HomeMy WebLinkAbout443506 TRUE POINT SOLUTIONS LLC - CONTRACT - RFP - 7086 ACCELA APPLICATION CONSULTINGPROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and TruePoint Solutions, hereinafter referred to as "Professional".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance
with any project Work Orders for 7086 Accela Application Consulting, issued by the City. A
blank sample of a work order is attached hereto as Exhibit "A", consisting of one (1) page and is
incorporated herein by this reference. The City reserves the right to independently bid any
project rather than issuing a Work Order to the Professional for the same pursuant to this
Agreement.
2. The Work Schedule. The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule stated on each Work Order.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time
is of the essence. Any extensions of any time limit must be agreed upon in writing by the
parties hereto.
4. Contract Period. This Agreement shall commence December 1, 2009, and shall
continue in full force and effect until November 30, 2010, unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for additional
one year periods not to exceed four (4) additional one year periods. Renewals and pricing
changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley
CPIU published by the Colorado State Planning and Budget Office will be used as a guide.
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EXHIBIT B
RATE SCHEDULE
Project Management $150/hour
Business Analysis $150/hour
System Configuration $150/hour
Data Conversion Services $150/hour
Reports Creation (Crystal or SQL) $150/hour
Training (Administrator, End User Train the Trainer or $150/hour
Training Material Creation
*Fixed price pricing quotes for services can be made available on request if a detailed
scope of work is defined.
Travel and expenses are billed as incurred. Service Provider bills mileage at the current
Federal rate (currently $0.55 per mile). All other expenses like airfare, lodging, meals,
parking etc. are billed as incurred with actual receipts. Service Provider will make every
effort possible to minimize all expenses and will follow guidelines or reasonable
suggestions made by the City for expenses.
EXHIBIT C
SCOPE OF WORK
The following is an inclusive list of the modules and add-ons currently used by the City.
The scope of services that are most likely to be requested during the length of the
contract include business process review, workflow configuration, module
implementation, scripting, and report writing. There could be other, unidentified Accela
Automation support and configuration services required.
Focused Services
➢ Land Management
o Building Permits
o Code Enforcement
o Planning
➢ Add-Ons
o Accela Wireless
o Accela Citizen Access
o Accela GIS
o Accela IVR (Hosted through Accela)
➢ Miscellaneous
o Crystal Enterprise Integration
o APO Reference Data updated through import
Current Environment
➢ We currently deploy Accela Automation 6.7 with separate production and test
environments, using both classic and V360 interfaces. The database is Oracle
10g.
➢ Total — 115 across multiple departments throughout the City.
Cooperative Purchasing:
The City of Fort Collins allows other Public Agencies the opportunity to purchase
off the Award for this Bid, at the option of the Awarded Vendor.
EXHIBIT D
CONTRACT RESPONSE MECHANISM
Contract award does not guarantee any minimum amount of dollars or hours for any of
the vendors selected. The City is awarding contracts to multiple vendors in order to
contract with varying skill sets and/or to gain additional scheduling flexibility. The
highest -ranked proposer will serve as the Primary Professional, and the second -highest
ranked proposer will serve as the Secondary Professional. As a standard practice, it is
the intent of the City that, as the need for Accela Application Consulting arises, the City
would contact the two Professionals regarding the specifics of the need. If the Primary
Professional is able to meet that need with sufficient qualified resources in the time
frame required, the Primary Professional receives the Work Order. If not; if the
Secondary Professional is able to meet that need with sufficient qualified resources in
the time frame required, the Secondary Professional receives the Work Order. If neither
of the Professionals is able to meet the need, other contractors would be contacted.
When contacted by the City of Fort Collins Project Manager (either by phone or by e-
mail) with a request, Professionals are asked to respond back with the following:
• Person available (their resume should already be on file with us)
• When they are available
Long writeups are not necessary unless specifically requested by the Project Manager.
Primary Professional: TruePoint Solutions
Secondary Professional: RedMark Technologies
PRODUCER CERTIFICATE OF LIABILITY INSURANCE TRVDE
Vitas Ins Agency—Lic.#OD87937 T I E
George Petersen Ins A en ONLY AND CONFERS NO RIGHTS UPI
200 Auburn -Folsom Rd Suite 300 AL ER THE COVERAGE AFFOR ED E
Auburn CA 95603
Phone: 530-823-3733 Fax:530-823-3640 INSURERS AFFORDf
True Point Solutions LLC
Kent Johnson
3262 Penryn Rd Ste. 100-B
Loomis CA 95656
1
COVERA(IFIR
NG COVERAGE
INSURER A: HartfOrd Casualty Insurance Co
INSURERS: Hartford Fire Insurance Co
INSURER C:
INSURER D:
INSURER E:
NAIC #
M_.
