4�FORr��a M&C: N/A . Fo0000o a a Title: City Secretary '� oo�y0a� ago °%d VENDOR: 000 o=� 0 00 Ay Resource Data Inc. � ij �0000000000 *oY *x*A A' By: mmni.'-W'&te &r Name: Dennis Wheeler Title: Contracts Administrator Date: 2-15-2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Cooperative Purchase Page 4 of 14 Exhibit A Vendor Quote Cooperative Purchase Page 5 of 14 January 11,2022 Resource David Melman Data City of Forth Worth Anchorage Re:City of Fort Worth,Ordinance Digitizing 560 E 34th Ave Suite 100 Dear Mr. Melman, Anchorage, AK 99503 (907)563-6100 Thank you for the opportunity to help the City of Fort Worth in its digitizing efforts.With our experience and knowledge in GIS, Resource Boise Data is well-equipped for this opportunity,and we are excited to work 1450 5 Eagle Flight Way with you on this endeavor. Suite 150 Boise, ID 83709 (208)424-2203 Project Approach Houston In December 2021,the original scope to digitize 400 ordinances from 15915 Katy Fwy years past was revised downward to 117 ordinances. Suite 350 Houston,TX 77094 In January 2022, Resource Data met with representatives of the City of (713)468-3385 Fort Worth to discuss the need for a centralized, authoritative data source.Such a data source is required to address probable issues Juneau related to tying ordinances(authored long ago)to present-day 1 Sealaska Plaza geographiclspatial information. During this meeting,the Fort Worth team Suite 301 stated the following: Juneau, AK 99801 (907)519-0292 ■ A centralized,authoritative data source for vendors to use for the digitization does not exist Portland • Vendors are expected to provide the source data to execute the 1220 5W Morrison St project Suite 210 Portland,OR 97205 To complete the project in an efficient and cost-effective manner, (503)208-3693 Resource Data proposes a time-boxing approach to digitizing each ordnance.The time-box approach will comprise two phases as www.resourcedata.com described below. Time Box Approach Phase Resource Data estimates an average of 3 hours per ordinance to complete the following tasks: • Read and comprehend the ordinance • Digitize the ordinance fully and provide a confidence score from 1 to 10(see below) • Provide relevant attribute data Cooperative Purchase Page 6 of 14 Accordingly, during Phase I, we intend to spend no more than 3 hours per ordinance as described above. If an ordinance is completed in less than 3 hours, it will be Flagged as completed and Resource Data will move on to the next ordinance. If the effort to digitize an ordinance exceeds the allotted 3 hours due to data availability issues,that ordinance will be flagged for completion in Phase II of the Time Box Approach. For all completely digitized ordinances, RD[will QAIQC the ordinance and provide a confidence score(1-10)indicating how closely the digitized feature tallies with the written text of the ordinance. A 10 will indicate high confidence; a 1 will indicate low confidence. Fort Worth may decide to reject any ordinance with a confidence level of less than 10(or any chosen confidence Ievel). Rejected ordinances will be placed on the list to be addressed during Phase II. Resource Data will, as much as possible and in good faith, attempt to identify the specifics of any data availability issues encountered. For any ordinances in which we are unable to resolve data issues we wi[I move that ordinance to Phase II and wait for the City to • Provide us the missing data or assistance in acquiring it • Inform us we should continue the data investigation on our own • Stop working on the ordinance until further notice The deliverable after Phase I will include the following ■ A complete review of all earmarked ordinances including reading, comprehending, identifying/downloading data sources, etc. ■ A geodatabase with digitized features for all earmarked ordinances, including * Fully digitized and confidently verified ordinances with all applicable attribute data- * Partially digitized ordinances with all available and applicable attribute data- * Ordinances that could not be digitized due to data availability issues. Ordinances that could not be digitized at all will be denoted as a point or line feature with relevant attribute data. Attribute data will include- ■ Name/identification of completed ordinances • Date of ordinance • Date of digitizing ■ Ordinance PDF name • Hyperlink to source PDF document name and path • QC confidence level ■ Ordinance inventory(a list of ordinances that have been completely mapped/digitized and confidently verified). • Folder of PDF ordinance documents used