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HomeMy WebLinkAboutContract 28463r � � �. � �IflanGe �I�eckn�I�gyl . ���� ���R�'i'�� 1��5� ��#��`�A�� �' or �r�fessional Service� �►�reer�er�t �or Ci��r o� Fort VVor�F� y�-- This Agreement is effecfive as of February 6, 2003, between A{liance Techno{ogy and City of Fort Wort�, lacated at 10�0 Throckmorton Fort Worth, TX 76102. . Under this agreement, Alliance Techrrology will provide professional services to the City of Fort Worth Informafion Technology Department. These services will be provided according t4 the below-described Exhibits attached to this agreement. 1. Exhibit A. Prafessianal Services Aqreement, This is a blanket agreement that governs the overall relationship between Alliance T�chnology and the City of Fort Worth. It starts upon the date that it is signed, and expires at the termination of the relationship befween Alliance Technology and the Cily of Fort Worth. 2. Exhibit B. HEAT Custam Imulementation_Rlan. This sets the ir�itial guideline far Alliance Technology fo provide HEAT consulGng services to City of Fort Worth, along with defning expectations and provides an estimated length of time required to implemenf the various types of requests for service. 3. Exhibit C, NEAT Cost Estimate. This attachment auilines ihe software r�quirements and pricing along with the �rofessional services fees to be provided by Alliance �echnology to the City of Fart Wo�th. BY THE SIGNATURES OF THE DULY AUTHORIZED R�PRES�NTATIVES BELOW, ALLIANCE TECHf�OLOGY AN� CITY OF FORT WORTH ENVIftOiVM�NTAL SERVICES DEPAftTMENT, HAVING R�AD AND SIGNED.ALL OF THE ABOVE-MENTIONEQ EXHIBITS, AND INTENDING 7� �� LEGALLY BOUND, AGREE TO ALL �F TH� PROV1510NS QF TH15 AGREEMENT. � Alliance Techr�I�a�T 1`—� �`� City of Fort Worth �` �..� � ¢ - � � � �r : �.0 t --I � 4 -' �9��'-' � f� ^ �Y Printed Narne: Kevin En e . Printed Name: ��jr���w'- . . Title: Gonsulta�t / Date: � '�� � ��i�.i� , ,_ � , ... � _ ��-;;� ; ��-�� .. .��. . : � "� `�� _ �� �;������ ���o�������� _. ___.__1 _ � _�_ � _� �.����� _ ���� � Title: Assistant City Manager Date: ��Zt� f Cb � �-� r�v� �• �-� �- �� `�^�-"j � � � , ,� �� � All�ar�ce Technology 2221 Briary Trace Court Lewisville Texas 7507T-1749 -- ' �1 f Critifr�r%�1 n�M� �; � PHU�E: ;�'? �*�.; ���F�f� Fr��� . �� � > so�u�ioNs�°' EfVD�U5�T� �►�Ii�i���NCE �IVD SUP���� �►C�tEEI�I�I�T (Indirect Sale) Agreement Between: Date (Mldlyyyy}: � February 6, 2DQ3 The L�icensor: FrontRange Solutions Inc. {"FrontRange Sofutions") 1125 Ftelly Johnson Blvd. Colaradn Springs, CO 80924-3967 (B00) 776-7B89 Fax: (719) 53fi�Ofi20 � and WWW: httpllwww.frontrange.com The Licensee; (the "Customer") City o� Fort Worth Install Address: I 1000 Throckmorton Fort Worth TX 76'[02 Contact: I !(ate Yarhouse Telephone: � 817.392.8465 HaA Number: 5alutipns Partner infarmation: Solutlons Partner q��iance Technology (or "5P") Address: Contact: Telephone: Maintenance and Suppart Term: gegins (Mldlyyyy): 31� 512Q03 HEAT & IHEAT HEAT Self Service 221 Briary Trace Court Lewisville TX 75077-9 749 Kevin Engel 972-841-3980 Maintenance and 5uppart Fpr The Fnflowing Licensed Software 1 Title: I Fax: � E-mail: Title: Fax: E-mail: Cuskomer 5erv{ce Directar kate.varhouseC�fortworthaov,art� Cansultant � kenael@alliancetechnet.com INYPORTEtl16T NOTICE No. Users 30 Per Server THIS EIVd-USER MAlNTElUANCE AC�b SUPPORT AGREEIViENT ("AGREEMENT") IS B�TWEEN FRpNTRANGE SOLUTIONS, ON 6EHAL� OF ITSELF AN� li5 SU851DIARIES, DIVISIONS ANb AFFILIAT�S, AND CUS70MER, NNb MUST BE SIGNEQ ON 7HE LAST PRG� BY AN AUTHDi2lZED REPRESEN7ATIVE OF THE CUSiOMER. CUS70MER ACKNOWLEDGES TMAT PAYMENT T�RN15 FOR MAINTENAI�tCE ANa SiJPP�F2T MUST SE ESTABLISH�b S�PARATELY AND INUEPENDENTLY BETW�EN THE CUSTflMER Af�D SP, THAT THIS AGREEIUIEI�T CONSTITU7E5 THE �NT1RE AGREEMENT BE7WEEN THE GUSTOMER AIVf} FRON7RANGE SOLUTIONS REGARd1NG 7HE MAINT�NANCE ANa SUPPOR7 SERV[C�S b�5C12IB�D HEREIN AND 15 CON7ROLLING, THAT THE TERMS ANb CONDITIONS OF ANY PURCliA5E ORi]ER OR ANY OiHER AGREEMENT BETWE�fV THE CUSTONfER AIVD SP ARE NQT BIND{NG pN FRONTRANG� SOLUTIONS, AN❑ TMAT SP 15 NQT FRONTRANGE 50L.UTfOIVS' AGENT AND 15 NOT AUTWORIZE� TO ALT6R, AMEND OR MQDIFY THE TERfVrS OF THIS AGR�EMENT OR TO OTHERWESE GRAN7 A�1Y LfC�IVSE DR OTHER RICH7S RELATING IN ANY WAV 70 7FEE LIC�NSED SOFTWAR�. CUSTQMER ACKI�OWL�DGES THAT 175 iVONPAYMENT OF ANY AMOEINT UUE 70 FRONTRANG� 50LUTldNS, 5P OR ANY OTHER RELEVANT THIRD PARTY RELAiING TO MAINTENANCE AND SLIPPORT OR THE LICENSEa SOF7INARE SHALL CONSiITUTE A BASIS FOR FRONTRANGE SO�UTIDNS' TERMIHATId1� OF Thf15 AG}2EEMENT. C11570MER FURTHER ACKNaWLEbGE5 THAT fiS FUTURE PURCHASE OF MAlNTENANC� AIHD SUPPORT F'Df2 AbDITIONAL PRODUCTS CJ7HER THAN THOSE SHOWN A80VE, SHALL BE SUBJ�CT TO THE SAM�. TERMS AND CONDITIONS A� GONTAINE� IN 7HIS AGREEM�NT OR AS OTHERWIS� AGREED TQ AT THE TIME OF SUCH FUTURE Pl1RCHASE. Ends: (Mldlyyyy): � 3/14/2004 Rev. September 2002 End-User Maintenance and Support Agreement (Indirect Sale) Page 1 of 3 1. �nd-Us�r L.icense Anreement Required, In order for Customer ("you" or "your") to receive and eontinue to receive "Maintenance" (as defined below} and "Support" (as defined below) for any FrontRange Solutians saftware praduct ("Licensed 5oftware"), you must �a�e a license under a current �nd-User �icense Agreement {"EULA") corresponding to each Licensed Software. This Agreement wilf automatically terminat� as to each L.icensed Software upon termination of the EULA corresponding to said Lice�sed Software. 