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
LTR
NS
TYPE OF INSURANCE
POLICY NUMBER
DA78Cylp EDDY
TION
DAZE DP
LIMITS
LIMITS
A
X
GENERAL
X
LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE a OCCUR
57SBAAX4262
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-
02/01/10
EACH OCCURRENCE
$ 1 000 000
PREMISES {Eaocccm,
$ 300 000
MEO EXP (Any one person)
$ jQ r Q.00
PERSONAL &ADVINJURY
S 1 000 000
GENERAL AGGREGATE
$ 2 000 r 000
GEML AGGREGATE LRO- APPLIES PER:
POLICY X JECT LOC
PRODUCTS - COMP/Op AGG
$ 2 r 000 000
AUTOMOBILE
LIABILITY
A
ANY AUTO
COMBINED SINGLE LIMIT
(Ea accident)
$ 1000000 -
ALL OWNED AUTOS
�PODILY INJURY
peen)
$
SCHEDULED AUTOS
A
A
X
X
HIRED AUTOS
NON-OWNEDAUTOS
57SBAAX4262
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02/01/10
BODILY INJURY
(Perac0ent)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
HANY AUTO
AUTO ONLY - EA ACCIDENT
S
OTHER THAN EA ACC
AUTO ONLY: AGG
$
$
EXCESS I UMBRELLA LIABILITY
OCCUR CLAIMS MADE
EACH OCCURRENCE
S
AGGREGATE
$
$
DEDUCTIBLE
RETENTION . $
WORKERS COMPENSATION
S
A
AND EMPLOYERS' LIABILITY YIN N
OFFICER/MEMSEREXCLUDED?ECUTtVEn
I�—JJ
If yyes, describe under
(Xes. d ory In be under
SPECIAL PROVISIONS below
OTHER
57WECRL0324
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04/01/10
%- TORY LIMITS ER
E.L. EACH ACCIDENT
$100_0000
E.L. DISEASE - EA EMPLOYE
$ 1.000000
E.L. DISEASE - POLICY LIMIT I $ 1000000
B
Errors & Ommission
57SBAAX4262
02/01/09
02/01/10
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
*10 days NOC for non --payment. Certificate Holder is named additionally
insured per endorsement to follow from the company.
a.cR rlrw�a I c nuL IJtrc CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
PATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL
City of Fort Collins IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Attn: Ed Bonnette
2nd Floor -Purchasing REPRESENTATIVES.
215 N. Mason St. AUTO RES ATIVE
Fort Collins CO 80524
44
ACORD 26 (2009101) 8- 009 ACORD CORPORATION. All rights reserved.
I Fie Awrcu name ano logo are registered marks of ACORD
Written notice of renewal shall be provided to the Professional and mailed no later than ninety
(90) days prior to contract end.
5. Early Termination by City/Notice. Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time without cause by providing written
notice of termination to the Professional. Such notice shall be delivered at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this agreement shall be effective when mailed, postage
prepaid and sent to the following address:
Professional:
TruePoint Solutions
3262 Penryn Road, Suite 100-B
Loomis, CA 95650
Attn: Kent Johnson
(916) 577-1470
kjohnson(Wtruepointsolutions.com
City:
City of Fort Collins
Attn: Dan Coldiron, MIS
PO Box 580
Fort Collins, CO 809522
(970) 221-6804
dcoldiron(cDfcgov.com
With Copy to:
City of Fort Collins
Attn: Purchasing Div.
PO Box 580
Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole
right and remedy for such termination.
6. Design, Project Insurance and Insurance Responsibility. The Professional shall
be responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to designs,
plans, reports, specifications, and drawings and shall, without additional compensation,
promptly remedy and correct any errors, omissions, or other deficiencies. The Professional
shall indemnify, save and hold harmless the City its officers and employees, in accordance with
Colorado law, from all damages whatsoever claimed by third parties against the City and for the
City's costs and reasonable attorney's fees arising directly or indirectly out of the Professional's
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negligent performance of any of the services furnished under this Agreement. The Professional
shall maintain commercial general liability insurance in the amount of $500,000 combined single
limits and errors and omissions insurance in the amount of N/A.
