Loading...
HomeMy WebLinkAboutContract 41839 CITY SECRETARY L4 i t3 p1 NETWORK ACCESS AGREEMENT CONTRACT NO. This NETWORK ACCESS AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a home rule municipal corporation with its principal location at 1000 Throckmorton Street, Fort Worth, Texas 76102, organized under the laws of the State of Texas and situated in portions of Tarrant, Denton and Wise Counties, Texas, and eBusiness 1 with its principal location at 7510 Hornwood Dr., Ste 1607, Houston, TX 77036, ("Contractor"). 1. The Network. The City owns and operates a computing environment and network (collectively the "Network"). Contractor wishes to access the City's network in order to provide a vendor demonstration of court management software. In order to provide the necessary support, Contractor needs access to one computer to be desginated as the "HyperForms server," one computer to be designated as a test workstation and 10 computers to be designated as demo workstations. 2. Grant of Limited Access. Contractor is hereby granted a limited right of access to the City's Network for the sole purpose of providing a vendor demonstration of court management software. Such access is granted subject to the terms and conditions forth in this Agreement and applicable provisions of the City's Administrative Regulation D-7 (Electronic Communications Resource Use Policy), of which such applicable provisions are hereby incorporated by reference and made a part of this Agreement for all purposes herein and are available upon request. 3. Network Credentials. The City will provide Contractor with Network Credentials consisting of user IDs and passwords unique to each individual requiring Network access on behalf of the Contractor. Access rights will automatically expire one(1) year from the date of this Agreement. If this access is being granted for purposes of completing services for the City pursuant to a separate contract, then this Agreement will expire at the completion of the contracted services, or upon termination of the contracted services, whichever occurs first. This Agreement will be associated with the Services designated below. ® Services are being provided in accordance with City Secretary Contract No. 35728. ❑ Services are being provided in accordance with City of Fort Worth Purchase Order No. ❑ Services are being provided in accordance with the Agreement to which this Access Agreement is attached. ❑ No services are being provided pursuant to this Agreement. 4. Renewal. At the end of the first year and each year thereafter, this Agreement may be renewed annually if the following conditions are met: 4.1 Contracted services have not been completed. 4.2 Contracted services have not been terminated. 4.3 Within the thirty (30) days prior to the scheduled annual expiration of this Agreement, the Contractor has provided the City with a current list of its officers, agents, servants, employees or representatives requiring Network credentials. Notwithstanding the scheduled contract expiration or the status of completion of services, Contractor shall provide the City with a current list of officers, agents, servants, employees or representatives that require Network credentials on an annual basis. Failure to adhere to this requirement may result in denial of access to the Network and/or termination of this Agreement. 5. Network Restrictions. Contractor officers, agents, servants, employees or representatives may not share the City-assigned user IDs and passwords. Contractor acknowledges, agrees and hereby gives its authorization to the City to monitor Contractor's use of the City's Network in order to ensure Contractor's compliance with this Agreement. A breach by Contractor, its officers, agents, servants, employees or representatives, of this Agreement and any other written instructions or guidelines that the City provides to Contractor pursuant to this Agreement shall be grounds for the y to deny Contractor access to the Network and Contractor's Data, terminate the Agreemen , ��e R remedies that the City may have under this Agreement or at law or in equity. CITY SECRETARY FT. WORTH,TX Vendor Network Access Agreement 6. Termination. In addition to the other rights of termination set forth herein, the City may terminate this Agreement at any time and for any reason with or without notice, and without penalty to the City. Upon termination of this Agreement, Contractor agrees to remove entirely any client or communications software provided by the City from all computing equipment used and owned by the Contractor, its officers, agents, servants, employees and/or representatives to access the City's Network. 