2. Maintenance. Maintenance entit[es yau ta receive updates, upgrades and new releases or �ersions of the Licensed 5nftware, including updaked documentation, at such kime as FrontRange Solutions makes such updakes, upgrades and new r�leases or versians a�ailable generally to iks customers, as FrontRange 5olutions may provide in its sole discretion without requirement af a separate license agreement, and wikhout additional charge oiher than payment of the Maintenance and Support fees described herein. Maintenance does not include updates, u�gratfes ar�d new releases or versions of any third- party software or related documentatian included ir� the Licensed Soitware; such updakes, upgrades or n�w releases or versions, if avai]able, will be pro�ided andlar billed separateEy. Mainte�ance does not include or pertain ta any Froe�tRange Solutions praducts that are not part of the Licensed Sofkware. [Jpdates, upgrades and new releases or new versions of the Licensed Software provided through Maintenance, whether irom FrontRangs Solutians or a third-party other than FrontRange Solutions, shall be subject to the same terms and conditions of khe ap�licable EULA. You must he party to a current maintenance and support agreement in order to purchase additionai users of the Licensed Software and to also purehase new FronkRange Solutions products. 3. 5upport. (a) 5upport entitlas you to teEephane assistance at FrontRange Solutinns' published number, andlor assistance �ia E-mail or other automated processes, with the Licensed 5oftware. 5upport is currently available Monday through Friday, 6:00 a.m. to 6:00 p.m. MST. FrantRange Solutions will also provide aiter-hours support, �ia pager, for downed systems where the Licensed 5oftware is inaccessible or inoperable to all authorised users. Additional a�ter-hours support will be charged at FrontRange Soluiians' the� current rat�s and costs. The hours and days of support are subject to change at any time; provided that (i) FrontRange Solutions will provide advance notice of any change in the hours and days; and (ii) the total number of hours shall not be less than 4b in any regular work week (excluding holidays). Support will not be provided for each inr�i�idual licensed user. Suppo�t will be provided only for [hose questions and issues forwarded to FrnntRange 5olution$ fram Customer's internal help desk support staff. FrantRange Solukions will attempt to answer your specific questions; however Support is offered to you on a best-ef�orts basis only, and FrnrttRange Solutions may nat be abEe to resolve every request for Support. Support is pravlded for ongoing use of the Licensed Software; it is not intended to be a substitute for professional services or training necessary for the implementation ar installation or system redesign of the Licensed Software. A11 other services, including without limitakian, on-site assistance, custam programming, database and neiwork administration, and cwstom designed reports and forms, may be fumished by FrontRange Solutions or your Authorized FrontRange 5olutions SP subject to staff availability, and at F'ronkRange Solutions' or the SP's then current rates and costs. Support does not include or pertain to any FrontRange Soiutions product� that are �ot part of the Licensed So[tware. (b) FrontRange Solutions will only provide support for each of the Licensed 5oftware far 18 months following khe f'rrst public release af said Licensed Software, or, in khe case of software products developed by FronkRange Solutions, for �ersions of the Licensed Software which are nat older than one release prior ko the lasted available Licensed Software version, whichever is longer, and pro�ided in any case that Customer and FrontRange Sol�tions are parties to a current maintenance and support agreement. (c) Support antitles you to assistance (as described above) with certified database products, ODBC cannections and B�E native drive cannections, if any, only as to issues that deal directly with the interFace 6etween the certified database software and the Licensed Software, or the set-up of khe conneciions to the Licensed Software. Suppori does not include database software, ODBC or BDE specific errors. (d) Except as otherwise pro�ided, 5uppart daes not include any of the following; (i) supporting datahase products, including without limitation, sei-up and configuration of database products; (ii) supporting khe Licensed 5aftware as it pertains to Customer's use of `Beta' level or non-tertified versions of database praducts; {iii) resol�ing network, workstation or environmental errors not directly related ta the Licensed Software; (iv) supporting any Licensed 5oftwar� on computers, workstations or ser�ers using 'Beta' level or non cerkifed versions of operating systems; (v) supporting the set-up nf stored procedures or triggers and replicatian of SQL databases; and (vi) supporting any Licensed Software being used in a manner #or which it was not designed. 12ev. Septetnh�r 2002 �nd-lFs�r Maintenance and Support Agreement (Indirect Sale) Page 2 uF 3 (e) 1t is your respansi�ility to make and maintain adequate back-ups. In no event will FrontRange Solutians 6e resQonsible for lost data. 4. TermlTermination. Maintenance and Support are affered an an annual basis only, and must he prepaid at the beginning of khe term, a� FrontRange Solutions' then current renewal rates and costs, Failure to pay FronkRange Solutions any amount due under this Agreement may result in suspension of your Maintenance and Support. If you renew your Maintenance and Support with �rontRange 5olutions in subsequent years by paying the applicable fee upon being invoiced, you agree to be subject to the same terms and conditions as contained in this Agreement or as otherwise agreed upon a# the time af rer�ewal. Orders for ad�itional products or licensed us�rs may increase your fees under this Agreement. ]t your Maintenance and Support is interrupted as a result of expiration or otherwise pursuant to the terms and conditions of this Agreement, a reinstatement fee will be charged to you if you decide to purchase another Maintenance and 5upport term. Such reinstatement fee wifl not exceed 11�% of the totaf amaunt of khe maintenance and support fees which Yo� would 1�a�e paid for the lapsed period. As pravided abo�e,�this Agreemenk will automakically terminate upon any termination of your corresponding EULA. lf FrontRange 5olutions breaches this Agreement, and such breach is not cured within one month after FrontRange 5olutions receives written notice of such breac�, you shall be entitled to receive a pro rata (based on the Term remaining after receipt of said written notice} amount of the monies paid under t�is Agreament. The foregoing s�al! be Customer's exclusive remedy for FrontRang� Solutions' breach of this Agreement. 