in the project. GIS Features will contain PDF name/hyperlink in the attributes. City of Fort Worth,Ordinance Digitizing "Resource Page 2 Data Cooperative Purchase Page 7 of 14 • PDF ordinance report: Each ordinance will have a report showing the digitized ordinance. The report will be used as an ongoing discussion about the ordinance and its completion status and will include the following: o Map of digitized ordinance • Showing the ordinance and surrounding features o Status of drawing • Completed, no issues, confidence level ■ Completed—point of beginning questionable ■ Partial, needs information. In this case we will provide ■ A description of the information that is missing • Any assumptions made during the digitizing process ■ An indication of the areas where the meets and bounds were not clear ■ Failed o GIs Data layers and all data sources used in positioning and drawing the ordinance o Any assumptions associated with location of ordinance o Attributes from GDB a Name of ordinance PDF Time Box Approach Phase II Ordinances that could not be fully digitized or were rejected by Fort Worth due to low confidence levels will be moved to Phase II and an ordinance report will be submitted to the City. Ordinances will remain in Phase II until the City provides new information or additional data sources(or a work order for Resource Data to seek additional data sources)to mitigate the data issues. Resource Data will continue editing ordinances in Phase II as long as the original budget allows. If any ordinance still remains after the original budget is expended, Resource Data will ask for amendment to the budget to cover the outstanding ordinances. Due to the unknowns associated with data availability, this iterative process as described above is cost-effective and efficient as it affords the City the ability to • Quickly sift through a large number of ordinances, ■ Quickly digitize those that have data readily available, • Allow its management to make decisions on those ordinances that need additional work orfunds. This approach will also help the City identify which datasets are suitable to digitize each ordinance. Both phases will include data sourcing activities as well as our standard project management activities. City of Fort Worth,Ordinance Digitizing "Resource Page 3 Data Cooperative Purchase Page 8 of 14 Estimated Cost The table below shows our estimated costs for the tasks above.Work will proceed on a time- and-materials basis up to the total authorized budget listed below.We will bill monthly for actual hours worked, at the hourly rates of the team members performing the work. If we anticipate any overruns,we will contact you promptly so you can decide to stop work, add to the budget, or adjust the remaining scope in order to reach a good stopping point. Pricing reflects Resource Data's rates under D I R contract DIR-CPO-4514. Table 9:Estimated Costs Task Hours Cost Download, review and prep data sources 26 $3,501 Digitize legal description from ordinance, 385 $32,717 create attribute and metadata QAIQ C 64 $7,040 Total 476 $43,258 We are committed to the success of this project and look forward to working with you. Please do not hesitate to contact Doug Ruppert,your single point of contact for this project,with any questions at(713)268-6801 or via email at douga@resourcedata.com. Sincerely, Doug Ruppert Houston Branch Manager Resource Data City of Fort Worth,Ordinance Digitizing Resource Page 4 Data Cooperative Purchase Page 9 of 14 Exhibit B Vendor Coop DIR-CPO-4514 I Texas Department of Information Resources Contract Number Contract Term Date: 10128I22 DD DIR—41 VrDn—45 14 Contract Expiration Date: 10f26/25 O Vendor Information Resource Data, Inc. VENDOR CONTACT: DIR CONTACT: Doug Ruppert Gr Jacqueline Torres G,' Vendor ID: 1920131155200 Phone: (713)268-6801 Phone:(512) 475-4588 HUB Type: Non HUB O Fax: (907) 561-0159 RFD: DIR-CPO-TMP-444 Vendor Website G�' Contract Status: Active Contract Overview Resource Data, Inc. offers Geographic Information System (GIS)service solutions,including Custom system development(web,desktop, and mobile), MuLti-user enterprise GIS deployments, Data management,Spatial analysis and Cartography (custom maps) Consult Appendix C, Pricing Index for a full service offerings.This contract may be used by state and local government, public education,other public entities in Texas, as well as public entities outside of the state. Cooperative Purchase Page 10 of 14 Exhibit C CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B.23,84th Leg., Regular