7. Information Security. Contractor agrees to make every reasonable effort in accordance with accepted security practices to protect the Network credentials and access methods provided by the City from unauthorized disclosure and use. Contractor agrees to notify the City immediately upon discovery of a breach or threat of breach which could compromise the integrity of the City's Network, including but not limited to, theft of Contractor-owned equipment that contains City-provided access software, termination or resignation of officers, agents, servants, employees or representatives with access to City-provided Network credentials, and unauthorized use or sharing of Network credentials. 8. LIABILITY AND INDEMNIFICATION.CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ALL DAMAGES THAT THE CITY MAY INCUR DIRECTLY ON ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DAMAGES THAT CONTRACTOR MAY INCUR AS A RESULT OF THE CITY'S RESTRICTIONS TO OR DENIAL OF ACCESS TO CONTRACTOR'S DATA ON ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY CONTRACTOR, ITS OFFICERS,AGENTS, SERVANTS OR EMPLOYEES,OR FOR ANY REASONABLE SECURITY MEASURES TAKEN BY THE CITY. IN ADDITION, CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, AND ALL CLAIMS, DEMANDS AND JUDGMENTS THEREFOR, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES. CONTRACTOR, AT CONTRACTOR'S OWN COST OR EXPENSE, HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES FROM AND AGAINST ANY CLAIM, LAWSUIT, DEMAND OR OTHER ACTION TO THE EXTENT THAT THE SAME ARISES FROM THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 9. Confidential Information. Contractor, for itself and its officers, agents, employees, and representatives, agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Contractor further agrees that it shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Contractor shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. 10. Right to Audit. Contractor agrees that the City shall, during the initial term, any renewal terms, and until the expiration of three (3)years after termination or expiration of this contract, have access to and the right to examine at reasonable times any directly pertinent books, data, documents, papers and records, both hard copy and electronic, of the Contractor involving transactions relating to this Agreement. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. Contractor further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, during the initial term, any renewal terms, and until expiration of three (3) years after termination or expiration of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, data, documents, papers and records, both hard copy and electronic, of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and Vendor Network Access Agreement eBusiness 1 Rev 1-1,21 I i appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. 11. Agreement Cumulative. This Agreement is cumulative of and in addition to any written contracts, agreements, understandings or acknowledgments with the City signed by Contractor. This Agreement and any other documents incorporated herein by reference constitute the entire understanding and Agreement between the City and Contractor as to the matters contained herein regarding Contractor's access to and use of the City's Network. 12. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by an authorized representative of both the City and Contractor. 13. Assignment. Contractor may not assign or in any way transfer any of its interest in this Agreement.Any attempted assignment or transfer of all or any part hereof shall be null and void. 14. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 15. Force Maieure. Each party shall exercise its best efforts to meet its respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 16. Governinq Law/Venue.This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 17. Signature Authority. By affixing a signature below, the person signing this Agreement hereby warrants that he/she has the legal authority to bind the respective party to the terms and conditions in this agreement and to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. ACCEPTED AND AGREED: CITY OFF T WORTH: eBusiness 1: By: By: ftarles Daniels Name: Kenneth J.flarper Assistant City Manager Title:Chief Executive Officer/Chief Technical Architect Date: 06. 0-1 // Date:March 28, 2011 T: - ATTEST: By: 1/l By: Marty Hendrix Name:Ronald J.McFarlane City Secretary Title:Vice President-Sales and Marketing APPROVED O FORM AND LEGALITY: a cr°t *010 nail OFFICIAL RECORD '*-000000,0i a ° p��� CITY SECRETARY Vendor Network Access Agreement p � o���� Tx WO eBusiness 1 ° Oro a.�. Rev_ 12 21/2010 o � d4�a Assistant City Attorney M&C: none required Vendor Network Access Agreement 4 eBusiness 1 Rev 1 1:'ti 1 i l APPLICATION SOFTWARE SUPPORT AGREEMENT FOR MUNICIPAL COURT INTEGRATED CASE MANAGEMENT SYSTEM CITY SECRETARY CONTRACT NO.