5, Limited Warrantv and Disdaimer. FrantRange Solutions warrants that ihe prafessiana[ services and mainkenance and support seruices pra�ided to Customer under this Agreement shall be performe� with due care, and in a professional and workrnanlike manner. FrontRange Solutions does not otherwise warrant khe accuracy or completeness of s�apport servic�s provided pursuant to this Agreement. [N f�0 EVEN7, UN��R ANY THEQRY OF LAW, INCLllQING BU7 NO'f LIMITED T�, BREACM OF WARRANTY, NEGLIGENCE, OR OTHER TORT, SMALL �Il"H�f2 PARTY AND/OR IT5 AFFILIATES �� LIABLE TD THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDEI�TAL OR CONS��UEN7IAL aAMAGES OR LDST PROFIT5 ARISING OUT OF OR RELATED TO THIS AGI2EEMENT, EVEN IF A PARTY ANDIOR ITS AFFiLIA7�S ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. Se�erabilitv. If any of the provisions, or portions thereof, of the Agreement are in�alid or unenforceable under any applical�le statute or rule of law, the court shall reforrn the contract to incfude an enforceable term as elose to the intent of the original term as possible; all other terms shall remain unchanged. '1, Whole Aareement. This Agreement constitukes the entire agreement between you and FrontRange 5olutions related ta the subject mafter hereof, and all additions, amendments or modifications of this Agreement shall be binding upon the parties only if the same shall be in writing and duly executed by you and a duly authorized representaci�e of FrontRange 5olutions. THE TERMS AND CON�ITIONS OF ANY CORRESPDNDING PURCHASE ORDER RELATING TO THE LICENSED 50FTWAR�. OR MAINTENAiVCE AND SUPPOR7 AR�. ONLY BINDING C}N FRONTRANGE SOLIJTIONS IF THEY ARE AGREED TO IN WRl7fNG IN ACC�RDANCE WITH THE PRIOR SENTEiUCE AND IN A DOCUMENT OTHER THAN Th1E PURCHASE QRDER, 8. Miscellaneous, The waiver Qr failure of either party to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any furkher or future right under this Agreement. In the event you assign yo�r carresponding EUL.A to a third-party in accordance with the pravisions thereaf, you may assign this Agreement to the same third-party pro�ided that yau provide written notice of such assignment to �rontRange Solutions. FrontRange Solutions may h'eely assign this Agreement to a purchaser of khat portion of FrontRange Sofutions' business ta which this Agreement relates, to the survi�ing corporation in the event of a merger, ar�d to any affiliate or third-parly whom FrontRange 5olutions authorizes to pravide maintenance and support services for the Licensed Software of the nature conkemplated herehy. BY SIGNCI�G 7HI5 AGREEMENi, THE CUSTOMER ACKN4WLEDG�S THAT IT HA5 READ AND AGREES TO ALL 0� 7HE TERMS AND CONDITIQNS CONTAiM1[ED 1N THlS AGREEMENT. � � � Date: � % Signature (Required}: �� � I r Name: �- i��r r�' _ ., �� , 1. E. Title: . S� r�:� � �. /y K..;,� ;._„ _ . , `;,._,�r� �, Rev. September 2002 End-User Maintenance and Suppart Agreement (Indirect 5ale) Page 3 of 3 � � � W T � [ �Iliance Y��b"�����° �xhibit �: �R�FF�SION�eL S�RI/IC�� A�RI�I�I�IENi This Agreement is effective as af �ebruary 6, 2a03, betwe�n Alliance Technolagy and City of Fort Wort�, located at 10pD Throckmorton Fort Worth, TX 76102 by and through its duly autharized Assistar�t City Manager, ��ri" �j,���j�,� ��L ��' Under this Agreement, Alliance Yechnology represents that it has unique knowledge and expertise in kechnology consulting, implementation, and support ser�ices, and agrees to perform the work described in this Agreemeni for cansideration hereinafter set forth. Each party agrees that the obligations of each to the other will be perfarmed in accordance with the terms and conciitions sst forkh in the fiallowing paragraphs: 'i. l�naaaement and Sen+'sces. Alliance Technology and City of Fart agree that the following terms and canditions will apply ta services under this Agreement, or to any okher services that may be provided hereunder by Alliance •Technology �ia auihorized Addendum or Exhibit to this Agreemenk, or to any City af Fort Worth arder accepk�d by Alliance iechnology to pra�ide services. 2. Chan�es to 5tatements of Work Ordered. During the period of this Agreement, the Oirector of Infarmation TechnQlogy or his autharized representati�e (herein-afier Director) may alker, in writing, khe work specified in the Alliance,Technolagy Proposal �y issuing a Change arder. 7he Change Ord�r 9s vafid if the dolEar value amount authorized by khe Change Order accommodates all changes in work ko be performed and is mutually agreeable to the Director and Alliance Technology prior ko Aliiance 7echnofagy' acceptance nf the Change Order. 3. Pa�ments. Alliance Tecl�nology shall invoice City of Fort Workh far compensatian according to the agreed hourly rates and the amounts se# for#h in the Alliance 7echnology HEAT Cost Estimate (Exhibit C) and Ciiy af Fnrt Worth's f'urchase Orders and Change Orders. lnvoices will inelude a listing of all dates and hours during which Allianee Technology provided professional services. Profiessional Services io be invoiced every two wesks. Software and hardware ikems to be in�oiced upon acceptanc�. 4. Cancellation 8� Postaonement PolicV. 10% of the cansulting services fe� will be assessed if cancefed within 2 business days of the engagement. 5°/a of khe consulting services fee will be assessed if pos#poned within 2 business days of fhe engagement. Alliance Technology will mail in�oices to the following address: City of Forf Wor�h Attn: Information Technology Depa�kment 1040 Throckmorton Fort Warth TX 76102 City of Fort Worth agrees to pay Alliance Technology no later thaR thirty (30) calendar days after date of Alfiance Technology invoices. a��,�. "`"'" City of Fort Warth Prafessional Services Agreement page 1 �Iliance ���hrrelo��r 5. Alliance iechnoloa� Representative. Alliance Technology assigns Ke�in Engel as yaur primary Integration Consultant. This person is fully responsible for your system and satisfaction under the Professional Services Agreement. 