7. Compensation. In consideration of services to be performed pursuant to this
Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis
designated in Exhibit "B", consisting of one (1) page, attached hereto and incorporated herein
by this reference. At the election of the City, each Work Order may contain a maximum fee,
which shall be negotiated by the parties hereto for each such Work Order. Monthly partial
payments based upon the Professional's billings and itemized statements are permissible. The
amounts of all such partial payments shall be based upon the Professional's City -verified
progress in completing the services to be performed pursuant to the Work Order and upon
approval of the Professional's direct reimbursable expenses. Final payment shall be made
following acceptance of the work by the City. Upon final payment, all designs, plans, reports,
specifications, drawings, and other services rendered by the Professional shall become the sole
property of the City.
8. City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to the City Representative.
9. Project Drawings. Upon conclusion of the project and before final'payment, the
Professional shall provide the City with reproducible drawings of the project containing accurate
information on the project as constructed. Drawings shall be of archival, prepared on stable
mylar base material using a non -fading process to provide for long storage and high quality
reproduction. "CD" disc of the as -built drawings shall also be submitted to the owner in and
AutoCAD version no older then the established city standard.
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10. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on
any Work Order and every thirty days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Work Order,
Work Schedule and other material information. Failure to provide any required monthly report
may, at the option of the City, suspend the processing of any partial payment request.
11. Independent Contractor. The services to be performed by Professional are those
of an independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of Professional's compensation hereunder for the
payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
12. Personal Services. It is understood that the City enters into this Agreement
based on the special abilities of the Professional and that this Agreement shall be considered as
an agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
13. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve the Professional of responsibility for the quality or technical accuracy of the work. The
City's approval or acceptance of, or payment for, any of the services shall not be construed to
operate as a waiver of any rights or benefits provided to the City under this Agreement.
14. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default.
15. Remedies. In the event a party has been declared in default, such defaulting
party shall be allowed a period of ten (10) days within which to cure said default. In the event
the default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
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performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting
party commences legal or equitable actions against the defaulting party, the defaulting party
shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees
and costs incurred because of the default.
16. Binding Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties.
17. Law/Severability. The laws of the State of Colorado shall govern the
construction, interpretation, execution and enforcement of this Agreement. In the event any
provision of this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this
Agreement.
18. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Professional represents and agrees that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien
who will perform work under this Agreement; and
2. Professional will participate in either the e-Verify program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156,
108th Congress, as amended, administered by the United States Department of
Homeland Security (the "e-Verify Program") or the Department Program (the
"Department Program"), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Professional shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform work
under this Agreement.
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C. Professional is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Professional
shall:
Notify such subcontractor and the City within three days that Professional
has actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
cease employing or contracting with the illegal alien; except that Professional
shall not terminate the contract with the subcontractor if during such three days
the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
If Professional violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Professional shall be liable for actual and consequential
damages to the City arising out of Professional's violation of Subsection 8-17.5-102,
C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
19. Amendment 54. To the extent that this Agreement may constitute a "sole
source government contract" within the meaning of Section 2(14.4) of Article XXVIII of the
constitution of the State of Colorado, about which the City makes no representation, Section 15
of said Article XXVIII, which reads as follows, is hereby incorporated into this Agreement and
made a part hereof:
stdwopsa rev 07/09
a. Section 15. Because of a presumption of impropriety between contributions to
any campaign and sole source government contracts, contract holders shall contractually agree,
for the duration of the contract and for two years thereafter, to cease making, causing to be
made, or inducing by any means, a contribution, directly or indirectly, on behalf of the contract
holder or on behalf of his or her immediate family member and for the benefit of any political
party or for the benefit of any candidate for any elected office of the state (of Colorado) or any of
its political subdivisions.
20. Special Provisions. Special provisions or conditions relating to the services to
be performed pursuant to this Agreement are set forth in Exhibit "C", consisting of one (1) page,
and Exhibit "D", consisting of one (1) page, attached hereto and incorporated herein by this
reference.
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THE CITY OF FORT COLLINS, COLORADO
By: 7�
W--
(Jamks B. O'Neill II, CPPO, FNIGP
it ctor of Purchasing & Risk Management
Date:
True Poi nt olutio
By:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: Act ! 1, 20 >
ATTEST:
(Corporate Sea[)
Corporate Secretary
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EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
Acceptance
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional
Services Agreement between the parties. In
the event of a conflict between or ambiguity in
the terms of the Professional Services
Agreement and this work order (including the
attached forms) the Professional Services
Agreement shall control.
The attached forms consisting of (_)
pages are hereby accepted and incorporated
herein, by this reference, and Notice to
Proceed is hereby given.
Professional
By:
Date:
City of Fort Collins
By:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
(over $60,000.00)
Date:
User
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