=� � ARTICLES OF AGREEMENT THIS AGREEMENT, ("Agreement") is entered into by and between the City of Fort Worth, a home-rule municipal corporation situated in Tarrant, Denton and Wise counties, Texas, located at 1000 Throckmorton Street, Fort Worth, Texas, hereinafter referred to as the"City;" AND MAXIMUS,Justice Solutions Division,a Virginia corporation with its principal offices located at 5399 Lauby Road, Suite 200, North Canton, Ohio, hereinafter referred to as"Company." RECITALS WHEREAS, Company is experienced in the implementation and support of data processing systems and CourtView®application software, hereinafter referred to as"Systems;"and WHEREAS, pursuant to City Secretary Contract ("CSC") No. 29707, Company has provided the City with Systems as described in Schedule A of this Agreement; and WHEREAS,Company offers ongoing support services to the City; and WHEREAS,the City desires to utilize said services; and NOW,THEREFORE,the parties agree as follows: DEFINITIONS City shall mean all employees, officials, agents, representatives, or servants of the City of Fort Worth. Company shall mean all employees, officers, directors, agents, representatives, contractors, and subcontractors that provide services to the City pursuant to this Agreement. System shall mean all software and hardware created by or for the City to be utilized under this Agreement. 1. SERVICES TO BE PROVIDED Company shall provide application software support services to the City more specifically described in Schedule B of this Agreement. 2. TERM This Agreement shall commence on January 1, 2007 and expire on December 31, 2011 ("Initial Term"), for the following software application systems: 1) CourtViewO Case Management Module j ` f 7-, ' Application Software Support Agreement ?y:: Maximus Justice Solutions/City of Fort Worth Page 1 of 19 — d) Schedule C-Time and Materials Rates e) Schedule D—Company Observed Holidays fl Schedule E—Escrow Agreement All documents as outlined in this Section 4 are attached hereto and incorporated into this Agreement for all purposes. If there is a conflict between any of the attachments and this Agreement, this Agreement controls. If there is any conflict between this Agreement and CSC No. 29707, then CSC No. 29707 controls. S. ENTIRE AGREEMENT This Agreement, together with all documents referenced herein, comprise the complete and entire agreement between the parties and may not be altered or amended except as agreed to In writing by both parties, making specific references to the provision to be altered or amended. Any such writing altering or amending the agreement between parties must be executed by a duly authorized official of the City and by a duly authorized officer of Company. 6. CITY RESPONSIBILITIES The City shall support and assist Company in identifying and clarifying problems encountered by the City and shall make available source documents or data files as may be necessary to isolate or replicate a problem condition. The City shall provide Company with access to City facilities and the computer equipment as required in the performance of these tasks described herein, including access after normal working hours and on weekends. The City shall provide City personnel as necessary to provide such access or to maintain security of the facility as deemed appropriate by the City. The City shall, within thirty (30) days of the execution of this Agreement, at its own expense, grant remote telephone access to the City's computer system through a 56kb or T1 phone line. Such access shall be subject to and governed by the City's security policy on outside connections and access to the City's systems as agreed to in the Limited Access Agreement (LMA)executed on May 24, 2004 and styled as CSC No.29991. 7. COMPANY RESPONSIBILITIES Company shall perform in a professional manner in providing services to the City and shall provide knowledgeable personnel experienced with the software installed at the City's site. City shall not be required to compensate Company for services provided to the City by employees or subcontractors of Company, which fail to satisfy the standards set forth herein. The City reserves the right of rejection on any project personnel provided by Company. Replacement personnel shall be provided in a timely fashion. Company shall safeguard any materials provided by the City in the performance of this Agreement in a manner as prescribed by the City. In lieu of specific guidance from the City, Company shall take reasonable care as to prevent unauthorized disclosure of the City's information. Application Software Support Agreement Maximus Justice Solutions/City of Fort Worth Page 3 of 19 12. WARRANTIES A. SERVICES