6. Assianment of C�stamer Representative,. City of Fort Worth Information Technology Deparkment assigns Kate Yarhous� �o be liaison between Alliance Technology and City of Fort Warth Informa�ion Technology Depa�Ement. Calls regarding the Service Agreements from oti�er parties will be discouraged. See below chart for an expfanation of when surcharges will apply. 7. Terms of Aareement. 7his Agreement shall be effective from #he date signed by the Afliance Technology Integration Consultant and an authorized City of Fort Warth represantative and shall continue while Alfiance Technology provides t�chnology consulfir�g, implementation, or support services, or unless terminated earli�r, in whole or in part, as follows: Llpon mukual agreement of the parties, in writing. b. A# the option nf City of Fark Workh, if: (1) City of Fort Worth determines Alliance 7echnology's services are no langer required, including, but not limited to, the discontinuatian of in-progress +,vork assignments from City of Fart Warth Information Technolqgy Department, and City af Fort Worth Information Technology Deparkment has provided a minimum of thiriy (30) calendar days' natice, in writing, in advance of such discantinuation; or if: {2) 7he professional services furnished by Alliance Technology do not m�t quality guidelines established in writing by City of Fort Wor�h Informatian Technology Department and provided to Alliance Technalogy, in writing, prior to the start of any authorized assignment, and City of Fort Warth Information Technology bepartment has provided a minimum of thirty (30) calendar days' notice in aduance, in writing, describing such defects, and Alliance Technology daes not cure such defects within the 3D calendar days notice period. 8. Rates and Haurs. All rates in this Agreement are based upan services pravided during normal businass hours defined as Monday — Friday, Sam — 5prn CST. , S:QO AM ko 5:Q0 Weekend Au� ,.� PM AM 5aturday, 8:00 AM to 5:OOpm Sundays and National Holidays Contract Rate x 2(2 hr. minimum) Giky of Fart Worth Professiona! 5ervices Agreement page 2 Extencfed Monday through F'riday, 5:01 PM to 7:59 Contract Rate x 1.5 (2 hr. minimum} , , �Iliance ���h�����r b. Alliance 7echnology will not inciucie travel time for organizatians within a 45-mile radius of an Alliance Technology affice. For firms at a 46 mile radi�s ar greater from an AI[iance Technology office, kime will begin when an engineer feaves the office to your location and end whe� the engineer arrives 6ack afi our office. c. In the case �f Contract iT services, drive time charges will not apply. d. Tl�ere shall be added to the charges due an amounk equal to a[I taxes based upon all services, equipment, hardware, software, freight and other applicable charges. This includes all state and local sales and use taxes based on gross revenue, and any taxes or amount in lieu thereof paid or payable by Alliance Technolflgy in respeck to the foregoing. 9. Requests for Service. To request service, City af ForE Worth Informa#ion Technology Department shall call Allianc� Technology betweer� the �ours of B:Op a.m. and 5:00 p.m. CST; excluding published company halidays. For schedule adjustments, please cantact your Integration Consultant at 8�7-491-1379. If your Integration Consultant is not in the affice, you may contact him at 972-841- 3980 or leave a message after regular business hours. 10. Level af F�nawledae. While AlHance iechnology maintains a high ]�v�l of technical expertise, no single fiirm can know every produc# nor de�elop expertise in every praduct. Please refer to #he list ofi khe supported products and typical services that we will support und�r this agreement. 11, Pronrietan► Information. Drawings, data, designs, inventions, and any other technical informatian owned and supp�ied by City of Fork Worth shall remain City of Fort Worth's property and shall be used and held in confidence by Alliance Technalogy. Such informaiion shall not be reproduced, used, or disclased to others by Afliance Technalogy wi#hout City of Fort Worth`s prior written consent, and shall be rEturned fo Ciky of Fort Worth Information 7echno[ogy Department upon complekion by Alliance Technalagy of its opligations under this Agreement or upon demand. Any data and software (re�orts, drawings, saurce codes, efc.) generated by Alliance Technoiogy in fulfillment of any City of Fort Worth Purchase Order issued under fhis Agreernent shall be the property of City af Fort Worth Infarmation Technology []epartment. 1�. Communication anci Renortina. Alliance Technology shall, ai all time.s, keep City af Fori Worth Information 7echnology Department inforrned of Alliance Technology' prafessional services acti�ikies being performed under this Agreement by means af a format mutually agreeable ko khe Director and Alliance Technology. 5uch format may include telephone calls and conferences, eleckronic mail messages, andlor wrikten reporks in detail and frequency agreed to by both parkies at any time this Agreement is in efFect. 13. Access to Premises. Ciky of Fort Worth agrees to allow Alliance Technology service engineers, or its subcontracted service technicians, reasonable access to the premises and facili#ies where khe City of Fort Worth equipment is located. City of Fort Workh Informatian Technology Department agrees to provide an adjacent work area that includes adequate lighting, power ou#lefs, a telephone line and at least one data transmission line, if applicable, for kroubleshooking and testing cotrnmunications. 