Session. CFFlCEUSEONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date P.acaivod has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006{a}. By law this questionnaire must be filed with the records administrator of the local governmental entity not later than die 71111 business day alter die date the vendor becomes aware of Facts that require the statement to be filed. See Section 176.006fa-1 y,Local Government Coda. A vendor commits an offense if the vendor knowingly violates Section 176.006,Local Government Code.An offense under this section is a misdemeanor. .1J Name of vendor who has a business relationship with local governmental entity. El 2 Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 2J Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 17B.003(a)(2)(A), Also describe any family relationship with the local government officer. Complete subparts Aand 6for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income,from the vendor? Ll Yes " No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? El Yes E] No 6 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. 5 ❑ Check this box if the vendor has given the local government officer or afamily member of the officer one or mare gifts as described in Section 176.003(a)(2)(8), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with tie governmental entity Date Farm provided by Texas Ethics Commission www.athics.state.tx.Eis Revised 1113012015 Cooperative Purchase Page 11 of 14 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http:/lwww.statutes.Iegis.state.tx.us/ rocs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001{1-a):'Business relationship"means a connection between two or mare parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) acontract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that- (I) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and[a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a IocaI government officer. Farm provided by Texas Ethics Commission www.ethics.stats.tx.us Revised 11/30/2015 Cooperative Purchase Page 12 of 14 Exhibit D DIR-TSO-4514 Pricing Index Cooperative Purchase Page 13 of 14 Appendix C -Prlcing Index DIR-CPO-4514 Resource Data, Inc. DIR Customer SERVICE NAME SERVICE DESCRIPTION Unit of Issue Discount Percentacie Is responsible for the client relationship with major Resource Data clients,Manages multiple,interrelated projects using Resource Data processes and tools in Sr.Project Manager/Sr.Analyst additicnto program management con Doi=and per hour TOOK techniques.Deflnes and solves large complex In us]ness problems.Develops and presents cc mplex sol utions to senior m em bers of di errt urge nizat ions Works closely with clients to Idemlfy and analyze business requirements and processes.May act as main point of contact with Resource Data client subject Project Manager/Sr.Analyst matter experts and may become the II also n between the per hour 9.00% client and the project team to assure that business needs are adequately represented in projects. Develops budgets,plans,and documents requirements for Resource Data projects.Oversees and manages the Project Manager/Ana lyst technical application,design,b u dget,constructla n,and per hour 2.00% mplementation for assigned projects. Coordinates and conducts analysis on projects of arty size or complexity,Inc Iading working on multiple related or unrelated projects,or on enterprise-wide projects. Lead Business Analyst Works closelywlth Project Managers to ens urecllent per hour 1.00% needs are met and leads larger groups of Business Analysts on projects. Conducts and coordinates analysis of client and business process requirements,identifying proJect-level factors Sr.Busines Analyst that may affect successful project completion.May lead per hour 1.00% small groups of Business Analysts working on the same proles Works closely with clients to Identify,synthesize,and Business Analyst analyze business requirements and processes. per hour 1.00% Possesses all the technical skills of the Sr.Gk5 GIS Lead Programmer/Analyst plus leads 6I5 technical teams, per hour 1.0096 taking intoaomunt budget,timeline,and resources. Designs,develops,and Imple m ents G I S software programs,applications,and databases,taking into aomunt all aspects of the development effort including Sr,,UIS Programmer/Analyst business needs,workflow,and technical requirements- Per hour 1.00% Provides training to cIlents on using new GI5 systems and tools. Develops and implements GI5 software programs, G I S Programmer/Analyst applications,and databases. per hour 1.0096 Cooperative Purchase Page 14 of 14