Company warrants that Company shall provide such support services as shall permit the software to perform in accordance with industry standards and Company published documentation, and Company further warrants that it shall provide qualified personnel to perform the support services. B. SOFTWARE Company shall only be responsible to correct software defects in or resulting from software supported during this Agreement as listed in Schedule A which are submitted to it in writing during the Agreement period. Oral notification or generalized complaints shall not constitute notice under this Agreement. Company warrants that it will correct software defects. Software defects shall be defined as failure of the software to perform functions as identified in documentation supplied by Company. C. CITY MODIFICATIONS City shall inform Company in writing of any change to or modification of any of Company's software which it desires to make or has made. Company is not responsible for any errors or defects caused by modifications made to Company's software by the City. Correction of such errors or defects by Company shall be at the time and materials rates specified in Schedule C. Company does not guarantee that new releases or versions shall operate as designed if City has altered Company software. D. CITY NEGLIGENCE Company shall not, at any time during the period of this Agreement, be required to correct any defects in any Company software caused by City's negligence, improper installation or operation of Company's software. 13. LIABILITY/INDEMNIFICATION COMPANY COVENANTS AND AGREES HEREBY TO BE LIABLE TO THE CITY AND TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES HARMLESS AGAINST ANY CLAIMS, LAWSUITS, OR ACTIONS BY THIRD PARTIES ARISING UNDER THIS AGREEMENT FOR PROPERTY LOSS, PROPERTY DAMAGE AND OR PERSONAL INJURY, INCLUDING DEATH, TO ANY PERSON, TO THE EXENT CAUSED BY THE NEGLIGENT ACT(S), OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF COMPANY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, OR SUBCONTRACTORS. CITY AGREES THAT COMPANY'S TOTAL LIABILITY TO CITY FOR ANY AND ALL DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT FOR ANY CAUSE, INCLUDING BUT NOT LIMITED TO CONTRACT LIABILITY OR COMPANY NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY SHALL NOT, IN THE AGGREGATE, EXCEED THE TOTAL AMOUNT OF FEES PAID TO COMPANY UNDER THIS AGREEMENT. Application Software Support Agreement Maximus Justice Solutions/City of Fort Worth Page 5 of 19 (b) Any failure on part of the City to request required insurance documentation shalt not constitute a waiver of the insurance requirements. (c) A minimum of thirty(30)days notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten (10)days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Company's insurance policies. Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, copy to the City Attorney at the same address. (d) Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. (e) In lieu of disclosure of Company's deductibles, the City reserves the right to request a copy of Company's latest audited financial statement or a letter of credit in order to determine Company's financial capacity. Such financial statements or letters of credit must be acceptable to the City. (f) The general liability, automobile liability and worker's compensation policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the work performed under this Agreement. (g) The City shalt be entitled, upon its request and without incurring expense, to review the Company's insurance declaration page(s) including endorsements thereto and, at the City's discretion, the Company may be required to provide proof of insurance premium payments. (h) The Commercial General Liability insurance policy shalt have no exclusions by endorsement that would otherwise change the City's insurable interest or coverage. (i) In lieu of tail coverage, should a malfunction, system failure, or an incident that may give rise to a claim occur, the Company shalt report the incident to their insurance carrier during the policy period. (j) The City shalt not be responsible for the direct payment of any insurance premiums required by this Agreement. It is understood that insurance cost is an allowable component of Company's overhead. (k) Subcontractors to the Company shalt be required to maintain the same insurance as is maintained by Company or a reasonable equivalent. Company shalt provide City with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subcontractor's insurance coverage is canceled or terminated, such cancellation or termination shalt not constitute a breach by Company of the Agreement. 