14. �eqreement Not To Mire. City of Fort Worth agrees that it shall not, during the term af this Agreement and for a period of one (1 } year following #erminatian, diractly or indirectly, by any means or device whatsoever, on behalf of City of Fort Worth or on behalf of, or in conjunction with, any parson, partr�ership, corporation, or other entity, induce, entice, or hire, or attempt #o hire or employ, or refer employment appartunities to, any employee or independenk conkractvr of Alliance 7echnalQgy, whether the proposed apportunity involves an employment, independent contractar, ar oth�r relationship. a���. '" C3ty af Fort Worth Professional Servlces Agreement page 3 �II iance T���������" 15. Coq�vris�hts. AI[iance 7echnology retains a11 rights, including copyrights, ta Alliance Technoiogy's praprietary technology consulting, implementatian, support, and project management methodologies. Allianc� Technology does not manufaeture any hardware ar software products, and as such, does not convey orjudge the copyrights or other rights �f any hardware or software products. The respeckive manufacturer gaverns the copyrighfs and other rights of any hardware or software products. 16. '�hird Partv Vendors. Ciky of Fork Worth agrees to honor all terms autlined in this agreement, without exception, including but not limited to ar�y delays or lack of delivered ser+rices from any third party vendors. When applicable, City of Fort Warth agrees ta execute the completion documents nok withstanding any third party delays. 17. Force IWaieure. Alliance Technology shall nat be liable for failure ta perform any of its o6ligations under this Agreemenk during any period in which such performance is delayed 6y accidents beyond Alliance 7echnology' reasanable cantrol, such as, but nat limited to fire, flood, or other natural disasters which are nof reasonably expected for the geograph9c area, or, embargo, court order, riot, ar otl�er interventian of any governm�nt authority, provided that Alliance Technalogy immediately notifies the Director of such delay. If Alliance Techno{ogy' perfarmance is delayed for these reasans for a cumuiative period of thirty {30) days or m4re fram the date af such nnkice, City of Fort Warth may terminate #his Agreement by giving Alliance Technology written notice. 1�. Warranties. Alliance Technology only resells other manufacturers' praducts anc! daes not manufacture any products. Any warranty for any prociuct sold by Alliance Technology will be fimited to the warranty pro�ided by the raspective manufaciurer. Alliance TecF�nalagy pro�ides no additional warrankies and rrsakes no other warranties, either expressed or implied, wiih respect tv any manufackurer's product. Alliance 7echnology will also assist City of Fort Warth Infarmation Department in obtaining and ensuring that �rarranty service from r�endors is satisfactory. It is the Gity of Fork Worth's obligation io pay for any vendor warranties, support agreements or software maintenance confracts {far version updates). 19. Vendor Liaison. Alliance Tachnology shall act as a liaison between City af Fart Worth and designated software and hardware manufacturer{s) for problem resolution. [n the event services are required from the manufacturer, it shall be the Ciiy of Fort Worth's respansibility to pay the manufaciurer for such services. In the e��nt a manufaciurer pro�ides Alliance Technology wikh a"fix" and Alliance Technoiagy installs such fix, upon Cify af Fork Wortn Information Technology Department request and AEiiance Technalagy acceptance, City o# Fort Worth will be billed by Alliance Technolagy for'such installakion service at iks then current hourly rakes and terms in effect. 20. Conditions of product Acceptance. Product deli�ered to Gity of Fort Worth by Alliance Technology pursuant ko this Agreement will become praperty af City of Fort Worth at the time delivery is accepted by a City of Fort Wor�h representative. 22. �isqutes. Any conkro�ersy vr claim arising out af ar relating to this Agreement shall be settled by arbitration in accordance with the rulss of the American Arb�trafion Associatron, and judgment upon the award rendered by the ar�itrakor(s) shall be sntered in any court ha�ing jurisdictian thereof. For that purpose, the parties hereto consent to the jurisdictian and venue af an apprapriate court located in Tarrant County, State of Texas. �3. �ntire Aqreement. This Agreement embodies the entire agreement bEkween the parties uvith respect to the subject matter hereaf and there are no induc�ments, promises, terms, conditions or ol�ligations made or eniered into by the parties, with respect to the sub�ect matter hereaf, other than as contained herein. Ao�� x'' City of Fort Worth Professiona[ 5ervices Agreement page 4 r . � " 1 r'' �1liance Y�c�r�ol�gp �olliance �echn�lo�' , � City of Fort 11Vorth . � � r�_ �! �!_ t''� .�� � r �� �. _s__�'°,� . $Y / `�_ _� Printed Name: Kevin Enge]`-�� Printed Name: Lib�y-�at o� C� A!� ��t� ����'� 1� � � 7itle: Consultant � �' � Date: ���� ---- � � Ti#le: Assistant Ciky Manager Date: - - � I 1 d �� � --- , � City af Fort Warih Professional Services Agreement page 5 .�.1����c� ��cl��o�o �� l�i��� �o�s�lt��.� Servi��s �`uston� Implementation Plan For C'�� �f '�'o�t Wo�°t1� ���orr�a�i�r� ���hn�I�� Depa�°�m�r�t �������� �I�tiici :.��r,iiii�+ �Cturaara ' r Ms. Kate Yarhouse City of Fort '�Torth Information Teclinology Department 1000 Throckmarton Fort Worth TX 76102 Dear Ms. Yarhouse: 12/27i2002 We are pleased tlaa� you have selected HEAT as the solution for your service desk/help desk. Alliance Technolo�y is dedicated to assisting you in every way possible to ensuxe a successful irnplementation of ihis product. The foll�vving represents an agreernent between A3liance Technnlogy and the Ciry of Fort Worth Inforn�ation Technology Departmen�. This Custom Iunplementation P1an outlines specific conditions and services to be provided. To ensure a productive and beneficial engagement, we reques� that you review the agenda for your 55-day engagernent (approximately). Three separate phases, Core HEAT ImplementaYion, Web Inierface Impleanenta�inn along with End-Usex and Administrator Trainings anticipated bein.g necessary to meet your needs. As an outcome of our nr�eetings, below is an initial Implem�ntation Timelin,e. This is a tool we use �luoughout the project as a guide to track pragress on each phase. Your