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HomeMy WebLinkAboutR-2004-081 Interlocking Software Corporation Agreement7. RESOLUTION NO. R-2004-81 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a services agreement and all other necessary documents with Interlocking Software Corporation to develop a Strategic Information Technology Plan for the City's Business and Operating Systems. WHEREAS, the City Finance Department requires an analysis of the City's business and operating systems and a Strategic Information Technology Plan to replace and/or integrate these systems; and WHEREAS, Interlocking software has the experience and expertise necessary to analyze the City's business and operating systems and develop an Information Technology Plan; and WHEREAS, the City council deems it to be in the best interest of the City of Yakima to authorize execution of the attached agreement with Interlocking Software Corporation, now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated service agreement and all other necessary documents with the Interlocking Software Corporation for analysis of the City's business and operating systems and the development of a Strategic Information Technology Plan. ADOPTED BY THE CITY COUNCIL this 1st day of June, 2004. ATTEST: Kai-ut-„,, 85--ei_e.A.z...) City Clerk Macintosh HD:Desktop Folder:Interlocking 2 Resolution Mayor • Interlocking STATEMENT OF WORK Date: 4/30/2004 Interlocking Software Corporation (ILSC) 19472 Powder Hill Place NE Suite #100 Poulsbo, WA 98370-8720 Tel: 360-394-5900 1-800-532-8448 FAX: 360-779-2600 10802 To: City of Yakima 129 North Second St Yakima, WA 98901 Contact: Rick Pettyjohn Telephone: FAX: Estimated by: Required Date: (509) 575-6098 Steve Johnson. Work to Be Performed Perform Strategic IT Planning 'Description Hours Rate Price Strategic IT Planning 10% discount on Interlocking list rates Travel Thank you Total cost: 200 $150 200 $15 $30,000.00 ($3,000.00) $1,500.00 $28,500.00 This SOW represents an estimate of the work to be performed - Actual time and materials will be billed This SOW is valid for 30 calendar days from the issue date. This SOW is 'not to exceed without written approvalfrom the City Of Yakima" See Accompanying Professional Services Agreement Billing occurs bi-weekly. Terms are Net 30. Amounts past due greater than 60 days are subject to a 1.5% finance charge City of Yakima, WA • Authorized Richard A. Zais Jr. Sig ature terlocking S �� e Corporation Au i orized Signature , City Manager Robert Joh on, Chief Operating Officer Print Name and Title .2, aooet Date --rte CITY CONTRACT NO: RESOLUTION NO: Attest t t)C'(\ . Date I aapv-21 InterLocking Software Corporation Professional Services Agreement Associated to InterLocking Statement of Work #10802 1. Services Interlocking Software Corporation (Interlocking or ILSC) will provide to the City of Yakima (Client) the Services specified on the attached ILSC Statement of Work (SOW) or applicable Client work order, under the terms of this Agreement. Each SOW or work order shall specify the Services and applicable fees, and will be governed by the terms of this Agreement. To the extent that the terms and conditions of any ILSC SOW, Work Order, Proposal (or any customer purchase order) entered into between the parties conflict with or are inconsistent with the terms and conditions of the Agreement, the terms and conditions of this Agreement shall control. 2. Fees for Services and Termination Unless otherwise specified in the attached SOW or work order, services shall be provided to Client on a time and materials basis (T&M). Rates are as specified on the SOW or work order. If a dollar limit is specified in the SOW the limit shall be deemed an estimate for Client's budgeting and ILSC's resource scheduling purposes. The estimated dollar amount of the SOW will not be exceeded without written approval from the City of Yakima. Unless otherwise stated in the SOW any T&M work may be terminated by providing to ILSC three days written notice of such termination. 3. Travel Expenses Unless otherwise stated in the SOW or Work Order, Client shall reimburse ILSC for reasonable travel expenses incurred in conjunction with the services. The estimated dollar amount of travel expenses on the SOW will not be exceeded without written approval from the City of Yakima. 4. Invoicing and Payment ILSC shall invoice Client bi-weekly, unless otherwise expressly specified in a Work Order or Purchase Order. Charges shall be payable within 30 days of invoice date and shall be deemed overdue if they remain unpaid thereafter. All invoices overdue by greater than 60 days are subject to an interest charge of 1.5% per month. ILSC has a right to stop services and/or withhold work product if Client fails to pay invoices within 60 days of City's receipt of such invoices. 5. Taxes The charges do not include taxes. Any taxes resulting from this Agreement or activities resulting from this Agreement, including but not limited to sales and/or use tax, and exclusive of business and occupations taxes and taxes based upon net income, will be the responsibility of the Customer. 6. Term This agreement shall commence on its Effective Date, which is the date on the Statement of Work accompanying this Agreement. Client may terminate this Agreement at any time, with or without cause, by providing ILSC with three days written notice. Client will have an obligation to pay ILSC for any portion of the work completed prior to termination of the contract. 