15. EMPLOYMENT LAWS/NON-DISCRIMINATION Company shalt comply with all applicable provisions of Federal, State, and local taws, rules, and regulations regarding employment. If the City notifies Company of any violation of such laws, ordinances, rules or regulations, Company shall immediately desist from and correct the violation. Company, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Application Software Support Agreement Maximus Justice Solutions/City of Fort Worth Page 7 of 19 23. NOTICES Except as otherwise expressly provided herein, any notice required or authorized to be given shall be deemed to be given when mailed by certified or registered mail, postage prepaid, and received as evidenced by a delivery receipt, addressed as follows: if to the City: Jackie Mitchell, Acting Director Municipal Court City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 if to Company: Frank Tait, President MAXIMUS—Justice Solutions Division 5399 Lauby Road, Suite 200 North Canton, Ohio, 44720. 24. TERMINATION City shall have the right to terminate this Agreement upon thirty (30) days written notice to Company. Thirty(30) days after receipt of such notice by Company, this Agreement shall be considered terminated without further obligation of the parties, except for payment by the City for all services rendered and materials furnished up to the effective date of termination. The Company may terminate on thirty (30) days notice for nonpayment, if payment is not cured within thirty days from the date of the notice. After the initial term, Company may terminate on thirty(30)days written notice. If for any reason, at any time during any term of this Agreement, or during any renewal term, the City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate this Agreement without penalty to be effective upon (1) expiration of thirty (30) days following delivery by the City to Company of written notice of the City's intention to terminate or(ii) the last date for which funding has been appropriated by the City Council for the purposes set forth in this Agreement, whichever occurs first. Upon termination, the City shall have the right to obtain the source code(s) from Company necessary to operate the system in accordance with the terms of the escrow agreement. City shall retain the right to reload and operate all software created by the City for this system or created by Company for use on this system pursuant to this Agreement or to CSC No. 29707. 25. RENEWAL After the expiration of the initial term, this Agreement may renew annually for a period of twelve (12) months provided that funds have been properly appropriated for such renewal. Should City not wish to renew this Agreement, City shall notify Company in writing at least thirty (30) days prior to the expiration of the current renewal term. If in any renewal period Company upgrades its current system to a system that the City does not wish to upgrade, City shall have the option to continue running its current system, and Company agrees to provide continued maintenance and support services for the City's current system for the life of this Agreement. 26. WAIVER The failure of the City or Company to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Company's respective right to insist upon appropriate performance or to assert any such right on any future occasion. Application Software Support Agreement Maximus Justice Solutions/City of Fort Worth Page 9 of 19 .i.�- •:!?'iii ' I TNESS W RE F, th rties have executed this Agreement in duplicates hereof this the day of 2007. MAXIMUS: WITNESS: By: By: Frank Tait Name: C ua President-J Solutions Division Title: e Date: WIV5 Date: CITY OF F T RT ATTEST: By: By: l 1 Joe P i g Marty Hendri Assist Cit an r ((City Secretary Date: �� Date: `�`' r %-/ i APPROVED AST FORM AND LEGALITY: CONTRACT AUTHORIZATION: M&C: G-15785; Date Approved 7/17/07 Maleshi B. Farmer Assistant City Attorney Date: �7.0 L-f- 1 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Application Software Support Agreement Maximus Justice Solutions!City of Fort Worth Page 11 of 19 SCHEDULE B SERVICES UNDER THIS AGREEMENT 1. SUPPORT SERVICES Company shall furnish City with the following services: A. Application software support services for the Products identified in Schedule A. Services available include procedural and technical assistance in troubleshooting and resolving problems/questions associated with the application(s). B. Application software warranty is extended as part of this Agreement to include the correction of software defects. Software defects shall be defined as failure of the software to perform functions as identified in documentation supplied by Company. C. City may desire to have additional modifications or minor enhancements performed; the fees for these services shall be in accordance with the time and materials rates