completed HEAT Advanced Implementation Getting St��ied WarkBaok is utilized to refine the tameline and brealc eaeh phase into indi�ridual tasks. Please route any cnnc�rns ar questions with respect to the implementation or problems / features through the Robert Pierce. This rwi11 enable us to stay informed about your needs and desires. Once again, thank yau for allo�wing us to assist you with implernenting your HEAT system. Please let us l�ow if we can provide additional information ox assistance. Tha��k Yau, Kevin Engel CCDA, CCNA Copyrip_ ht Alliance Technology All Rights Reserved Last Updated: 12/30/2002 2:50:08 PM Page 2 Ta�►le of Contents Tabfeof Contents ........................................................................................................................................3 Overvievk.................................................................................................................................................... 4 Wha# to expeet firotn this package (the agtions are marked belo�vv) .............................................................4 Prerequisiiesdepending on options .............................................................................................................4 ImplementationTimeline ............................................................................................................................5 Task............................................................................................................................................................................e................................ 5 Design MeeCings held at various stages throughout the icnplementation .................................................................................... 5 SystemModif'tcatiQn and Upgrade .................................................................................................................................................... 5 DataClean Up & Importation ............................................................................................................................................................. S Coniigurationof Alert Monitnr .......................................................................................................................................................... 5 Con%guration of BPAM ...................................................................................................................................................................... S Configuration af Manager's Conso[e ................................................................................................................................................ S Configuration of AutoTicket Generator ............................................................................................................................................ 5 Installationand Configuration of ikT�AT? ...................................................................................................................................... 5 installation and Configuration of Web interface to HEAT? ........................................................................................................6 SystemDocumentation ........................................................................................................................................................................ 6 End-User T�aining Class ..................................................................................................................................................................... 6 AclminTraining ..................................................................................................................................................................................... 6 Hando�er Meeting ................................................................................................................................................................................6 Overview The Custorn Implementation package is designed for flexibility. Customers, vvha have limited intemal resources, require A1liance Teehnology to consult on business processes, implement and customize the�r HEAT systern, arld may wish to use more of the functionaiity of HEAT, should use this package. What to expect fronn this package (the opt�ons are marKed b�low} ,�s Design Meetings with a Certified HEAT Consultant .es Sysiem desigm and custamization ,es Upgrade to latest version of HEAT ,es Data Importation, if necessary .es Configura�ion o� Alert Monitor io meet initial cus�amer n�eds .es Configuration of Business Process Automation Module? (Bl'AM) to meet initial customer needs .es Configuration of Manager's Console to meet rnitial customer needs .es Canfigurarion of AutoTicket Generator to meet initial customer needs ,�s Installation and eonfiguration of iHEAT? to meet initial customer r�eds �s Installation and canfiguration of Web interface to HEAT? ,es End-User Tr�ining Class �s Adininistrator Training Class .es Installation and configuration of HEAT Plus Knowledge? (Not Planned} ,�s Installa#ion and configuration of HEAT Asset Trackear�? (Nati Plannec� .�s Handover Meeting Prcrequisites dependin� on options .cs Designatioa of ane person as the HEAT system ad�inistra�or .es HEAT needs fo be installed on a network server. If a cIient/server database is to be used, �e ODBC connectivity must have been tested with at least one warkstation. Consultant will need to install HEAT ta all appropriate worlcstations after the System Design Meeting ,�s Key service des�elp desk members available to decide on configuration and use of the HEAT system .�s Meeting room with white board and z�etwork access .