7. Warranty and Indemnification ILSC warrants that the Services will be performed consistent with generally accepted industry standards. 8. Limitations on Warranty CLIENT MUST REPORT ANY DEFICIENCIES IN THE SERVICES TO ILSC IN WRITING WITHIN SIXTY (60) DAYS OF COMPLETION OF THE SERVICES IN ORDER TO RECEIVE WARRANTY REMEDIES LISTED IN 9 BELOW. THE WARRANTY HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AS SET FORTH IN PARAGRAPH 9 OF THIS AGREEMENT. 9. Exclusive Remedy For any breach of the above warranty, Client's exclusive remedy, and ILSC's entire liability, shall be the reperformance of the Services. If ILSC is unable to reperform the Services as warranted, Client shall be entitled to recover the fees paid to ILSC for the deficient services. 10. Relationship between the Parties ILSC is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between the parties. Each party will be solely responsible for payment of all compensations owed to its employees, as well as employment related taxes. Each party will maintain appropriate worker's compensation for its employees, as well as employment related taxes. 11. Authority to Enter Into Agreement 2 Initials: ILSC Client InterLocking Software Corporation Professional Services Agreement Each party to this Agreement has the authority to enter into and form this Agreement. The individuals signing the Agreement have the authority to act as agents of their respective organizations. Each party acknowledges that they have read this Agreement and will abide by it. 12. Force Majeure Neither party will be considered to be in default of this Agreement as a result of events beyond their reasonable control. For purposes of this Agreement, such acts shall include, but are not limited to, acts of God, catastrophe, or other "force majeure" events beyond the parties' reasonable control. 13. Assignment of Contract The Client may not assign the Agreement or its responsibility for payments to any organization, without written approval by ILSC. ILSC may not assign its responsibilities for performance under the Agreement to any organization without written approval of the client. 14. Hold Harmless Indemnity If applicable, Client asserts it possesses all the rights and interests in the data and/or licensed software necessary to enter into this agreement, and shall indemnify and hold ILSC, its agents and employees harmless from any loss, damage or liability for infringement of any United States patent right or copyright with respect to the use of the licensed software; provided that Client is notified in writing within ten calendar days of suit or claim against ILSC, ILSC permits Client to defend, compromise or settle said claim of infringement and give Client all available information, assistance and authority to enable Client to do so, provided ILSC fully observes all the terms and conditions of this Agreement. Further, ILSC asserts it possesses all the rights and interests in the data and/or licensed software necessary to enter into this agreement, and shall indemnify and hold Client, its agents and employees harmless from any loss, damage or liability for infringement of any United States patent right or copyright with respect to the use of the licensed software; provided that ILSC is notified in writing within ten calendar days of suit or claim against Client. Client permits ILSC to defend, compromise or settle said claim of infringement and give ILSC all available information, assistance and authority to enable ILSC to do so, provided Client fully observes all the terms and conditions of this Agreement. 15. Confidentiality and Non -Disclosure Except as legally required, the parties agree that neither party shall directly or indirectly disclose or use any Confidential Information without prior written permission from the other party. "Confidential Information" means any type of confidential or proprietary information or material disclosed to or known by the Recipient of such information ("Recipient") as a consequence of or through its relationship with the party disclosing such information, and consisting of information conceived, originated, discovered, or developed in whole or in part by Recipient, which is not part of the public domain or otherwise generally available to the Recipient form independent sources, including but not limited to information which relates to research, development, trade secrets, know-how, inventions, technical data, hardware, software, source codes, object codes, manufacture, purchasing, accounting, engineering, marketing, merchandising and selling, business labs or strategies, and information entrusted by third parties to the party disclosing such information. 16. Nonsolicitation of Employees During the period that this Agreement is in effect and for a period of six (6) months after termination or expiration thereof, each party agrees not to solicit for employment any technical or professional employees of the other party assigned to work on the Project without the prior written approval of the other party. 17. Insurance a. Commercial Liability Insurance - On or before the date this Agreement is fully executed by the parties, the Consultant shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. b. Commercial Automobile Liability Insurance. - On or before the date this Agreement is fully executed by the parties, the Consultant shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state 3 Initials: ILSC Client InterLocking Software Corporation Professional Services Agreement who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration on this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Bests Guide and admitted in the State of Washington. 