HomeMy WebLinkAboutContract 28463r
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�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
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Printed Narne: Kevin En e . Printed Name: ��jr���w'-
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Title: Gonsulta�t
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All�ar�ce Technology
2221 Briary Trace Court Lewisville Texas 7507T-1749
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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.
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Name: �- i��r r�' _ ., ��
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Title: . S� r�:� � �. /y K..;,� ;._„
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Rev. September 2002 End-User Maintenance and Suppart Agreement (Indirect 5ale) Page 3 of 3
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�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