contained in Schedule C of this Software Support Agreement. Specific services include requirements analysis, preparation of functional and programming specifications, software development, testing, documentation, installation, file conversion, training, and help desk support. Company shall provide an estimate of cost prior to performing any of the above services. Company is available to perform these modifications within the scope of this Agreement or under a separate agreement. D. Product enhancements developed by Company shall be made available to City as an update to the current Product version. Should City desire to implement these updates, City would not be charged for additional license fees and release documentation and remote installation of said updates, but would be charged for the on-site installation and training of City personnel on the update. Company shall provide an estimate of cost prior to performing any of the above services. E. New releases of the Product are made available periodically which include major and significant technical updates and functional improvements. These new Product releases shall be made available to City. New Product releases will be provided without any additional application software license fees or charges for documentation. There may be implementation charges for time incurred in on-site installation, training of City personnel, and file conversion of City's database, hardware and third party software. Company shall provide an estimate of cost prior to performing any of the above services. F. Legislative Updates which require modifications to the Software in order to maintain the existing functionality of the Software listed in Schedule A and which result from changes to the laws, regulations or rules of the State of Texas, or of the Texas State Rules of Court, will be provided in accordance with the terms and conditions set forth below. Modifications required by changes to local court rules will be provided to the City at no additional cost. The City shall timely notify Company in writing of all required Legislative Updates. The notice shall contain a summary of the modification identifying the application(s) and function(s) to be modified as well as detailed specifications of the required change(s). City shall also provide a complete text, including effective date, of the legislation and/or order mandating the modification(s). Application Software Support Agreement Maximus Justice Solutions/City of Fort Worth Page 13 of 19 A. Payments of the fees specified in the invoices shall be made by the City in accordance with the provision of Section 3 of this Agreement. B. Invoices for additional services that have been requested by the City shall also be submitted to the City for payment. These additional services shall be billed at Company's prevailing time and materials rates as specified in Schedule C unless otherwise specified. Application Software Support Agreement Maximus Justice Solutions/City of Fort Worth Page 15 of 19 SCHEDULE D COMPANY OBSERVED HOLIDAYS NEW YEAR'S DAY MARTIN LUTHER KING, JR. DAY PRESIDENT'S DAY MEMORIAL DAY INDEPENDENCE DAY LABOR DAY VETERAN'S DAY THANKSGIVING DAY DAY AFTER THANKSGIVING CHRISTMAS DAY *EMPLOYEES HAVE OPTION OF SELECTING EITHER VETERANS DAY OR THE DAY AFTER THANKSGIVING Application Software Support Agreement Maximus Justice Solutions i City of Fort Worth Page 17 of 19 �_ 1 FLEXSAFE BENEFICIARY ENROLLMENT Account Number 1021007-01001 Pursuant to the FIexSAFE Escrow Agreement ("Agreement") between MAXIMUS, Inc. as assignee of Crawford Consulting, and Iron Mountain as successor to DSI Technology Escrow Service, Inc., Depositor hereby enrolls the following as a FIexSAFE Beneficiary: Notices and communications to FIexSAFE Invoices to FIexSAFE Beneficiary should Beneficiary should be addressed to: be addressed to: Company Name: City of Fort Worth Fort Worth Municipal Court 1000 Throckmorton Street Fort Worth, Texas 76102 Designated Contact: Municipal Court Director Telephone: (817) 392-6760 Facsimile: (817) 392-6702 E-Mail: Jackie.mitchelli D-fortworthgov.org MAXIMUS, Inc. DSI Technology Escrow Services, Inc. Depositor By: By: Name: Name: Title: Title: Date: Date: Application Software Support Agreement Maximus Justice Solutions/City of Fort Worth Page 19 of 19 i t FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Special Trust Fund, Municipal Court Technology Project. TO Fund/Account/Centers FROM Fund count/Centers FE72 539.120 038535010000 $466.500.00 FE72 539120 038535010000 $466.500.0_0 FE72 431038 038535010000 $466.500.00 Submitted for City Manager's Office by: Joe Paniagua (6191) Originating Department Head: Jackie Mitchell (6711) Additional Information Contact: Jackie Mitchell (6711) Logname: 38MAXIMUS Page 2 of 2