18. Survival of Rights The rights and responsibilities of sections 14, 15, and 16 shall survive the termination of this Agreement. 19. Severability All provisions of the Agreement are severable and no provision hereof shall be affected by the invalidity of any other such provision. 20. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the state of Washington. Venue shall be in Yakima County, Washington. 21.Compliance With Law. ILSC agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local or otherwise. 22. Notices Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: TO CITY TO ILSC Richard A. Zais City Manager City Hall 129 North 2nd Street Yakima, Washington 98901 James Page Chief Financial Officer 19472 Powder Hill PI NE Poulsbo, WA 98370 Or to such other addresses as the parties may hereafter designate in writing. Notices and/or other demands shall be sent by registered mail, postage prepaid of hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 23. Entire Agreement This agreement constitutes the complete agreement between the parties and supersedes all previous and contemporaneous agreements, proposals, or representations, written or oral concerning the subject matter of this Agreement. Neither this Agreement nor a Work Order or Purchase Order may be modified or amended except in writing signed by a duly authorized representative of each party: no other act, document, usage, or custom shall be deemed to amend or modify this Agreement, a Work Order, or Purchase Order. It is expressly agreed that any terms and conditions of Client's purchase order shall be superseded by the terms and conditions of this Agreement and the applicable Work Order. 4 Initials: ILSC Client IlltFeriL9c1SirElg Appendix A SOW 10802 City of Yakima Strategic Information Technology Plan Appendix A Scope of Services Scope of Services The objective of this engagement is to provide the City of Yakima with a Strategic Information Technology Plan for its business systems, and to generate a more detailed roadmap for the centralization and integration of a selected set of business applications. The high level strategic plan will define a framework for the effective implementation and management of the city's future business systems. The plan will provide a foundation for a city-wide approach to information technology management by establishing a consolidated vision and strategy across departmental boundaries. As detailed below, the focus of this engagement will be on selected business systems which share common processes and data. The Strategic Plan will define an environment where systems can communicate, interoperate, and share data while reducing costs through the implementation of enterprise -wide standards for information technology. In meeting this objective, Interlocking Software will perform an analysis of existing infrastructure and systems, define system and process interdependencies, and identify candidate systems for integration/centralization. This will result in a tactical plan for the integration/centralization of business systems effort. This plan, more detailed than the overall Strategic Plan, will propose an environment, timeline and cost estimates for the centralization and integration of chosen city business applications. More specifically, Interlocking Software will deliver a clear text Strategic Business Systems Information Technology Plan which will: A. At a high level, define a city-wide strategic framework aligning Information Technology objectives with the City of Yakima's core business objectives. 1. Identify core business objectives. 2. Establish guiding principles. 3. Define objectives and strategies. B. At a detailed level, define a logical integration/centralization plan for selected systems which share common processes and data. 1. Identify integration/centralization candidate systems. 2. Define a platform/environment for integration/centralization effort. 3. Establish an order of priority for system integration/centralization. 4. Define the required interim interfaces. 5. Establish a timeline for the integration/centralization process. 6. Estimate the cost of the integration/centralization effort. C. Provide a risk analysis associated with the existing as well as the planned Information System infrastructure and Business Systems. Interlocking Software's approach to meeting these objectives is: A. Leverage existing knowledge gained from the Utility Billing Analysis. B. Conduct On -Site system reviews. C. Conduct On -Site inter -departmental interviews. D. Adhere to established industry wide best practices for systems analysis and solutions definition. 