�s Appropriate network, database, and e-mail adrs�inistrators available for the duration of engagenaent ,es Workstation for HEAT consultant with network access, internet access and phon� for developin� the HEAT system must be made available for the duration of engagement Copyrif_� ht Alliance Technalogy ALL Rights Reserved I.ast Updaked: 12f30120Q2 2:50:08 PM Page 4 Impjementat�an Timeline Task Design Meetistgs held at various stages thrnaghout the implementation ,es Team will discuss current business needs, including call-£low and processes as they xelate to the HEAT system. .es Meeting will Fo�us on the HEAT rldvanced Implementation C'retting Siarted T�arkbook. (Should be cnmpleted io the best of your abiiity before we arrive) .�s Allow time, as necessary, for meetings with Department Heads, Data6ase Managers, Web Developers & IT Network & Server Build Team, ete. 5ystem Madification and Upgrade vs lnstall H�AT system to latest versinn .�s Modification to che HEAT' system to meet the customer's business needs as discussed in th� design meeting. �s Including: o Sereen Customiaation & W ork Flow o Knowledge Base Tree Set Up, Importation and Con�guration o Creating call groups o Creating Au#o Tasks o Integration with your e-mail package o Integration with Insight Manager andJar Microsoft Operations Manager Data Clean Up & Importation .es Estimated to be less than 100,000 records. Coniiguraiion of Alert Monitor .�s Coniigure Alert Monitor to notify staff of new assignments and messages whether ornot they are logged inta HEAT. Configuration of BPAM .es Configure best praetice rules for automation and escalatian processes to enhance the effectiveness of the service desk/help desk. �s Current estimate based upon 45 �Usiness Rules and up to 3 actions per ruS�. Confignration af Manager's Consale .es Coniigure Manager's Console to gain real-time insight inta the status of your service desk/heip desk. ,�s G�zrrent estimate based ut�on 3Q metrics. Coniiguration of AutoTicket Generator �s Configure Auto Ticicet Generatpr to allow your customers to create, modify, or clnse their own tickets. Ps Current estimate based upon l� de�"initions. Installation and Cenfignrativn af iHEAT? ,es Install and configure iHEAT to giae your IT support analyst, technician, ar rnanager a Web browser interface with the same look and feel as your HEAT system. Owner All Consultant Durahon 3 8 hour aess'tana 12 1-haur sessions 80-ho urs Consultant S�aurs Consultant &hours Cansultant 15-hours Consultant 8-hours Consultant 16-hours Consultant 8-hours Copyright Alliance 'I'echnalogy A,11 Rights Reserved Last Updated: 12/30/2602 2:Sa;08 PM Page 5 Tnstallafio� and Cnnfiguration af Weh inierface io HEAT? e� Install and con�'igure Web interface to HEA T to allow your customers to get help they need for many common prnblems without contacting the service desk/help desk. �s Develop Web Approval for Departmental Managers. To tie into Aecounting 5ystem Interface. System Dacu�nenEation .es Campile DocumenEation and �creen Shots Necessary to Reareate in the event of a disaster. .es Create handover dacument outlining the system design, �nd-User T'raining Class �s Prepare Custom Training Materials (8-hours) .�s Have our Certified HEAT consultant teach up to 24 af your service desklhelp desk memhers the care Feafures and functionality of Gall Logging, Alert Monitar, and the �'irst L�ve� 5uppart modules. (Two lfrhour sessions} .es Topics Include: Call Logging forms and structure Creating and editing call records Creating and editing call groups SupportMail messaging capabilities and Alarms Alcrt Monitor First Le�el Support User Prefer�nces Table Maintenance iHEAT/HSS Overview Admin Training ,�s Pr�pare Custom Training Materials (8-hours) �s Have our Certi�ed HEAT consultant teach up to 8 of your set�viae desk/helg desk managers the core features and functionaliiy of Call Logging, Alert Monitor, and the First Level 5upport modules. {One 32 hour session) .¢s Topics [nclude: Editing Call Logging forms 1 table structure Creating and editing Quick Tasks Creating and editing call graups BPAM capabilities and Alarms Install & Con�iguring Alert Monitar First Levei Supgart 1 Knowledge Trees 1 Import Establishing User Pre%rences Table Maintenanca / Archive Fiies Edit Sets Consultant 160-haurs Consultant 16-hours Consujtant 40-hours Consultant Handover Meeting Consu[tant �s Meet to review system status, review system documentation and provide direction for future system requirements. 40-hours 8-houxs Estimated On-Site Time: 11-Waeks Copyright Alliance Technology All Ftights Reser�ved Last Updated: 32/30/2002 2;50:08 PM Page 5 HEAi Co�� Es�imate �Iliance �` ���������� January 15, �oos � 222'� Briary Trace Couri _ _ Lewisville TX 75077-1749 ' �` �� �������� KevinEngel (972)841-3980 �4�4i;� o�i�y+�ni�¢y >u4�r+ifJN3 �,,. 1�. 1 Q00 Throckmbrton Port Worth TX 75102 Attn: Kate Yarhouse Kate, thank yau far gi�ing Alliance Technology the opportunity ta �rovide pricing to update your support centsr to HEAT. Please find below pricir�g for the items we d�scussed �ast week. �escription I�ist Pri�e Di�cou�� �"�t�� 5����±� a r� HEAT 2� I�iEAT �0 Licer�ses �43,666.80 50% �2'1,833.�+0 (City increase from 2D to 5D Licenses & reflects Tivoli Trad�In) HEAT Setf-Service — per server licensing $7,50Q.00 $7,�O�AO ��lafnta!����c� and ��c�?��i�a! �up�o�t ���°IQ oi �Rs� �:i��} 1-Year HEAT SeIfTService $1,500.00 $1,50Q,OQ 1-Year HEAT 30 licenses & 30 iHEAT licenses $8,733_36 ��,733.36 I�p�em�na#ion �nd Tr�ir�ing 60-�ay On�Site Implemen�ation, �onsultin� & System iG$4,000.00 �84,000.00 Documerrtation {Upon project compietion, Alliance Technology provides phone support an an as needed basis; one hour included for up to 30 days. After fhat, phone & email support will be billed at $1251hr. in 15 minute increments and on-site support at $1,4QOlday) 5-Day On-Site HEAT End-User Training $7,OOQ.�O $7,000.00 5-Da_y On-Site HEAT A.