11. Assumptions Appendix A Scope of Services As a condition of our involvement on this engagement, Interlocking Software assumes that the City of Yakima will provide the following: A. Open access to existing documentation. B. Open access to management and staff. C. Dedicated consultant workspace with Internet access. D. Timely scheduling of on-site information gathering meetings. E. Timely response to information gathering requests. III. Project Management, Documentation and Modeling Tools Interlocking Software utilizes a standard set of project management, documentation and diagramming tools comprised of the following: A. Microsoft Project 1. Used for general project management. B. Microsoft Office 1. Used for clear text documentation. C. Microsoft Visio 1. Used for diagramming D. Adobe Acrobat 1. Used for portable document creation and delivery. IV. Schedule This engagement is scheduled to begin on June 7th, 2004. The estimated length of this engagement is six (6) weeks. The anticipated level of effort for this engagement is 200 hours. V. Staffing This project is expected to be staffed by the following Paladin Data Systems personnel: A. Steve Johnson — Vice President, Operations B. Dawn Johnson — Project Manager and Senior Analyst VI. Reporting Throughout the engagement, Interlocking will submit weekly status reports listing accomplishments to date, upcoming tasks, out of scope items, risk factors, and current service fee / expense accruals. VII. Deliverables The deliverables associated with this engagement are as follows: A. Weekly status reports. B. Strategic Information Technology Plan (MSVisio, MSProject, MSWord) 1. Bound hard copy 2. Electronic copy in PDF format. Appendix A Scope of Services ID I Cost I Task Name Duration Start Finish L Jun 6, '04 I Jun 13, '04 Jun 20 j, '04 I Jun 27, '04 I Jul 4, '04 Jul SIMITIWITIFISISIMITINIVITIFIS SIMITIWITIFISISIMITIWITIFISISIMITIWIT(FIS SIMITIVVITIFISISIMIT 11 '04 I Jul 18, '04 WITIF 1$27,000.00 City of Yakima Strategic IT Plan 30 days Mon 6/7/04 Fri 7/16/04 j $3,240.00 Review Utility Billing Analysis Worknotes 3 days Mon 6/7/04 Wed 6/9/04 $18,360.00 Exploratory Interviews (On-Site) 22 days Thu 6/10/04 Fri 7/9/04 $2,160.00 Interviews With Information Systems Application Specialists 2 days Thu 6/10/04 Fri 6/11/04 $3,240.00 Business Division Interviews 3 days Mon 6/14/04 Wed 6/16/04 $1,080.00 Interviews With Information Systems Application Specialists 1 day Thu 6/17/04 Thu 6/17/04 $1,080.00 Propose Integrated System Group 1 day Fri 6/18/04 Fri 6/18/04 $2,160.00 Identify Project Risk Factors 2 days Mon 6/21/04 Tue 6/22/04 $3,240.00 Estimate Project Cost 3 days Wed 6/23/04 Fri 6/25/04 $5,400.00 Perform analysis and prepare draft document 10 days Mon 6/28/04 Fri 7/9/04 $5,400.00 On-Site Review of Strategic Plan 5 days Mon 7/12/04 Fri 7/16/04 $2,160.00 Business Division Meetings 2 days Mon 7/12/04 Tue 7/13/04 $2,160.00 On-site Fianlization of Strategic Plan 2 days Wed 7/14/04 Thu 7/15/04 $1,080.00 Presentation of Strategic Plan 1 day Fri 7/16/04 Fri 7/16/04 I, ilin ve Johnson[50%1 Steve Johnson Steve Johnson Steve Johnso 2 I Steve Johnson 3 . e Johnson ,, Johnson 4 — 5 — Steve Johnson , Steve Johnson . _,ve Johnson Steve Johnson 6 7 8 9 10 <ve 11 12 ----1-3---- 14 Project: Yakima Strategic Plan Date: Fri 5/21/04 Task Summary ^ Rolled Up Progress Project Summary i , ==MAW-V Group By Summary 111111111111111111.11111.1 —,,,,,,,,,,,,,,,,,,,,,,,,,, Progress Rolled Up Task I Split Milestone ♦ Rolled Up Milestone O External Tasks I_ Page 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT " Item No. For Meeting Of 62-1—° ITEM TITLE: Consulting Agreement for Business Systems Strategic Plan SUBMITTED BY: Rita Anson, Finance Director CONTACT PERSON/TELEPHONE: Rick Pettyjohn, Information Systems Mgr - 575-6098 SUMMARY EXPLANATION: Interlocking Software Corporation is currently in the final stages of an analysis and conceptual design of a Customer Service System to replace the City's Utility Billing System. As a result of this analysis and of on-going meetings of all the divisions involved in the Customer Service processes at the City, we have realized that a thorough analysis of these process must be expanded beyond the utility functions and include other customer related systems such as Planning, Engineering, Code Administration, and Work Order systems. Because Interlocking is already familiar with the City's systems and processes, and because the City staff involved with the analysis process have been very favorably impressed with Interlocking, we are recommending that we engage Interlocking to expand their analysis to result in a City Business/Operating Systems Strategic Plan. Accordingly, Interlocking has submitted to the City the attached Contract/Statement of Work to develop a Strategic Information Technology Plan for the City's business systems to include: A. A City-wide strategic framework aligning Information Technology objectives with the City's core business objectives; B. A detailed, logical integration/centralization plan for the selected systems which share common processes and data; and C. A risk analysis associated with the existing as well as the planned Information Systems infrastructure and business systems. All members of the Customer Services Systems Committee reviewed this contract and recommend acceptance. The attached agreement identifies the services Interlocking will perform and the deliverable products in more detail. Funding for this project was appropriated in the 2003 budget and has been encumbered into the 2004 budget. The total contract amount is $28,500 including travel and incidental expenses. Because Interlocking is already working with the City, they will begin this project upon contract approval. The entire process is estimated at 200 hours over a six-week period. Resolution XX Ordinance Other (Specify) Contract XX Mail to (name and address): Robert Johnston, COO, Interlocking Software, 19472 Powder Hill P1 NE Suite 100, Paulsbo, WA 98370 Phone: (360) 779-2600 Funding Source General Fund APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve Resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolut ion adopted . RESOLUTION R-2004-81