�minEstrator Trainina $7,OD0.00 $7,OQ0.00 1��±�� in�l��es �h� f�l���ir,� f���ur�s �� no ���it���a�l cos#: Call Logging Module I Call Map Crystal Reports & Answer W'izard Auta Ticket Generation from VIM or MAPI e-mail First Le�el Suppor� HEAT Alert & MobileHEAT Statis�ics Monitor Administration Module Bi-directianal Communication with E-mail Paging Module Direct links to PC NetCensUs and MS SM5 Business Process Automation Modu[e Validation of SQL Databases Auta Escalation 1 HEATBoard Configurationl Asset Tracking Quick Calls & Call Templates Maintenance includes any upgrades andlor new releases for the HEAT for Windows product. HEAT annual maintenance agreement provi�es you with unlimited tol�-free phone support from Frontage's technical support staff. Alliance Technology is a Qualified Information Systems Vendor {QISV) vID#�ass3��ass�oo Tax �x�mpfi �o�al lnvesfinent � $137,�66.i6 Terms: net 30 ihis offer is effecti�e through February 15, 2043 and is to remain confidential. Prices may change if offer is not accepted by that date. HEAT ir�cfudes a money back sai�is�ac�i�n guarantiee for 60 da�s �rom da�e o� �urchase. �'ity o�'�'ori W'o�ih, T�ex�s �����s a�d ���r��;� �,��m�n�c��;�r� DATE R�F�R�NCE [ViIfv1BER LOG NAME PAG� 2/4103 *���9'�4� 0003-0017 1 af 2 su�J�cr pURCHASE AGREEMENT WITH �4��,[A�I�E T��H�O�O�1�' FaR Gl1ST�MER SERVICE MANAGEMENT SO�TWARE AND MAINTENANCE FOR THE INFORMATION TECHNOLOGY SO�.UTIONS DEPARTMENT RECOMMENDATION: It is r�commended that �he City Council: 1, Aufihorize the purchase �f sofiware, system installation services and t�aining for HEAT, a customer service management system from Alliance Technology for use by the �nformati�n Technology Solutions Department for an estimated cost of $127,334 using the State �f Texas catafogue purchasing procedures; and 2. Autharize the purchase of yearly software maintenance from Al�iar�ce Technolagy with a firsi year cast of $10,234; and 3. Authorize the yearly saftware maintenartce agreemen# �o begin February 4, 20D3, and expire February 3, 2004, with options to renew for four successi�e one-year periods. DISCUSSION: The Information Technofogy (iT) Solutions Department currently has a custamer service safiware system that is obsal�te k�ecause its care products are na longer made or supported. The customer service sy�tem irtc[udes problem management, customer requ�sts and asset manag�ment compon�nts. Th� serv�c� sysfem is a l�ey element for the IT Salutions Department, suppor� �f cus#amer departme�ts. Withaut on-going mainfenance for the curreni system, ihe IT Solutions Department needs to replace the software with a system that is rabust and can be easily customized �or the uniqc�e aspects of the City. Three Qualified Informatian Systems Vendor {QISV) software firms, Alliance TechnalogylHEAT, Compufer Assaciates and Network Associa#eslMagic were asked to submit praposals for e�aluation. Each vendor submitted proposals and each presented two product demonstrations ta City staff. The software systems were e�aluated on the basis of product functionality, ease of use, ease af implementatian and cos�. Wh�n the products were being evaluated, staff from the En�ironmental Management Department were included as part af the proc�ss, because the Solid Waste Management ❑ivision also needed a customer management system far their customer support artd cap center. The Enuironmental Management staff and IT Soluiians Department staff both agreed that the HEAT praduct was th� best salufion for �he Cifiy's needs. On December 1i, 2002 {M&C P-9729), #he City Council appro�ed the purchase afi software licenses, maintenance arid installaiion services for the Solid Waste Customer Management System. The cost comparison was foased on the purchase of concurrent user licenses, installation, testing and user training. The maintenance pricing is based on the number of concurrent user licenses and annual technical suppart, Additionally, ihe Ciiy will benefii from the fact that similar cusfomer support system software is instafled in more than one departmenf. �'ity of '�'o�t Wo�th, T'exas ���� ��� �����;� ����c�����rt��� DATE REFERENCE I�lUMBER LOG NAME 21�4103 **��9'��,� 0003-00 � 7 PAG E 2 of 2 �uB.��cT PURCHASE AGREEMENT WITH ALLiANCE TECHNOL.�GY FOR CUST�MER SERVICE MANAGEMENT SOFTWARE AND MAINTENANCE FOR THE INFORMAT[ON TECHN�LOGY S4LUTIONS DEPA[�TMENT The largest cos# e[ement af the �ew customer managemeni system is ihe cast of customization and insfallation. The quofie from Alliance T�chno[ogy allows for 60 days of consulting, customizing the installat�on and documen#afion. If addifional time for instaClation is needed, Alliance Teehnology Fras provided a quote on a per day basis. The various cost components for the custamer suppart center system are as follows: 0 30 Software Licenses o Web Server License • Custom Implementation • Training � Annual Maintenance and Support Total $ 21,83�4 $ 7,5QQ $ 84,DDfl $ 94,Q00 $ 10.234 $93'T,��a� Alliance Technology is designated as a QISV by the State ofi Texas. Under 5ection 271.083 of tE�e Texas Lacal Go�ernmeni Code, a loca[ government satisfies otherwise applicable �idding requiremeRts when it makes a purchase thraugh th� Texas Building and Procurement Commission catalogue purchasing procedure as estab[ished by Sectian 21 �7.061 af the Texas l.ocal Gov�rnm�nt Cad�. TY�� Ci�y will camply with that procedure far the purchase agreeme�t under #his Mayor and Cour�cil Cammunicatior�. MNVBE - A waiver ofi the goal for MNVBE subcontrac�ing requirements was reques#ed by the Purchasing Division and approved by tha MIWBE Office because the purchase of gaods and services is from sources where sufocontracting or supplier opportunities are negligible. RENEWAL OPT�ONS — The maintenance agreement may �e renewed far up to faur successi�e one-year terms at fhe City"s flptior�. This action does no# require specific City Councif appro�al pro�ided that the City Council has appropriated sufficient funds ta satisfy the City's obligatians during the renewal term. FISCAL INFORMATIONICERTIFICATION: The Finance Directar certifies that funds are availabl� in the current operating budg�t, as appropriated, of the Informa#ion Systems Fund. CB:r BQ Nf0003�0017NVW Submitted for City Manager's Dffice by: Charles BD5well Qriginating Department He�d: Tim Keyes David Millar Additianal Informstian Cont�ct: Roberts Combs David Miller I FUND � nccourrT � � �t0� 6183 � 8517 I {from) 8450 P168 53710D 8357 � 8450 � CE1V1'Eli I AMOUNT 00490�d $9 37,568.OQ CITY S�CRETARY APPRQVED 2/4/03